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Case 1:05-cv-12237-WGY Document 518 Filed 06/15/2007 Page 1 of 4
)
AMGEN, INC. )
)
Plaintiff, )
)
v. )
)
C.A. No. 05-12237-WGY
F. HOFFMAN-LA ROCHE LTD., a Swiss )
Company, ROCHE DIAGNOSTICS GmbH, a )
German Company, and HOFFMAN-LA ROCHE )
INC., a New Jersey Corporation )
)
Defendants. )
)
Plaintiff Amgen, Inc. (“Amgen”) hereby moves this Court for an order granting summary
judgment in its favor on the antitrust and state law counterclaims (Counts I, III, IV, V, VI, VII,
VIII, IX, and X) of Defendants F. Hoffman-La Roche Ltd., Roche Diagnostics GmbH, and
Hoffman-La Roche Inc. (collectively “Roche”) pursuant to Rule 56 of the Federal Rules of Civil
The grounds for this motion are set forth in the accompanying (1) Memorandum of Law
in Support of Amgen’s Motion for Summary Judgment on Roche’s Antitrust and State Law
to Local Rule 56.1 in Support of Amgen’s Motion for Summary Judgment on Roche’s Antitrust
and State Law Counterclaims; and (3) Declaration of James M. Fraser in Support of Amgen’s
Motion for Summary Judgment on Roche’s Antitrust and State Law Counterclaims. In the
accompanying Memorandum of Law, Amgen addresses (a) Roche’s failure to create a triable
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Case 1:05-cv-12237-WGY Document 518 Filed 06/15/2007 Page 2 of 4
issue regarding whether Amgen has engaged in anticompetitive or exclusionary conduct and
(b) Roche’s inability to meet its burden of demonstrating harm to competition, not merely Roche
itself. Amgen reserves the right to contest other elements of Roche’s claims.
Amgen respectfully requests oral argument on the present summary judgment motion.
I certify that counsel for the parties have conferred in an attempt to resolve or narrow the
issues that are the subject of this motion and that no agreement could be reached.
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Case 1:05-cv-12237-WGY Document 518 Filed 06/15/2007 Page 3 of 4
AMGEN INC.,
By its attorneys,
CERTIFICATE OF SERVICE
I hereby certify that this document, filed through the ECF system will be sent
electronically to the registered participants as identified on the Notice of electronic filing and
paper copies will be sent to those indicated as non-registered participants.