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Case 1:05-cv-12237-WGY Document 915 Filed 08/31/2007 Page 1 of 3
AMGEN, INC., )
)
Plaintiff, )
)
v. ) Civil Action No. 05 CV 12237 WGY
)
F. HOFFMANN-LAROCHE LTD., )
a Swiss Company, ROCHE DIAGNOSTICS )
GMBH, a German Company, and )
HOFFMANN LAROCHE INC., a New )
Jersey Corporation, )
)
Defendants. )
Plaintiff Amgen Inc. respectfully requests that the Court give the attached Special Verdict
1
As noted in the Joint Pretrial Memorandum (D.I. 807), it is Amgen’s position that obviousness-
type double patenting is a matter of law purely for the Court to decide. See In re Metoprolol
Succinate Patent Litig., 2007 U.S. App. LEXIS 17463, at *10-11 (Fed. Cir. July 23, 2007).
Amgen maintains this position, and addresses ODP in the accompanying proposed special
verdict form in the alternative, should the Court decide to submit ODP issues to the jury. Amgen
reserves the right to contest the submission of ODP issues to the jury.
DM1\1182631.2
Dockets.Justia.com
Case 1:05-cv-12237-WGY Document 915 Filed 08/31/2007 Page 2 of 3
Respectfully Submitted,
2
DM1\1182631.2
Case 1:05-cv-12237-WGY Document 915 Filed 08/31/2007 Page 3 of 3
CERTIFICATE OF SERVICE
I hereby certify that this document filed through the Electronic Case Filing (ECF)
system will be sent electronically to the registered participants as identified on the Notice
of Electronic Filing (NEF) and paper copies will be sent to those indicated as non-
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