`Case 1:18-cv-00924-CFC Document 421 Filed 10/15/19 Page 1 of 3 PageID #: 32038
`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE DISTRICT OF DELAWARE
`
`GENENTECH, INC.,
`
`Plaintiffand Counterclaim
`Defendant,
`
`CA. No. 18-924-CFC
`
`PUBLIC VERSION
`
`V.
`
`AMGEN INC,
`
`Defendant and
`
`Counterclaim Plaintiff.
`
`DECLARATION OF BENJAMIN S. LIN
`
`IN SUPPORT OF AMGEN’S ANSWERING BRIEF IN OPPOSITION TO -
`
`GENENTECH’S MOTION FOR SANCTIONS PURSUANT TO FEDERAL
`
`RULE OF CIVIL PROCEDURE 37(b)
`
`
`
`Case 1:18-cv-00924-CFC Document 421 Filed 10/15/19 Page 2 of 3 PageID #: 32039
`Case 1:18-cv-00924-CFC Document 421 Filed 10/15/19 Page 2 of 3 PageID #: 32039
`
`1, Benjamin S. Lin, declare as follows:
`
`1.
`
`I am an associate at the law firm of Cooley LLP, counsel for Amgen
`
`Inc. in Case No. 18-cv-00924-CFC (D. Del).
`
`I am familiar with the facts set forth
`
`herein, and if called as a witness, I could and would testify competently to those
`
`facts under oath.
`
`2.
`
`I submit this declaration in support of Amgen’s Answering Brief in
`
`Opposition to Genentech’s Motion for Sanctions Pursuant to Federal Rule of Civil '
`
`Procedure 37(b).
`
`3.
`
`Attached hereto as Exhibit 1' is a true and correct copy of an email from
`
`Genentech counsel to Amgen counsel, dated August 28, 2019,
`
`regarding
`
`Genentech’s request to depose Amgen witnesses.
`
`4.
`
`Attached heretoas Exhibit 2 is a true and correct copy of an excerpted
`
`version of the deposition transcript of Lois Kwai‘groch, dated September 17, 2019.
`
`This exhibit is marked confidential.
`
`5.
`
`Attached hereto as Exhibit 3 is a true and correct copy of an excerpted
`
`version of the deposition transcript of Stuart Watt. dated September 23, 2019. This
`
`exhibit is marked confidential.
`
`
`
`/
`Case 1:18-cv-00924-CFC Document 421 Filed 10/15/19 Page 3 of 3 PageID #: 32040
`Case 1:18-cv-00924-CFC Document 421 Filed 10/15/19 Page 3 of 3 PageID #: 32040
`
`I declare under penalty of perjury that the foregoing is true and correct to the best
`
`of my personal knowledge.
`
`£1
`
`Date: October 8, 2019
`
`By:
`
`'
`
`l enjamin S. Lin
`
`2I2936383 vl
`
`