`#: 34048
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`GENENTECH, INC.,
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`AMGEN INC.,
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`v.
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`Plaintiff,
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`Defendant.
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`C.A. No. 18-924-CFC
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`CERTIFICATION OF COUNSEL
`REGARDING PROPOSED JURY INSTRUCTIONS
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`Pursuant to the Court’s November 21, 2019 oral order, the undersigned
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`hereby certify that local and lead trial counsel for the parties made reasonable
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`efforts to reach agreement and conferred by telephone on January 23, 2020 at 1:00
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`p.m. ET for approximately 1 hour. The following counsel for Genentech
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`participated in the call: Daniel M. Silver, McCarter & English, LLP; Robert
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`Gunther, Andrew Danford, Joshua Stern, Stephanie Lin, and Cristina Salcedo,
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`Wilmer Cutler Pickering Hale and Dorr LLP. The following counsel for Amgen
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`participated in the call: Neal Belgam, Smith, Katzenstein & Jenkins LLP;
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`Michelle Rhyu, Daniel Knauss, and Alexandra Leeper, Cooley LLP. The parties
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`made further efforts to reach agreement and conferred by telephone on January 29,
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`2020 at 3:00 p.m. ET for approximately 1 hour. The following counsel for
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`Genentech participated in the call: Daniel M. Silver, McCarter & English, LLP;
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`ME1 32557865v.1
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`Case 1:18-cv-00924-CFC-SRF Document 499-1 Filed 02/03/20 Page 2 of 3 PageID
`#: 34049
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`Andrew Danford, Joshua Stern, Stephanie Lin, and Cristina Salcedo, Wilmer
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`Cutler Pickering Hale and Dorr LLP. The following counsel for Amgen
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`participated in the call: Eve Ormerod, Smith, Katzenstein & Jenkins LLP;
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`Michelle Rhyu, Daniel Knauss, and Alexandra Leeper, Cooley LLP. Where the
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`parties were unable to reach agreement, their competing proposals are set forth in
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`the jury instructions filed contemporaneously herewith.
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`ME1 32557865v.1
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`2
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`Case 1:18-cv-00924-CFC-SRF Document 499-1 Filed 02/03/20 Page 3 of 3 PageID
`#: 34050
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`SMITH KATZENSTEIN & JENKINS
`LLP
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`/s/ Eve H. Ormerod
`Neal C. Belgam (#2721)
`Eve H. Ormerod (#5369)
`Jennifer M. Rutter (#6200)
`1000 West Street, Suite 1501
`Wilmington, DE 19801
`(302) 652-8400
`nbelgam@skjlaw.com
`eormerod@skjlaw.com
`jrutter@skjlaw.com
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`Attorneys for Defendant Amgen Inc.
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`February 3, 2020
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`MCCARTER & ENGLISH, LLP
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`/s/ Daniel M. Silver
`Michael P. Kelly (#2295)
`Daniel M. Silver (#4758)
`Alexandra M. Joyce (#6423)
`Renaissance Centre
`405 N. King Street, 8th Floor
`Wilmington, DE 19801
`(302) 984-6300
`mkelly@mccarter.com
`dsilver@mccarter.com
`ajoyce@mccarter.com
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`Attorneys for Plaintiff Genentech, Inc.
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`ME1 32557865v.1
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`3
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