Free Motion to Dismiss - District Court of California - California

Case 3:08-cv-00401-BEN-WMC

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Filed 04/01/2008

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FOLEY & LARDNER LLP 402 W. BROADWAY, SUITE 2100 SAN DIEGO, CA 92101-3542 TELEPHONE: 619.234.6655 FACSIMILE: 619.234.3510 KENNETH S. KLEIN, CA BAR NO. 129172 FOLEY & LARDNER LLP 3000 K STREET, NW - SUITE 500 WASHINGTON, DC 20007-5101 TELEPHONE: 202.672-5300 FACSIMILE: 202.672-5399 ANAT HAKIM, (admitted pro hac vice) Attorneys for Defendant The Rockefeller University, a New York not-for-profit corporation,

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

Ligand Pharmaceuticals Incorporated, a Delaware corporation, Plaintiff, vs. The Rockefeller University, a New York not-for-profit corporation, Defendant.

Case No: 08-CV-401 BEN (WMc) DECLARATION OF ANAT HAKIM IN SUPPORT OF DEFENDANT THE ROCKEFELLER UNIVERSITY'S MOTION TO DISMISS, OR IN THE ALTERNATIVE, TRANSFER OR STAY THIS ACTION Judge: Date: Time: Dept: Roger T. Benitez June 2, 2008 10:30 a.m. Courtroom 3

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I, Anat Hakim, declare as follows: 1. I am an attorney licensed to practice before all courts of the State of New

York and am employed by the law firm of Foley & Lardner LLP, attorneys of record for defendant, The Rockefeller University. I have personal knowledge of the matters asserted herein and, if called as a witness to testify, I could and would competently testify to the matters stated herein. 2. Attached hereto as Exhibit "1" is a true and correct copy of Summons and

Complaint brought by The Rockefeller University against Ligand Pharmaceuticals Incorporated, which The Rockefeller University filed in the Supreme Court of the State
08-CV-401 BEN WMC

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Case 3:08-cv-00401-BEN-WMC

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of New York in the County of New York on March 4, 2008 at 9:02 a.m. EST. 3. Attached hereto as Exhibit "2" is a true and correct copy of the 1992 license

agreement between Ligand Pharmaceuticals Incorporated and The Rockefeller University. 4. Attached hereto as Exhibit "3" is a true and correct copy of a March 13,

2008 letter from Charles S. Berkman of Ligand Pharmaceuticals, Inc. to The Office of the General Counsel at The Rockefeller University. 5. Attached hereto as Exhibit "4" is a true and correct copy of a March 17,

2008 letter from Anat Hakim to Charles S. Berkman of Ligand Pharmaceuticals, Inc. 6. Attached hereto as Exhibit "5" is a true and correct copy of the complaint

filed by Ligand Pharmaceuticals Incorporated against The Rockefeller University in the United States District Court, Southern District of California, on March 4, 2008 at 8:33 a.m. PST. 7. Attached hereto as Exhibit "6" is a true and correct copy of a March 14,

2008 Notice of Filing of Notice of Removal and Notice of Removal, filed by Ligand Pharmaceuticals Incorporated on March 14, 2008. 8. Attached hereto as Exhibit "7" is a true and correct copy of Ligand

Pharmaceuticals Inc.'s Notice of Motion to Dismiss, or In the Alternative, To Transfer to the Southern District of California, Memorandum in Support, and Supporting Exhibits, which Ligand Pharmaceuticals Inc. filed in the Southern District of New York on March 21, 2008. 9. Attached hereto as Exhibit "8" is a true and correct copy of a December 22,

1992 letter (Bates stamped RU0002701.001) from James Darnell of The Rockefeller University to Dr. Robert B. Stein of Ligand Pharmaceuticals.

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08-CV-401 BEN WMC

Case 3:08-cv-00401-BEN-WMC

Document 11-4

Filed 04/01/2008

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