`
`
`
`Exhibit D
`
`
`
`Case 3:14-cv-05499-PGS-LHG Document 41-8 Filed 07/07/15 Page 2 of 4 PageID: 442
`
`448
`
`1
`
`2
`
`3
`
`UNITED STATES DISTRICT COURT
`DISTRICT OF NEW JERSEY
`
`4 UNITED THERAPEUTICS CORPORATION,
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
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`18
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`19
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`20
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`21
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`22
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`23
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`24
`
`25
`
`Vs.
`
`SANDOZ, INC.,
`
`DEFENDANT
`
`CIVIL NO.
`12-1617 (PGS)
`13-316
`
`MAY 8, 2014
`CLARKSON S. FISHER COURTHOUSE
`402 EAST STATE STREET
`08608
`TRENTON, NEW JERSEY
`
`B E F 0 R E:
`
`THE HONORABLE PETER G. SHERIDAN
`U.S. DISTRICT COURT JUDGE
`DISTRICT OF NEW JERSEY
`
`TRIAL - DAY 4
`
`Certified as true and correct as required
`by Title 28, U.S.C. Section 753
`/S/ Francis J. Gable
`FRANCIS J. GABLE, C.S.R., R.M.R.
`OFFICIAL U.S. REPORTER
`(856) 889-4761
`
`United States District Court
`Trenton, New Jersev
`
`
`
`Case 3:14-cv-05499-PGS-LHG Document 41-8 Filed 07/07/15 Page 3 of 4 PageID: 443
`
`Zaccardelli - Cross - Steindler
`
`538
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`1
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`2
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`so that you don't get them. Whether they're treatable or not
`
`I think depends on many factors, including the type of
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`3 organism and the patient's health status.
`
`4 Q.
`
`Could you turn to PTX-500, please.
`
`)3:14
`
`5 A.
`
`Yes.
`
`6 Q.
`
`I believe you testified this is the AET testing that you
`
`7 had conducted with Remodulin and Sterile Diluent for Flolan;
`
`8
`
`is that correct?
`
`9 A.
`
`It's the
`
`yes, the report contains that data.
`
`)3:14
`
`10 Q.
`
`And that data is also contained in the '007 patent;
`
`11
`
`right?
`
`12 A.
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`13 Q.
`
`Yes.
`
`Some of it at least is, yes.
`
`And it's also reflected in the article that you authored;
`
`14
`
`right?
`
`)3:14
`
`15 A.
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`16 Q.
`
`Yes, at least some of it is.
`
`Well, let's go to PTX-576.
`
`It's a version of the
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`)3:15
`
`17 Remodulin label, I don't think you'll find it in your binder.
`
`18 A.
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`19 Q.
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`20 A.
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`21 Q.
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`22
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`23
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`I don't think I have it.
`
`You're familiar with the Remodulin label; correct?
`
`Yes, I'm familiar with it.
`
`So, let's go to Section 11.
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`If you will. Scroll down.
`
`And just blow up that first portion.
`
`Now, Remodulin is comprised of a number of different
`
`24 products -- ingredients; right?
`
`)3:15
`
`25 A. Yes.
`
`United States District Court
`Trenton, New Jersev
`
`
`
`Case 3:14-cv-05499-PGS-LHG Document 41-8 Filed 07/07/15 Page 4 of 4 PageID: 444
`
`Zaccardelli - Cross - Steindler
`
`539
`
`1 Q.
`
`So it's got sodium chloride in it, metacresol, sodium
`
`2 citrate, and water; right?
`
`3 A.
`
`Yes.
`
`4 Q.
`
`Of those ingredients metacresol is a preservative and
`
`)3:16
`
`5 antimicrobial agent; correct?
`
`6 A. Yes, metacresol is in the formulation to serve those
`
`7 purposes.
`
`8 Q. Let me just be clear that I understand your answer.
`
`9 Metacresol is an antimicrobial agent; correct?
`
`)3:16
`
`10 A.
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`I -- I can say that it's in the formulation in order to
`
`11 achieve antimicrobial effectiveness testing by the USP.
`
`12 Q. You're not able to say whether metacresol in your product
`
`13
`
`is an antimicrobial agent?
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`14 A.
`
`I'm not a specific chemist or microbiologist.
`
`I can say
`
`)3:16
`
`15 it's in there in order to achieve the antimicrobial
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`16 effectiveness test; all attributes I can't -- I can't attest
`
`17
`
`to.
`
`18 Q. Let's go to PTX-912, please. This one is in your binder.
`
`19 A. Yes.
`
`)3:17
`
`20 Q. And you recall that this is the article by Rich, et al,
`
`21
`
`that you talked about on your direct examination; right?
`
`22 A.
`
`Correct.
`
`23 Q.
`
`Could you turn to the page Bate stamp 1162350.
`
`24 A.
`
`Yes, I have it.
`
`)3:18
`
`25 Q.
`
`Bear with me for a moment.
`
`United States District Court
`Trenton, New Jersev
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