`Leland Stanford Junior University
`
`Paper __
`
`By: R. Danny Huntington, Lead Counsel
`Sharon E. Crane, Ph.D., Backup Counsel
`Rothwell, Figg, Ernst & Manbeck, P.C.
`607 14th St., N.W., Suite 800
`Washington, DC 20005
`Telephone: 202-783-6040
`Facsimile: 202-783-6031
`E-mail: dhuntington@rfem.com
`scrane@rfem.com
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`SEQUENOM, INC.
`Petitioner,
`
`v.
`
`THE BOARD OF TRUSTEES OF
`THE LELAND STANFORD JUNIOR UNIVERSITY
`Patent Owner.
`
`Case IPR2013-00390
`Patent 8,195,415
`
`DECLARATION OF JOSEPH DERISI, PH.D.
`
`1
`
`STANFORD EXHIBIT 2135
`SEQUENOM v. STANFORD
`CASE IPR2013-00390
`
`
`
`United States Patent and Trademark Office
`Patent Trial and Appeal Board
`Madison Building East
`600 Dulany Street
`Alexandria, Virginia 22313
`
`The undersigned, Joseph DeRisi, Ph.D., does hereby declare and state
`
`that:
`
`1.
`
`I make the following declaration based upon my knowledge and
`
`belief.
`
`2.
`
`I am a Professor and Howard Hughes Investigator in the
`
`department of Biochemistry and Biophysics at the University of California,
`
`San Francisco (UCSF) School of Medicine.
`
`3.
`
`I have been asked to testify about events associated with
`
`sequencing runs that were performed on behalf of Christina Fan and Stephen
`
`Quake in my laboratory in 2008. It is my recollection that these sequencing
`
`runs related to their performing experiments to non-invasively diagnose fetal
`
`aneuploidy by quantifying DNA fragments in the blood of a pregnant
`
`patient, which DNA fragments can be aligned to particular chromosomes,
`
`and certain of which exist at an elevated level when the fetus is aneuploid.
`
`4.
`
`I recall having discussions with Dr. Quake regarding these
`
`sequencing runs, and I recall Dr. Fan coming to UCSF to work with Clement
`
`2
`
`
`
`Chu for the sequencing runs, and with Kael Fischer for alignment analysis of
`
`those sequencing runs.
`
`5.
`
`I have reviewed Exhibits 2119 and 2120 which I understand are
`
`being submitted in this patent interference proceeding, and it refreshes my
`
`recollection as to those events and the dates on which they occurred.
`
`6.
`
`On January 9, 2008, Dr. Quake contacted me, requesting to our
`
`Solexa sequencer for use with his project on non-invasive diagnosis of fetal
`
`aneuploidy. I agreed and indicated that he should talk with Clement Chu to
`
`arrange the sequencing. Later in January of 2009, Drs. Quake and I further
`
`corresponded about a "reagent barter" where the Quake lab would provide
`
`reagents when my lab wanted to run sequencing reactions on the Quake 454
`
`sequencer, and the my lab would provide reagents when we wanted to run
`
`sequencing reactions on their Solexa sequencer. (Ex. 2119).
`
`7.
`
`In signing this declaration, I understand that the declaration will
`
`be filed as evidence in a contested case before the Patent Trial and Appeal
`
`Board of the United States Patent and Trademark Office. I acknowledge that
`
`I may be subject to cross-examination in the case and that cross-examination
`
`will take place within the United States. If cross-examination is required of
`
`me, I will appear for cross-examination within the United States during the
`
`time allotted for cross-examination.
`
`3
`
`
`
`me, I will appear for cross-examination within the United States during the
`
`time allotted for cross-examination.
`
`8.
`
`I declare that all statements made herein of my own knowledge
`
`are true and that all statements made on information and belief are believed
`
`to be true. I also declare that these statements were made with the
`
`knowledge that willful false statements and the like so made are punishable
`
`by fine or imprisonment, or both, under Section 1001 of Title 18 of the
`
`United States Code and that such willful false statements may jeopardize the
`
`Date
`
`Joseph DeRisi, Ph.D.
`
`4
`
`
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