`
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`1
`
`---------------------------x
`
`AKER BIOMARINE AS, :
`
` Petitioner, :
`
` v. : IPR Case
`
`NEPTUNE TECHNOLOGIES AND : No. 2014-00003
`
`BIORESSOURCES, INC., : Patent 8,278,351
`
` Patent Owner. :
`
`---------------------------x
`
` Videotaped Deposition of BJORN OLE HAUGSGJERD
`
` Chicago, Illinois
`
` Wednesday, May 21, 2014
`
` 8:38 a.m.
`
`Job No.: 58727
`
`Pages: 1 - 231
`
`Reported by: Melanie L. Humphrey-Sonntag,
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`NEPN Ex. 2035
`Aker v. Neptune
`IPR2014-00003
`
`
`
`VIDEOTAPED DEPOSITION OF BJORN OLE HAUGSGJERD
`CONDUCTED ON WEDNESDAY, MAY 21, 2014
`
` Videotaped Deposition of BJORN OLE HAUGSGJERD,
`
`held at the location of:
`
`2
`
` KIRKLAND & ELLIS LLP
`
` 300 North LaSalle Street
`
` Chicago, Illinois 60654
`
` (312) 862-2000
`
` Pursuant to Notice, before Melanie L.
`
`Humphrey-Sonntag, a Certified Shorthand Reporter,
`
`Registered Diplomate Reporter, Certified Realtime
`
`Reporter, and a Notary Public in and for the State of
`
`Illinois.
`
`PLANET DEPOS
`888.433.3767 | WWW.PLANETDEPOS.COM
`
`1
`
`2
`
`3 4 5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`
`
`VIDEOTAPED DEPOSITION OF BJORN OLE HAUGSGJERD
`CONDUCTED ON WEDNESDAY, MAY 21, 2014
`
`3
`
` A P P E A R A N C E S
`
` ON BEHALF OF THE Petitioner:
`
` AMANDA HOLLIS, ESQUIRE
`
` KIRKLAND & ELLIS, LLP
`
` 300 North LaSalle Street
`
` Chicago, Illinois 60654
`
` (312) 862-2000
`
`
`
` ON BEHALF OF THE PATENT OWNER:
`
` LAURA CUNNINGHAM, ESQUIRE, and
`
` JON GRAVES, ESQUIRE
`
` COOLEY, LLP
`
` One Freedom Square, Reston Town Center
`
` 11951 Freedom Drive
`
` Reston, Virginia 20190
`
` (703) 456-8000
`
` ALSO PRESENT:
`
` DANIEL P. MARGOLIS, PhD, ESQUIRE
`
` KENYON & KENYON, LLP
`
` VIRGINIA RYKER, Interpreter; and
`
` PETER PREZZANO, Videographer.
`
`PLANET DEPOS
`888.433.3767 | WWW.PLANETDEPOS.COM
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`
`
`VIDEOTAPED DEPOSITION OF BJORN OLE HAUGSGJERD
`CONDUCTED ON WEDNESDAY, MAY 21, 2014
`
` C O N T E N T S
`
`EXAMINATION OF BJORN OLE HAUGSGJERD PAGE
`
` By Ms. Cunningham 7
`
`4
`
` E X H I B I T S
`
` (Attached to transcript)
`
`HAUGSGJERD DEPOSITION EXHIBIT PAGE
`
`Exhibit 1 Haugsgjerd Declaration Re Patent 28
`
` No. 8,030,348, 10/4/11
`
`Exhibit 2 Haugsgjerd First Supplemental 28
`
` Declaration Re Patent No. 8,030,348,
`
` 4/16/12
`
`Exhibit 3 Haugsgjerd Declaration Re Patent 28
`
` No. 8,278,351, 4/16/12
`
`Exhibit 4 Article on Efficiencies by Xiao, 56
`
` Mjos, and Haugsgjerd
`
`Exhibit 5 Beaudoin I Patent 169
`
`Exhibit 6 Beaudoin II Patent 169
`
`PLANET DEPOS
`888.433.3767 | WWW.PLANETDEPOS.COM
`
`1
`
`2
`
`3
`
`4 5 6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`
`
`VIDEOTAPED DEPOSITION OF BJORN OLE HAUGSGJERD
`CONDUCTED ON WEDNESDAY, MAY 21, 2014
`
` CHICAGO, ILLINOIS; WEDNESDAY, MAY 21, 2014
`
`5
`
` 8:38 A.M.
`
` BJORN OLE HAUGSGJERD
`
` - - -
`
` THE VIDEOGRAPHER: Here begins Disk No. 1
`
` in the video recorded deposition of Bjorn Haugsgjerd, in
`
` the matter of Aker Biomarine versus Neptune Technology
`
` and Bioressources in the United States Patent and
`
` Trademark Office.
`
` Today's date is May 21st, 2014. The time on the
`
` video monitor is 8:38 a.m.
`
` The videographer today is Peter Prezzano,
`
` representing Planet Depos. The video deposition is
`
` taking place at 300 North LaSalle Street in Chicago,
`
` Illinois.
`
` Would counsel please voice-identify themselves
`
` and state who they represent.
`
` MS. CUNNINGHAM: This is Laura Cunningham
`
` of Cooley, LLP, on behalf of Patent Owner Neptune
`
` Technologies.
`
` MR. GRAVES: Jon Graves, also Cooley, LLP,
`
` on behalf of the patent owner.
`
`PLANET DEPOS
`888.433.3767 | WWW.PLANETDEPOS.COM
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`08:37:56
`
`08:37:57
`
`08:38:04
`
`08:38:09
`
`08:38:13
`
`08:38:13
`
`08:38:17
`
`08:38:21
`
`08:38:25
`
`08:38:28
`
`08:38:32
`
`08:38:32
`
`08:38:35
`
`08:38:38
`
`08:38:40
`
`08:38:45
`
`08:38:45
`
`08:38:47
`
`
`
`VIDEOTAPED DEPOSITION OF BJORN OLE HAUGSGJERD
`CONDUCTED ON WEDNESDAY, MAY 21, 2014
`
` MS. HOLLIS: This is Amanda Hollis on
`
` behalf of the petitioner, Aker Biomarine AS.
`
` MR. MARGOLIS: Dan Margolis from Kenyon &
`
` Kenyon representing Enzymotec, Limited.
`
` THE VIDEOGRAPHER: The court reporter today
`
` is Melanie Sonntag, Certified Realtime Reporter,
`
` representing Planet Depos.
`
` Would the -- would the reporter please administer
`
` the oath to the interpreter and witness.
`
` THE COURT REPORTER: Would you raise your
`
` right hand, please.
`
` (Interpreter duly sworn.)
`
` THE COURT REPORTER: And would you also
`
`6
`
`08:38:49
`
`08:38:51
`
`08:38:55
`
`08:38:58
`
`08:39:03
`
`08:39:05
`
`08:39:09
`
`08:39:10
`
`08:39:15
`
`12:01:35
`
` swear the witness.
`
` Would you raise your right hand, please.
`
` (Witness duly sworn.)
`
` THE COURT REPORTER: Thank you.
`
` THE VIDEOGRAPHER: Please proceed.
`
` MS. CUNNINGHAM: Thank you.
`
` Good morning.
`
` THE WITNESS: Good morning.
`
` BJORN OLE HAUGSGJERD,
`
`PLANET DEPOS
`888.433.3767 | WWW.PLANETDEPOS.COM
`
`08:39:48
`
`08:39:48
`
`08:39:52
`
`08:39:53
`
`08:39:54
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`
`
`VIDEOTAPED DEPOSITION OF BJORN OLE HAUGSGJERD
`CONDUCTED ON WEDNESDAY, MAY 21, 2014
`
`7
`
`called as a witness by the patent owner, pursuant to the
`
`rules pertaining to the taking of depositions, having been
`
`duly sworn, was examined and testified as follows:
`
` E X A M I N A T I O N
`
`BY MS. CUNNINGHAM:
`
`Q Please state your full name.
`
`A My name is Bjorn Ole Haugsgjerd.
`
`Q Thank you, Mr. Haugsgjerd, for being here. I apologize
`
` if my pronunciation is a little off.
`
`A Okay.
`
`Q I'll do the best that I can this morning.
`
` Tell me, have you ever been deposed before?
`
`A No. This is my first time.
`
`Q Okay. So I'll just go over a few ground rules for
`
` today.
`
` I'll be asking questions and you'll provide a
`
` response. Your counsel may object from time to time to
`
` my questions, but as long as your counsel instructs --
`
` does not instruct you not to answer, you should go ahead
`
` and answer once your counsel is finished.
`
` We'll also be taking breaks throughout the day
`
` from time to time. If you would like a break, just let
`
`PLANET DEPOS
`888.433.3767 | WWW.PLANETDEPOS.COM
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`08:39:54
`
`08:39:56
`
`08:39:59
`
`08:40:04
`
`08:40:06
`
`08:40:07
`
`08:40:09
`
`08:40:10
`
`08:40:14
`
`08:40:14
`
`08:40:18
`
`08:40:22
`
`08:40:25
`
`08:40:27
`
`08:40:29
`
`08:40:37
`
`
`
`VIDEOTAPED DEPOSITION OF BJORN OLE HAUGSGJERD
`CONDUCTED ON WEDNESDAY, MAY 21, 2014
`
`8
`
` me know. I just ask that you don't -- that we do not
`
` break while I have a question pending.
`
` Also, please make sure that your answers are
`
` audible so that the court reporter can record them as
`
` opposed to nodding or shaking your head --
`
`A Okay.
`
`Q -- an audible answer.
`
` Do you have any questions?
`
`A Not at this point, no.
`
`Q Okay.
`
` Well, I'd also like to say that we appreciate you
`
` traveling here today. We appreciate that you made a
`
` long trip.
`
` Can you tell me, have you -- what did you do to
`
` prepare for your deposition today?
`
`A Today? I have looked through my statements and the
`
` patent documents that my work was based on.
`
`Q Which statements are you referring to?
`
`A I don't know how to describe them by name, but there are
`
` two statements regarding work I did in two different
`
` times.
`
`Q You also mentioned some patent documents.
`
`PLANET DEPOS
`888.433.3767 | WWW.PLANETDEPOS.COM
`
`08:40:39
`
`08:40:41
`
`08:40:43
`
`08:40:46
`
`08:40:50
`
`08:40:52
`
`08:40:53
`
`08:40:54
`
`08:40:55
`
`08:40:58
`
`08:40:58
`
`08:41:04
`
`08:41:06
`
`08:41:07
`
`08:41:10
`
`08:41:13
`
`08:41:22
`
`08:41:30
`
`08:41:37
`
`08:41:53
`
`08:41:57
`
`08:41:57
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`
`
`VIDEOTAPED DEPOSITION OF BJORN OLE HAUGSGJERD
`CONDUCTED ON WEDNESDAY, MAY 21, 2014
`
`9
`
` Can you tell me which documents you're
`
` referring to?
`
`A I'm referring to what has been described as -- as
`
` Sherbrooke 1 and Sherbrooke 2 and, also, a Japanese
`
` patent, Taiyo or Maruyama.
`
`Q I notice you have some documents in front of you.
`
` Are those the documents that you're referring to?
`
`A Yes.
`
`Q Where do you currently work?
`
`A I work in Bergen, Norway.
`
`Q Is that near where you live?
`
`A Yes.
`
`Q And for what organization do you currently work for?
`
`A I work for Nofima.
`
`Q What is Nofima?
`
`A Nofima is a research institute working in -- in food.
`
`Q Any particular type of food, area of food?
`
`A No. Food in the broadest sense. A sort of medium-sized
`
` to large, by Norwegian standards, company working both
`
` in agriculture and, also, seafood, which I am mostly
`
` involved with.
`
`Q What is your current job title?
`
`PLANET DEPOS
`888.433.3767 | WWW.PLANETDEPOS.COM
`
`08:41:59
`
`08:42:01
`
`08:42:02
`
`08:42:12
`
`08:42:18
`
`08:42:22
`
`08:42:24
`
`08:42:27
`
`08:42:27
`
`08:42:35
`
`08:42:38
`
`08:42:40
`
`08:42:41
`
`08:42:44
`
`08:42:48
`
`08:42:50
`
`08:42:55
`
`08:43:01
`
`08:43:08
`
`08:43:12
`
`08:43:18
`
`08:43:19
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`
`
`VIDEOTAPED DEPOSITION OF BJORN OLE HAUGSGJERD
`CONDUCTED ON WEDNESDAY, MAY 21, 2014
`
`A My current job title -- it was very recently changed,
`
`10
`
` after this work.
`
` So my . . . in -- my current title is res- --
`
` just let me think of the English word.
`
` Research scientist, I think, is the correct
`
` title.
`
`Q Could you summarize what your job duties are?
`
`A It's related to matter developments in the laboratory
`
` where I work and quality control.
`
` And project work in food chemistry.
`
`Q Do you work in the lab a lot in connection with
`
` your job?
`
`A I work in the lab, and I also work in my office.
`
`Q What was your previous position at Nofima lab?
`
` What was the title?
`
`A The title was -- I'm not quite sure about the English
`
` title. It's written in the report if I can check it --
`
` in the -- in the statement.
`
`Q Sure.
`
` You know --
`
`A But something like deputy manager of the lab.
`
`Q Deputy manager? Okay.
`
`PLANET DEPOS
`888.433.3767 | WWW.PLANETDEPOS.COM
`
`08:43:22
`
`08:43:29
`
`08:43:29
`
`08:43:47
`
`08:43:49
`
`08:43:58
`
`08:43:58
`
`08:44:07
`
`08:44:21
`
`08:44:24
`
`08:44:33
`
`08:44:37
`
`08:44:40
`
`08:44:44
`
`08:44:49
`
`08:44:51
`
`08:45:05
`
`08:45:09
`
`08:45:10
`
`08:45:10
`
`08:45:14
`
`08:45:18
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`
`
`VIDEOTAPED DEPOSITION OF BJORN OLE HAUGSGJERD
`CONDUCTED ON WEDNESDAY, MAY 21, 2014
`
`11
`
`A I think that's what's in the statement, as well.
`
`Q How were your duties different as deputy manager than
`
` what they are now?
`
`A My duties are -- are the same. So it was a decision in
`
` the company to restructure the use of titles, which
`
` happened just very recently.
`
`Q About when did you become a deputy manager at Nofima?
`
`A That was in 2008.
`
`Q Is that when you started working at Nofima?
`
`A Yes.
`
`Q Where did you work prior to Nofima?
`
`A Prior to Nofima, I was a student, so I finished my
`
` master.
`
`Q So no -- is it correct that Nofima is your only
`
` professional job that you've had?
`
` MS. HOLLIS: Objection; form.
`
`A Nofima is my first job after graduation.
`
`///
`
`BY MS. CUNNINGHAM:
`
`Q Would you tell me what your master's degree is in.
`
`A My master's degree is in -- in nutrition, which is from
`
` the department of biology in the University of Bergen.
`
`PLANET DEPOS
`888.433.3767 | WWW.PLANETDEPOS.COM
`
`08:45:18
`
`08:45:21
`
`08:45:27
`
`08:45:28
`
`08:45:35
`
`08:45:43
`
`08:45:45
`
`08:45:51
`
`08:45:55
`
`08:46:03
`
`08:46:04
`
`08:46:13
`
`08:46:19
`
`08:46:22
`
`08:46:27
`
`08:46:32
`
`08:46:33
`
`08:46:42
`
`08:46:49
`
`08:46:51
`
`08:46:58
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`
`
`VIDEOTAPED DEPOSITION OF BJORN OLE HAUGSGJERD
`CONDUCTED ON WEDNESDAY, MAY 21, 2014
`
`Q Did you have any emphasis on marine studies in your --
`
`12
`
` in your master's program?
`
`A Yes, I did.
`
`Q And what related to marine studies did you do?
`
`A My -- my master thesis was done on extraction of
`
` lipids containing phospholipids from herring eggs or
`
` herring roe.
`
`Q Did you actually perform lipid extractions in connection
`
` with your master's program?
`
`A Yes, I did.
`
`Q About how many extractions did you perform?
`
`A The exact number I cannot quite recall, but I extracted
`
` the lipids using various different solvents.
`
` Yes.
`
`Q Was it more than 10 extractions, do you think?
`
`A Yes, it was more than 10 extractions.
`
`Q More than 20?
`
`A I cannot remember the exact design of my study, but,
`
` from memory, it was just for the -- the design of the
`
` master thesis, it was between 10 and 20, based on
`
` memory.
`
`Q Thank you.
`
`PLANET DEPOS
`888.433.3767 | WWW.PLANETDEPOS.COM
`
`08:47:05
`
`08:47:14
`
`08:47:14
`
`08:47:18
`
`08:47:22
`
`08:47:36
`
`08:47:41
`
`08:47:44
`
`08:48:00
`
`08:48:01
`
`08:48:11
`
`08:48:14
`
`08:48:17
`
`08:48:24
`
`08:48:24
`
`08:48:27
`
`08:48:30
`
`08:48:36
`
`08:48:50
`
`08:48:54
`
`08:49:00
`
`08:49:00
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`
`
`VIDEOTAPED DEPOSITION OF BJORN OLE HAUGSGJERD
`CONDUCTED ON WEDNESDAY, MAY 21, 2014
`
`13
`
` Why were you interested specifically in
`
` extraction of phospholipids?
`
`A This was -- this was a thesis that became available to
`
` me on -- in the master's program, and it was related to
`
` work on the raw material that I mentioned, herring eggs.
`
` And this -- this material does contain large
`
` amounts of phospholipids so . . .
`
`Q Was part of your thesis to design an extraction
`
` procedure that would be -- that would maximize
`
` efficiency specifically for phospholipids?
`
` MS. HOLLIS: Objection to form.
`
` THE WITNESS: Could you rephrase that,
`
` please?
`
` MS. CUNNINGHAM: Sure.
`
`BY MS. CUNNINGHAM:
`
`Q What -- were you investigating how you could develop an
`
` extraction procedure in order to extract phospholipids
`
` more efficiently?
`
`A I made a design to investigate how the yield of lipids,
`
` including phospholipids, was affected by the choice of
`
` solvent.
`
`Q What different solvents did you test?
`
`PLANET DEPOS
`888.433.3767 | WWW.PLANETDEPOS.COM
`
`08:49:01
`
`08:49:03
`
`08:49:20
`
`08:49:24
`
`08:49:31
`
`08:49:37
`
`08:49:43
`
`08:49:49
`
`08:49:53
`
`08:49:56
`
`08:49:59
`
`08:50:02
`
`08:50:03
`
`08:50:04
`
`08:50:05
`
`08:50:06
`
`08:50:10
`
`08:50:15
`
`08:50:21
`
`08:50:30
`
`08:50:34
`
`08:50:35
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`
`
`VIDEOTAPED DEPOSITION OF BJORN OLE HAUGSGJERD
`CONDUCTED ON WEDNESDAY, MAY 21, 2014
`
`14
`
`A I will try to remember.
`
` I used methanol, ethanol, isopropanol or also
`
` called 2-propanol.
`
` I used acetone, methyl ethyl ketone, ethyl
`
` acetate, and hexane.
`
`Q What did you conclude about what a good solvent choice
`
` was to extract phospholipids?
`
`A Among the most efficient solvents, methanol and
`
` ethanol were -- yeah -- were among the most efficient
`
` solvents --
`
`Q In --
`
`A -- in this -- in this setting, which was on -- on one
`
` particular set of samples -- or one particular type of
`
` samples, which was freeze-dried herring roe.
`
`Q So am I understanding correctly that you found using
`
` different solvents would affect the composition of your
`
` extract?
`
`A Yes, I did.
`
`Q Did you experiment with any other parameters of the
`
` extraction technique besides solvent choice?
`
`A My focus was on choice of solvent and, also, mixtures of
`
` the mentioned solvents.
`
`PLANET DEPOS
`888.433.3767 | WWW.PLANETDEPOS.COM
`
`08:50:38
`
`08:50:40
`
`08:50:47
`
`08:50:50
`
`08:50:58
`
`08:51:08
`
`08:51:11
`
`08:51:27
`
`08:51:37
`
`08:51:40
`
`08:51:43
`
`08:51:44
`
`08:51:50
`
`08:51:55
`
`08:52:03
`
`08:52:06
`
`08:52:12
`
`08:52:13
`
`08:52:17
`
`08:52:24
`
`08:52:30
`
`08:52:37
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`
`
`VIDEOTAPED DEPOSITION OF BJORN OLE HAUGSGJERD
`CONDUCTED ON WEDNESDAY, MAY 21, 2014
`
`Q Any other aspect of the extraction procedure?
`
` MS. HOLLIS: Objection; form.
`
`A The solvent and solvent mixtures were the main design
`
`15
`
` parameters in my design.
`
`///
`
`BY MS. CUNNINGHAM:
`
`Q What was the extraction procedure -- could you summarize
`
` it for me? -- that you used in your master's thesis
`
` experiments?
`
`A Yes, I can try.
`
` I may not remember the full details. It's a
`
` while ago.
`
` But a portion of the dried herring eggs were
`
` extracted with a defined volume of solvent for a given
`
` time. The solvent was separated from the solid material
`
` by filtration.
`
` And the solvent containing extracted lipids was
`
` evaporated using a rotary evaporator, which left me with
`
` a lipid material after evaporation.
`
`Q Under what temperature was the rotary evaporation
`
` performed?
`
`A As far as I can remember, it was in the range of
`
`PLANET DEPOS
`888.433.3767 | WWW.PLANETDEPOS.COM
`
`08:52:43
`
`08:52:46
`
`08:52:46
`
`08:53:04
`
`08:53:14
`
`08:53:29
`
`08:53:51
`
`08:53:55
`
`08:54:05
`
`08:54:06
`
`08:54:10
`
`08:54:10
`
`08:54:21
`
`08:54:36
`
`08:54:43
`
`08:54:45
`
`08:54:58
`
`08:55:07
`
`08:55:17
`
`08:55:19
`
`08:55:25
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`
`
`VIDEOTAPED DEPOSITION OF BJORN OLE HAUGSGJERD
`CONDUCTED ON WEDNESDAY, MAY 21, 2014
`
`16
`
` 40 degrees.
`
`Q Celsius?
`
`A Celsius.
`
`Q Did you experiment with using different temperatures for
`
` the rotary evaporation step?
`
` MS. HOLLIS: I'm going to object on
`
` relevance and outside the scope.
`
`A I cannot recall at this point.
`
`BY MS. CUNNINGHAM:
`
`Q If you had used a different temperature during a rotary
`
` evaporation step, would you expect that might have
`
` influenced your extract?
`
` MS. HOLLIS: Objection; relevance, outside
`
` the scope.
`
`A I would not expect the -- the extracted lipids to -- can
`
` you re- -- repeat your question?
`
`BY MS. CUNNINGHAM:
`
`Q Had you used a different temperature other than 40 C, do
`
` you think that may have influenced the composition of
`
` the resulting extract?
`
`A No, I do not think that would have affected the
`
` composition.
`
`PLANET DEPOS
`888.433.3767 | WWW.PLANETDEPOS.COM
`
`08:55:32
`
`08:55:35
`
`08:55:36
`
`08:55:37
`
`08:55:42
`
`08:55:47
`
`08:55:48
`
`08:56:06
`
`08:56:08
`
`08:56:16
`
`08:56:19
`
`08:56:22
`
`08:56:25
`
`08:56:26
`
`08:56:27
`
`08:56:54
`
`08:56:57
`
`08:57:00
`
`08:57:03
`
`08:57:07
`
`08:57:08
`
`08:57:12
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`
`
`VIDEOTAPED DEPOSITION OF BJORN OLE HAUGSGJERD
`CONDUCTED ON WEDNESDAY, MAY 21, 2014
`
`Q What if the temperature had been 60 C?
`
` MS. HOLLIS: Objection; relevance, outside
`
`17
`
` the scope.
`
`A As I mentioned, I did not investigate this in my thesis.
`
`BY MS. CUNNINGHAM:
`
`Q Based on your knowledge, do you think a higher
`
` temperature, such as 60 C, might have influenced the
`
` composition of the resulting extract?
`
` MS. HOLLIS: Objection; relevance, outside
`
` the scope.
`
`A I -- I would have to give that more consideration.
`
`BY MS. CUNNINGHAM:
`
`Q What was the pressure that you applied when performing
`
` the rotary evaporation?
`
`A The pressure depends on which solvent is being used.
`
`Q Why?
`
`A Different solvents have different properties, which may
`
` need different pressure.
`
`Q Can you explain what you mean by they "may need
`
` different pressure"?
`
` MS. HOLLIS: Objection; outside the scope.
`
`A Different solvents have different boiling temperatures,
`
`PLANET DEPOS
`888.433.3767 | WWW.PLANETDEPOS.COM
`
`08:57:18
`
`08:57:21
`
`08:57:23
`
`08:57:23
`
`08:57:33
`
`08:57:35
`
`08:57:37
`
`08:57:41
`
`08:57:43
`
`08:57:44
`
`08:57:45
`
`08:57:55
`
`08:58:16
`
`08:58:18
`
`08:58:22
`
`08:58:40
`
`08:58:43
`
`08:58:46
`
`08:58:49
`
`08:58:56
`
`08:58:58
`
`08:59:00
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`
`
`VIDEOTAPED DEPOSITION OF BJORN OLE HAUGSGJERD
`CONDUCTED ON WEDNESDAY, MAY 21, 2014
`
`18
`
` for instance.
`
`BY MS. CUNNINGHAM:
`
`Q Why did you select 40 C as the temperature at which to
`
` perform the rotary evaporation?
`
`A Because this is a sufficient and suitable temperature.
`
`Q Sufficient for what?
`
`A For the purpose of evaporating off the solvent.
`
`Q About how long did you have to perform that evaporation
`
` to remove the solvent?
`
`A That would depend on the type of solvent and, also, the
`
` volume of solvent to be -- to be evaporated.
`
`Q What was the approximate range of time across the
`
` different solvents that you tested?
`
`A At the moment I cannot remember the exact volume that
`
` was evaporated, as I cannot also remember the time of
`
` evaporation.
`
`Q Would it have been more than 30 minutes?
`
` MS. HOLLIS: Objection to form, outside the
`
` scope.
`
`A I cannot remember at this point.
`
`BY MS. CUNNINGHAM:
`
`Q Based on your knowledge, do you think -- would you
`
`PLANET DEPOS
`888.433.3767 | WWW.PLANETDEPOS.COM
`
`08:59:10
`
`08:59:14
`
`08:59:17
`
`08:59:20
`
`08:59:29
`
`08:59:33
`
`08:59:34
`
`08:59:38
`
`08:59:43
`
`08:59:49
`
`08:59:54
`
`08:59:56
`
`09:00:01
`
`09:00:03
`
`09:00:11
`
`09:00:15
`
`09:00:17
`
`09:00:19
`
`09:00:25
`
`09:00:33
`
`09:00:36
`
`09:00:37
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`
`
`VIDEOTAPED DEPOSITION OF BJORN OLE HAUGSGJERD
`CONDUCTED ON WEDNESDAY, MAY 21, 2014
`
` expect that it would take more than 30 minutes?
`
` MS. HOLLIS: Objection to form, outside the
`
`19
`
` scope.
`
`A Again, it would depend on the volume and, also, the type
`
` of solvent.
`
`BY MS. CUNNINGHAM:
`
`Q When you were performing that work in the lab and
`
` you're -- you have your sample in front of you, how do
`
` you know when you have performed the evaporation for
`
` long enough?
`
` MS. HOLLIS: Objection to form, outside the
`
` scope.
`
` THE WITNESS: You are still referring to my
`
` master's thesis work?
`
` MS. CUNNINGHAM: Yes.
`
`A The main thing to monitor is the rate at which solvent
`
` is being condensed on the condenser side in this rotary
`
` evaporator.
`
`BY MS. CUNNINGHAM:
`
`Q What would that condensation look like when enough
`
` solvent has been evaporated?
`
`A Initially the -- the condensing -- or the condensed
`
`PLANET DEPOS
`888.433.3767 | WWW.PLANETDEPOS.COM
`
`09:00:40
`
`09:00:42
`
`09:00:44
`
`09:00:48
`
`09:00:56
`
`09:00:57
`
`09:00:59
`
`09:01:03
`
`09:01:05
`
`09:01:07
`
`09:01:09
`
`09:01:12
`
`09:01:14
`
`09:01:16
`
`09:01:18
`
`09:01:18
`
`09:01:49
`
`09:01:56
`
`09:02:05
`
`09:02:09
`
`09:02:13
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`
`
`VIDEOTAPED DEPOSITION OF BJORN OLE HAUGSGJERD
`CONDUCTED ON WEDNESDAY, MAY 21, 2014
`
` solvent would be dripping rapidly. And towards the end
`
` the dripping of solvent would -- would slow down, and
`
` evaporation was stopped when the dripping would -- would
`
`20
`
` cease.
`
`Q So when the dripping ceased, you would know that enough
`
` evaporation had occurred?
`
` MS. HOLLIS: I'm going to object to form,
`
` outside the scope.
`
`A I'm trying to remember exactly how this was done. It's
`
` a while ago, so I may not remember the -- the exact
`
` details.
`
` But I think that was the criteria that was used.
`
`BY MS. CUNNINGHAM:
`
`Q Other than condensation, were there any other visual
`
` cues that you would look for to see when enough solvent
`
` had been removed?
`
` MS. HOLLIS: Objection to form, outside the
`
` scope.
`
`A As I said, I cannot remember at the moment.
`
`///
`
`BY MS. CUNNINGHAM:
`
`Q Do you remember if there were any other visual cues that
`
`PLANET DEPOS
`888.433.3767 | WWW.PLANETDEPOS.COM
`
`09:02:20
`
`09:02:29
`
`09:02:40
`
`09:02:44
`
`09:02:47
`
`09:02:55
`
`09:04:05
`
`09:04:07
`
`09:04:09
`
`09:04:23
`
`09:04:31
`
`09:04:31
`
`09:04:36
`
`09:04:39
`
`09:04:44
`
`09:04:48
`
`09:04:56
`
`09:04:58
`
`09:04:59
`
`09:05:12
`
`09:05:18
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`
`
`VIDEOTAPED DEPOSITION OF BJORN OLE HAUGSGJERD
`CONDUCTED ON WEDNESDAY, MAY 21, 2014
`
`21
`
` you looked for?
`
` MS. HOLLIS: Objection to form.
`
`A As I said, I cannot remember the exact details.
`
`BY MS. CUNNINGHAM:
`
`Q For example, would you have looked to see if there was
`
` visible water on the surface of the oil?
`
` MS. HOLLIS: Objection to form, outside the
`
` scope.
`
`A In this particular context, I . . . I worked with dry
`
` sample material and added no water to the extraction,
`
` so I would not be looking for water because there
`
` were . . . little water presence.
`
`BY MS. CUNNINGHAM:
`
`Q Did you measure how much water was in the dried herring
`
` egg before you performed the extraction?
`
`A Yes.
`
`Q Why?
`
`A To confirm that the freeze-drying was sufficient.
`
`Q Can you explain what you mean by "sufficient"?
`
` MS. HOLLIS: Objection to form, outside the
`
` scope.
`
`A By "sufficient," I mean that the material was as dry as
`
`PLANET DEPOS
`888.433.3767 | WWW.PLANETDEPOS.COM
`
`09:05:24
`
`09:05:25
`
`09:05:26
`
`09:05:30
`
`09:05:31
`
`09:05:34
`
`09:05:46
`
`09:05:49
`
`09:05:49
`
`09:06:02
`
`09:06:05
`
`09:06:11
`
`09:06:13
`
`09:06:16
`
`09:06:19
`
`09:06:21
`
`09:06:21
`
`09:06:24
`
`09:06:32
`
`09:06:35
`
`09:06:37
`
`09:06:37
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`
`
`VIDEOTAPED DEPOSITION OF BJORN OLE HAUGSGJERD
`CONDUCTED ON WEDNESDAY, MAY 21, 2014
`
` one could expect it to be using the technique of
`
`22
`
` freeze-drying.
`
`BY MS. CUNNINGHAM:
`
`Q If the freeze-drying hadn't worked properly so you had
`
` more water than you would expect, how would that
`
` influence your extraction?
`
` MS. HOLLIS: Objection; outside the scope,
`
` relevance.
`
`A Well, my design was based on working with freeze-dried
`
` material. So as long as the material was freeze-dried,
`
` that was sufficient for the purpose.
`
`BY MS. CUNNINGHAM:
`
`Q If the freeze-drying had not been effective and you
`
` still had -- you had more water than you would expect in
`
` your sample, how would that have affected your
`
` extraction?
`
` MS. HOLLIS: Objection; form, outside the
`
` scope, relevance.
`
`A If the sample material was not freeze-dried
`
` completely -- completely I would not have proceeded with
`
` this work.
`
`BY MS. CUNNINGHAM:
`
`PLANET DEPOS
`888.433.3767 | WWW.PLANETDEPOS.COM
`
`09:06:50
`
`09:06:52
`
`09:06:54
`
`09:06:58
`
`09:07:01
`
`09:07:03
`
`09:07:05
`
`09:07:08
`
`09:07:08
`
`09:07:19
`
`09:07:23
`
`09:07:29
`
`09:07:30
`
`09:07:37
`
`09:07:41
`
`09:07:44
`
`09:07:45
`
`09:07:47
`
`09:07:47
`
`09:07:58
`
`09:08:02
`
`09:08:02
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`
`
`VIDEOTAPED DEPOSITION OF BJORN OLE HAUGSGJERD
`CONDUCTED ON WEDNESDAY, MAY 21, 2014
`
`Q Why not?
`
`A Because my -- I defined my work to be based on freeze-
`
`23
`
` dried material.
`
`Q Why did you choose that?
`
` MS. HOLLIS: Objection; outside the scope,
`
` relevance.
`
`A Freeze-drying is a technique of drying by electrical and
`
` other materials, which is one of several techniques
`
` available.
`
` I chose to use this one.
`
`BY MS. CUNNINGHAM:
`
`Q Why?
`
` MS. HOLLIS: Objection; outside the scope,
`
` relevance.
`
`A It removes water efficiently.
`
`BY MS. CUNNINGHAM:
`
`Q You didn't want to work with fresh herring egg in your
`
` extraction?
`
`A No. And this -- this is -- I wanted to work with dry
`
` materials.
`
`Q Why?
`
` MS. HOLLIS: Objection; outside the scope,
`
`PLANET DEPOS
`888.433.3767 | WWW.PLANETDEPOS.COM
`
`09:08:03
`
`09:08:04
`
`09:08:10
`
`09:08:11
`
`09:08:13
`
`09:08:14
`
`09:08:15
`
`09:08:27
`
`09:08:33
`
`09:08:35
`
`09:08:36
`
`09:08:37
`
`09:08:39
`
`09:08:40
`
`09:08:42
`
`09:08:51
`
`09:08:52
`
`09:08:55
`
`09:08:56
`
`09:09:02
`
`09:09:03
`
`09:09:03
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`
`
`VIDEOTAPED DEPOSITION OF BJORN OLE HAUGSGJERD
`CONDUCTED ON WEDNESDAY, MAY 21, 2014
`
` form, relevance.
`
` Can you explain how this line of questioning is
`
`24
`
` relevant and within the scope?
`
` THE WITNESS: So you asked why?
`
`BY MS. CUNNINGHAM:
`
`Q Yeah. Why did you prefer to start with the freeze-dried
`
` material as opposed to fresh material for your -- your
`
` thesis tests?
`
`A Working with freeze-dried material has some benefits
`
` here.
`
` Then I could standardize my sample material and
`
` easily make several portions to work with, which were
`
` homogenous. And, also, I planned to use solvents which
`
` are not readily mixable with water.
`
` So those are the main considerations.
`
`Q Those are the reasons why you wanted to start with a
`
` sample that had low water content?
`
` MS. HOLLIS: Objection; outside the scope,
`
` relevance.
`
`A Yes, those were the main considerations.
`
`BY MS. CUNNINGHAM:
`
`Q You mentioned that you tested a variety of different
`
`PLANET DEPOS
`888.433.3767 | WWW.PLANETDEPOS.COM
`
`09:09:05
`
`09:09:06
`
`09:09:08
`
`09:09:17
`
`09:09:18
`
`09:09:19
`
`09:09:22
`
`09:09:24
`
`09:09:38
`
`09:09:55
`
`09:09:55
`
`09:09:58
`
`09:10:05
`
`09:10:12
`
`09:10:18
`
`09:10:25
`
`09:10:28
`
`09:10:30
`
`09:10:32
`
`09:10:37
`
`09:10:43
`
`09:10:46
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`
`
`VIDEOTAPED DEPOSITION OF BJORN OLE HAUGSGJERD
`CONDUCTED ON WEDNESDAY, MAY 21, 2014
`
`25
`
` solvents.
`
`A Uh-huh.
`
`Q Did you test using chloroform as a solvent?
`
`A Chloroform was not included in my study.
`
`Q What about methanol?
`
`A Methanol was included.
`
`Q Why didn't you use chloroform?
`
` MS. HOLLIS: Objection; relevance, outside
`
` the scope.
`
`A I chose my solvents based on the solvents that are
`
` allowed for the production of fats and oils in Norway.
`
`BY MS. CUNNINGHAM:
`
`Q When you say "allowed," do you mean allowed for use in
`
` consumer products?
`
` MS. HOLLIS: Objection; outside the scope,
`
` relevance.
`
`A I referred to -- to Norwegian --
`
` THE WITNESS: Can I ask my translator?
`
` (Discussion off the record.)
`
` THE INTERPRETER: "Statutes. Regulations."
`
` THE WITNESS: Yes.
`
`A (Continuing.) So Norwegian laws, statutes, and
`
`PLANET DEPOS
`888.433.3767 | WWW.PLANETDEPOS.COM
`
`09:10:51
`
`09:10:51
`
`09:10:52
`
`09:10:57
`
`09:10:59
`
`09:11:00
`
`09:11:02
`
`09:11:06
`
`09:11:08
`
`09:11:11
`
`09:11:23
`
`09:11:35
`
`09:11:39
`
`09:11:40
`
`09:11:42
`
`09:11:49
`
`09:12:00
`
`09:12:02
`
`09:12:05
`
`09:12:08
`
`09:12:08
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8