UNITED STATES INTERNATIONAL TRADE COMMISSION
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`Page
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`WASHINGTON, D.C.
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`-
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`IN THE MATTER OF CERTAIN :
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`OMEGA-3 EXTRACTS FROM
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`MARINE OR AQUATIC BIOMASS : (cid:9)INVESTIGATION NO:
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`AND PRODUCTS CONTAINING (cid:9)337-TA-877
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`THE SAME,
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`Videotaped Deposition of JACEK JACZYNSKI, PH.D.
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`Washington, D.C.
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`Tuesday, October 15, 2013
`
`9:00 a.m.
`
`Reported by:
`
`Cassandra E. Ellis
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`Ref. No.: 10545
`
`EXME,
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`TransPerfect Legal Solutions
`212-400-8845 (cid:9)Depo@TransPerfect.com
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`1 (cid:9) AKBM 1093
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`Deposition of JACEK JACZYNSKI, PH.D., held at
`the offices of:
`
`COOLEY LLP
`1299Termsylvania Avenue, Northwest
`Suite 700
`Washington, DC 20004
`(202) 842-7800
`
`Pursuant to agreement, before Cassandra E. Ellis,
`Registered Professional Reporter and Notary Public of
`The District of Columbia.
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`Page 3
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`APPEARANCES
`ON BEHALF OF COMPLAINANTS NEPTUNE TECHNOLOGIES;
`BIORESOURCES AND ACASTI PHARMA:
`JONATHAN GRAVES, ESQUIRE
`LAURA J. CUNNINGHAM, ESQUIRE
`COOLEY, LLP
`One Freedom Square
`Reston Town Center
`11951 Freedom Drive
`Reston, Virginia 20190
`(703)456-8119
`Jgraves@cooley.com
`Lcunningham@cooley.com
`
`ON BEHALF OF RESPONDENTS AKER:
`AMANDA HOLLIS, ESQUIRE
`MARK PALS, ESQUIRE
`KIRKLAND & ELLIS, LLP
`300 North LaSalle Street
`Chicago, Illinois 60654
`(312) 862-2011
`Amanda.hollis@kirkland.com
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`APPEARANCES CONTINUED
`ON BEHALF OF RESPONDENTS ENZYMOTEC:
`ELIZABETH HOLLAND, ESQUIRE
`KENYON & KENYON, LLP
`One Broadway
`New York, NY 10004-1007
`(202) 908-6307 (cid:9) —
`Ehollandlakenyon.com
`
`ALSO PRESENT: Joseph Ellis, CLVS
`Edward Braekke
`
`CONTENTS
`EXAMINATION OF JACEK JACZYNSKI, PH.D. (cid:9)PAGE
`By Ms. Hollis (cid:9) 8
`
`P a g e 5
`
`EXHIBITS
`(Attached to the Transcript)
`JACEK JACZYNSKI, PH.D. Deposition Exhibit (cid:9)PAGE
`Exhibit 1 (cid:9)CV ofJacek Jaczynski (cid:9)26
`Exhibit 2 (cid:9)United States Patent Number (cid:9)42
`7,763,717 dated 7/27/2010
`Exhibit 3 (cid:9)United States Patent Number (cid:9)49
`8,278,351 dated 10/2/2012
`Exhibit 4 (cid:9)Drawing (cid:9) 55
`Exhibit 5 (cid:9)Rebuttal Expert Report ofJacek (cid:9)127
`Jaczynski Regarding Validity of The
`Patents-in-Suit
`Exhibit 6 (cid:9)Patent Application Bates Stamped (cid:9)150
`AKER877ITC00118795 - 837
`Exhibit 7 (cid:9)Lipids Bates Stamped (cid:9)154
`AKER877ITC00070198 - 206
`Exhibit 8 (cid:9)Patent Cooperation Treaty Bates (cid:9)168
`Stamped NEP877ITC-00005782 - 835
`Exhibit 9 (cid:9)Canadian Demandc-Application (cid:9)183
`Bates Stamped NEP877ITC-00004087 - 124
`
`TransPerfect Legal Solutions
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`2 (Pages 2 to 5)
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`EXHIBITS (cid:9)CONTINUED
`(Attached to the Transcript)
`JACEK JACZYNSKI, PH.D. Deposition Exhibit (cid:9)PAGE
`Exhibit 10 (cid:9)Data on Oil Produced, Purified and (cid:9)195
`Reprocessed Bates Stamped
`NEP8771TC-00395104 - 131
`Exhibit 11 (cid:9)Journal of Lipid Research Article: (cid:9)207
`Blood compartmental metabolism of
`Docosahexaenoic acid (DHA) in humans after
`Ingestion of a single dose of [ 13 C]DHA in
`Phosphatidylcholine
`Exhibit 12 Patent Cooperation Treaty WO (cid:9)250
`97/39759 Bates Stamped
`AKER877ITC00491551 - 564
`Exhibit 13 (cid:9)Research & Development for (cid:9)252
`Processing and Usage of Marine Products
`Comprehensive Report March 1985
`Japanese/English Translated Document
`Bates Stamped A.KER877ITC00803100 - 163
`Exhibit 14 Expert Report of Dr. Jacek (cid:9)277
`Jaczynski Regarding Infringement By
`The Respondents and Complainants
`Domestic Industry
`
`Page 7
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`PROCEEDINGS
`THE VIDEOGRAPHER: Good morning. This is
`the beginning of disc number one in the deposition of
`Jacek -- Jacek Jaczynski, talcen in the matter of
`Certain Omega-3 Extracts from Marine Biomass and
`Products Containing Same, with an Investigation Number
`337-TA-877. Today's date is October 15th, 2013, and
`the time on the monitor is 9:09 a.m. My name is
`Joseph Ellis, I am the videographer, the court
`reporter is Cassandra Ellis, and we are here with
`Transperfect Legal Solutions. If counsel would please
`introduce yourselves, and whom you represent, after
`which the court reporter will swear in the witness and
`we may proceed.
`MS. HOLLIS: This is Amanda Hollis, from
`Kirkland and Ellis, represent the Aker respondents,
`with me is Mark Pals and Edward Braekke.
`MR. GRAVES: Jonathan Graves, from Cooley,
`LLP, representing the complainants and the witness.
`MS. HOLLAND: Elizabeth Holland, of Kenyon
`and Kenyon, representing the Enzymotec respondents.
`MR. GRAVES: Also with me is Laura
`Cunningham, from Cooley, LLP, for complainants and the
`witness.
`
`JACEK JACZYNSK1, PH.D.
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`having been first duly sworn, testified as follows:
`EXAMINATION BY COUNSEL FOR RESPONDENT AKER
`BY MS. HOLLIS:
`Q (cid:9)Good morning, Dr. Jaczynski.
`
`A (cid:9)Good morning.
`
`Q (cid:9)Have you ever been deposed before?
`A (cid:9)No, I have not.
`Q (cid:9)Have you ever been involved in any
`
`litigation, at all?
`A (cid:9)Define involvement, please.
`Q (cid:9)Have you ever been a witness in any
`litigation before?
`A (cid:9)No, I have not.
`Q (cid:9)Have you ever been involved in a litigation
`
`under any meaning of involved?
`MR. GRAVES: Objection, vague and
`ambiguous.
`A (cid:9)I'm still confused about your term
`"involved".
`Q (cid:9)Well, what connection have you ever had to
`
`a litigation?
`A (cid:9)I was -- I was asked to review certain do-
`-- in this litigation I was asked to review certain
`documents and -- and provide opinions.
`
`Q (cid:9)This litigation, meaning this ITC case in
`
`Page 9
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`which you're being deposed right now'?
`A (cid:9)Correct.
`Q (cid:9)Okay. Other than this case have you ever
`been connected or involved in a litigation?
`A (cid:9)No, I have not.
`Q (cid:9)How long did you prepare for today's
`deposition?
`A (cid:9)For the deposition, itself?
`Q Yes.
`A (cid:9)That's your question?
`Q Yes.
`A Okay. Based on my best memou I would
`estimate about two weeks, meaning I — I reviewed some
`reports and relevant literature.
`Q (cid:9)And did you meet with your counsel'?
`A (cid:9)Yes, I did. Yes, I did.
`Q (cid:9)Which attorneys did you meet with?
`A (cid:9)John, Laura, and Adam.
`Q (cid:9)Anyone else?
`A (cid:9)Also, on the phone. Scott.
`Q (cid:9)Scott who?
`A (cid:9)Sukenick.
`Q Okay.
`A (cid:9)John Graves, Laura Cunningham, Adam Suppes,
`Suppes, Suppes.
`
`3 (Pages 6 to 9)
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`Q (cid:9)Have you ever spoken to anyone at Neptune?
`A (cid:9)Yes, I did.
`Q Who?
`A (cid:9)It was on the phone, a really brief
`discussion. You're asking me to remember names and I
`believeitwas Dr.. SampalisJ believe. It was some
`other person on the phone, but I was about -- I'm
`going to -- my best estimate, that was about, I
`believe, 2003.
`Q 2003?
`A (cid:9)Correct.
`Q (cid:9)Other than --
`A (cid:9)I didn't say it was, perhaps it was.
`Q (cid:9)Okay. Other than possibly Dr. Sampalis,
`who else, if anyone, have you spoken with at Neptune?
`A There was a second person on the phone, but
`I really cannot recall even their first name. I know
`it was a male, that's all I know.
`And I believe it was just one phone call,
`early on.
`Q Do you under- -- do you have any
`understanding as to whether that second person was at
`Neptune?
`A (cid:9)We just called in with my colleague at
`work, and we were together on the phone, and then I
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`Page 11
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`think we just reached a receptionist and she patched
`us through to who I believe Dr. Sampalis was, but I
`can't remember if she really identified herself. I
`think we just assumed that was her. But I -- and,
`again, it was a long time ago.
`Q Why were you communicating with Neptune
`back then?
`A Because we wanted to initiate research on
`krill, and that was really our intent, to -- to obtain
`research quantity of sample of krill oil, and I
`believe, back then, that was the only company who --
`who would be -- who was available, really, to -- to
`provide krill oil.
`Q Did you --
`A (cid:9)I just learned about it, I don't know,
`probably int- -- internet search, so it's a -- just a
`name that came up, and then we just found a phone
`number, we called in, and I believe receptionist just
`patched us through.
`Now, I really cannot, again, it's at least
`10 years, I believe 10 years ago, and, you know, I've
`made several phone calls with different people, and I
`believe that was Dr. Sampalis. But again, I can't
`remember whether or not she identified herself as
`such, I just assumed, and my colleague, I believe she
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`assumed, as well, that it was probably Dr. Sampalis.
`Q (cid:9)Did Neptune assist you with getting krill
`for your research?
`A (cid:9)No, they did not.
`Q (cid:9)Has Neptune ever provided any assistance to
`you whatsoever?
`- MR.—GRAVE:5: - ObjeCti on, vague arid
`ambiguous.
`A (cid:9)Assistance, you mean -- would you define
`assistance?
`Q (cid:9)Assistance in any of your work or research.
`A In my work? Meaning --
`Q Yes.
`A (cid:9)How -- how would you define my research and
`work?
`Q (cid:9)Your -- let's say your work outside of this
`litigation.
`A (cid:9)Professional work, as associated with the
`university?
`Q Tell you what, has Neptune ever provided
`you any assistance, whatsoever, outside of this
`litigation?
`A (cid:9)Could you define assistance, again, please?
`Q (cid:9)Is there a meaning of assistance that would
`include something Neptune has done for you?
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`Page 13
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`MR. GRAVES: Objection, vague and
`ambiguous.
`A (cid:9)I -- I'm still unclear about your
`definition of assistance. In simple terms, please?
`Q What don't you understand about the word
`assistance?
`A (cid:9)Like CPR would be assistance that I would
`consider. If I'm at work, and I fall and faint,
`someone would assist me to resuscitate me with CPR,
`that -- that's really what came up to my mind right
`away.
`Q (cid:9)Okay. And in a broad sense has Neptune
`provided you any assistance outside of this
`litigation?
`A No, they did not. The only connection I
`had with Neptune, to my recollection, that was the
`only phone call that I had, and, really, that was the
`only time that we -- and we -- I believe they --
`because we really requested a sample of krill oil and
`they, I'm not sure who, but someone from Neptune sent
`us -- sent us a bunch of forms to fill out. And we
`tried our best, we filled out, we gave it lot of time,
`and so on, but then we sent those forms in, and
`nothing happened, so we just kind of quit.
`Q (cid:9)Was that your only connection to Neptune
`
`4 (Pages 10 to 13)
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`prior to this litigation and the reexamination of the
`'348 patent?
`A (cid:9)Based on my recollection, to the best of my
`knowledge and memoiy, I would say yes. You see, you
`-- you have to realize, I -- I work with quite a few
`companies, and I have lot of students I teach, I do
`researell, so you're aging me ro remember a Matt
`that I just, to the best of my recollection, I would
`like to emphasize that.
`Q (cid:9)Prior to 2003, had you ever received krill
`or krill oil?
`A (cid:9)Now you throw in krill, so it's not just
`krill oil. (cid:9)So I - I'm thinking, krill oil we'd -- I
`would say we did not receive krill oil. And for sure
`we never received krill oil from Neptune.
`Now, when you're asking about krill, I
`believe - again, you're asking me to remember, and
`I'll try my best, I'm sure we have krill right now, in
`our freezers. We have freeze-dried krill, blocks of
`krill, but 2000 -- did you say 2- -- 2003?
`Q Yes.
`A (cid:9)I -- I really cannot remember, maybe, maybe
`not, this is really vague recollection, maybe, maybe,
`if you can pinpoint -- if you can pinpoint the
`specific -- is there a paper that we wrote, perhaps,
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`that would -- and I -- I - I'm trying my best. I
`cannot remember.
`Q (cid:9)What is your area of expertise?
`A Food science with emphasis on seafood
`science.
`Q (cid:9)When is the first time you did research on
`krill?
`A (cid:9)On krill? Again, I have a hard time
`understanding your term of research. Would you
`elaborate on research, itself?
`Q (cid:9)When is the first time you ever worked on
`krill?
`A (cid:9)Like reading papers or actually using krill
`in the lab with extractions or purifications?
`Q (cid:9)Actually using krill for anything.
`A For anything?
`Q Yes.
`A (cid:9)As, for example, reading papers and doing
`my own research, would that include research, under
`your term?
`Q My question was, when did you first work
`with krill?
`A (cid:9)Again, I'm confused about the term "work".
`Q You don't understand the word work?
`A (cid:9)I -- I do, but perhaps your term work may
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`not exactly overlap with how I understand work,.for
`me, work with krill would include reading papers.
`Q (cid:9)Okay.
`A (cid:9)With -- with the subject krill,
`Q (cid:9)Okay. With your understanding of the word
`work when is the first time you worked on krill?
`-A- Again,1 would -estimaTh - I- would at-Wale-
`around '97, '98.
`Q (cid:9)And in your definition of the term work
`you're including reading papers of krill?
`A (cid:9)Correct. Correct.
`Q (cid:9)When is the first time you worked with
`krill, the animal?
`A (cid:9)Again, you're asking me to remember, as in
`the lab?
`Q (cid:9)Yes.
`A (cid:9)Okay. I believe we did it first with my
`post-doe, Dr. Chen, that was probably early 2003, oh,
`there you go, that's probably when we got our first
`block of kril J.
`Q (cid:9)Are you an expert in mass spectometry?
`A (cid:9)Not necessarily.
`Q (cid:9)Are you an expert in marketing?
`MR. GRAVES: Objection, vague and
`ambiguous.
`
`Page 17
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`A (cid:9)Marketing as in?
`Q (cid:9)Marketing of products?
`MR. GRAVES: Objection, vague and
`ambiguous.
`A (cid:9)Products meaning krill?
`Q (cid:9)Any kind of products, nutraceutical
`products, pharmaceutical products, consumer products?
`MR. GRAVES: Same objection.
`A (cid:9)I don't really market anything, really, to
`be honest to you.
`Q (cid:9)So no?
`A (cid:9)Not necessarily.
`Q (cid:9)When you say "not necessarily" do you mean
`
`no?
`
`A (cid:9)I mean not necessarily.
`Q (cid:9)What do you mean by not necessarily?
`A (cid:9)It's just not necessarily.
`Q (cid:9)Has anyone besides Neptune hired you as a
`consultant?
`A (cid:9)Again, you're asking me to remember. And
`consultant meaning being paid for certain work outside
`of the university?
`Q (cid:9)Yes.
`A (cid:9)Is that your -- that's what you mean by
`consultant?
`
`5 (Pages 14 to 17)
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`Q (cid:9)Yes.
`A (cid:9)Based on my recollection, I did some work
`with a mushroom company that was related to food
`safety and microbiology.
`Q Other than the mushroom company and Neptune
`has anyone else hired you as a consultant?
`A As a commercial company? Anyone else?
`Q (cid:9)I said anyone.
`A (cid:9)Anyone else? I consulted with IFT, but
`that was unpaid, really volunteer basis, I do all the
`time. And again, how do you define consultant,
`really, is it providing my services, my knowledge?
`Q What is IFT?
`A (cid:9)Incident Food Technologists.
`Q (cid:9)And they don't pay you for work; right?
`A (cid:9)Not -- no, they -- it's a -- a professional
`organization associating food scientists, food
`technologists, worldwide, for 20,000, and it's --
`based on what I know, it's a large organization, to
`start with, professional, based on what I -- what I
`know, it's all volunteer, volunteer basis. We just
`pay our membership fee, annual fee. I will -- well,
`I've been reimbursed, but reimbursement does not fall
`under categoiy of being paid, correct?
`Q (cid:9)Right.
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`A (cid:9)Just reimbursed for my travel expenses,
`that's -- that's really all.
`Q Let's go back to my question about mass
`spectometry. I think you said you are not necessarily
`an expert?
`A (cid:9)Correct.
`Q Are you an expert or not, why can't you
`answer that question yes or no?
`MR. GRAVES: Objection, compound.
`BY MS. HOLLIS:
`Q Strike that. What do you mean by "not
`necessarily" when I asked you whether you were an
`expert in mass spectometry?
`A (cid:9)Not necessarily, not necessarily, as in
`general or as related to in mass spectometly?
`Q I'm using your words. What did you mean
`when you said "not necessarily" after I asked you if
`you're an expert in mass spectornetry?
`A I read data. I don't know how to run mass
`spec, myself. I don't know specific details about
`mass spec, how it's operated, but I -- I've seen
`numerous mass spec data sheets. Sol-- I've
`reviewed, which is kind of typical, this -- this is
`what I consider analytical instrumentation, it's a
`critical piece. I like using analogies, and I would
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`describe here an analogy to a physician who would read
`x-ray, so I -- I've seen several mass spec data
`sheets, but myself, I've never done it, so that's what
`I mean by not necessarily, if -- if you -- if you'd
`like me to run mass spec, I don't know how to do it,
`so in this regard I'm not an expert.
`--Q. Are Yiiii"dif experfin IDA-fe-&latibliS? -- (cid:9)—
`A (cid:9)Specific regulations? No.
`Q (cid:9)Are you an expert in sales of nutraceutical
`products?
`A (cid:9)Define nutraceutical products?
`Q (cid:9)What do you understand nutraceutical
`products to be?
`A (cid:9)I would define a nutraceutical product as
`few definitions. I'll provide you my own definition,
`which is how I understand nutraceutical food product,
`it is a technological developed, scientifically
`validated nutrient with added health benefits beyond
`typical, that you would see in a typical food product.
`So that's my definition that I believe encompasses
`basic meaning of -- of a nutraceutical.
`Q (cid:9)Using your definition, are you -- strike
`that -- are you an expert in sales of nutraceutical
`products?
`MR. GRAVES: Objection, vague and
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`ambiguous.
`A (cid:9)Sales of selling -- as me making phone
`calls to potential clients?
`Q (cid:9)As selling the products to customers?
`A (cid:9)I've never sold a product, to be honest
`with you, so I just don't know. I would say, perhaps
`not in the sense that you mean, because you just said
`selling products. I don't sell products, let alone
`nutraceutical products, I do not.
`Q Have you ever worked outside of academia?
`MR. GRAVES: Objection, vague and
`ambiguous.
`A As commercial businesses, you mean, outside
`or anywhere outside --
`Q (cid:9)Outside of academia?
`A Back in Poland, yes.
`Q When was that?
`A You're asking me to remember about 20 years
`ago. I'll use some basic dates, and I'm going to
`estimate, say '92 until -- around '92 to around
`' 96-ish.
`Q (cid:9)Before -- I'm sorry, since 1996, have you
`worked outside of academia?
`A No, I have not.
`Q And what were you doing in Poland when you
`
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`were working outside of academia?
`A (cid:9)My family has a business, family business,
`I believe they still print packages for food
`processing industry.
`Q (cid:9)You were working for your family business?
`A (cid:9)Correct, including marketing, so in this
`regard, if I went back to general marketing steps.
`Q (cid:9)Not counting the two weeks that you spent
`preparing for your deposition how much time have you
`spent on your work on this ITC case?
`A (cid:9)In terms of numerical values or just a lot
`or just kind of general?
`Q The number of hours?
`A (cid:9)Oh, I can't remember. I really cannot
`remember, but I would say quite a few, meaning,
`perhaps, altogether, not just ITC litigation, is that
`--
`
`Q (cid:9)I'm asking you about the ITC litigation.
`How many hours have you spent on your work on the ITC
`litigation, not counting what you did for your
`deposition preparation?
`A So prior to about two weeks ago?
`Q Yes.
`A How much time had I spent prior to two
`weeks ago?
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`Q Yes.
`A (cid:9)First, last year, I was working with an
`attorney from Cooley, reexamination --
`MR. GRAVES: She's just asking about in the
`ITC case.
`A (cid:9)Oh, oh, ITC, I'm sorry.
`I'm going to estimate, but I may be simply
`wrong, about 500 hours or even more.
`Q You've worked 500 or more hours on the ITC
`case, not counting what you did preparing for your
`deposition?
`A (cid:9)That's my best estimate. And it's just an
`estimate.
`Q (cid:9)When were you first retained to work on the
`ITC case?
`A (cid:9)I think it was spring semester, that's my
`best recollection.
`Q (cid:9)Spring semester?
`A (cid:9)Spring semester of this year.
`Q Of 2013?
`A (cid:9)Yes. I believe that's when ITC case
`started.
`Q Approximately what month did you begin
`working on the ITC case?
`A (cid:9)Approximately? I think it might have been
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`-- Pm really not good with dates, I -- I apologize,
`but I'm not good with dates. I just cannot remember
`dates, specifically. I would estimate it was before
`spring break.
`Q (cid:9)So what month would that have been when you
`started working on the ITC case?
`A I know 1 should remember spring break when
`-- when it is in WVU, but I -- I really am bad with
`dates, I really am. So if you can look it up online,
`whenever spring break is, I -- I'm sorry, I cannot
`remember. I really cannot remember. I know I should
`remember spring break of WVU, but I have a hard time
`memorizing dates.
`Q (cid:9)But I can look at the college that you work
`
`
`
`at --
`A Mm-hmm.
`Q (cid:9)-- the -- the --
`A (cid:9)Sure.
`Q (cid:9)-- website for that college --
`A (cid:9)Correct.
`Q (cid:9)-- and find out when spring break is and
`that's approximately when you started --
`A (cid:9)Correct. And that's -- that's exactly what
`I do, I -- I just look it up online and -- and then
`the -- pretty much two minutes -- two minutes in I
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`just can't remember.
`MR. GRAVES: For the benefit of the
`reporter, you'll need to let her finish her questions
`before you start answering.
`THE WITNESS: Oh, I'm sorry.
`BY MS. HOLLIS:
`Q How much per hour are you getting paid by
`Neptune?
`A $300.
`Q And have you received any compensation from
`Neptune other than the $300 per hour?
`A No, I have not.
`Q (cid:9)Do you expect to receive any compensation
`from Neptune other than the $300 per hour for your
`time?
`A (cid:9)No. I have really no expectations, to be
`honest with you.
`Q (cid:9)Other than Neptune, has anyone paid you
`$300 per hour?
`A Ever?
`Q Yes.
`A (cid:9)I think when I did that work, but I was
`much less involved, less time consuming, from mushroom .'
`company, I think they paid me even more, but that was
`just fewer hours, but again, I can't remember. I
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`don't really pay attention to -- I mean, it is
`important, I acknowledge it is important, but money
`is, I don't know.
`Q Have you ever spoken to Dr. Yeboa
`(phonetic)?
`A (cid:9)Spoke meaning through internet as -- as
`e-mail or just on the phone or in person?
`Q (cid:9)To be clear, when I'm ask -- asking you
`about whether you've spoken to anyone, I'm -- I'm
`talking about communications, generally.
`A (cid:9)Oh, no, no, no, not even through e-mail.
`Q You've never communicated with Dr. Yeboah?
`A (cid:9)I've seen -- I've seen his reports,
`declarations, not to my recollection.
`MS. HOLLIS: Going to mark as Exhibit 1 a
`document entitled Jacek Jaczynski Exhibit 1.
`(Exhibit 1 was marked for identification.)
`THE WITNESS: Thank you.
`BY MS. HOLLIS:
`Q Is this your CV?
`A (cid:9)It updates all the time, but looking at --
`at the format, it is, it's just some version of my CV,
`wheth- -- but my papers, they get updated pretty much
`continuously. As a matter of fact, I believe we got
`two papers accepted, now it's October? October? Is
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`it October right now?
`Q Yes.
`A I -- I believe in, perhaps, September we
`got two papers accepted, which may not be reflected
`here, but yes, it is my CV.
`Q Do those new papers relate to krill?
`A (cid:9)Can I just look into it?
`Q Yes.
`A No, the two papers I was referring to, they
`do not contain krill.
`Q (cid:9)They do not relate to krill?
`A Hmm?
`Q (cid:9)Is it correct that they do not relate to
`hill?
`A They do not, in rough terms, because krill
`contains a variety of -- of nutrients, so if, per se,
`we did not -- we did not use krill, but we used
`Omega -3 fatty acids, and, as such, drew some
`relationship.
`Q Do you have any papers in which mass
`spectometry was used or discussed?
`A (cid:9)Discussed, perhaps, but ourselves, we never
`used mass spectometry.
`Q Can you identify for me any of your papers
`in which mass spectometry was discussed?
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`A (cid:9)I believe the paper that we did with E.
`Chen, on krill oil extraction characterization, but
`again, you're asking me out of my memoly, and I have
`several papers, book chapters, and so on.
`Q (cid:9)You just referred to a paper with E. Chen?
`A (cid:9)Correct.
`Q—Whereis—that paper on your CV'.
`A (cid:9)I think it was, let's look it up, oh, maybe
`2011, maybe. No, that's not the one. This is the --
`the one I was referring -- perhaps the one that you're
`referring to, maybe we talked, but that was more on
`the nutritional side, E. Chen, which one was E. Chen?
`Because the one I was referring to, it was published
`in 2011, with Joe Gigliotti, that's extraction
`characterization of lipids from antarctic krill, E
`superba, and then on the top of it is one more, 2011
`paper, again with Gigliotti, and J. Tou, consumption
`of krill from concentrate, that was a review that we
`did for nutri- -- Nutrition Research, and we actually
`made the cover, we're happy about it.
`Q (cid:9)Okay. I need — I'm not sure I understand
`what articles you're referring to, do any of your
`papers discuss the use of mass spectometry?
`A (cid:9)Discuss as -- because you're talking about
`discussion, in papers we have a typical section called
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`results and discussion, that's where you discuss your
`data in light of what's been published.
`Q Okay.
`A (cid:9)So as such, that -- I -- I cannot -- that
`-- that's what you meant? But per se we never used,
`in our lab, a -- a mass spec as a research tool.
`Q Okay.
`A (cid:9)That's -- so two separate understandings, I
`believe.
`Q And did any of your coauthors use mass
`spectometry in connection with any of your papers?
`A You asking me if -- if I know if my
`coauthors ever used -- do you know how many coauthors
`I have?
`Q (cid:9)Well, I'm asking if any of these papers
`actually discuss the use by the authors of mass
`spectometly?
`A (cid:9)I'm sorry, but that -- that was not your
`question. You're asking me about whether my coauthors
`had ever used mass spec in their research?
`Q (cid:9)In connection with your own papers, that's
`what I was referring to.
`A Meaning as they referred to my papers? I
`
`--
`
`Q (cid:9)Can you identify any papers on your CV in
`
`— (cid:9)
`
`8 (Pages 26 to 29)
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`which mass spectometry was used as part of the
`analysis for those papers?
`A No, we have not.
`Q Have you ever done a test to determine the
`molecular structure of a lipid?
`A (cid:9)No, I have not.
`Q Do you know wfiat the difference is between
`positive ion mode and negative ion mode is?
`A (cid:9)That's a term used in mass spectometry and
`-- and it's related to mass charge ratio and after
`fragment I'm not full- -- again, this is not my area,
`so I speak based on my understanding of mass
`spectometry. I believe this fragmentation and ions
`can -- can be charged either way.
`Q But do you know the difference between
`positive ion mode and negative ion mode as it relates
`to mass spectometly?
`A (cid:9)No, I do not, not specifics.
`Q (cid:9)Have you ever used rotary evaporation?
`A Myself?
`Q Yes.
`A (cid:9)As a student, as a -- if -- myself, I have,
`several times.
`Q When have you used rotary evaporation?
`A When I was taking classes back at Oregon
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`State, back in the lab, when I was a student, Ph.D.,
`Master's level, in my lab, in my lab I -- perhaps I
`was showing my students how to use it, but I don't
`really use it anymore. But my students, under my
`direction, would use it in our lab, in different labs,
`it's just a tool that, you know, it's normally --
`would be normally present in labs.
`Q What year were you usina rotary evaporation
`back at Oregon State?
`A When I was at Oregon State would be '96,
`2002.
`Q Were you using rotary evaporation
`throughout your time there?
`MR. GRAVES: Objection, vague and
`ambiguous.
`BY MS. HOLLIS:
`Q (cid:9)Were you using rotary evaporation
`throughout 1996 to 2002?
`A (cid:9)Like periodically or everyday basis or in
`just taking classes or in my own research?
`Periodically I was using -- when I was
`learning, when I was taking classes, yes, of course, I
`was. In the lab, when it was required, or whenever
`you wanted to use — whenever we decided to use rotary
`evaporator, we use it, as well, but I can't remember
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`what specific dates or specific purposes.
`Q (cid:9)What are the --
`A (cid:9)It's -- it is a tool commonly used to
`evaporate.
`Q (cid:9)What are the usual temperature settings for
`a rotary evaporator?
`--MR. GRAVES: --Objection, vague an-d---
`ambiguous, lacks foundation.
`A (cid:9)Temperature, itself to me, it is kind of
`irrespective terms. I think we need to define way
`more parameters, not just temperature.
`Q (cid:9)Well, how does a rotary evaporator work, do
`you set temperature on it?
`A (cid:9)Do you mean temperature or heat? Would you
`define heat versus temperature for me?
`Q (cid:9)Is -- is there a s