`
` JAMS ARBITRATION
` BEFORE THE HONORABLE JAMES M. ROSENBAUM (RET.)
`
`ALCON LENSX, INC., )
` )
` Claimant, )
` ) Reference No. 1200046131
` vs. )
` ) Volume 1
`JOSEPH NEEV, )
` ) Pages 1 to 310
` Respondent. )
`__________________________________)
`
` ARBITRATION PROCEEDINGS BEFORE THE
` HONORABLE JAMES M. ROSENBAUM (RETIRED)
` Aliso Viejo, California
` Tuesday, October 29, 2013
`
`Reported by:
`ELIZABETH BORRELLI, CSR No. 7844, CCLL, CLR
`JOB NO. 66787
`
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`Page 2
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` Arbitration Proceedings before the
`Honorable James M. Rosenbaum (Retired), Volume
`I, taken at Renaissance Hotel, 50 Enterprise,
`Aliso Viejo, California, commencing at
`8:53 a.m., Tuesday, October 29, 2013, before
`Elizabeth Borrelli, a Certified Shorthand
`Reporter in the State of California, License
`No. 7844.
` * * *
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`Page 3
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`APPEARANCES OF COUNSEL:
`
`For the Claimant:
` MORRISON FOERSTER
` BY: ERIC ACKER
` BY: MARY PRENDERGAST
` Attorneys at Law
` 12531 High Bluff Drive
` San Diego, California 92130
`
`For the Respondent:
`
` CONLEY ROSE
` BY: STEWART MESHER
` BY: CHARLES ROGERS
` BY: JERRY HARRIS, JR.
` Attorney at Law
` 2508 Ashley Worth Boulevard
` Austin, Texas 78738
`
` Also Present:
` HONORABLE JAMES M. ROSENBAUM (Ret.)
` RONALD KURTZ
` JOSEPH NEEV, Ph.D.
` ANDREW GUVERA
`
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` an oath in accordance with CCP 2094,
` was examined and testified as follows:
` THE COURT: Sir, would you please tell us
`your name and spell your last name.
` THE WITNESS: Gregg Brown, B-R-O-W-N.
` DIRECT EXAMINATION
`BY MR. ACKER:
` Q. Good afternoon, Mr. Brown.
` How are you employed?
` A. I'm head of IP for Alcon Laboratories.
` Q. How long have you been with Alcon?
` A. Since 1984.
` Q. What are your responsibilities as the head
`of IP for Alcon?
` A. I'm responsible for all intellectual
`property matters, including, you know, patent
`procurement, supportive licensing and M&A and
`litigation.
` Q. And can you describe your college and JD
`education?
` A. My undergraduate degree is in pharmacy,
`and my law school degree, JD.
` Q. When did you first become aware of LenSx?
` A. In 2009.
` Q. How did that happen?
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`894 patent?
` A. Same answer.
` Q. And how about a written --
` THE COURT: Hold on. So the answer is no?
` THE WITNESS: Correct.
`BY MR. MESHER:
` Q. And you don't have a written invalidity
`opinion from legal counsel as to the 894 patent
`either, correct?
` A. We never formalized in terms of going to
`outside counsel and asking them for opinions on
`validity or infringement on those two patents
`because we didn't believe it was necessary.
` Q. And with respect to any written legal
`analysis of the 199 patent, has Alcon waived
`privilege in this arbitration?
` A. Not that I'm aware of.
` Q. And as the head of Alcon's IP legal team,
`you have the ultimate responsibility for Alcon's
`actions in this arbitration, correct?
` A. I certainly have responsibility for all
`the IP aspects. I'll take that.
` Q. Okay. Buck stops here?
` A. Yes.
` Q. Now, regarding Alcon's knowledge of the
`
`TSG Reporting - Worldwide 877-702-9580
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`
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