Transcript of CONFERENCE CALL
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`Date: January 21, 2015
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`Case: ANTARES PHARMA, INC., ET AL v. SPEZIALPRAPARATE MBH.
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`Planet Depos, LLC
`Phone: 888-433-3767
`Fax: 888-503-3767
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`Internet: www.planetdepos.com
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`Court Reporting | Videography | Videoconferencing | Interpretation | Transcription
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`Antares Exhibit 1033
`Antares v. medac
`IPR2014-01091
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`Page 1 of 29
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` UNITED STATES PATENT AND TRADEMARK OFFICE
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` BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`---------------------------------x
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`ANTARES PHARMA, INC., LEO PHARMA :
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`A/S AND LEO PHARMA INC., :
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` Petitioner, : Case IPR2014-01091
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` v. : Patent 8,664,231 B2
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`MEDAC GESELLSCHAFT FUER :
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`KLINISCHE SPEZIALPRAPARATE MBH., :
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` Patent Owner. :
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`---------------------------------x
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` Conference Call before
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` THE HONORABLE ERICA A. FRANKLIN, TONI R. SCHEINER,
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` and JACQUELINE WRIGHT BONILLA
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` Wednesday, January 21, 2015
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` 11:00 a.m.
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`Job No.: 73436
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`Pages: 1 - 21
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`Reported by: Bonnie Panek
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`CONFERENCE CALL
`CONDUCTED ON WEDNESDAY, JANUARY 21, 2015
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` A P P E A R A N C E S
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` ON BEHALF OF PETITIONER:
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` SANYA SUKDUANG, ESQUIRE
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` THOMAS H. JENKINS, ESQUIRE
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` LILLIAN M. ROBINSON, ESQUIRE
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` FINNEGAN, HENDERSON, FARABOW,
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` GARRETT & DUNNER, LLP
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` 901 New York Avenue, NW
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` Washington, D.C. 20001
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` (202) 408-4000
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` ON BEHALF OF RESPONDENT:
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` JAMES F. HALEY, JR. ESQUIRE
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` CHING-LEE FUKUDA, ESQUIRE
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` STEVEN MOSSEY, ESQUIRE
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` ROPES & GRAY, LLP
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` 1211 Avenue of the Americas
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` New York, New York 10036
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` (212) 596-9000
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`CONFERENCE CALL
`CONDUCTED ON WEDNESDAY, JANUARY 21, 2015
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` C O N T E N T S
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` PAGE
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`PRELIMINARY DISCUSSIONS ON CASE: 5
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`DISCUSSIONS ON SCHEDULING ORDER:
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` By Mr. Sukduang 7
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` By Mr. Haley 7
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` By Mr. Sukduang 8
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` By Judge Franklin 9
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`DISCUSSIONS ON DOCUMENT PRODUCTION:
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` By Mr. Haley 9
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` By Mr. Sukduang 11
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` By Mr. Haley 12
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` By Judge Franklin 14
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` By Mr. Haley 15
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` By Mr. Sukduang 15
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` By Mr. Haley 16
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` By Mr. Sukduang 17
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` By Judge Franklin 17
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`CONFIRMATION OF DATES BY JUDGE FRANKLIN: 18
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` E X H I B I T S
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` (None)
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`CONFERENCE CALL
`CONDUCTED ON WEDNESDAY, JANUARY 21, 2015
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` P R O C E E D I N G S
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` JUDGE FRANKLIN: Good morning. This is
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`Judge Franklin. I'm on the line with Judges Scheiner
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`and Bonilla.
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` MR. SUKDUANG: Good morning, Your Honor.
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`This is Sanya Sukduang, Tom Jenkins and Lilly Robinson
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`for petitioners, and we also have on the line a court
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`reporter.
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` MR. HALEY: Good morning, Your Honor. This
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`is Jim Haley, and with the other line is Ching-Lee
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`Fukuda and Steve Mossey from Ropes & Gray for Medac,
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`the patent owner.
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` JUDGE FRANKLIN: Okay. Welcome to you all,
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`and it's fine that you have a court reporter. We just
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`want to request that the parties file with the board as
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`an exhibit a copy of the transcript prepared by the
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`court reporter.
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` MR. SUKDUANG: We will, Your Honor.
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` JUDGE FRANKLIN: Great. And the board, the
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`panel will also prepare a summary of the call and
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`provide that, make that available on purpose. All
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`right. Let's get started.
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`CONFERENCE CALL
`CONDUCTED ON WEDNESDAY, JANUARY 21, 2015
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` The purpose of this call is to discuss
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`proposed changes to the scheduling order and any
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`motions that the parties intend to file as well as any
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`other preliminary matters, but first I'd like to ask
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`whether there have been any attempts at settlement.
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` MR. SUKDUANG: Your Honor, the parties are
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`involved in a corresponding litigation involving this
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`particular patent, and I believe the parties during the
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`course of that litigation have discussed settlement but
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`at this time have not reached any resolution on that
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`issue.
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` JUDGE FRANKLIN: Okay. Thank you. And Mr.
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`Haley, do you have any comment?
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` MR. HALEY: Just one comment, Your Honor.
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`There actually is a second litigation pending as well
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`in Delaware on some of Antares own patents, and
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`certainly it is correct the parties have discussed
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`settling all of these matters, but it is correct that
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`we have not yet reached a position where both sides
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`agree to settle.
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` JUDGE FRANKLIN: Okay. And for both pending
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`matters or for all pending matters, related matters
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`CONFERENCE CALL
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`what's the status of those if they're different than
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`what was indicated in your previous filings?
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` MR. SUKDUANG: Sure. Your Honor, with
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`respect to the one that is most directly related to
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`this IPR involving the 231 patent the litigation is in
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`the fact discovery stage. Claim construction motions
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`have been filed, responses are due in the middle of
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`February.
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` Medac, the patent owner, has filed a motion
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`for a preliminary injunction. That is currently being
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`briefed, and Antares or the petitioners will be filing
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`in that litigation again mid February a motion to stay.
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`The district court judge has set a March 6th date to
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`hear all pending motions, and we would expect
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`resolution shortly after that on the preliminary
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`injunction claim construction and motion to stay.
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` JUDGE FRANKLIN: Okay.
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` MR. HALEY: In the Delaware action Antares
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`brought its own motion for preliminary injunction.
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`Judge Robinson denied that motion. It was appealed at
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`the federal circuit who affirmed Judge Robinson, and
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`Antares has asked for reconsideration, or
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`CONFERENCE CALL
`CONDUCTED ON WEDNESDAY, JANUARY 21, 2015
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`reconsideration En Banc, and the federal circuit has
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`not yet ruled on that request.
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` JUDGE FRANKLIN: Okay. Thank you both. Now
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`let's turn to the scheduling order. It appears that
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`neither party has filed a notice indicating that they
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`anticipate filing motions not already authorized by the
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`board. Is that correct, Mr. Sukduang?
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` MR. SUKDUANG: That's correct, neither party
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`filed the required notice two days before the
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`conference with respect to changing the schedule or
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`additional motions.
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` JUDGE FRANKLIN: And are there any motions
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`at this point that either party would like to discuss
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`with the panel?
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` MR. SUKDUANG: From the petitioner's
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`perspective, Your Honor, we don't have any motions that
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`we are contemplating or any changes to the schedule we
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`would like to propose.
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` MR. HALEY: From the patent owner's side,
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`Your Honor, I guess two things. One is we sent an
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`E-mail yesterday to the petitioners suggesting that we
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`move the schedule later in time by one week because the
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`CONFERENCE CALL
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`due date one is only one week after the claim
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`construction preliminary injunction hearing which was
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`mentioned is going to take place on March 6th in New
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`Jersey.
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` And we thought that two weeks would be
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`better after that hearing in order to put in our patent
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`owner's response, and that would move every -- all the
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`dates in the schedule by one week if that's possible.
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` MR. SUKDUANG: Your Honor, may I address
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`that?
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` JUDGE FRANKLIN: Yes.
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` MR. SUKDUANG: Again, we don't believe that
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`a one-week movement of the schedule is necessary. The
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`preliminary injunction is really Medac's prompting, and
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`we believe that in response to the PI motion the
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`evidence that they'd be presenting to the court there
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`would be nearly duplicative of the evidence that they
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`present in their response due in March because the
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`issue of validity is one that needs to be raised in
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`response to the preliminary injunction motion, and to
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`be honest with Your Honor, the IPR plays a significant
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`role in that.
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`CONFERENCE CALL
`CONDUCTED ON WEDNESDAY, JANUARY 21, 2015
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` JUDGE FRANKLIN: Well, we would like to
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`remind the parties that you are allowed to stipulate to
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`modifications of due dates one through five, and we
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`encourage that the parties -- we encourage the parties
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`to come to some resolution where one party has made a
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`request to make modifications to that due date barring
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`some type of prejudice or burden.
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` We're not going to rule on this now, but
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`what we'd like you to do is to continue your
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`conversation and come to some agreement about modifying
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`any of due dates one through five. If, Mr. Haley, you
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`are not able to come to some agreement that you find
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`useful, you are open to calling or E-mailing the board
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`and requesting a conference call.
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` MR. SUKDUANG: We'll reach out -- thank you,
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`Your Honor. We'll reach out and discuss the scheduling
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`issue with counsel for patent owners.
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` MR. HALEY: And I see no reason why we can't
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`come to some cooperative conclusion to it. Your Honor,
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`the second thing that we would like to raise, and I
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`don't think it's going to require a motion but I want
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`to put it on the table.
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`CONFERENCE CALL
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` We sent an E-mail yesterday again to
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`petitioner's counsel raising the question of the
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`production of some specific documents that are called
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`into question in their petition and I think were
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`addressed in your institution decision, and the first
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`of those is the Grint patent which is their exhibit --
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` MR. SUKDUANG: 1003, I believe.
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` MR. HALEY: 1003, exactly. The Grint patent
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`in example one talks about a clinical trial combining
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`Methotrexate and IL-10, and it talks about the
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`Methotrexate dose being either 12 and a half up to 25
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`mgs, but does not give the concentration at which that
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`dose was administered.
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` We understand from an abstract which we
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`found which is our Exhibit 2005 that Dr. Weinblatt,
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`petitioner's expert, was involved in that clinical
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`trial, and so we've asked the petitioners to produce
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`any report or other document referring to the protocols
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`in that trial, in particular to the concentration of
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`the Methotrexate used in the subcutaneous injection in
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`that trial.
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` JUDGE FRANKLIN: Okay. Mr. Sukduang.
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`CONFERENCE CALL
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` MR. SUKDUANG: Yes, Your Honor. First we
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`think in an IPR proceedings any discovery requires a
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`motion for additional discovery, so with respect to
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`that we believe that they would have to file a motion
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`if the board grants permission.
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` On the issue of the protocols that they're
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`seeking, they have an obligation under the Garman
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`factor to show beyond speculation that something useful
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`will be uncovered in the discovery that they're
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`seeking.
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` Here the protocol is not being relied on as
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`an anticipatory or a reference relying on for
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`obviousness. It's the Grint patent itself and its
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`disclosure of the concentrations that are presently
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`claimed.
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` Moreover, as Mr. Haley indicated they have
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`the abstract which has the protocol, and if there's a
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`corresponding paper that goes with that they will have
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`that as well. That would include the protocol. Thus,
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`this information would seem to be publicly available to
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`them.
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` Additionally, we don't think this
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`information is useful again because we're relying on
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`the Grint patent itself, not on the protocols that were
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`disclosed in example one of the Grint patent, so that
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`-- we request that this request be denied, or at the
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`very least they're required to file a motion seeking
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`additional discovery on this point.
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` MR. HALEY: Just a quick response, Your
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`Honor. The abstract which we've cited as example 2005
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`does not give the concentration of Methotrexate that
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`was used, and its much like example one in Grint which
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`only talks about the dose of Methotrexate, not the
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`concentration.
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` In addition, I will represent that we have
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`done all of the extensive searching that we can
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`imagine, including on the FDA website and through all
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`of the pub med places that we could think of to find a
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`fuller report of the clinical trial. We've not been
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`able to find that, and so it is not available to us.
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` Secondly, in terms of its use, as you know
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`in the institution decision we raised the argument that
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`while Grint has a large range of possible
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`concentrations he also has a large range of possible
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`diseases, and our argument was that only the very
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`bottom of the range was ever used to treat RA.
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` And at least in the institution decision you
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`said at this point we would have to support that with
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`more than attorney argument, and one of the ways to
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`support that, and therefore why this is useful is what
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`their expert actually used in this clinical trial when
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`treating RA with Methotrexate, what concentration.
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` MR. SUKDUANG: Your Honor -- I'm sorry, Mr.
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`Haley. I didn't mean to interrupt you.
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` MR. HALEY: No problem. We believe that
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`concentration will be below 25 mgs per mill, which
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`would be incredibly useful when we say well, even the
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`petitioner's expert was using the prior art, not our
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`invention.
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` JUDGE FRANKLIN: Okay. I just wanted to
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`clarify, you mentioned, Mr. Haley, that you submitted
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`this request in an E-mail yesterday?
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` MR. HALEY: Yes.
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` JUDGE FRANKLIN: Have the parties, other
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`than during this conference call, spoken about the
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`request?
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`CONFERENCE CALL
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` MR. HALEY: No, Your Honor.
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` MR. SUKDUANG: No, Your Honor.
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` JUDGE FRANKLIN: Okay. Because again the
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`panel is going to ask that the parties meet and confer
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`on this issue, and Mr. Haley, as far as you're able to
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`be very specific about which documents you are
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`requesting and Mr. Sukduang, if you're aware of the
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`document whether or not you're willing to provide it.
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`Be specific as to what the document is which contains
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`the information requested.
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` And if you say that it's your position that
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`the document is publicly available indicate where it's
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`available and how Mr. Haley might retrieve it. If the
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`parties, after meeting and conferring, are not able to
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`come to some agreement then Mr. Haley, we do invite you
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`to request a conference call seeking authorization to
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`file a motion.
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` And again in that motion we'll ask you to be
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`very specific on the document requested, and Mr.
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`Sukduang, if you choose to challenge that motion you
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`then may do so.
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` MR. SUKDUANG: Thank you, Your Honor.
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`CONFERENCE CALL
`CONDUCTED ON WEDNESDAY, JANUARY 21, 2015
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`15
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` MR. HALEY: Your Honor, just to complete the
`
`other subjects that we've raised in the E-mail
`
`yesterday to petitioner's counsel, there are two other
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`documents or reports that we've requested.
`
` In the Weinblatt declaration, that is the
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`petitioner's declarant, which is Exhibit 1012 on
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`paragraph 33, the declarant Dr. Weinblatt said, quote,
`
`I have been treating patients with RA using a
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`subcutaneous injection of Methotrexate since at least
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`1995, end quote, and we asked for the documents
`
`indicating what concentrations Dr. Weinblatt has used
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`to treat RA subcutaneously since 1995.
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` MR. SUKDUANG: Your Honor, again on that
`
`point the parties haven't discussed this issue, but I'd
`
`like to point out that that's 20 years of patient data
`
`that they're seeking. Dr. Weinblatt is a world
`
`renowned expert in treating Rheumatoid Arthritis. This
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`is probably thousands upon thousands of patients and
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`there are also HIPAA laws, privacy laws associated with
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`this type of information.
`
` We think it would be, one, not useful
`
`because we're not relying on Dr. Weinblatt's prior
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`16
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`experience with Methotrexate to treat RA as prior art.
`
`He just noted that in terms of what his experience is.
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`And two, it would be incredibly burdensome to try to
`
`track this information down, and three, their request
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`is not very specific. They're just looking for every
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`concentration he has ever used over the 20 plus years
`
`of his experience treating RA with Methotrexate.
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` MR. HALEY: We will certainly take a
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`representation that he's never used anything above 25
`
`mgs per mill.
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` MR. SUKDUANG: They would have to seek a
`
`motion for that.
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` MR. HALEY: And in a similar vein, Your
`
`Honor, the second of petitioner's experts, Dr.
`
`Gammond's (phonetic) expert report is Exhibit 1013. In
`
`paragraph 36 of that report Dr. Gammond says, and I
`
`quote, I have compounded or manipulated Methotrexate in
`
`various concentrations for use in various diseases
`
`including cancer, RA and psoriasis since before 2006,
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`end quote.
`
` And again, we've asked for documents
`
`indicating what concentrations Dr. Gammond manipulated
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`CONFERENCE CALL
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`17
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`and compounded Methotrexate to produce for subcutaneous
`
`injection in RA patients.
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` MR. SUKDUANG: And again, Your Honor, with
`
`respect to that we're looking at decades of work. The
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`request isn't specific, and I think that it would be
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`highly burdensome to try to gather this information
`
`given the schedule that we need to follow even with an
`
`adjustment by one week of the due dates.
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` Moreover, we don't think this is useful as
`
`we're not relying on Mr. Gammond's prior experience as
`
`prior art to the 231 patent.
`
` JUDGE FRANKLIN: Okay. So having heard both
`
`sides, I am -- as you meet and confer I want to draw
`
`out a couple of points for you to consider as you meet
`
`and confer, and that is Mr. Haley in particular to
`
`consider the scope and relevance of the documents as
`
`well as the specific documents that you're requesting,
`
`and Mr. Sukduang to consider Mr. Haley's interest in
`
`those documents in trying to facilitate the information
`
`that he's seeking, which it sounds like it's the
`
`concentration used by not only the experts but also
`
`what's included in the Grint patent.
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`CONFERENCE CALL
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`18
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` These, I have to say what I've heard so far,
`
`do sound like questions for depositions, so keep that
`
`in mind, too, as you meet and confer. I understand the
`
`issue is about documentation, but it also just sounds
`
`like an attempt to gain information that was not
`
`included in the declaration or that's not specified in
`
`Exhibit 1003.
`
` MR. HALEY: That's correct, Your Honor, and
`
`certainly we understand that we can ask those questions
`
`at deposition. We're just concerned that the witness
`
`will either say they don't know, they would have to go
`
`back and check the records, and given the schedule we
`
`thought we'd get this up front and if there's documents
`
`we will then have them and we can show them to the
`
`witness.
`
` JUDGE FRANKLIN: Okay. So the instruction
`
`there is for the parties to meet and confer, consider
`
`the points raised, and if there's no resolution to seek
`
`a conference with the panel.
`
` MR. HALEY: Thank you, Your Honor.
`
` MR. SUKDUANG: Thank you, Your Honor.
`
` JUDGE FRANKLIN: At this point I want to
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`CONFERENCE CALL
`CONDUCTED ON WEDNESDAY, JANUARY 21, 2015
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`also confirm with each of the parties that they will
`
`make themselves available on the scheduled date for
`
`oral argument if that oral argument is requested, and
`
`that date is August 17th, 2015.
`
` MR. HALEY: For patent owner we confirm
`
`that, Your Honor.
`
` JUDGE FRANKLIN: That's Mr. Haley?
`
` MR. HALEY: Yes.
`
` JUDGE FRANKLIN: Okay.
`
` MR. SUKDUANG: And we confirm that, too,
`
`Your Honor.
`
` JUDGE FRANKLIN: And I have a question. At
`
`the beginning of the conference during the roll call
`
`there was mention of a Lilly Robinson.
`
` MR. SUKDUANG: That's correct, Your Honor.
`
` JUDGE FRANKLIN: And is she -- who is she?
`
`Can you just --
`
` MR. SUKDUANG: She's an attorney at
`
`Finnegan, Henderson who has been working on these
`
`issues.
`
` JUDGE FRANKLIN: Okay. All right. And as
`
`we're talking about documents I do want to note to the
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`20
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`parties that a protective order does not exist in these
`
`proceedings until one is filed and approved by the
`
`board. If a protective order is sought we do encourage
`
`the parties to use a default protective order in the
`
`trial practice guide.
`
` Petitioner, is there anything else you wish
`
`to discuss during this initial conference call?
`
` MR. SUKDUANG: Not at this time, Your Honor.
`
` JUDGE FRANKLIN: And patent owner, do you
`
`have any additional concerns?
`
` MR. HALEY: No, Your Honor. Thank you very
`
`much.
`
` JUDGE FRANKLIN: In that case this call is
`
`adjourned.
`
` MR. SUKDUANG: Thank you, Your Honor.
`
` MR. HALEY: Thank you. Have a good day.
`
` (Off the record at 11:21 a.m.)
`
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`CONFERENCE CALL
`CONDUCTED ON WEDNESDAY, JANUARY 21, 2015
`
`21
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` CERTIFICATE OF SHORTHAND REPORTER - NOTARY PUBLIC
`
` I, Bonnie K. Panek, a Notary Public in and
`
`for The State of Texas, the officer before whom the
`
`foregoing proceedings were taken, do hereby certify
`
`that the foregoing transcript is a true and correct
`
`record of the proceedings; that said proceedings were
`
`taken by me stenographically and thereafter reduced to
`
`typewriting under my supervision; and that I am neither
`
`counsel for, related to, nor employed by any of the
`
`parties to this case and have no interest, financial or
`
`otherwise, in its outcome.
`
` IN WITNESS WHEREOF, I have hereunto set my
`
`hand and affixed my notarial seal this 30th day of
`
`January, 2015.
`
`My commission expires: January 22, 2017
`
`
`
`
`
`NOTARY PUBLIC IN AND FOR
`
`THE STATE OF TEXAS
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`22
`
`10:12,19 12:9,12
`13:8,12 16:6
`17:21
`concentrations
`11:14 12:22
`15:11 16:18,22
`concerned
`18:10
`concerns
`20:10
`conclusion
`9:19
`confer
`14:4 17:13,15
`18:3,17
`conference
`1:13 7:10 9:14
`13:21 14:16
`18:19 19:13
`20:7
`conferring
`14:14
`confirm
`19:1,5,10
`CONFIRMATI...
`3:19
`consider
`17:14,16,18 18:17
`construction
`6:6,16 8:2
`contains
`14:9
`contemplating
`7:17
`continue
`9:9
`conversation
`9:10
`cooperative
`9:19
`copy
`4:16
`correct
`5:17,18 7:7,8
`18:8 19:15 21:5
`corresponding
`5:7 11:18
`
`
`CONFERENCE CALLCONFERENCE CALL
`
`CONDUCTED ON WEDNESDAY, JANUARY 21, 2015CONDUCTED ON WEDNESDAY, JANUARY 21, 2015
`
`1:6 3:3 20:13
`21:10
`certainly
`5:17 16:8 18:9
`CERTIFICATE
`21:1
`certify
`21:4
`challenge
`14:20
`changes
`5:2 7:17
`changing
`7:10
`check
`18:12
`Ching-Lee
`2:14 4:10
`choose
`14:20
`circuit
`6:21 7:1
`cited
`12:8
`claim
`6:6,16 8:1
`claimed
`11:15
`clarify
`13:17
`clinical
`10:9,16 12:17
`13:7
`combining
`10:9
`come
`9:5,10,12,19
`14:15
`comment
`5:13,14
`commission
`21:15
`complete
`15:1
`compounded
`16:17 17:1
`concentration
`
`barring
`9:6
`beginning
`19:13
`BEHALF
`2:2,12
`believe
`5:8 8:12,15 10:7
`11:4 13:11
`better
`8:6
`beyond
`11:8
`board
`1:2 4:15,19 7:7
`9:13 11:5 20:3
`Bonilla
`1:15 4:4
`Bonnie
`1:22 21:2
`bottom
`13:2
`briefed
`6:11
`brought
`6:19
`burden
`9:7
`burdensome
`16:3 17:6
`B2
`1:7
`
`C
`
`C 2
`
`:1 3:1 4:1
`call
`1:13 4:20 5:1
`9:14 13:21
`14:16 19:13
`20:7,13
`called
`10:3
`calling
`9:13
`cancer
`16:19
`case
`
`6:20
`appears
`7:4
`approved
`20:2
`argument
`12:20 13:1,5 19:3
`19:3
`art
`13:14 16:1 17:11
`Arthritis
`15:17
`asked
`6:22 10:17 15:10
`16:21
`associated
`15:19
`attempt
`18:5
`attempts
`5:5
`attorney
`13:5 19:18
`August
`19:4
`authorization
`14:16
`authorized
`7:6
`available
`4:21 11:20 12:18
`14:12,13 19:2
`Avenue
`2:8,17
`aware
`14:7
`a.m
`1:17 20:17
`A/S
`1:5
`
`B
`
`B 3
`
`:21
`back
`18:12
`Banc
`7:1
`
`A
`
`able
`9:12 12:18 14:5
`14:14
`abstract
`10:14 11:17 12:8
`action
`6:18
`addition
`12:13
`additional
`7:11 11:3 12:6
`20:10
`Additionally
`11:22
`address
`8:9
`addressed
`10:5
`adjourned
`20:14
`adjustment
`17:8
`administered
`10:13
`affirmed
`6:21
`affixed
`21:13
`agree
`5:20
`agreement
`9:10,12 14:15
`allowed
`9:2
`Americas
`2:17
`Antares
`1:4 5:16 6:11,18
`6:22
`anticipate
`7:6
`anticipatory
`11:12
`APPEAL
`1:2
`appealed
`
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`CONFERENCE CALL
`CONDUCTED ON WEDNESDAY, JANUARY 21, 2015
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`23
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`13:16,20 14:3
`17:12 18:16,22
`19:7,9,12,16,21
`20:9,13
`front
`18:13
`FUER
`1:8
`Fukuda
`2:14 4:11
`fuller
`12:17
`
`G
`
`G 4
`
`:1
`gain
`18:5
`Gammond
`16:16,22
`Gammond's
`16:15 17:10
`Garman
`11:7
`GARRETT
`2:7
`gather
`17:6
`GESELLSCH...
`1:8
`give
`10:12 12:9
`given
`17:7 18:12
`go
`18:11
`goes
`11:18
`going
`8:3 9:8,21 14:4
`good
`4:2,5,9 20:16
`grants
`11:5
`Gray
`2:16 4:11
`Great
`4:19
`
`17:19
`fact
`6:6
`factor
`11:8
`far
`14:5 18:1
`FARABOW
`2:6
`FDA
`12:15
`February
`6:8,12
`federal
`6:21 7:1
`file
`4:15 5:3 11:4
`12:5 14:17
`filed
`6:7,9 7:5,9 20:2
`filing
`6:11 7:6
`filings
`6:2
`financial
`21:10
`find
`9:12 12:16,18
`fine
`4:14
`Finnegan
`2:6 19:19
`first
`5:4 10:5 11:1
`five
`9:3,11
`follow
`17:7
`foregoing
`21:4,5
`found
`10:15
`Franklin
`1:14 3:8,13,18,19
`4:2,3,13,19 5:12
`5:21 6:17 7:3,12
`8:11 9:1 10:22
`
`E 2
`
`:1,1 3:1,21 4:1,1
`either
`7:13 10:11 18:11
`employed
`21:9
`En
`7:1
`encourage
`9:4,4 20:3
`ERICA
`1:14
`ESQUIRE
`2:3,4,5,13,14,15
`evidence
`8:16,17
`exactly
`10:8
`example
`10:9 12:3,8,10
`exhibit
`4:16 10:6,15 15:6
`16:15 18:7
`exist
`20:1
`expect
`6:14
`experience
`16:1,2,7 17:10
`expert
`10:16 13:7,14
`15:17 16:15
`experts
`16:14 17:21
`expires
`21:15
`extensive
`12:14
`E-mail
`7:21 10:1 13:18
`15:2
`E-mailing
`9:13
`
`F
`
`F 2
`
`:13
`facilitate
`
`directly
`6:4
`disclosed
`12:3
`disclosure
`11:14
`discovery
`6:6 11:2,3,9 12:6
`discuss
`5:1 7:13 9:16
`20:7
`discussed
`5:9,17 15:14
`DISCUSSIONS
`3:3,4,9
`diseases
`13:1 16:18
`district
`6:13
`document
`3:9 10:18 14:8,9
`14:12,19
`documentation
`18:4
`documents
`10:3 14:6 15:4,10
`16:21 17:16,17
`17:19 18:13
`19:22
`dose
`10:11,13 12:11
`Dr
`10:15 15:7,11,16
`15:22 16:14,16
`16:22
`draw
`17:13
`due
`6:7 8:1,18 9:3,6
`9:11 17:8
`DUNNER
`2:7
`duplicative
`8:17
`D.C
`2:9
`
`E
`
`counsel
`9:17 10:2 15:3
`21:9
`couple
`17:14
`course
`5:9
`court
`4:7,14,17 6:13
`8:16
`currently
`6:10
`
`D
`
`D 4
`
`:1
`data
`15:15
`date
`6:13 8:1 9:6 19:2
`19:4
`dates
`3:19 8:8 9:3,11
`17:8
`day
`20:16 21:13
`days
`7:9
`decades
`17:4
`decision
`10:5 12:20 13:3
`declarant
`15:6,7
`declaration
`15:5 18:6
`default
`20:4
`Delaware
`5:16 6:18
`denied
`6:20 12:4
`deposition
`18:10
`depositions
`18:2
`different
`6:1
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`CONFERENCE CALL
`CONDUCTED ON WEDNESDAY, JANUARY 21, 2015
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`24
`
`13:10
`med
`12:16
`Medac
`1:8 4:11 6:9
`Medac's
`8:14
`meet
`14:4 17:13,14
`18:3,17
`meeting
`14:14
`mention
`19:14
`mentioned
`8:3 13:17
`Methotrexate
`10:10,11,20 12:9
`12:11 13:8 15:9
`16:1,7,17 17:1
`mgs
`10:12 13:12
`16:10
`mid
`6:12
`middle
`6:7
`mill
`13:12 16:10
`mind
`18:3
`modifications
`9:3,6
`modifying
`9:10
`morning
`4:2,5,9
`Mossey
`2:15 4:11
`motion
`6:9,12,16,19,20
`8:15,20 9:21
`11:3,4 12:5
`14:17,18,20
`16:12
`motions
`5:3 6:6,14 7:6,11
`
`20:9,13
`Judges
`4:3
`
`K
`
`K 2
`
`1:2
`keep
`18:2
`KLINISCHE
`1:9
`know
`12:19 18:11
`
`L
`
`large
`12:21,22
`laws
`15:19,19
`LEO
`1:4,5
`let's
`4:22 7:4
`LILLIAN
`2:5
`Lilly
`4:6 19:14
`line
`4:3,7,10
`litigation
`5:7,9,15 6:5,12
`LLP
`2:7,16
`looking
`16:5 17:4
`
`M
`
`M 2
`
`:5
`manipulated
`16:17,22
`March
`6:13 8:3,18
`matters
`5:4,18,22,22,22
`MBH
`1:9
`mean
`
`17:18 21:10
`interrupt
`13:10
`invention
`13:15
`invite
`14:15
`involved
`5:7 10:16
`involving
`5:7 6:5
`IPR
`6:5 8:21 11:2
`IPR2014-01091
`1:6
`issue
`5:11 8:19 9:17
`11:6 14:5 15:14
`18:4
`issues
`19:20
`
`J
`JACQUELINE
`1:15
`JAMES
`2:13
`January
`1:16 21:14,15
`Jenkins
`2:4 4:6
`Jersey
`8:4
`Jim
`4:10
`Job
`1:20
`JR
`2:13
`judge
`3:8,13,18,19 4:2,3
`4:13,19 5:12,21
`6:13,17,20,21
`7:3,12 8:11 9:1
`10:22 13:16,20
`14:3 17:12
`18:16,22 19:7,9
`19:12,16,21
`
`6:3 7:16,20 8:9
`8:21 9:16,19
`11:1 12:8 13:9
`14:1,2,22 15:1
`15:13 16:14
`17:3 18:8,20,21
`19:6,11,15 20:8
`20:11,15
`HONORABLE
`1:14
`
`I
`
`IL-10
`10:10
`imagine
`12:15
`include
`11:19
`included
`17:22 18:6
`including
`12:15 16:19
`incredibly
`13:13 16:3
`indicate
`14:12
`indicated
`6:2 11:16
`indicating
`7:5 15:11 16:22
`information
`11:20 12:1 14:10
`15:20 16:4 17:6
`17:19 18:5
`initial
`20:7
`injection
`10:20 15:9 17:2
`injunction
`6:10,16,19 8:2,14
`8:20
`institution
`10:5 12:20 13:3
`instruction
`18:16
`intend
`5:3
`interest
`
`Grint
`10:6,8 11:13 12:2
`12:3,10,21
`17:22
`guess
`7:20
`guide
`20:5
`
`H
`
`H 2
`
`:4 3:21
`Haley
`2:13 3:6,10,12,14
`3:16 4:9,10 5:13
`5:14 6:18 7:19
`9:11,18 10:8
`11:16 12:7
`13:10,11,17,19
`14:1,5,13,15
`15:1 16:8,13
`17:15 18:8,20
`19:5,7,8 20:11
`20:16
`Haley's
`17:18
`half
`10:11
`hand
`21:13
`hear
`6:14
`heard
`17:12 18:1
`hearing
`8:2,6
`Henderson
`2:6 19:19
`hereunto
`21:12
`highly
`17:6
`HIPAA
`15:19
`honest
`8:21
`Honor
`4:5,9,18 5:6,14
`
`PLANET DEPOS
`888.433.3767 | WWW.PLANETDEPOS.COM
`
`Page 25 of 29
`
`

`
`CONFERENCE CALL
`CONDUCTED ON WEDNESDAY, JANUARY 21, 2015
`
`25
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`