Transcript of the Testimony of Paul Laskar
`
`Date: March 25, 2016
`
`Case: Innpharma Licensing, Inc., et al. v. Senju Pharmaceutical Co.,
`LTD., et al.
`
`Ace-Federal Reporters, Inc.
`Phone: 202-347-3700
`Fax: 202-737-3638
`Email: info@acefederal.com
`Internet: www.acefederal.com
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`Page 1 of 209
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`SENJU EXHIBIT 2272
`INNOPHARMA v. SENJU
`IPR2015-00903
`
`
`
`Date: March 25, 2016
`
`Case: Innpharma Licensing, Inc., et al. v. Senju Pharmaceutical Co.,
`LTD., et al.
`
`Ace-Federal Reporters, Inc.
`Phone: 202-347-3700
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`SENJU EXHIBIT 2272
`INNOPHARMA v. SENJU
`IPR2015-00903
`
`
`
`Paul Laskar
`
`Innpharma Licensing, Inc., et al. v. Senju Pharmaceutical Co., LTD., et al.
`
`March 25, 2016
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`Page 1
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` IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
` Case IPR2015-00902 (Patent 8,669,290 B2)
` Case IPR2015-00903 (Patent 8,129,431 B2)1
`
`INNOPHARMA LICENSING, INC., )
`INNOPHARMA LICENSING LLC, )
`INNOPHARMA INC., INNOPHARMA LLC, )
`MYLAN PHARMACEUTICALS INC., )
`and MYLAN INC., )
` Petitioner, )
` v. )
`SENJU PHARMACEUTICAL CO., LTD., )
`BAUSCH & LOMB, INC., and )
`BAUSCH & LOMB PHARMA HOLDINGS )
`CORP., )
` Patent Owner. )
`-----------------------------------)
` VIDEOTAPED DEPOSITION OF PAUL LASKAR, PH.D.
` Friday, March 25, 2016, 8:19 a.m.
` Charlotte, North Carolina
`Court Reporter: Nancy J. Martin, California CSR, RMR
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`Page 2 of 209
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`Paul Laskar
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`Innpharma Licensing, Inc., et al. v. Senju Pharmaceutical Co., LTD., et al.
`
`March 25, 2016
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`Page 2
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` Deposition of PAUL LASKAR, PH.D., a witness
`called on behalf of Patent Owner, before Nancy J.
`Martin, Notary Public, in and for the state of
`North Carolina, at Alston & Bird, 101 South Tryon
`Street, Suite 4000, Charlotte, North Carolina, on
`Friday, March 25, 2016, commencing 8:19 a.m.
`
` -oOo-
` A P P E A R A N C E S
`
` ON BEHALF OF THE PATENT OWNER:
` FINNEGAN, HENDERSON, FARABOW, FARRABOW,
` GARRETT & DUNNER, LLP.
` JUSTIN J. HASFORD, ESQUIRE
` BRADLEY J. MOORE
` 901 New York Avenue NW
` Washington, D.C. 20001
` (202) 408-4000
`
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`Paul Laskar
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`Innpharma Licensing, Inc., et al. v. Senju Pharmaceutical Co., LTD., et al.
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`March 25, 2016
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`Page 3
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`APPEARANCES (CONTINUED):
`
` ON BEHALF OF THE PETITIONER:
`
` ALSTON & BIRD LLP
` JITENDRA "JITTY" MALIK, PH.D., ESQUIRE
` H. JAMES ABE, ESQUIRE
` 4721 Emperor Boulevard
` Suite 400
` Durham, North Carolina 27703
` (919) 862-2210
`
`
` ALSO PRESENT:
` BRUCE MOODY, LEGAL VIDEOGRAPHER
`
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`Paul Laskar
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`Innpharma Licensing, Inc., et al. v. Senju Pharmaceutical Co., LTD., et al.
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`March 25, 2016
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`Page 4
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` I N D E X
`WITNESS/EXAMINATION Page
`PAUL LASKAR, PH.D.
` By Mr. Hasford 11, 185
` By Dr. Malik 165
`
` E X H I B I T S
`No. Description Page
`Exhibit 2264 Patent Owner's Notice of 12
` Cross-Examination of
` Dr. Paul A. Laskar, Ph.D.,
` IPR2015-00902 (Patent 8,699,290 B2)
` 4 pages
`Exhibit 2265 Patent Owner's Notice of 12
` Cross-Examination of
` Dr. Paul A. Laskar, Ph.D.,
` IPR2015-00903 (Patent 8,129,431 B2)
` 4 pages
`Exhibit 2266 Deposition transcript of Clayton 119
` Heathcock, Ph.D. taken
` February 19, 2016, 273 pages
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`Paul Laskar
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`Innpharma Licensing, Inc., et al. v. Senju Pharmaceutical Co., LTD., et al.
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`March 25, 2016
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`Page 5
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` E X H I B I T S
`No. Description Page
`Exhibit 2267 Reply Expert Report of 134
` Stephen G. Davies, D. Phil,
` 25 pages
`
`Exhibit 2268 Deposition transcript of 141
` Robert C. Cykiert, M.D., taken
` February 26, 2016, 173 pages
`Exhibit 2269 Assessing Antioxidant and 148
` Prooxidant Activities of Phenolic
` Compounds, 8 pages
`Exhibit 2270 U.S. Patent 6,265,44 B1, 156
` 10 pages
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`Paul Laskar
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`Innpharma Licensing, Inc., et al. v. Senju Pharmaceutical Co., LTD., et al.
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`March 25, 2016
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`Page 6
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` E X H I B I T S
` PREVIOUSLY MARKED AND REFERENCED HEREIN
`No. Description Page
`Exhibit 1001 U.S. Patent 8,129,431 B2, 28
` 8 pages
`Exhibit 1001 U.S. Patent 8,669,290 B2, 28
` 10 pages
`Exhibit 1004 U.S. Patent 4,910,225, 10 pages 59
`Exhibit 1011 Patent Abridgment, Australian 41
` Patent Office, AU-B-22042/88,
` 31 pages
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`Innpharma Licensing, Inc., et al. v. Senju Pharmaceutical Co., LTD., et al.
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`March 25, 2016
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` E X H I B I T S
` PREVIOUSLY MARKED AND REFERENCED HEREIN
`No. Description Page
`Exhibit 1012 U.S. Patent 6,274,609 B1, 63
` 11 pages
`
`Exhibit 1019 Comparing the Surface Chemical 51
` Properties and the Effect of
` Salts on the Cloud Point of a
` Conventional Nonionic Surfactant,
` Octoxynol 9 (Triton X-100),
` and of Its Oligomer, Tyloxapol
` (Triton WR-1339), 7 pages
`Exhibit 1052 Curriculum Vitae of Paul A. 14
` Laskar, Ph.D., 4 pages
`Exhibit 1079 Deposition transcript of 122
` Robert O. Williams III, Ph.D.,
` taken March 9, 2016, 39 pages
`Exhibit 1091 U.S. Patent 3,272,700, 47
` 5 pages
`Exhibit 1092 U.S. Patent 6,165,445, 126
` 22 pages
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` E X H I B I T S
` PREVIOUSLY MARKED AND REFERENCED HEREIN
`No. Description Page
`Exhibit 1093 U.S. Patent 5,474,760, 131
` 12 pages
`Exhibit 1104 Reply Declaration of Paul A. 13
` Laskar, Ph.D., 20 pages
`Exhibit 1105 U.S. Patent 2003/0053956 A1, 101
` 23 pages
`
`Exhibit 1148 International Patent Application, 148
` WO02/058610 A1, 66 pages
`Exhibit 1153 U.S. Patent 5,512,270, 11 pages 174
`Exhibit 2025 U.S. Patent 5,856,345, 7 pages 89
`Exhibit 2082 Declaration of Robert O. 83
` Williams III, Ph.D., 132 pages
`Exhibit 2097 Dunbrow Reference 79
`Exhibit 2105 Declaration of Stephen G. Davies, 54
` D.Phil, 56 pages
`Exhibit 2114 Deposition transcript of Paul A. 17
` Laskar, November 4, 2015,
` 327 pages
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`Paul Laskar
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`Innpharma Licensing, Inc., et al. v. Senju Pharmaceutical Co., LTD., et al.
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`March 25, 2016
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` CHARLOTTE, NORTH CAROLINA, FRIDAY, MARCH 25, 2016;
` 8:19 A.M.
` --oOo--
` P R O C E E D I N G S
` THE VIDEOGRAPHER: We're now on the record.
`Please note that the microphones are sensitive and may
`pick up whispering and private conversations. Please
`turn off all cell phones or place them away from the
`microphones as they can interfere with the deposition
`audio. Recording will continue until all parties
`agree to go off the record.
` This is the deposition of Dr. Paul A. Laskar
`in the matter of Innopharma Licensing, Inc., v. Senju
`Pharmaceuticals Company, Ltd. These are Case
`Nos. IPR2015-00902 and IPR2015-00903 before the Patent
`Trial and Appeal Board of the United States Patent and
`Trademark Office.
` This video deposition is being taken at
`Alston & Bird, LLP., 101 South Tryon Street,
`Suite 4000, Charlotte, North Carolina. The time is
`approximately 8:19 a.m. Today is March 25, 2015
`(sic). The court reporter is Ms. Nancy Martin,
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`Page 10 of 209
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`Paul Laskar
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`Innpharma Licensing, Inc., et al. v. Senju Pharmaceutical Co., LTD., et al.
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`March 25, 2016
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`Page 10
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`appearing on behalf of Ace Federal Reporters of
`Washington, D.C. The videographer is Bruce Moody,
`also appearing on behalf of Ace Federal Reporters of
`Washington, D.C.
` Counsel will please state their appearances
`for the record, and then the court reporter will swear
`in the witness.
` MR. HASFORD: Justin Hasford of Finnegan on
`behalf of patent owner, and with me is my colleague,
`Bradley Moore, also of Finnegan.
` DR. MALIK: Jitendra Malik of Alston & Bird.
`With me is my colleague, James Abe, also of Alston &
`Bird, representing petitioner.
`
` PAUL LASKAR, PH.D.,
` having been first duly sworn,
` was examined and testified as follows:
`
` THE WITNESS: I would just like to correct.
`I believe you used 2015. I think we're 2016 this
`year.
`
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`Paul Laskar
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`March 25, 2016
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`Page 11
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` CROSS-EXAMINATION
`BY MR. HASFORD:
` Q. Good morning, Dr. Laskar.
` A. Good morning.
` Q. Would you please state your name and address
`for the record.
` A. Sure. My name is Paul Laskar. I reside at
`603 Montecito Boulevard, Napa, California.
` Q. Doctor, I represent the patent owner, Senju,
`in these IPR proceedings. Today I will ask you
`questions, and all I ask is that you answer my
`questions truthfully and accurately. If you need a
`break, just let me know. But if a question is
`pending, please first answer the question, and then we
`can take a break. If for any reason you do not
`understand the question that I ask, please let me
`know. If you answer a question, I will assume that
`you understood the question. Is that okay?
` A. It is.
` Q. Is there any reason why you cannot testify
`truthfully and accurately today?
` A. No, there's no reason.
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`Innpharma Licensing, Inc., et al. v. Senju Pharmaceutical Co., LTD., et al.
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`March 25, 2016
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` MR. HASFORD: For the record, I'm handing
`Dr. Laskar and petitioner's counsel copies of
`Exhibits 2264 and 2265, which are Patent Owner's
`Notices of Cross-Examination of Dr. Paul A Laskar.
` (Deposition Exhibits 2264 and 2265
` were marked for identification.)
` MR. HASFORD: Counsel, can we stipulate that
`Dr. Laskar is here today pursuant to Exhibits 2264 and
`2265?
` DR. MALIK: Yes.
` MR. HASFORD: Counsel, can we also stipulate
`that the questions that I ask, unless otherwise
`stated, apply equally to IPR2015-00902 and
`IPR2015-00903?
` DR. MALIK: Yes. -902 and -903.
` MR. HASFORD: Let the record reflect that we
`hereby invoke the rule on witnesses pursuant to
`Federal Rule of Evidence 615 prohibiting the showing
`of the transcript of this deposition or discussing any
`of its contents with Dr. Jayne Lawrence or any other
`witness for Lupin in connection with any
`IPR proceeding involving Prolensa.
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`Innpharma Licensing, Inc., et al. v. Senju Pharmaceutical Co., LTD., et al.
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`March 25, 2016
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` DR. MALIK: And your designation is noted.
`We will follow the terms of the protective order.
` MR. HASFORD: Thank you.
` For the record, I'm handing Dr. Laskar and
`petitioner's counsel copies of Exhibit 1104 entitled
`"Reply Declaration of Paul A. Laskar, Ph.D."
` (Previously marked Exhibit 1104.)
`BY MR. HASFORD:
` Q. Is Exhibit 1104 your "REPLY DECLARATION"
`concerning U.S. Patent No. 8,129,431 and U.S. Patent
`No. 8,669,290?
` A. It certainly appears to be.
` Q. If I refer to U.S. Patent No. 8,129,431 as
`the "'431 patent," will you understand what I mean?
` A. I will.
` Q. If I refer to U.S. Patent No. 8,669,290 as
`"the '290 patent," will you understand what I mean?
` A. I will.
` Q. If I refer to Exhibit 1104 as your "reply
`declaration," will you understand what I mean?
` A. Yes, I will.
` Q. You did not yourself actually write your
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`March 25, 2016
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`Page 14
`reply declaration for these IPR proceedings; correct?
` A. I did not do the word processing for the
`totality of it.
` Q. Take a look, if you would, at the next
`exhibit that I'm going to hand you. For the record,
`I'm handing you, Dr. Laskar, and petitioner's counsel
`copies of Exhibit 1052 in IPR2015-00902.
` (Previously marked Exhibit 1052.)
`BY MR. HASFORD:
` Q. Is Exhibit 1052 in IPR2015-00902 a copy of
`your curriculum vitae?
` A. Yes.
` Q. Let's start from the last page of your
`curriculum vitae and work forward. Let me direct your
`attention to the subheading "Other," and, in
`particular, the first line.
` DR. MALIK: Outside the scope of his
`declaration.
`BY MR. HASFORD:
` Q. Let me know when you're there.
` A. I'm at the last page.
` Q. You are no longer an active registered
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`March 25, 2016
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`pharmacist; correct?
` A. That is correct.
` DR. MALIK: Move to strike. Outside the
`scope.
` Actually, just to make things easier, in
`connection with this declaration, since it is outside
`the scope of this declaration, 1104, if you just give
`me a standing objection, I won't disturb.
` MR. HASFORD: I can give you a standing
`objection. Obviously, I disagree with it, but I'll
`give you a standing objection.
` DR. MALIK: Thank you.
`BY MR. HASFORD:
` Q. You last dispensed a drug to a patient in the
`mid 1970's; correct?
` A. I think that's probably correct.
` Q. You have never dispensed any bromfenac
`product to a patient; correct?
` A. That is correct.
` Q. You have never dispensed to a patient any
`products containing tyloxapol; correct?
` A. That, I don't recall.
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` Q. Let me direct your attention to the
`subheading "Patents" in your curriculum vitae. Please
`let me know when you are there.
` A. I'm there.
` Q. You have only ever submitted two patent
`applications; correct?
` A. That is correct.
` Q. One of your two patent applications is a U.S.
`patent application, and the other of your two patent
`applications is a PCT application; correct?
` A. Yes.
` Q. Your one and only PCT application is directed
`to a method and composition for treating acne;
`correct?
` A. Yes.
` Q. The '431 and '290 patents are not related to
`methods for treating acne; correct?
` A. Yes, that is correct.
` Q. Your one and only U.S. patent application is
`directed to Quinolone compositions; correct?
` A. The U.S. patent application is directed to
`Quinolone, ophthalmic product.
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`March 25, 2016
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` Q. The '431 and '290 patents are not related to
`Quinolone compositions; correct?
` A. No. They overlap in that they're both
`ophthalmic formulation patents -- or related to
`ophthalmic formulations, I should say.
` MR. HASFORD: For the record, I am handing
`Dr. Laskar and petitioner's counsel copies of
`Exhibit 2114, which is a transcript of the
`cross-examination of Dr. Paul A. Laskar, Ph.D. taken
`in these IPR proceedings on Wednesday, November 4,
`2015.
` (Previously marked Exhibit 2114.)
`BY MR. HASFORD:
` Q. Turn, if you would, to Page 26 in
`Exhibit 2114, and let me direct your attention to
`Line 24. I ask you:
` "Q. The '431 and
` '290 patents are not
` related to quinolone
` compositions, correct?"
` MR. HASFORD: And you answered:
` "A. No, they are not."
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`Paul Laskar
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`Innpharma Licensing, Inc., et al. v. Senju Pharmaceutical Co., LTD., et al.
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`March 25, 2016
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`Page 18
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`BY MR. HASFORD:
` Q. That was the exact question that I asked you,
`and that was the exact answer that you gave; correct?
` DR. MALIK: Asked and answered.
` THE WITNESS: I don't recall what I verbally
`said, but this is -- I'm sure it is an accurate
`transcript. So I'm sure that's what I said.
` MR. HASFORD: You may put that document
`aside.
` Q. You have never filed a patent application
`involving the use of antioxidants; correct?
` A. That is correct.
` Q. Let me direct your attention to the
`subheading "Publications" in your curriculum vitae.
`It starts on Page 3 and continues to Page 4.
` A. I see that.
` Q. You have only ever authored eight peer
`reviewed publications; correct?
` A. Yes, that appears to be so. Yes.
` Q. Your last publication issued in 1993;
`correct?
` A. Yes.
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`Paul Laskar
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`Innpharma Licensing, Inc., et al. v. Senju Pharmaceutical Co., LTD., et al.
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`March 25, 2016
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`Page 19
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` Q. Your last publication which issued in 1993
`dealt with evaluation of sunscreen products; correct?
` A. Yes.
` Q. The '431 and '290 patents are not related to
`sunscreen products; correct?
` A. No, they're not related to sunscreen
`products. They're related to ophthalmic products.
` Q. You have only authored one peer reviewed
`publication since 1977; correct?
` A. Yes, that's correct.
` Q. You have never authored a peer reviewed
`publication regarding the use of antioxidants;
`correct?
` A. I have never authored a publication having to
`do with antioxidants.
` Q. Let me direct your attention to the
`subheading "Presentations" in your curriculum vitae.
`Please let me know when you are there.
` A. I'm there.
` Q. You have only ever given a total of four
`presentations; correct?
` A. That's correct.
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`Paul Laskar
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`Innpharma Licensing, Inc., et al. v. Senju Pharmaceutical Co., LTD., et al.
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`March 25, 2016
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` Q. The last presentation you gave was in 1992;
`correct?
` A. Yes --
` Q. You have never --
` A. That's correct.
` Q. I apologize. You have never given a
`presentation regarding the use of antioxidants;
`correct?
` A. No, I have not.
` Q. You have never held a faculty position beyond
`associate professor; correct?
` A. That is correct.
` Q. You have never held a faculty position in any
`chemistry department; correct?
` A. Yes, that is correct, I've never held an
`academic position in the chemistry department.
` Q. You have never held yourself out to the
`public as an expert in medicinal or organic chemistry;
`correct?
` A. That is correct. I have not held myself as
`an expert in those fields, only in pharmaceutical
`development and formulation development.
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`Paul Laskar
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`Innpharma Licensing, Inc., et al. v. Senju Pharmaceutical Co., LTD., et al.
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`March 25, 2016
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`Page 21
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` Q. You have never held yourself out to the
`public as an expert in the chemistry of antioxidants;
`correct?
` A. No, I have not held myself as an expert in
`antioxidant chemistry.
` Q. You are not familiar with the oxidative
`properties of diphenylmethane compounds; correct?
` A. Would you repeat the question, please.
` Q. Certainly. You are not familiar with the
`oxidative properties of diphenylmethane compounds;
`correct?
` A. Not explicitly. I am not terribly familiar.
` Q. You have provided opinions in these IPR
`proceedings on bromfenac products, yet you have never
`conducted any research on any bromfenac product;
`correct?
` A. I have not conducted research on bromfenac.
` Q. Aside from your work in this case, you have
`never consulted for any party regarding any bromfenac
`product; correct?
` A. I have not consulted with anyone aside from
`this case on bromfenac explicitly.
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`Paul Laskar
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`Innpharma Licensing, Inc., et al. v. Senju Pharmaceutical Co., LTD., et al.
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`March 25, 2016
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` Q. For how many years during your career did you
`formulate drug products to be marketed?
` A. Running from the present day back to 1982.
`So that would be about 34 years. 33 years and change.
` Q. You have never formulated any products
`containing bromfenac; correct?
` A. I believe I responded to that and indicated
`that I have not formulated bromfenac.
` Q. You have never formulated any marketed
`ophthalmic NSAID product containing tyloxapol;
`correct?
` A. I have not formulated any NSAID product that
`contains tyloxapol, that's correct.
` Q. Tyloxapol and polysorbate 80 both contain
`oxyethylene chains; correct?
` A. Yes, they do.
` Q. You have a bachelor of arts degree in general
`science; correct?
` A. Yeah, that is correct.
` Q. Was your bachelor of arts degree in
`general -- I apologize. Did you have something else
`to say?
`
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`Paul Laskar
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`Innpharma Licensing, Inc., et al. v. Senju Pharmaceutical Co., LTD., et al.
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`March 25, 2016
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`Page 23
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` A. I said yes, that is one of the degrees I
`have.
` Q. Was your bachelor of arts degree in general
`science different from your bachelor's degree in
`chemistry?
` A. Yes, it is different in that it lacks the
`required number of hours within the chemistry major to
`qualify for a chemistry degree.
` Q. You also do not have a master's degree in
`chemistry; correct?
` A. No, I have a master's degree in pharmacy.
` Q. You also do not have a Ph.D. degree in
`chemistry; correct?
` A. No. My Ph.D. degree is in pharmaceutical
`sciences.
` Q. You have never been qualified by the patent
`office as an expert in chemistry; correct?
` A. No, I have not.
` Q. You have never been qualified by any court as
`an expert in chemistry; correct?
` A. I'm not quite sure what that means, but if
`there's a particular qualification, that would be
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`Innpharma Licensing, Inc., et al. v. Senju Pharmaceutical Co., LTD., et al.
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`March 25, 2016
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`correct. I don't have any particular court appointed
`qualification.
` Q. You have never published anything in the
`Journal of the American Chemical Society; correct?
` A. I have not published in that journal.
` Q. You are not a member of the American Chemical
`Society; correct?
` A. No, I am not a member of that society.
` Q. You have never consulted for the FDA;
`correct?
` A. I have never consulted for the FDA. No, I
`have not.
` Q. You are not an expert in FDA regulatory law;
`correct?
` A. I am very familiar with regulatory law, and
`I'm not exactly sure what you mean by expert in that
`context.
` Q. You have never been qualified as an expert in
`FDA regulatory law; correct?
` A. Can you enlighten me as to what sort of
`qualification that might be?
` Q. You have never been qualified by any court or
`
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`March 25, 2016
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`Page 25
`by the patent office as an expert in FDA regulatory
`law; correct?
` A. Neither of those two organizations have
`qualified me in that regard.
` Q. You are absolutely not an expert in patent
`law; correct?
` A. I'm absolutely not an expert in patent law.
` Q. Are you familiar with alkylphenols?
` A. I am.
` Q. How many different alkylphenols could
`possibly exist?
` A. Quite a number.
` Q. Do you know how many?
` A. At this moment, I would be severely
`speculating if I were to give you any number.
` Q. Are you familiar with amide, a-m-i-d-e,
`groups?
` A. I am.
` Q. Amide groups are hydrolyzable; correct?
` A. Yes, they are, in general, hydrolyzable.
` Q. Are you familiar with free radical
`scavengers?
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`Paul Laskar
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`Innpharma Licensing, Inc., et al. v. Senju Pharmaceutical Co., LTD., et al.
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`March 25, 2016
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`Page 26
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` A. I am familiar as a formulator with free
`radical scavengers.
` Q. Do all free radical scavengers function as
`antioxidants?
` A. Of those that I work with as a formulator,
`that is -- the free radical scavengers are -- their
`purpose in the formulations for which I work are as
`antioxidants.
` Q. Free radicals may catalyze hydrolysis;
`correct?
` DR. MALIK: Incomplete hypothetical.
` THE WITNESS: I suppose it is remotely
`possible that that's a possibility. I would not --
`cannot at this point in time give you mechanistic
`discussion about how that might occur.
`BY MR. HASFORD:
` Q. Please turn to the front page of your reply
`declaration. Preliminarily, you will note that in
`your reply declaration there are two sets of page
`numbers. There is a set of page numbers at the bottom
`right-hand corner of each page that starts on the
`front cover with Page 1 and uses the designation page
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`Paul Laskar
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`Innpharma Licensing, Inc., et al. v. Senju Pharmaceutical Co., LTD., et al.
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`March 25, 2016
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`Page 27
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`and then a number. Do you see that?
` A. I do.
` Q. And then there's a second set of page numbers
`that is on the lower center of each page that runs one
`number behind the page numbers on the lower right-hand
`corner of each page. Do you see that?
` A. I see the centered numbers.
` Q. When I refer to page numbers in your
`declaration, I will try to refer to the centered
`numbers. If you have any question, please let me
`know.
` A. Okay.
` Q. So let's turn back to the front page of your
`reply declaration, please. You identify the '431 and
`'290 patents on the front page of your reply
`declaration. Do you see that?
` A. I do.
` MR. HASFORD: For the record, I'm handing
`Dr. Laskar and petitioner's counsel copies of
`Exhibit 1001 in IPR2015-00903, which is the '431
`patent.
` DR. MALIK: Thank you.
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`Innpharma Licensing, Inc., et al. v. Senju Pharmaceutical Co., LTD., et al.
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`March 25, 2016
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`Page 28
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` MR. HASFORD: You're welcome.
` (Previously marked Exhibit 1001.)
`BY MR. HASFORD:
` Q. You have reviewed the '431 patent in
`connection with your opinions in this IPR proceedings;
`is that correct?
` A. Yes, I have reviewed the '431 patent.
` MR. HASFORD: You can put that to the side
`for a moment. We will get back to it shortly.
` For the record, I'm handing Dr. Laskar and
`petitioner's counsel copies of Exhibit 1001 in
`IPR2015-00902, which is the '290 patent.
` (Previously marked Exhibit 1001.)
` DR. MALIK: Thank you.
` MR. HASFORD: You're welcome.
`BY MR. HASFORD:
` Q. You have reviewed the '290 patent in
`connection with your opinions in these
`IPR proceedings; correct?
` A. Yes, I have.
` Q. Please turn to the claims of the '431 and
`'290 patents. The claims of the '431 patent begin at
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`Paul Laskar
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`Innpharma Licensing, Inc., et al. v. Senju Pharmaceutical Co., LTD., et al.
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`March 25, 2016
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`Column 11.
` The claims of the '290 patent begin at
`Column 12. Please review those. Take as much time as
`you need, and let me know when you're ready.
` (The witness reviewed Exhibit 1001.)
` THE WITNESS: I reviewed the claims in both
`the '290 and the '431 patents.
`BY MR. HASFORD:
` Q. I'm going to ask you some questions about the
`claim formulations of the '431 and '290 patents, but I
`would like to ask you some preliminary questions
`first. Okay?
` A. Okay.
` Q. How do metals differ from metal cations?
` DR. MALIK: Incomplete hypothetical.
` THE WITNESS: Metal cation, in as much as it
`says, "cation," means that it is a positively charged
`version of whatever element that might be, and the
`metal per se would be that element in an uncharged
`state.
`BY MR. HASFORD:
` Q. Do the claimed formulations of the '431 and
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