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`UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`Case IRP2015-00990 and IPR 2015-01093
`Patent 7,056,886
`-----------------------------------x
`COALITION FOR AFFORDABLE DRUGS II LLC,
`Petitioner,
`
`- against -
`
`NPS PHARMACEUTICALS, INC.,
`Patent Owner.
`-----------------------------------x
`March 23, 2016
`9:42 a.m.
`
`** HIGHLY CONFIDENTIAL **
`
`Videotaped Deposition of GORDON
`RAUSSER, Ph.D., taken by Petitioner,
`pursuant to Notice, held at the offices of
`Troutman Sanders LLP, 875 Third Avenue,
`New York, New York, before Jineen Pavesi,
`a Registered Professional Reporter,
`Registered Merit Reporter, Certified
`Realtime Reporter and Notary Public of the
`State of New York.
`
`CFAD Exhibit 1077
`CFAD v. NPS
`IPR2015-00990
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`Case IRP2015-00990 and IPR 2015-01093
`Patent 7,056,886
`-----------------------------------x
`COALITION FOR AFFORDABLE DRUGS II LLC,
`Petitioner,
`
`- against -
`
`NPS PHARMACEUTICALS, INC.,
`Patent Owner.
`-----------------------------------x
`March 23, 2016
`9:42 a.m.
`
`** HIGHLY CONFIDENTIAL **
`
`Videotaped Deposition of GORDON
`RAUSSER, Ph.D., taken by Petitioner,
`pursuant to Notice, held at the offices of
`Troutman Sanders LLP, 875 Third Avenue,
`New York, New York, before Jineen Pavesi,
`a Registered Professional Reporter,
`Registered Merit Reporter, Certified
`Realtime Reporter and Notary Public of the
`State of New York.
`
`CFAD Exhibit 1077
`CFAD v. NPS
`IPR2015-00990
`
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`Page 2
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`A P P E A R A N C E S :
`
`MERCHANT & GOULD P.C.
`191 Peachtree Street N.E.
`Suite 3800
`Atlanta, Georgia 30303
` Attorneys for Petitioner
`BY: JEFFREY D. BLAKE, ESQ.
` jblake@merchantgould.com
`
`TROUTMAN SANDERS LLP
`875 Third Avenue
`New York, New York 10022
` Attorneys for Patent Owner
`BY: JOSEPH R. ROBINSON, ESQ.
` joseph.robinson@troutmansanders.com
` HEATHER MOREHOUSE ETTINGER, Ph.D.,
` ESQ.
` heather.ettinger@troutmansanders.com
`
`ALSO PRESENT:
`MARGO FURMAN, Ph.D, JD, Shire
`DEVERELL WRITE, The Video Technician
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`212-279-9424
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`Veritext Legal Solutions
`www.veritext.com
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`212-490-3430
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` THE VIDEO TECHNICIAN: We are
`on the record.
` Please note that the
`microphones are sensitive and may pick up
`whispering and private conversations.
` My name is Deverell Write
`representing Veritext Legal Solutions,
`today's date is March 23, 2016, and the
`time on the video monitor is approximately
`9:42 a.m.
` This deposition is being held
`at the offices of Troutman Sanders located
`at 875 Third Avenue, New York, New York,
`and it is being taken by counsel for the
`petitioner.
` The caption of this case is
`Coalition for Affordable Drugs II LLC
`versus NPS Pharmaceuticals Incorporated,
`this case is filed in the U.S. Patent and
`Trademark Office, Case No. IPR 2015-00990,
`patent 7,056,886.
` The name of the witness is
`Dr. Gordon Rausser.
` MR. ROBINSON: It is also in
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`Page 4
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`another IPR.
` MR. BLAKE: Yes, it is also in
`IPR 2015-01093.
` MR. ROBINSON: Concerning the
`same patent.
` THE VIDEO TECHNICIAN: Thank
`you.
` At this time will counsel
`please state appearances.
` MR. BLAKE: Jeffrey Blake of
`the firm of Merchant & Gould on behalf of
`petitioner, Coalition For Affordable Drug
`Products II LLC.
` MR. ROBINSON: Joseph Robinson,
`Heather Ettinger and Margo Furman on
`behalf of patent owner NPS
`Pharmaceuticals.
`G O R D O N R A U S S E R,
`having first been duly sworn by a Notary
`Public of the State of New York, was
`examined and testified as follows:
`EXAMINATION BY
`MR. BLAKE:
` Q. Good morning, Mr. Rausser.
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` RAUSSER - HIGHLY CONFIDENTIAL
` A. Good morning.
` Q. My name is Jeff Blake, I am the
`attorney here on behalf of the petitioner
`in the two IPRs for which you're giving
`deposition testimony today.
` Let me start out by asking,
`have you been deposed before?
` A. Yes.
` Q. Approximately how many times?
` A. I have not kept count, but more
`than a hundred, less than 300.
` Q. Fair enough.
` So you're generally familiar
`with the rules, but I will just give you
`some of the basics today.
` I'm going to be asking you
`questions today, I would ask that you not
`interrupt me while I'm asking the
`questions and I'll similarly not interrupt
`you when you're providing the answers.
` Is that acceptable?
` A. Yes.
` Q. Your counsel from time to time
`may raise objections; unless he instructs
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` RAUSSER - HIGHLY CONFIDENTIAL
`you not to answer, I would ask that you
`answer the question after hearing the
`objection.
` Is that fair?
` A. Yes.
` Q. From time to time I'll take
`breaks in the testimony, but you're of
`course welcome to ask for a break; the
`only thing that I would say is that we not
`take a break while there is a question
`pending unless it is for you to discuss a
`matter of attorney-client privilege with
`your counsel.
` Agreed?
` A. Yes.
` MR. BLAKE: Mark that Rausser 1
`and Rausser 2.
` (Rausser Exhibit 1, document
`entitled "Petitioner's Notice of
`Deposition of Gordon Rausser, Ph.D.,
`Pursuant to 37 C.F.R. Section 42.53 (d)
`(4)," and it is a notice provided in IPR
`2015-00990, was marked for identification,
`as of this date.)
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` RAUSSER - HIGHLY CONFIDENTIAL
` (Rausser Exhibit 2, document
`titled "Petitioner's Notice of Deposition
`of Gordon Rausser, Ph.D., Pursuant to 37
`C.F.R. Section 42.53 (d) (4)," in IPR
`2015-01093, was marked for identification,
`as of this date.)
` Q. Dr. Rausser, you have been
`handed two exhibits, the first of which is
`entitled "Petitioner's Notice of
`Deposition of Gordon Rausser, Ph.D.,
`Pursuant to 37 C.F.R. Section 42.53 (d)
`(4), and it is a notice provided in IPR
`2015-00990.
` You've also been handed what
`has been marked as Rausser Exhibit 2, a
`document titled "Petitioner's Notice of
`Deposition of Gordon Rausser, Ph.D.,
`Pursuant to 37 C.F.R. Section 42.53 (d)
`(4)," in IPR 2015-01093.
` Mr. Rausser, have you seen
`either of these documents before?
` A. Yes.
` Q. Are these the notice of
`depositions pursuant to which you're
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` RAUSSER - HIGHLY CONFIDENTIAL
`providing your testimony here today?
` A. Yes.
` Q. You understand you're providing
`testimony that will be relevant to both of
`the two IPRs that relate to the same
`patent?
` A. Yes.
` Q. If it is okay with you, I'll
`refer to the first one as the 990 IPR,
`which is the last three digits in the
`case, and I'll refer to the second IPR as
`the 1093 IPR, which is the second number,
`is that okay?
` A. Yes.
` Q. You can put aside those two
`exhibits then.
` (Witness complying.)
` MR. BLAKE: I'll mark Rausser
`Exhibit 3.
` (Rausser Exhibit 3, document
`titled "Declaration of Gordon Rausser
`Ph.D., under 37 C.F.R. Section 1.68, In
`Support of Patent Owner's Response to the
`Petition", was marked for identification,
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` RAUSSER - HIGHLY CONFIDENTIAL
`as of this date.)
` (Witness perusing document.)
` Q. I've handed you now what's
`marked Rausser Exhibit 3, it is a document
`titled "Declaration of Gordon Rausser
`Ph.D., under 37 C.F.R. Section 1.68, In
`Support of Patent Owner's Response to the
`Petition," marked as part of the 990 IPR,
`and marked as NPS Exhibit 2041, do you see
`that, the bottom right-hand corner?
` A. Yes, I do.
` Q. Do you recognize this document?
` A. Yes.
` Q. What is it?
` A. It is my declaration.
` Q. As part of the 990 IPR?
` A. Yes.
` MR. ROBINSON: Objection.
` You didn't give him the
`complete document, the document consists
`of the declaration and a bunch of exhibits
`which are part of the declaration, they
`are not included in Exhibit 3; I just want
`the record to reflect that.
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` RAUSSER - HIGHLY CONFIDENTIAL
` MR. BLAKE: We'll stipulate
`that the record is just the declaration
`without the exhibits.
` MR. ROBINSON: Thank you.
` (Rausser Exhibit 4, document
`titled "Errata to Declaration of Gordon
`Rausser Ph.D.," Case IPR 2015-00990, was
`marked for identification, as of this
`date.)
` (Witness perusing document.).
` Q. Dr. Rausser, I've handed you
`what's now marked Rausser Exhibit 4.
` A. Yes.
` Q. Which is a document titled
`"Errata to Declaration of Gordon Rausser
`Ph.D.," and it is identified as being in
`case IPR 2015-00990.
` Do you recognize this document?
` A. Yes.
` Q. What is it?
` A. This is an errata that simply
`makes a number of corrections to
`typographical errors, editing errors.
` Q. Okay.
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` RAUSSER - HIGHLY CONFIDENTIAL
` And these are corrections to
`Rausser Exhibit 3, is that correct?
` A. That is correct.
` Q. And you prepared this document
`yesterday?
` A. Yes.
` Q. When you were reviewing your
`declaration in preparation for your
`deposition?
` A. Yes.
` Q. The second line here in the
`errata sheet refers to paragraph 64 of
`Rausser 3, do you see that; paragraph 63?
` A. Yes, thank you.
` Q. 63, is that right?
` A. Yes.
` Q. Referring to lines 3 and 4, can
`we turn to paragraph 63 for a moment in
`Rausser Exhibit 3.
` A. Certainly.
` (Witness complying.)
` A. I'm there, paragraph 63.
` Q. I'm focusing for the moment on
`Rausser 4, the errata sheet, paragraph 63,
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` RAUSSER - HIGHLY CONFIDENTIAL
`lines 3 and 4, where it says "remove '(of
`which Gattex - along with Revestive, the
`name for Gattex outside of the U.S. - was
`the only one.)'"
` Do you see that?
` A. Yes.
` Q. So my understanding would be
`that you would in this, what would be the
`second sentence of paragraph 63, you would
`just strike the parenthetical, is that
`right?
` (Witness perusing document.)
` A. The second paragraph of 63?
` Q. Excuse me; the second sentence
`of paragraph 63, my understanding of your
`errata is that you're just striking the
`parenthetical from that sentence, is that
`right?
` A. That portion that's within
`parenthesis, that is correct.
` Q. Okay.
` So the sentence correctly
`should read "Shire's Q1 2015 Form 10-Q
`assigns to 'currently marketed products' a
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` RAUSSER - HIGHLY CONFIDENTIAL
`total value of $4.7 billion," is that
`right?
` A. That is correct.
` Q. And you took the parenthetical
`out because Gattex and Revestive were not
`the only currently marketed products at
`that time?
` A. On the verge of; there was a
`new product that was being launched almost
`simultaneously.
` Q. Natpara?
` A. Yes.
` Q. So Natpara would have been part
`of the total value of $4.7 billion that
`was listed in the 10-Q at that time by
`Shire, is that correct?
` A. Not quite; in the 10-Q it
`doesn't separate the amount, it just
`simply refers to commercial products.
` Q. It refers to currently marketed
`products?
` A. That's exactly what it does.
` Q. And Natpara would have been
`included in that reference to currently
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` RAUSSER - HIGHLY CONFIDENTIAL
`marketed products, correct?
` A. Yes, correct.
` (Rausser Exhibit 5, Document
`titled "Declaration of Gordon Rausser,
`Ph.D., under 37 C.F.R. Section 1.68, In
`Support of Patent Owner's Response to the
`Petition," IPR 2015-01093, was marked for
`identification, as of this date.).
` Q. Dr. Rausser, I've handed you
`what's marked as Rausser Exhibit 5, it is
`titled "Declaration of Gordon Rausser,
`Ph.D., under 37 C.F.R. Section 1.68, In
`Support of Patent Owner's Response to the
`Petition," and it is identified as being
`part of IPR 2015-01093.
` A. Yes.
` Q. Do you see that?
` A. I do.
` Q. Do you recognize this document?
` A. Yes, it is my declaration
`without all the exhibits and materials
`relied upon.
` Q. In the 1093 IPR, correct?
` A. Yes.
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` RAUSSER - HIGHLY CONFIDENTIAL
` MR. ROBINSON: And the exhibits
`were not part of the -- the exhibits to
`the declaration were not part of the
`deposition exhibits.
` MR. BLAKE: Agreed, it is just
`the declaration.
` MR. ROBINSON: One other thing;
`the errata should apply to the same
`declaration, to the other declaration
`also, the corresponding paragraphs.
` MR. BLAKE: Okay, yes, that's
`my question.
` Q. The errata does apply to the
`1093 IPR?
` A. Yes, it does.
` Q. Exact same paragraphs?
` A. Yes.
` MR. ROBINSON: Corresponding to
`the numbers; if the numbering is off a
`drop --
` MR. BLAKE: That's what I
`wanted to check.
` MR. ROBINSON: And that I
`haven't checked myself.
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` RAUSSER - HIGHLY CONFIDENTIAL
` MS. ETTINGER: We're in the
`process of checking.
` A. Well, for 63 it is exactly the
`same.
` Q. Okay.
` So the corrections to paragraph
`63 in Rausser 4 would apply to Rausser 5?
` A. Yes, sir.
` Q. Okay.
` MR. ROBINSON: I apologize for
`any inconvenience or confusion.
` MR. BLAKE: Not a problem.
` Q. We'll just close the loop on
`this quickly; with your 1093 declaration,
`Rausser 5, if we look at paragraph 7 on
`page 4 --
` A. I'm sorry, you're asking me
`about Exhibit 5 now?
` Q. Yes, please.
` A. Yes, and?
` Q. Paragraph 7 on page 4.
` (Witness perusing document.)
` A. Yes.
` Q. Line 8, where it reads
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` RAUSSER - HIGHLY CONFIDENTIAL
`"December 30th of 2000," per your errata,
`should that in Rausser Exhibit 5 read
`December 30th of 1999?
` A. Yes.
` Q. Okay.
` If we stay in Rausser Exhibit 5
`and turn to page 43 --
` A. Page 43?
` Q. Yes, please.
` (Witness complying.)
` A. Yes.
` Q. Do you know what, I'll skip
`that, because I am not sure if you would
`even know right off the top if the exhibit
`numbers match up.
` MR. BLAKE: Joe, if you'll just
`confirm with me.
` MR. ROBINSON: We'll confirm at
`the break.
` A. They do.
` Q. They do, okay.
` A. With one exception.
` Q. What's the one exception?
` A. I don't recall specifically,
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`but there is one exception.
` Q. Okay.
` Substantively, is your
`declaration in Rausser 5 different from
`your declaration in Rausser 3?
` A. No.
` Q. If it is okay with you, we'll
`just refer to Rausser 3 and work off of
`that and if there is any point in time we
`come across where the two are different,
`then we can address it at that point in
`time, is that fair?
` A. Yes indeed; otherwise we're
`going to both bore each other.
` Q. I have a feeling we might not
`be able to avoid that.
` MR. ROBINSON: I find it
`vexing.
` Q. Other than your errata sheets
`for the two declarations, do you have any
`additional new testimony that you want to
`provide that's not recorded in what's
`stated forth in your declaration?
` A. New testimony?
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` Q. Yes.
` A. No.
` Q. In preparation of your
`declaration, did you talk to Shire's
`expert, Dr. Carpenter?
` A. No.
` Q. Have you talked to him since
`then?
` A. No.
` Q. In preparation for your
`declarations, either Rausser 3 or Rausser
`5, did you talk to any physicians
`concerning their prescribing habits with
`Gattex?
` A. No, but my project manager did.
` Q. Who was that?
` A. That's Dr. Marty Kovach.
` Q. How do you spell his name?
` A. K-O-V-A-C-H.
` Q. Marty, M-A-R-T-Y?
` A. Yes.
` Q. K-O-V-A-C-H.
` A. Yes.
` Q. So Dr. Kovach spoke to a
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`physician as part of preparation of your
`declaration?
` A. Yes.
` Q. Why?
` A. Just for general information,
`nothing specific.
` Q. General information about what?
` A. About the prescribing patterns
`of the specific requirements, the
`specialty pharmacies, their dealings with
`the specialty pharmacies.
` Q. But you yourself didn't talk to
`this physician?
` A. Correct.
` Q. Did Dr. Kovach talk to more
`than one physician for purposes of --
` A. Not that I recall.
` Q. Who was the physician that
`Dr. Kovach spoke with?
` A. I have no direct knowledge of
`the person's name, I haven't seen any
`notes, just a verbal representation.
` Q. Is the information that was
`relied on by the physician reflected in
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`your declaration?
` A. It was consistent with what we
`had already discovered from the public
`domain.
` Q. What did the physician tell you
`or tell Dr. Kovach?
` A. The difficulties with regard to
`approval, the difficulties with respect to
`the third-party payer, the responsiveness
`of third-party payers.
` There may have been some
`information with regard to where the
`therapy sat on the formulary.
` It was just a general
`conversation.
` There may have also been, once
`again, consistent with the public record,
`issues with regard to the restrictions on
`the label; one in particular, how long the
`patient had been subject to PN.
` Q. By PN you mean parenteral
`nutrition?
` A. Yes.
` Q. What was that particular
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`restriction with regard to how long the
`patient had been subject to PN?
` A. My recollection, that it was a
`period of at least one year.
` Q. How did that play into your
`analysis?
` A. How did it play into my
`analysis or are we back to the ---
` Q. How did it play into your
`analysis?
` A. It is in my report, it is in my
`declaration.
` Q. Do you remember?
` A. Certainly I remember.
` Q. What is it?
` A. It plays in terms of the
`available patient population that can in
`fact consider this as an option for their
`therapy and if a patient has not been on
`PN for at least a year, they would not be
`eligible for a prescription.
` Q. Assuming the patient size
`population, you would exclude any
`patients --
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` A. I'm sorry, I couldn't hear you.
` Q. In determining the size of the
`potential patient population for Gattex,
`you were excluding one who has been on PN
`less than one year?
` A. No, I wouldn't.
` Q. You would not?
` A. No, because they are going to
`come off in one year; if we're talking
`about at a particular time, yes, I would.
` If I'm looking out over the
`next five years, no, I wouldn't.
` Q. Well, when you were determining
`the size of the patient population to be
`approximately 3 to 5,000 patients in your
`declaration, did you include patients who
`had not yet been on PN for one year?
` A. I don't think you have that
`kind of detailed attributes and
`characteristics with regard to the 3 to
`5,000, I've never seen anything in the
`public domain that says this 3 to 5,000 is
`specifically -- meets all the
`requirements of the FDA label with regard
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`to the use of Gattex.
` These are patients that
`potentially would find this therapy of
`some direct value.
` Q. Sure.
` But in determining the 3 to
`5,000 number, you don't know if that
`includes or excludes patients who have
`been on PN less than one year?
` A. I don't, and I don't believe
`the person that put out the 3 to 5,000
`patients does either.
` Q. Did you talk to that person?
` A. No, I did not.
` Q. So you don't know --
` A. No, but I do know that
`initially there was a much higher number
`well prior to launch and it was
`subsequently revised in both the NPS and
`Shire documents.
` Q. Do you know why it was revised?
` A. I don't believe they gave an
`explanation, aside from -- I would be
`speculating because they didn't give an
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`explanation.
` Q. Did Dr. Kovach draft your
`declaration?
` A. No.
` Q. Did you draft it yourself?
` A. We jointly drafted it.
` Q. You jointly drafted it?
` A. Yes.
` Q. Did anybody else besides
`yourself and Dr. Kovach draft it?
` A. Yes.
` Q. Who else?
` A. Laura Craft also worked with
`the final drafting of the report.
` So there were three of us who
`worked on the initial draft and then it
`was passed among us to include all of the
`relevant information that related to each
`of my three assignments.
` Q. Laura, her last name, Craft,
`C-R-A-F-T?
` A. Yes.
` Q. What portion of your
`declaration that's Rausser Exhibit 3 did
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`you take responsibility for the initial
`draft?
` MR. ROBINSON: Objection, form.
` A. It can't be decompartmentalized
`that way, that's not how we work.
` Q. How do you work?
` A. We usually work with, first of
`all, I end up outlining the entire report
`in terms of what I understand the
`assignments to be.
` I outline the methodologies
`that are going to be used to perform the
`evaluation, what is missing in terms of
`the facts and/or data that we need to
`perform the analysis.
` Then there is assignments
`either to in this case Marty or Laura to
`prepare initial drafts, for example, the
`background, that draft was prepared by
`Marty. He has extraordinary experience in
`the pharmaceutical industry and in
`healthcare.
` With regard to the initial
`pulling together of the data that exists
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` RAUSSER - HIGHLY CONFIDENTIAL
`with regard to commercial success, both
`Laura and Marty worked on that jointly.
` It was then at that point
`passed back to me and we completed the
`entire draft up to the third opinion.
` Then we got together, we
`certainly spoke or they spoke to counsel
`about the interpretation of the patent,
`the patent in suit in particular, we spent
`time collecting what data existed with
`regard to marketing and promotion
`materials, whatever surveys had been done
`by doctors, and moreover, the assessment
`of the patents with regard to the
`fundamental question of a nexus, which
`appears in the third opinion.
` Q. The third opinion would be the
`nexus section of your declaration?
` A. That's what I just said, yes.
` Q. And your first opinion would be
`long-felt need, is that correct?
` A. That's correct.
` Q. And the second opinion would be
`commercial success?
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` A. Yes.
` Q. Does the nexus opinion apply to
`long-felt need and commercial success
`both?
` A. Well, it can strictly be fee
`composed, but there are certain
`complementaries without question.
` So can it, in terms of my
`analysis, I've looked first at commercial
`success given that the data supports
`commercial success, then the question is,
`is that commercial success, does it have a
`direct connection, a causal connection,
`with the patent it claims, and that's
`where my focus was; I didn't go back and
`say, oh, does this also explain the unmet
`need.
` But the unmet need in part
`explains the commercial success.
` Q. Okay.
` Have you reviewed or relied
`upon -- strike that.
` Have you relied upon any
`documents that are not cited in your
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`declaration?
` A. Not directly; I've been working
`in the pharmaceutical industry for 30
`years.
` Have I relied on my experience,
`yes; is there any specific document from
`some other engagement, whether it be a
`general consulting or litigation
`engagement, that is specific to this
`analysis, no; is there an experience base
`that I brought to bear with regard to this
`analysis, certainly.
` Q. In your 30 years of experience,
`have you ever had any experience with
`Gattex prior to this IPR?
` A. No.
` Q. Have you ever had any
`experience dealing with short bowel
`syndrome?
` A. Not that I recall.
` Q. Have you ever performed any
`litigation consulting work for NPS
`Pharmaceuticals when it was an existing
`entity?
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` A. No.
` Q. Has your company OnPoint
`Analytics ever performed any consulting
`work for NPS?
` A. They may have.
` I am not an employee of OnPoint
`Analytics; if that's important, I can
`certainly check on it, but there is work
`that is done on a consulting basis by
`various employees of OnPoint Analytics
`over which I would have no direct
`knowledge.
` Q. Do you have any business
`relationship with OnPoint Analytics?
` A. Yes.
` Q. What is it?
` A. I am co-founder of the company,
`I'm chairman of the board.
` Q. Do you do any consulting work
`yourself where you are working on behalf
`of OnPoint Analytics?
` A. Yes.
` Q. In what regard?
` A. First of all, I'm an
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`independent contractor because my
`employment is at the university.
` The university does not allow
`professors to have more than one source of
`employment, at least Berkeley doesn't.
` As a result, I am an
`independent contractor and, yes, there
`have been instances where I have had
`consulting engagements helping with
`launches and pricing and marketing and
`promotion of new drugs and I've always
`worked with staff at OnPoint Analytics.
` I am a shareholder and as a
`result I have an incentive for the work
`that's being done by me, that comes from
`my relationships, to OnPoint Analytics.
` Q. I just want to make sure you
`said you were not an employee, so I
`understood your arrangement.
` A. Yes.
` Q. Has OnPoint Analytics ever done
`any work for Shire?
` A. Yes.
` Q. Other than the current IPR?
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` A. Yes.
` Q. You previously have represented
`Shire in litigation, is that correct?
` A. Yes.
` Q. How many times?
` A. I'm sorry, I didn't keep count.
` Lialda is in fact an IPR that's
`going on simultaneously with this one, I
`certainly worked on that matter.
` There is a trial coming up next
`week actually in Delaware in which there
`is a patent validity examination of
`Lialda, I am the economics statistical
`expert that will be testifying at that
`trial.
` MR. ROBINSON: At this point I
`would like to mark the entire transcript
`highly confidential, please.
` MR. BLAKE: That's fine.
` Let's mark this Rausser 6.
` (Rausser Exhibit 6, Document
`titled "Principal Consulting Areas", was
`marked for identification, as of this
`date.)
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` Q. Dr. Rausser, I've handed you a
`document that's marked as Rausser Exhibit
`6, it is a document that has your name at
`the top of it and appears to be titled
`"Principal Consulting Areas."
` A. Right.
` Q. Do you recognize this?
` A. No, I don't, this is something
`that OnPoint has put together.
` I certainly recognize all the
`cases that I've worked on, yes.
` Q. That's where I want to focus
`for a moment.
` A. Fine.
` Q. The Lialda case that you're
`referencing, is it listed here under the
`heading 1, where it lists the
`pharmaceutical and biotech cases in which
`Dr. Rausser has been engaged?
` A. I don't think it could; if you
`look at the date on this document, it is
`August 27th, 2013; the Lialda case that I
`just -- you asked me do I do other work
`for Shire, I just gave you the immediate
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`work that I'm doing over the course of the
`next week and last week.
` With regard to other work, that
`would come off of the document that goes
`to the last four years of my testimony
`that was included with the filing of my
`declarations and all OnPoint has done here
`is recorded a number of engagements in
`which I've been the testifying expert.
` Q. Okay.
` A. As of 2013.
` Q. So the Lialda case started
`after August 27th of 2013?
` A. That's my recollection, yes.
` Q. The second line of the list of
`pharmaceutical and biotech cases lists
`Shire LLC, Supernus Pharmaceuticals, Amy
`F.T. Arnsten, Ph.D., Pasko Rakic, M.D.,
`and Robert D. Hunt, M.D., versus a number
`of Teva and Anchen pharmaceutical
`entities, do you s
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