`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`Page 1
` UNITED STATES PATENT AND TRADEMARK OFFICE
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
` LUPIN LIMITED,
` Petitioner,
` vs. Case IPR2015-01030
` JANSSEN SCIENCES IRELAND Patent 8,518,987 B2
` UC,
` Patent Owner.
` ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
` CONFIDENTIAL
`
` DEPOSITION OF
` GIRIJ PAL SINGH, Ph.D.
`
` September 4, 2015
` 8:30(cid:160)a.m.
` 6 West Hubbard, Suite 500,
` Chicago, Illinois
`
` Deanna Amore, CSR, RPR, 084-003999
`
`212-267-6868
`
`Veritext Legal Solutions
`www.veritext.com
`
`516-608-2400
`
`PROTECTIVE ORDER MATERIAL
`
`Janssen Ex. 2051
`Lupin Ltd. v. Janssen Sciences Ireland UC
`IPR2015-01030
`(Page 1 of 74)
`
`
`
`Page 2
`
` APPEARANCES OF COUNSEL
`On Behalf of the Petitioner, LUPIN LIMITED:
` RAKOCZY, MOLINO, MAZZOCHI, SIWIK
` MS. DEANNE M. MAZZOCHI
` MR. MATTHEW V ANDERSON
` 6 West Hubbard
` Suite 500
` Chicago, Illinois 60610
` (312) 222-6305
` dmazzochi@rmmslegal.com
` manderson@rmmslegal.com
`On Behalf of the Patent Holder, JANSSEN SCIENCES
`IRELAND UC:
` AKIN GUMP STRAUSS HAUER & FELD
` MR. RUBEN H. MUNOZ
` MS. BARBARA MULLIN
` Two Commerce Street
` 2001 Market Street
` Suite 4100
` Philadelphia, Pennsylvania 19103-7013
` (215) 965-1200
` rmunoz@akingump.com
` bmullin@akingump.com
` - and -
` PATTERSON BELKNAP WEBB & TYLER
` MR. JASON S. GOULD
` 1133 Avenue of the Americas
` New York, New York 10036
` (212) 336-2000
` jgould@pbwt.com
`
` * * * * *
`
`1
`2
`3
`4
`5
`6
`7
`
`89
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`212-267-6868
`
`Veritext Legal Solutions
`www.veritext.com
`
`516-608-2400
`
`PROTECTIVE ORDER MATERIAL
`
`Janssen Ex. 2051
`Lupin Ltd. v. Janssen Sciences Ireland UC
`IPR2015-01030
`(Page 2 of 74)
`
`
`
`Page 3
`
` I N D E X
`WITNESS EXAMINATION
`GIRIJ PAL SINGH
` EXAMINATION BY MR. MUNOZ 5
` EXAMINATION BY MS. MAZZOCHI 59
` FURTHER EXAMINATION BY MR. MUNOZ 61
` FURTHER EXAMINATION BY MS. MAZZOCHI 61
` EXHIBITS
` NUMBER DESCRIPTION PAGE
` Exhibit 2048 Affidavit of Rachita 18
` Naidu
` Exhibit 2049 1.9.2015 Affidavit of 24
` Shirish Vishnupurikar
` Exhibit 2050 Power of Attorney of 52
` Sophia Mumtaz
`
`EXHIBITS PREVIOUSLY MARKED PAGE FIRST REFERRED TO
` Exhibit 1093 6
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`212-267-6868
`
`Veritext Legal Solutions
`www.veritext.com
`
`516-608-2400
`
`PROTECTIVE ORDER MATERIAL
`
`Janssen Ex. 2051
`Lupin Ltd. v. Janssen Sciences Ireland UC
`IPR2015-01030
`(Page 3 of 74)
`
`
`
`Page 4
` (Whereupon, the witness was
` duly sworn.)
` MR. MUNOZ: We'll do introductions.
` I'm Ruben Munoz from Akin Gump on behalf of
`Janssen.
` With me is Barbara Mullin from Akin Gump and
`Jason Gould from Patterson Belknap.
` MS. MAZZOCHI: Good morning. My name is Deanne
`Mazzochi of the Rakoczy Molino Mazzochi Siwik law
`firm, and also with me is Matthew Anderson on
`behalf of Lupin Limited.
` MR. MUNOZ: Good morning, Dr. Singh.
` THE WITNESS: Good morning.
` MR. MUNOZ: Could you please state your full
`name.
` THE WITNESS: Can you repeat the question?
` MR. MUNOZ: Could you please state your full
`name.
` THE WITNESS: Girij Pal Singh.
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`212-267-6868
`
`Veritext Legal Solutions
`www.veritext.com
`
`516-608-2400
`
`PROTECTIVE ORDER MATERIAL
`
`Janssen Ex. 2051
`Lupin Ltd. v. Janssen Sciences Ireland UC
`IPR2015-01030
`(Page 4 of 74)
`
`
`
`Page 5
`
`1
`2
`3
`4
`5
`6
`
` GIRIJ PAL SINGH,
`called as a witness herein, having been first duly
`sworn, was examined and testified as follows:
` EXAMINATION
`BY MR. MUNOZ:
` Q. And what's your address, Dr. Singh?
`
`11
`12
`13
`14
`
` Q. And who is your employer, Dr. Singh?
` A. Lupin Limited.
` Q. Do you have an employment agreement with
`Lupin Limited?
`
`25
`
` MS. MAZZOCHI: Object to form.
`
`212-267-6868
`
`Veritext Legal Solutions
`www.veritext.com
`
`516-608-2400
`
`PROTECTIVE ORDER MATERIAL
`
`Janssen Ex. 2051
`Lupin Ltd. v. Janssen Sciences Ireland UC
`IPR2015-01030
`(Page 5 of 74)
`
`
`
`Page 6
`
`2
`3
`4
`5
`6
`7
`
`9
`10
`11
`12
`13
`
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`BY MR. MUNOZ:
` Q. And what entity pays your salary,
`Dr. Singh?
` A. Can you repeat?
` Q. Sure.
` Which company or entity pays your salary?
`
` Q. Do you get pay stubs?
` A. I get salary slip.
` Q. Is that a paper form?
` A. It's a paper form.
` Q. What entity name appears on that pay stub?
`
` Q. Any other entity name?
` A. No.
` Q. I have copies of Exhibit 1093, which is
`your declaration. So we are going to use this
`right now.
` Dr. Singh, I've handed you what has been
`marked already as Exhibit 1093; do you see that?
` A. Yes.
` Q. And do you recognize this document as your
`declaration?
` A. Yes.
`
`212-267-6868
`
`Veritext Legal Solutions
`www.veritext.com
`
`516-608-2400
`
`PROTECTIVE ORDER MATERIAL
`
`Janssen Ex. 2051
`Lupin Ltd. v. Janssen Sciences Ireland UC
`IPR2015-01030
`(Page 6 of 74)
`
`
`
`Page 7
` Q. And if you could please turn to page 5.
` It's actually, page 5. I'm sorry. It's
`actually the last page. We are going to go by the
`page numbers here. The label says page 6 of 6, but
`the original number is page 5.
` Do you see your signature on that page?
` A. Yes.
` Q. Did you sign this declaration on or about
`August 28, 2015?
` A. Yes.
` Q. And did you believe all the statements in
`this declaration to be true when you signed this
`declaration?
` A. Yes.
` Q. And do you still believe that those
`statements are true today?
` A. Sorry?
` Q. Sure.
` Do you still believe that all those
`statements are true?
` A. Yes.
` Q. Are there any mistakes in here that you
`would like to correct?
` A. I don't think so.
` Q. Okay. And who prepared this declaration,
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`212-267-6868
`
`Veritext Legal Solutions
`www.veritext.com
`
`516-608-2400
`
`PROTECTIVE ORDER MATERIAL
`
`Janssen Ex. 2051
`Lupin Ltd. v. Janssen Sciences Ireland UC
`IPR2015-01030
`(Page 7 of 74)
`
`
`
`Page 8
`
`Dr. Singh?
` MS. MAZZOCHI: Object to form.
` THE WITNESS: Well, this was prepared by
`Rachita Naidu and Shirish.
`BY MR. MUNOZ:
` Q. And just to clarify, Dr. Singh, you said
`that Rachita Naidu and Shirish Vishnupurikar
`prepared this declaration; is that right?
` A. Yes.
` Q. And they prepared it, and you signed it;
`is that correct?
` A. Yes.
` Q. Was there anybody else involved in the
`preparation of this declaration?
` A. I don't think so.
` Q. Did you speak to anyone regarding the
`preparation of this declaration?
` MS. MAZZOCHI: You may answer, but you should
`exclude from your answer any attorneys.
` THE WITNESS: While I'm in India, I spoke to
`Rachita and Shirish.
`BY MR. MUNOZ:
` Q. Anybody else?
` A. And I came here yesterday and discussed
`with Deanne and Matt.
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`212-267-6868
`
`Veritext Legal Solutions
`www.veritext.com
`
`516-608-2400
`
`PROTECTIVE ORDER MATERIAL
`
`Janssen Ex. 2051
`Lupin Ltd. v. Janssen Sciences Ireland UC
`IPR2015-01030
`(Page 8 of 74)
`
`
`
`Page 9
` Q. And before coming here yesterday, did you
`discuss this declaration with anybody else?
` A. No.
` Q. Dr. Singh, there is a couple of things --
`statements in here that I would like to use for us
`to simply fire a discussion. One of them appears
`at paragraph 4. If you could turn to paragraph 4.
` And it's actually at the top of page 2 of
`the original document, still in paragraph 4.
` You see where it says "Patent
`No. 8,518,987 B2, and then in parenthesis, it says
`the "'987 Patent"; do you see that?
` A. Yes.
` Q. If I refer to the '987 patent in short
`form, will you understand it to mean
`U.S. Patent 8,518,987?
` A. Yes.
` Q. And there is another term here that I
`would like to use. It's in paragraph 7, bottom of
`that same page 2.
` A. Yes.
` Q. You refer to the inter partes review of
`the '987 patent as the instant petition; do you see
`that?
` A. Yes.
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`212-267-6868
`
`Veritext Legal Solutions
`www.veritext.com
`
`516-608-2400
`
`PROTECTIVE ORDER MATERIAL
`
`Janssen Ex. 2051
`Lupin Ltd. v. Janssen Sciences Ireland UC
`IPR2015-01030
`(Page 9 of 74)
`
`
`
`Page 10
` Q. And I would like to use that short form as
`well. When I say "instant petition," would you
`understand I'm referring to the inter partes review
`of the '987 patent?
` A. Yes.
` Q. Thank you.
` Dr. Singh, you said that Ms. Naidu and
`Mr. Vishnupurikar prepared this declaration; is
`that right?
` A. Yes.
` Q. Did you, yourself, have any personal
`knowledge regarding the content of this
`declaration?
` MS. MAZZOCHI: Object to form.
` THE WITNESS: Yeah, before signing, I have gone
`through this.
`BY MR. MUNOZ:
` Q. But before it was prepared by Ms. Naidu
`and Mr. Vishnupurikar, did you have any personal
`knowledge regarding the content of this
`declaration?
` MS. MAZZOCHI: Object to form.
` THE WITNESS: They discussed with me once they
`are preparing the declaration, and I need to sign.
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`212-267-6868
`
`Veritext Legal Solutions
`www.veritext.com
`
`516-608-2400
`
`PROTECTIVE ORDER MATERIAL
`
`Janssen Ex. 2051
`Lupin Ltd. v. Janssen Sciences Ireland UC
`IPR2015-01030
`(Page 10 of 74)
`
`
`
`1
`2
`3
`4
`5
`6
`
`11
`12
`13
`14
`15
`16
`17
`18
`
`22
`
`24
`
`Page 11
`
`BY MR. MUNOZ:
` Q. If we turn to paragraph 1, Dr. Singh, it
`says in here that you're the senior vice president
`of research and development and generic research
`for Lupin Limited; do you see that?
` A. Yes.
`
` Q. How many employees within that
`organization?
` MS. MAZZOCHI: Object to form.
` THE WITNESS: You are asking for the generic
`research?
`BY MR. MUNOZ:
` Q. That's correct. Let me clarify the
`question so it's clear.
`
` MS. MAZZOCHI: Object to form.
`
`BY MR. MUNOZ:
`
`212-267-6868
`
`Veritext Legal Solutions
`www.veritext.com
`
`516-608-2400
`
`PROTECTIVE ORDER MATERIAL
`
`Janssen Ex. 2051
`Lupin Ltd. v. Janssen Sciences Ireland UC
`IPR2015-01030
`(Page 11 of 74)
`
`
`
`Page 12
`
` Q. Sure.
` And is it fair to say you are the head of
`that organization?
` A. Yes.
`
` Q. Do they report to you?
`
` Q. Who is that person in between?
`
` Q. Can you spell that, please.
`
` involved in the
` Q. And was
`preparation of the declaration?
` A. No.
` Q. And, Dr. Singh, just to close the loop on
`the organizational structure, who do you report to?
`
` Q. And what is -- is that a him or her?
` A. Him.
` Q. What is his position in the organization?
`
`2
`3
`4
`5
`
`9
`
`12
`
`14
`
`16
`17
`18
`19
`20
`
`22
`23
`24
`
`212-267-6868
`
`Veritext Legal Solutions
`www.veritext.com
`
`516-608-2400
`
`PROTECTIVE ORDER MATERIAL
`
`Janssen Ex. 2051
`Lupin Ltd. v. Janssen Sciences Ireland UC
`IPR2015-01030
`(Page 12 of 74)
`
`
`
`Page 13
` Q. Do you know if he holds any other position
`within the Lupin family of companies?
` A. No.
` Q. You don't know or he does not?
` A. I don't think.
` Q. But you're not sure; is that correct?
`
` Q. Okay. Dr. Singh, if we can turn to
`paragraph 7, please.
` And I think you touched on this, but
`referring to, first, Ms. Rachita Naidu, who is her
`employer?
`
` Q. And who pays her salary?
`
` Q. And what is her role or title within Lupin
`Limited?
`
` Q. And you know Ms. Naidu personally; is that
`right?
` A. Yes.
` Q. And same question for Mr. Vishnupurikar,
`who is his employer?
`
`1
`2
`3
`4
`5
`6
`
`9
`10
`11
`12
`13
`
`15
`
`17
`18
`
`20
`21
`22
`23
`24
`
`212-267-6868
`
`Veritext Legal Solutions
`www.veritext.com
`
`516-608-2400
`
`PROTECTIVE ORDER MATERIAL
`
`Janssen Ex. 2051
`Lupin Ltd. v. Janssen Sciences Ireland UC
`IPR2015-01030
`(Page 13 of 74)
`
`
`
`Page 14
`
` Q. And what entity pays his salary?
`
` Q. And what is his role or title within Lupin
`Limited?
`
` Q. Okay. If we could focus, Dr. Singh, on
`the last sentence in paragraph 7, it starts "The
`individuals primarily responsible for the decision
`to file and the content of the instant petition are
`Rachita Naidu and Shirish Vishnupurikar"; do you
`see that?
` A. Which paragraph?
` Q. I'm sorry. Paragraph 7 on page 3. It's
`the last sentence.
` A. Yes.
` Q. Okay. When you say "primarily
`responsible," does that mean that there were other
`people involved in the preparation of the instant
`petition?
` MS. MAZZOCHI: Object to form.
` THE WITNESS: Only these two guys, they are
`responsible for preparing this.
`BY MR. MUNOZ:
` Q. So is that statement incorrect where it
`says "primarily responsible"?
`
`1
`
`3
`4
`
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`212-267-6868
`
`Veritext Legal Solutions
`www.veritext.com
`
`516-608-2400
`
`PROTECTIVE ORDER MATERIAL
`
`Janssen Ex. 2051
`Lupin Ltd. v. Janssen Sciences Ireland UC
`IPR2015-01030
`(Page 14 of 74)
`
`
`
`Page 15
`
` MS. MAZZOCHI: Object to form.
` THE WITNESS: I don't think so.
`BY MR. MUNOZ:
` Q. So you understand primarily responsible to
`mean that only Ms. Naidu and Mr. Vishnupurikar
`prepared this declaration, prepared the instant
`petition?
` MS. MAZZOCHI: Object to form.
`BY MR. MUNOZ:
` Q. Is that correct?
` MS. MAZZOCHI: Object to form.
` THE WITNESS: They two prepared with the
`consultation of our counsel in Chicago.
`BY MR. MUNOZ:
` Q. And were you, Dr. Singh, involved in the
`preparation of the instant petition?
` MS. MAZZOCHI: Object to form.
` THE WITNESS: No.
`BY MR. MUNOZ:
` Q. Dr. Singh, how do you know that no one
`else was involved in the preparation of the instant
`petition?
` MS. MAZZOCHI: Object to form.
` THE WITNESS: In my personal knowledge, I had
`number of discussions with Rachita Naidu and
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`212-267-6868
`
`Veritext Legal Solutions
`www.veritext.com
`
`516-608-2400
`
`PROTECTIVE ORDER MATERIAL
`
`Janssen Ex. 2051
`Lupin Ltd. v. Janssen Sciences Ireland UC
`IPR2015-01030
`(Page 15 of 74)
`
`
`
`Page 16
`Shirish, and I was told that they are in touch with
`our counsel here in Chicago, and best of my
`knowledge, these are the two individuals who were
`involved preparing this in the case.
`BY MR. MUNOZ:
` Q. So is it fair to say that your belief that
`nobody else was involved in the preparation of the
`instant petition comes from information that was
`conveyed to you from Ms. Naidu and
`Mr. Vishnupurikar; is that correct?
` A. Yes.
` Q. Dr. Singh, are you familiar with the name
`Vinita Gupta?
` A. Yes.
` Q. And who is Ms. Gupta?
` A. She's CEO of Lupin Limited.
` Q. Does she hold any other positions within
`the Lupin family of companies?
` A. Yes. There are two entities in U.S.,
`Lupin, Inc., and Lupin Pharmaceuticals, Inc., and
`she's involved.
` Q. Do you know what her role is in those two
`companies?
` A. I have to see to produce me a document,
`like annual report, and I can tell you that.
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`212-267-6868
`
`Veritext Legal Solutions
`www.veritext.com
`
`516-608-2400
`
`PROTECTIVE ORDER MATERIAL
`
`Janssen Ex. 2051
`Lupin Ltd. v. Janssen Sciences Ireland UC
`IPR2015-01030
`(Page 16 of 74)
`
`
`
`Page 17
`
`1
`2
`3
`4
`5
`6
`
` Q. Sure.
` But sitting right here you don't recall?
` A. Yes.
` Q. But you are sure she does hold positions
`at Lupin, Inc., and Lupin Pharma; is that correct?
` A. Yes.
`
`10
`11
`
` Q. How do you know that, Mr. Singh,
`Dr. Singh?
`
`17
`18
`19
`20
`21
`22
`23
`24
`
` Q. And you know that because Ms. Naidu and
`Mr. Vishnupurikar told you that; is that correct?
` A. Yes.
` Q. Dr. Singh, you also state in paragraph 7
`that Ms. Naidu is not employed by any Lupin
`subsidiaries; is that right?
` A. Yes.
` Q. And how do you know that, Dr. Singh?
`
`212-267-6868
`
`Veritext Legal Solutions
`www.veritext.com
`
`516-608-2400
`
`PROTECTIVE ORDER MATERIAL
`
`Janssen Ex. 2051
`Lupin Ltd. v. Janssen Sciences Ireland UC
`IPR2015-01030
`(Page 17 of 74)
`
`
`
`Page 18
`
`9
`
` Q. Okay.
`
`18
`19
`20
`21
`22
`23
`24
`25
`
` (Whereupon, Exhibit 2048 was
` marked for identification.)
`BY MR. MUNOZ:
` Q. Dr. Singh, I've handed you what has been
`marked as Exhibit 2048. Do you see that?
` A. Yes.
` Q. Do you recognize this document?
` A. Yes.
`
`212-267-6868
`
`Veritext Legal Solutions
`www.veritext.com
`
`516-608-2400
`
`PROTECTIVE ORDER MATERIAL
`
`Janssen Ex. 2051
`Lupin Ltd. v. Janssen Sciences Ireland UC
`IPR2015-01030
`(Page 18 of 74)
`
`
`
`1
`
`4
`5
`6
`7
`8
`
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` Q. What is it, Dr. Singh?
`
`Page 19
`
` Q. And what is the purpose of this document?
` MS. MAZZOCHI: Object to form.
`BY MR. MUNOZ:
` Q. And when I say "this document," I am
`referring to Exhibit 2048.
`
` Q. I see.
` Is it fair to say that you have seen this
`type of document outside the context of this
`proceeding?
` A. Yes.
` Q. Dr. Singh, if you look at the upper left
`corner, there is an acronym in there "LRP"; do you
`see that?
` A. Yes.
` Q. What does LRP stand for?
` A. Lupin Research Park.
` Q. And what is Lupin Research Park?
` A. Well, this is the research and development
`
`212-267-6868
`
`Veritext Legal Solutions
`www.veritext.com
`
`516-608-2400
`
`PROTECTIVE ORDER MATERIAL
`
`Janssen Ex. 2051
`Lupin Ltd. v. Janssen Sciences Ireland UC
`IPR2015-01030
`(Page 19 of 74)
`
`
`
`Page 20
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`
`center.
` Q. Is it a building? A geographical
`location? Something else?
` A. Yes.
` Q. What is it?
` A. It's an area. It's about 19 acres of
`land, several buildings, which house a number of
`scientists.
` Q. Dr. Singh, if you look at the first
`sentence in Exhibit 2048,
`
`23
`
` Q. Sure. No problem.
`
`212-267-6868
`
`Veritext Legal Solutions
`www.veritext.com
`
`516-608-2400
`
`PROTECTIVE ORDER MATERIAL
`
`Janssen Ex. 2051
`Lupin Ltd. v. Janssen Sciences Ireland UC
`IPR2015-01030
`(Page 20 of 74)
`
`
`
`Page 21
`
`7
`
`9
`
`12
`
`14
`
`16
`
`21
`22
`23
`24
`25
`
` MS. MAZZOCHI: Object to form.
`
`BY MR. MUNOZ:
`
` MS. MAZZOCHI: Object to form.
`
`BY MR. MUNOZ:
`
` MS. MAZZOCHI: Object to form.
`
`BY MR. MUNOZ:
` Q. Any other companies?
` A. I don't remember. It could be many.
` Q. So the answer is, yes, but you don't
`remember?
`
`212-267-6868
`
`Veritext Legal Solutions
`www.veritext.com
`
`516-608-2400
`
`PROTECTIVE ORDER MATERIAL
`
`Janssen Ex. 2051
`Lupin Ltd. v. Janssen Sciences Ireland UC
`IPR2015-01030
`(Page 21 of 74)
`
`
`
`Page 22
`
`1
`2
`3
`4
`5
`6
`7
`
` MS. MAZZOCHI: Object to form.
`Mischaracterizes.
` MR. MUNOZ: I'm sorry. Let me rephrase that.
`BY MR. MUNOZ:
` Q. The answer is probably but you don't
`remember?
` MS. MAZZOCHI: Object to form.
`
`11
`
`BY MR. MUNOZ:
`
`20
`
` MS. MAZZOCHI: Object to form.
`
`25
`
`212-267-6868
`
`Veritext Legal Solutions
`www.veritext.com
`
`516-608-2400
`
`PROTECTIVE ORDER MATERIAL
`
`Janssen Ex. 2051
`Lupin Ltd. v. Janssen Sciences Ireland UC
`IPR2015-01030
`(Page 22 of 74)
`
`
`
`1
`2
`
`4
`
`6
`
`9
`
`11
`12
`13
`14
`
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`Page 23
`
`BY MR. MUNOZ:
` Q. Okay.
`
` MS. MAZZOCHI: Object to form.
`
`BY MR. MUNOZ:
`
` MS. MAZZOCHI: Object to form.
`
`BY MR. MUNOZ:
` Q. Are you saying that you're not sure?
` MS. MAZZOCHI: Object to form.
`Mischaracterizes.
`
`BY MR. MUNOZ:
` Q. Okay. If we go back to Exhibit 2048,
`Dr. Singh, there is a signature right above where
`it says "Authorized Signatory"; do you see that?
` A. Yes.
` Q. Whose signature is that?
` A. I can't identify.
` Q. Can you tell what the role of the person
`that signed this document is?
`
`212-267-6868
`
`Veritext Legal Solutions
`www.veritext.com
`
`516-608-2400
`
`PROTECTIVE ORDER MATERIAL
`
`Janssen Ex. 2051
`Lupin Ltd. v. Janssen Sciences Ireland UC
`IPR2015-01030
`(Page 23 of 74)
`
`
`
`Page 24
`
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`
` Q. Okay. Dr. Singh, let me just, for the
`record, introduce what we are going to mark as
`Exhibit 2049.
` (Whereupon, Exhibit 2049 was
` marked for identification.)
`BY MR. MUNOZ:
` Q. And Dr. Singh, do you recognize
`Exhibit 2049?
` A. Yes.
` Q. And what is it?
`
`212-267-6868
`
`Veritext Legal Solutions
`www.veritext.com
`
`516-608-2400
`
`PROTECTIVE ORDER MATERIAL
`
`Janssen Ex. 2051
`Lupin Ltd. v. Janssen Sciences Ireland UC
`IPR2015-01030
`(Page 24 of 74)
`
`
`
`Page 25
`
`3
`
`5
`
`8
`
` MS. MAZZOCHI: Objection.
`
`BY MR. MUNOZ:
`
` MS. MAZZOCHI: Object to form.
`
`14
`
`BY MR. MUNOZ:
`
`19
`
` MS. MAZZOCHI: Object to form.
`
`22
`23
`
`BY MR. MUNOZ:
` Q. Okay.
`
`212-267-6868
`
`Veritext Legal Solutions
`www.veritext.com
`
`516-608-2400
`
`PROTECTIVE ORDER MATERIAL
`
`Janssen Ex. 2051
`Lupin Ltd. v. Janssen Sciences Ireland UC
`IPR2015-01030
`(Page 25 of 74)
`
`
`
`Page 26
`
`7
`
`9
`
`16
`17
`18
`19
`20
`21
`
` MS. MAZZOCHI: Form.
`
`BY MR. MUNOZ:
`
` MS. MAZZOCHI: I'll just caution you, in
`answering, you shouldn't reveal any attorney-client
`privilege information. You can speak generally.
` THE WITNESS: Can you repeat that, please.
`BY MR. MUNOZ:
` Q. Sure.
`
`24
`
` MS. MAZZOCHI: Same objections.
`
`212-267-6868
`
`Veritext Legal Solutions
`www.veritext.com
`
`516-608-2400
`
`PROTECTIVE ORDER MATERIAL
`
`Janssen Ex. 2051
`Lupin Ltd. v. Janssen Sciences Ireland UC
`IPR2015-01030
`(Page 26 of 74)
`
`
`
`Page 27
`
`5
`
`BY MR. MUNOZ:
`
`8
`9
`10
`
` MS. MAZZOCHI: I'll just caution you to answer
`that very generally so you are not revealing any
`privileged communications.
`
`15
`
`BY MR. MUNOZ:
`
`19
`
`21
`
`24
`25
`
` MS. MAZZOCHI: Object to form.
`
`BY MR. MUNOZ:
`
` MS. MAZZOCHI: Again, I'll just caution you not
`to reveal any substantive attorney-client
`
`212-267-6868
`
`Veritext Legal Solutions
`www.veritext.com
`
`516-608-2400
`
`PROTECTIVE ORDER MATERIAL
`
`Janssen Ex. 2051
`Lupin Ltd. v. Janssen Sciences Ireland UC
`IPR2015-01030
`(Page 27 of 74)
`
`
`
`privileged communications.
`
`Page 28
`
`BY MR. MUNOZ:
` Q. Okay. Dr. Singh, are you familiar with
`the name Sophia Mumtaz?
` A. Yes.
` Q. Who does she work for?
` MS. MAZZOCHI: Object to form.
`
`1
`
`4
`5
`6
`7
`8
`9
`
`12
`13
`
`BY MR. MUNOZ:
` Q. And how about today?
`
`17
`
` MS. MAZZOCHI: Object to form. Foundation.
`
`BY MR. MUNOZ:
`
` MS. MAZZOCHI: Object to form. Foundation.
` THE WITNESS:
`I don't know what entity.
`
`20
`
`22
`23
`24
`25
`
`212-267-6868
`
`Veritext Legal Solutions
`www.veritext.com
`
`516-608-2400
`
`PROTECTIVE ORDER MATERIAL
`
`Janssen Ex. 2051
`Lupin Ltd. v. Janssen Sciences Ireland UC
`IPR2015-01030
`(Page 28 of 74)
`
`
`
`Page 29
`
`BY MR. MUNOZ:
` Q. Is she the president of Lupin Limited?
` A. I have to check the annual report or
`business card. I don't remember.
`
` MS. MAZZOCHI: Object to form.
`
`1
`2
`3
`4
`
`7
`
`10
`
`BY MR. MUNOZ:
`
`16
`17
`18
`19
`
` MS. MAZZOCHI: Form.
` THE WITNESS: Sophia?
`BY MR. MUNOZ:
` Q. Yes.
`
`24
`
` MS. MAZZOCHI: Object to form.
`
`212-267-6868
`
`Veritext Legal Solutions
`www.veritext.com
`
`516-608-2400
`
`PROTECTIVE ORDER MATERIAL
`
`Janssen Ex. 2051
`Lupin Ltd. v. Janssen Sciences Ireland UC
`IPR2015-01030
`(Page 29 of 74)
`
`
`
`BY MR. MUNOZ:
`
`Page 30
`
` And correct the pronunciation if it's
`incorrect.
`
` Q. Do you know who she works for?
` A. I don't remember, but she's in the U.S.
` Q. But you don't know what Lupin entity she
`works for?
` A. I don't remember.
`
`1
`
`4
`5
`
`7
`8
`9
`10
`11
`
`18
`
` Q. I have to clarify the record.
`
`24
`25
`
` Q. Dr. Singh, you do know for the instant
`petition Lupin Pharma is listed as a real party in
`
`212-267-6868
`
`Veritext Legal Solutions
`www.veritext.com
`
`516-608-2400
`
`PROTECTIVE ORDER MATERIAL
`
`Janssen Ex. 2051
`Lupin Ltd. v. Janssen Sciences Ireland UC
`IPR2015-01030
`(Page 30 of 74)
`
`
`
`1
`2
`
`4
`
`7
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`Page 31
`
`interest, correct?
` A. Yes.
`
` MS. MAZZOCHI: Please answer that yes or no.
`
`BY MR. MUNOZ:
`
` Q. Dr. Singh, if we could go back to your
`declaration, Exhibit 1093, and if we could go to
`paragraph 10, please.
` You state, in the second sentence, that
`Lupin Inc., and Lupin Atlantis are holding
`companies; do you see that?
` A. Yes.
` Q. What do you mean by "holding companies"?
` A. Actually, these two companies are part of
`Lupin Limited, and I would say they are
`subsidiaries of Lupin Limited.
` Q. But what did you mean when you said they
`are "holding companies"?
` A. They are part -- they are arms of Lupin
`Limited, I would say, in layman's words.
` Q. I'm sorry. Repeat that.
`
`212-267-6868
`
`Veritext Legal Solutions
`www.veritext.com
`
`516-608-2400
`
`PROTECTIVE ORDER MATERIAL
`
`Janssen Ex. 2051
`Lupin Ltd. v. Janssen Sciences Ireland UC
`IPR2015-01030
`(Page 31 of 74)
`
`
`
`1
`
` A. Arms of Lupin Limited.
`
`Page 32
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`
` Q. Does Lupin Atlantis hold any patent
`rights?
` MS. MAZZOCHI: Object to form. Foundation.
` THE WITNESS: I don't know.
`BY MR. MUNOZ:
` Q. Do you know if Lupin Atlantis holds
`ownership of any patent applications?
` MS. MAZZOCHI: Object to form.
` THE WITNESS: I don't know.
`BY MR. MUNOZ:
`
`212-267-6868
`
`Veritext Legal Solutions
`www.veritext.com
`
`516-608-2400
`
`PROTECTIVE ORDER MATERIAL
`
`Janssen Ex. 2051
`Lupin Ltd. v. Janssen Sciences Ireland UC
`IPR2015-01030
`(Page 32 of 74)
`
`
`
`Page 33
`
`4
`5
`6
`7
`8
`9
`10
`
` Q. If we turn to paragraph 7, Dr. Singh, the
`next-to-last sentence of paragraph 7, on page 3,
`says "At no point was the filing content or funding
`of the instant petition discussed at any meeting of
`the board for any of the Lupin subsidiaries"; do
`you see that?
` A. Yes.
`
`23
`
` MS. MAZZOCHI: Object to the form.
`
`212-267-6868
`
`Veritext Legal Solutions
`www.veritext.com
`
`516-608-2400
`
`PROTECTIVE ORDER MATERIAL
`
`Janssen Ex. 2051
`Lupin Ltd. v. Janssen Sciences Ireland UC
`IPR2015-01030
`(Page 33 of 74)
`
`
`
`Page 34
`
`2
`
`5
`6
`
`BY MR. MUNOZ:
`
` MS. MAZZOCHI: Object to form.
` THE WITNESS:
`
`10
`
`BY MR. MUNOZ:
`
`16
`
` MS. MAZZOCHI: Form.
`
`21
`22
`23
`24
`25
`
`BY MR. MUNOZ:
` Q. Okay. Do you know who the members of the
`board of directors of Lupin Limited are?
` A. There could be many.
` Q. How many?
`
`212-267-6868
`
`Veritext Legal Solutions
`www.veritext.com
`
`516-608-2400
`
`PROTECTIVE ORDER MATERIAL
`
`Janssen Ex. 2051
`Lupin Ltd. v. Janssen Sciences Ireland UC
`IPR2015-01030
`(Page 34 of 74)
`
`
`
`Page 35
`
` A. I have to see the document.
` Q. Do you have an estimate?
` MS. MAZZOCHI: Object to form.
` THE WITNESS: Of my personal knowledge, I know
`Desh Bandhu Gupta, who is the chairman of Lupin
`Limited; Nilesh Gupta, who is managing director of
`Lupin Limited; Vinita Gupta, she's CEO of Lupin
`Limited, Dr. Karmal Sharma, who is the vice
`chairman of Lupin Limited. I remember these names.
`BY MR. MUNOZ:
` Q. Okay. Thank you.
`
` Q. Did you review meeting minutes from the
`board of Lupin Limited?
` A. No.
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`
`15
`16
`17
`
`21
`
` MS. MAZZOCHI: Object to form.
`
`212-267-6868
`
`Veritext Legal Solutions
`www.veritext.com
`
`516-608-2400
`
`PROTECTIVE ORDER MATERIAL
`
`Janssen Ex. 2051
`Lupin Ltd. v. Janssen Sciences Ireland UC
`IPR2015-01030
`(Page 35 of 74)
`
`
`
`Page 36
`
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`BY MR. MUNOZ:
` Q. Dr. Singh, I asked you about the board
`members for Lupin Limited. Do you know who the
`board members are for Lupin Atlantis?
` A. I don't remember the names.
` Q. Do you know roughly how many board members
`there are at Lupin Atlantis?
` A. I can't guess.
` Q. Do you know any of the officers at Lupin
`Atlantis?
` A. I don't remember. If you show me a
`document, I'll recognize.
` Q. Sure.
` Do you know any of the officers of Lupin
`Atlantis?
` A. No.
` Q. Do you know who the board members of
`Lupin, Inc., are?
` A. I don't remember.
` Q. Do you know roughly how many board members
`Lupin, Inc., has?
`
`212-267-6868
`
`Veritext Legal Solutions
`www.veritext.com
`
`516-608-2400
`
`PROTECTIVE ORDER MATERIAL
`
`Janssen Ex. 2051
`Lupin Ltd. v. Janssen Sciences Ireland UC
`IPR2015-01030
`(Page 36 of 74)
`
`
`
`Page 37
`
` A. No.
` Q. Do you know who the officers of Lupin,
`Inc., are?
` A. No.
` Q. Do you know roughly how many officers
`Lupin, Inc., has?
` A. No.
` Q. Do you know the board of directors, the
`members of the board of directors of Lupin Pharma?
` A. No.
` Q. Do you know roughly how many board members
`Lupin Pharma has?
` A. No.
` Q. Do you know any of the officers of Lupin
`Pharma?
` MS. MAZZOCHI: Form.
` THE WITNESS: I don't remember.
`BY MR. MUNOZ:
` Q. Do you know roughly how many officers
`Lupin Pharma has?
` A. No.
` Q. Dr. Singh, who paid for the filing of the
`instant petition?
` A. Lupin Limited.
` Q. If we could turn to paragraph 7, the
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`212-267-6868
`
`Veritext Legal Solutions
`www.veritext.com
`
`516-608-2400
`
`PROTECTIVE ORDER MATERIAL
`
`Janssen Ex. 2051
`Lupin Ltd. v. Janssen Sciences Ireland UC
`IPR2015-01030
`(Page 37 of 74)
`
`
`
`1
`2
`3
`4
`5
`6
`
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`Page 38
`bottom of page 2, you state that "Lupin Limited was
`also the sole party responsible for directing,
`controlling and funding the preparation and filing
`of the petition for inter partes review of the '987
`patent (the instant petition)"; do you see that?
` A. Yes.
`
` Q. If you turn to the next page, still on
`paragraph 7, you state that "No Lupin subsidiaries
`co-authored the instant petition"; do you see that?
` MS. MAZZOCHI: Object to form. I think you
`misread it.
` MR. MUNOZ: Let me read that to be clear.
`BY MR. MUNOZ:
` Q. I'll read the sentence so it's clear.
` "None of the Lupin subsidiaries
`participated in the decision to file the instant
`
`212-267-6868
`
`Veritext Legal Solutions
`www.veritext.com
`
`516-608-2400
`
`PROTECTIVE ORDER MATERIAL
`
`Janssen Ex. 2051
`Lupin Ltd. v. Janssen Sciences Ireland UC
`IPR2015-01030
`(Page 38 of 74)
`
`
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`
`21
`22
`23
`24
`25
`
`Page 39
`
`petition nor did any co-author the instant
`petition"; do you see that?
` A. Yes.
` Q. What Lupin entity authored the instant
`petition?
` MS. MAZZOCHI: Object to form.
` THE WITNESS: I did not understand the
`question.
`BY MR. MUNOZ:
` Q. There is a statement in here from you that
`says that "No Lupin subsidiaries co-authored the
`instant petition"; is that right?
` MS. MAZZOCHI: Form.
` THE WITNESS: Yes.
`BY MR. MUNOZ:
` Q. And my question to you is which Lupin
`entity did author the petition?
` MS. MAZZOCHI: Object to form.
`
`BY MR. MUNOZ:
` Q. So when you say "authored," you're
`referring to expenses?
` MS. MAZZOCHI: Object to form.
`Mischaracterizes.
`
`212-267-6868
`
`Veritext Legal Solutions
`www.veritext.com
`
`516-608-2400
`
`PROTECTIVE ORDER MATERIAL
`
`Janssen Ex. 2051
`Lupin Ltd. v. Janssen Sciences Ireland UC
`IPR2015-01030
`(Page 39 of 74)
`
`
`
`1
`2
`3
`4
`5
`
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`Page 40
` THE WITNESS: I'm not clear on that part.
`BY MR. MUNOZ:
` Q. You are not clear on this part in your
`declaration; is that correct?
` MS. MAZZOCHI: Objection. Mischaracterizes.
`
`BY MR. MUNOZ:
` Q. But the word that I'm trying to understand
`is "co-author." When you use the word "co-author,"
`were you referring to expenses?
` MS. MAZZOCHI: Object to form.
` THE WITNESS: No.
`BY MR. MUNOZ:
` Q. What were you referring to?
` A. No, I'm listing that no other subsidiary
`of Lupin has any controls on petition. It is only
`Lupin Limited.
` Q. So when you use the word "co-author," are
`you referring to control?
` MS. MAZZOCHI: Object to form.
` THE WITNESS: No.
`BY MR. MUNOZ:
` Q. What are you referring to, Dr. Singh, when
`
`212-267-6868
`
`Veritext Legal Solutions
`www.veritext.com
`
`516-608-2400
`
`PROTECTIVE ORDER MATERIAL
`
`Janssen Ex. 2051
`Lupin Ltd. v. Janssen Sciences Ireland UC
`IPR2015-01030
`(Page 40 of 74)
`
`
`
`Page 41
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`
`you use the word "co-author"?
` A. I don't know.
` Q. You don't know what the word "co-author"
`means in your declaration; is that correct?
` MS. MAZZOCHI: