Shirou Sawa
`
`Washington, D.C.
`
`March 18, 2016
`
`Page 1
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` UNITED STATES PATENT AND TRADEMARK OFFICE
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` ____________________________________
`
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
` ____________________________________
`
` LUPIN, LTC. and LUPIN PHARMACEUTICALS, INC.,
`
` Petitioners
`
` v.
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`SENJU PHARMACEUTICAL CO. LTD., BAUSCH & LOMB, INC.,
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` and BAUSCH & LOMB PHARMA HOLDINGS CORP.
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` Patent Owner
`
` ____________________________________
`
` IPR2015-01097 (US Patent No. 8,751,131)
`
` IPR2015-01099 (US Patent No. 8,669,290)
`
` IPR2015-01100 (US Patent No. 8,927,606)
`
` IPR2015-01105 (US Patent No. 8,871,813)
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` DEPOSITION OF:
`
` SHIROU SAWA
`
` Friday, March 18, 2016
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`1-800-FOR-DEPO
`
`www.aldersonreporting.com
`
`Alderson Court Reporting
`
`Page 1
`
`

`
`Shirou Sawa
`
`March 18, 2016
`
`Washington, D.C.
`
`Page 2
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`Page 4
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` C O N T E N T S
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`EXAMINATION BY: PAGE
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` Counsel for Petitioners 5
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` Counsel for Patent Owner 128
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` INDEX TO EXHIBITS
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`EXHIBIT DESCRIPTION PAGE
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`Lupin 1086: Petitioner's Notice of
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` Cross-Examination of Shirou Sawa 26
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`Lupin 1001: United States Patent 8,669,290 B2 70
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`Senju 2098: Sawa Declaration
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` Japanese/Translations 15
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`(Exhibits attached to transcript.)
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` SHIROU SAWA, called for cross-examination by
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`counsel for Petitioners, pursuant to notice, at the
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`office of Finnegan, Henderson, Farabow, Garrett &
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`Dunner, LLP, 901 New York Avenue, N.W., Washington,
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`D.C., before SUSAN L. CIMINELLI, CRR, RPR, a Notary
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`Public in and for the District of Columbia,
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`beginning at 10:07 a.m., when were present on behalf
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`of the respective parties:
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`Page 5
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`1
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` P R O C E E D I N G S
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` A P P E A R A N C E S
`On behalf of Petitioners:
` CHIEMI D. SUZUKI, ESQUIRE
` Crowell & Moring, LLP
` 590 Madison Avenue, 20th Floor
` New York, New York 10022-2524
` (212) 803-4050
` csuzuki@crowell.com
` -and-
` SHANNON LENTZ, ESQUIRE
` Crowell & Moring, LLP
` 1001 Pennsylvania Avenue, N.W.
` Washington, D.C. 20004-2595
` (202) 624-2947
` slentz@crowell.com
`
`On behalf of Patent Owner:
` JESSICA M. LEBEIS, ESQUIRE
` Finnegan Henderson Farabow Garret &
` Dunner, LLP
` 3500 Sun Trust Plaza
` 303 Peachtree Street, N.E.
` Atlanta, Georgia 30308-3263
` (404) 653-6400
` jessica.lebeis@finnegan.com
` -and-
` CHIAKI FUJIWARA, ESQUIRE
` Finnegan Henderson Farabow Garrett &
` Dunner, LLP
` 901 New York Avenue, N.W.
` Washington, D.C. 20001-4413
` (202) 408-4000
` chiaki.fujiwara@finnegan.com
`
`ALSO PRESENT:
` Naoko Kishida, Senju
` Rika T. Mitrik, Japanese Interpreter
` Yuko Kashiwaga, Japanese Check
` Interpreter
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` * * * * *
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`Whereupon,
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` RIKA T. MITRIK and YUKO KASHIWAGI,
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`were first duly sworn to interpret the questions
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`from English into Japanese and the answers from
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`Japanese into English to the best of their knowledge
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`and ability.
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`Whereupon,
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` SHIROU SAWA,
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`was called as a witness by counsel for Petitioners,
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`and having been duly sworn, was examined and
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`testified as follows:
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` CROSS-EXAMINATION
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`BY MS. SUZUKI:
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` Q. Good morning. Can you please state your
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`name for the record.
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` A. My name is Shirou Sawa.
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` Q. What is your current address?
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` A. Kosugadai, 5-Chome 9-9, Nishi-ku, Kobe,
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`Hyogo Prefecture, Japan.
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` Q. What is your current place of employment?
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` A. Senju Pharmaceuticals.
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`1-800-FOR-DEPO
`
`Alderson Court Reporting
`
`2 (Pages 2 to 5)
`
`www.aldersonreporting.com
`
`Page 2
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`

`
`Shirou Sawa
`
`March 18, 2016
`
`Washington, D.C.
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`Page 6
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`Page 8
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` Q. What is your current title?
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` A. I'm a manager.
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` Q. In any particular department?
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` A. Yes, it is.
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` Q. What department?
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` A. Ocular science laboratory. Formulation
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`design group.
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` INTERPRETER KASHIWAGI: The check
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`interpreter for Senju says perhaps drug discovery
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`design.
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` INTERPRETER MITRIK: Discovery design
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`group. The Japanese title is Senju manager. In
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`English, it's simply a manager.
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` (Recess.)
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` MS. SUZUKI: I want to backtrack a little
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`bit and just have everyone state their appearances
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`for the record. I'm Chiemi Suzuki from Crowell &
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`Moring here for the Lupin Petitioners and with me is
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`Shannon Lentz also of Crowell & Moring.
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` MS. LEBEIS: I'm Jessica Lebeis, I'm with
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`Finnegan, on behalf of the Patent Owner. I'm here
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`with Chiaki Fujiwara, Naoko Kishida of Senju, and
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` A. No.
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` Q. It's important that you understand each
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`question that I ask you. If for any reason you do
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`not understand the question, please let me know and
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`I will rephrase the question into one that you can
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`understand. Will you let me know if you do not
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`understand a question that I ask?
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` A. Yes.
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` Q. It's also important that you finish your
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`answer before I begin to ask my next question. Will
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`you let me know if you have not finished an answer
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`at the time that I ask my next question?
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` A. Yes.
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` Q. Please recognize that there is a court
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`reporter here recording this deposition, and a
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`translator, several translators here translating
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`between English and Japanese. Please keep two
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`things in mind. First, the reporter and translator
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`must be able to hear you. Second, the reporter and
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`translator can only record and translate one person
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`at a time. So we should try to avoid cross-talking
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`or more than one person speaking at the same time.
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`Page 9
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`Yuko Kashiwagi, the check interpreter for the Patent
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`Page 7
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`Owners.
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`BY MS. SUZUKI:
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` Q. Mr. Sawa, I just introduced myself on the
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`record, but my name is Chiemi Suzuki, and I'm from
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`the law firm of Crowell & Moring. We represent the
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`Lupin Petitioners against Senju in IPR 2015-01097,
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`regarding U.S. Patent Number 8,751,131; IPR
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`2015-01099, regarding U.S. Patent Number 8,669,290;
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`IPR 2015-01100, regarding U.S. Patent Number
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`8,927,60; and IPR 2015-01105, regarding U.S. Patent
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`Number 8,871,813. And if I refer to those IPRs, for
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`1097, 1099, 1100 and 1105 IPRs today as these IPRs
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`or this IPR, would you understand what I mean?
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` A. Yes.
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` Q. I'm going to ask you a number of
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`questions today and you're to answer the questions
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`to the best of your ability. Do you understand
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`that?
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` A. Yes.
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` Q. Is there any reason you cannot testify
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`truthfully today?
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`Do you understand that?
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` A. Yes.
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` Q. Also, the reporter cannot take down nods
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`responses. So on behalf of the reporter and me,
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`please respond loudly and clearly and verbally at
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`all times. Will you do so?
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` A. Yes.
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` Q. Mr. Sawa, you've had your deposition
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`taken previously, correct?
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` A. Yes.
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` Q. On how many occasions have you had your
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`deposition taken previously?
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` A. What kind of deposition are you referring
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`to? Are you referring to any and all depositions?
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` Q. Why don't I ask you a different question.
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`You've had your deposition taken previously
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`regarding the Prolensa patents in another IPR and in
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`a District Court litigation, is that right?
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` A. I don't understand.
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` Q. You had your deposition taken in an inter
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`partes review proceeding regarding Prolensa several
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`1-800-FOR-DEPO
`
`Alderson Court Reporting
`
`3 (Pages 6 to 9)
`
`www.aldersonreporting.com
`
`Page 3
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`

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`Shirou Sawa
`
`March 18, 2016
`
`Washington, D.C.
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`Page 10
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`weeks ago, correct?
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` MS. LEBEIS: Objection. Vague and
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`ambiguous.
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` THE WITNESS: Yes.
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`BY MS. SUZUKI:
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` Q. Have you also had your deposition taken
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`in the United States District Court proceeding Senju
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`v. Watson and other parties, regarding Prolensa
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`patents?
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` MS. LEBEIS: Objection. Vague and
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`ambiguous.
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` THE WITNESS: I don't know.
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`BY MS. SUZUKI:
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` Q. I'm going to ask you some questions about
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`your preparation for today's deposition, and I am
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`going to try to avoid asking anything that would be
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`privileged, but yes or no, did you do anything to
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`prepare for this deposition today?
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` MS. LEBEIS: I would just caution the
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`witness to answer yes or no.
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` THE WITNESS: Yes.
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`BY MS. SUZUKI:
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` A. Yes. The interpreter Kashiwagi and
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`employee Miss Kishida.
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` Q. Is Miss Kashiwagi here as an interpreter
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`today?
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` A. Yes.
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` Q. Is Miss Kashiwagi an attorney?
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` MS. LEBEIS: Objection to the extent it
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`calls for a legal conclusion and form of the
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`question.
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` THE WITNESS: I don't know.
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`BY MS. SUZUKI:
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` Q. In your preparation for the deposition,
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`in addition to your meeting for about eight hours
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`yesterday, did you have any other meetings with
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`counsel to prepare?
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` A. No.
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` Q. In your preparation for this deposition,
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`did you review any documents?
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` MS. LEBEIS: I would caution the witness
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`that he may answer yes or no, but not to disclose
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`any documents that he might have reviewed.
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` THE WITNESS: Yes.
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`Page 13
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` Q. Without revealing privileged information,
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`what did you do to prepare for this deposition
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`today?
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` MS. LEBEIS: I would caution the witness
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`that you can answer, but not to disclose any
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`communications he might have had with counsel.
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` THE WITNESS: I talked with Finnegan
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`attorneys yesterday.
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`BY MS. SUZUKI:
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` Q. Which Finnegan attorneys did you speak
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`with yesterday?
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` A. I don't know the last name, but Jessica
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`and Chiaki Fujiwara.
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` Q. Other than Ms. Lebeis and Ms. Fujiwara,
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`were there any other counsel present during your
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`meetings yesterday?
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` A. No, they were not present.
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` Q. For how long did you meet with counsel
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`yesterday?
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` A. About eight hours.
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` Q. During your meeting with Ms. Lebeis and
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`Miss Fujiwara yesterday, was anyone else present?
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` MS. SUZUKI: Counsel, can you represent
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`that all of the documents that Mr. Sawa reviewed in
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`preparation for this deposition have been produced
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`as part of this IPR?
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` MS. LEBEIS: I believe so. Yes.
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`BY MS. SUZUKI:
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` Q. Mr. Sawa, did you review any deposition
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`transcripts in preparation for today's deposition?
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` MS. LEBEIS: Again, I caution the witness
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`that he may answer yes or no, but not to disclose
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`any documents that he reviewed.
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` INTERPRETER MITRIK: The witness asked to
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`explain what the transcript is in Japanese.
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` INTERPRETER KASHIWAGI: The check
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`interpreter suggests shogenroku.
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` THE WITNESS: No.
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`BY MS. SUZUKI:
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` Q. Have you ever at any time reviewed your
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`own deposition transcripts from the InnoPharma v.
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`Senju IPR proceeding?
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` A. No.
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` Q. And I have used this term probably
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`1-800-FOR-DEPO
`
`Alderson Court Reporting
`
`4 (Pages 10 to 13)
`
`www.aldersonreporting.com
`
`Page 4
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`

`
`Shirou Sawa
`
`March 18, 2016
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`Washington, D.C.
`
`Page 14
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`Page 16
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`several times now. IPR. If I refer to IPR, meaning
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`inter partes review, will you understand what I
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`mean?
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` A. Yes.
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` Q. Have you discussed this IPR with anyone
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`besides counsel?
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` MS. LEBEIS: I would caution the witness
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`he can answer yes or no.
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` THE WITNESS: No.
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`BY MS. SUZUKI:
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` Q. In addition to your meeting with counsel
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`yesterday and your review of documents, have you
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`done anything else to prepare for today's
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`deposition?
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` MS. LEBEIS: Same caution to the witness,
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`not to reveal any communications with counsel.
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` THE WITNESS: No.
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`BY MS. SUZUKI:
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` Q. Mr. Sawa, I handed you a document
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`labelled Petitioner's Notice of Cross-examination of
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`Shirou Sawa. I understand that has been filed in
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`this IPR. Do you have that in front of you?
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`BY MS. SUZUKI:
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` Q. Mr. Sawa, I handed you a document that
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`has previously been marked as Exhibit Senju Exhibit
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`2098, which if you will turn to page 15 of 613,
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`appears to be your declaration and the appendices to
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`that declaration. Do you have that in front of you?
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` A. Yes.
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` Q. Is Exhibit 2089 your declaration
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`concerning U.S. patent numbers 8,669,290, 8,754,131,
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`8,871,813 and 8,927,606?
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` A. Yes.
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` Q. Mr. Sawa, I'll represent to you that this
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`is the version of your declaration that counsel
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`provided to us as part of these IPRs. It includes a
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`declaration and Appendices 1 through 3 to the
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`declaration in Japanese, and also an English
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`translation of the declaration and Appendices 1
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`through 3. And also some certificates of
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`translation.
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` MS. LEBEIS: Counsel, I believe it's
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`Appendices A, B and C.
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`BY MS. SUZUKI:
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`Page 17
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`Page 15
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` MS. LEBEIS: Counsel, Mr. Sawa has
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`testified previously that he doesn't read English,
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`so if you have a translation of this document, but I
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`don't think he is going to be able to answer based
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`on this English copy.
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` MS. SUZUKI: So he cannot even -- I did
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`not ask him anything substantive about the document.
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` MS. LEBEIS: But he won't be able to
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`identify the English title.
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` MS. SUZUKI: Why don't we just strike
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`that question, and I'll just ask counsel, can we
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`stipulate that Mr. Sawa is here pursuant to this
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`notice of cross-examination?
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` MS. LEBEIS: Yes.
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` MS. SUZUKI: Mr. Sawa, you can put that
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`document aside. Counsel, can we also stipulate that
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`the questions I ask today, unless otherwise stated,
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`apply equally to IPR 2015-01097, IPR 2015-01099, IPR
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`2015-01100 and IPR 2015-01105?
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` MS. LEBEIS: Yes.
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` (Senju Exhibit No. 2098 was
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` marked for identification.)
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` Q. I apologize. Let me say that again.
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`I'll represent to you that this is the version that
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`counsel provided to us as part of these IPRs, and
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`that it includes a declaration and Appendices A, B
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`and C to the declaration in Japanese, and an English
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`translation of the declaration and Appendices A, B
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`and C, and some certificates of translation.
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` And I'll just note for the record that
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`page 1 of 613 of Senju Exhibit 2098 is an affidavit
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`of translation. Page 29 of 613 is a certificate of
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`translation. And that is for what is referred to in
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`page 29 as Exhibit A, Exhibit B, and Exhibit C.
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` MS. SUZUKI: Counsel, can we stipulate
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`that those exhibits, exhibits A, B and C correspond
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`to Appendices A, B and C to Mr. Sawa's declaration.
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` MS. LEBEIS: Yes.
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` MS. SUZUKI: And it appears that that
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`same certificate of translation at page 29 occurs
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`two other times in this volume, at page 379 and page
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`387. Counsel, do you know if those are the exact
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`same copies of that certificate of translation?
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` MS. LEBEIS: Yes. They are the same
`
`1-800-FOR-DEPO
`
`Alderson Court Reporting
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`5 (Pages 14 to 17)
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`www.aldersonreporting.com
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`Page 5
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`

`
`Shirou Sawa
`
`March 18, 2016
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`Washington, D.C.
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`Page 18
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`Page 20
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`certificate of translation.
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` MS. SUZUKI: Thank you.
`
`BY MS. SUZUKI:
`
` Q. Mr. Sawa, if you'll please turn to page
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`27 of 613 in Senju Exhibit 2098.
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` A. Yes.
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` Q. Is that your signature at the bottom of
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`the page on page 27?
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` A. Yes.
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` Q. You signed your declaration on February
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`18, 2016, correct?
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` A. Yes.
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` Q. Do you recall where you were when you
`
`signed your declaration?
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` A. Yes.
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` Q. Where were you?
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` A. In Japan.
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` Q. Any particular place in Japan?
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` A. Yes.
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` Q. Where in Japan were you when you signed
`
`your declaration?
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` A. Senju Pharmaceuticals laboratory.
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`front cover of your declaration and it refers here
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`to four different patents, correct?
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` A. Yes.
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` Q. If I refer to U.S. Patent Number
`
`8,669,290 as the '290 patent, will you understand
`
`what I mean?
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` A. I don't know the details regarding the
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`patent.
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` Q. I think I asked a different question. If
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`I refer to U.S. Patent Number 8,754,131 from time to
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`time as the '131 patent, just by name, will you
`
`understand what I mean?
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` A. Yes.
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` Q. If I refer to U.S. Patent Number
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`8,669,290 by name as the '290 patent, will you
`
`understand what I mean?
`
` A. Yes.
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` Q. If I refer to U.S. Patent Number
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`8,871,813 by name as the '813 patent, will you
`
`understand what I mean?
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` A. Yes.
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` Q. If I refer to U.S. Patent Number
`
`Page 21
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` Q. Were you in your office when you signed
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`Page 19
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`your declaration?
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` A. Yes.
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` Q. Was anyone else present when you signed
`
`your declaration in your office?
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` A. I don't recall.
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` Q. After you signed your declaration, what
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`did you do with the signed copy?
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` MS. LEBEIS: Objection. Vague and
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`ambiguous.
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` THE WITNESS: I took a copy near my copy
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`machine.
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`BY MS. SUZUKI:
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` Q. What did you do with the copy?
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` MS. LEBEIS: Objection. Vague and
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`ambiguous.
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` THE WITNESS: I send it to Ms. Fujiwara.
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`BY MS. SUZUKI:
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` Q. Did you send it by email?
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` A. Yes.
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` Q. If you'll turn to page 15 of 613, please.
`
`And let me know when you're there. This is the
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`8,927,606 as the '606 patent, will you understand
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`what I mean?
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` A. Yes.
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` Q. If I refer to the '131, '290, '606 and
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`'813 patents collectively at the patents at issue,
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`will you understand what I mean?
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` A. Yes.
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` Q. Your declaration refers to Appendix A,
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`correct?
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` MS. LEBEIS: Counsel, if you could point
`
`him to the portion of his declaration that you're
`
`referring to, that might make it easier. This is a
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`large document.
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`BY MS. SUZUKI:
`
` Q. Sure. I'm just asking whether he refers
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`at any point in the actual written part of the
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`declaration, which is pages 15 to 27, to something
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`called Appendix A. Do you do that at some point in
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`your written declaration at pages 15 to 27?
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` A. Yes.
`
` Q. And if you would turn, please, to the
`
`section of Senju Exhibit 2098 that spans pages 204
`
`1-800-FOR-DEPO
`
`Alderson Court Reporting
`
`6 (Pages 18 to 21)
`
`www.aldersonreporting.com
`
`Page 6
`
`

`
`Shirou Sawa
`
`March 18, 2016
`
`Washington, D.C.
`
`Page 22
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`Page 24
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`to page 377, is that Exhibit -- excuse me, is that
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`Appendix A to your declaration?
`
` A. Yes, this is Appendix A.
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` MS. SUZUKI: Counsel, can we stipulate
`
`that the English translation of Appendix A is at
`
`pages 30 to 203?
`
` MS. LEBEIS: Let me just take a look.
`
` MS. SUZUKI: Sure.
`
` MS. LEBEIS: Yes. That's right.
`
`BY MS. SUZUKI:
`
` Q. Mr. Sawa, the written part of your
`
`declaration at pages 15 through 27 refers to
`
`something called Appendix B, correct?
`
` A. Yes.
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` Q. And if you will turn, please, to the
`
`section of Senju Exhibit 2098 that goes from page
`
`383 to page 385, is that Appendix B to your
`
`declaration?
`
` A. Yes.
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` MS. SUZUKI: Counsel, can we stipulate
`
`that the English translation of Appendix B is at
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`pages 380 to 382 of this exhibit, Senju Exhibit
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`Appendix C.
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` MS. SUZUKI: Okay. So I apologize. 388
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`through 500 -- no. 388 through 382 is the English
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`translation of -- no. Strike that. Counsel, can we
`
`stipulate that pages 388 to 500 is the English
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`translation of Appendix C?
`
` MS. LEBEIS: Yes.
`
` MS. SUZUKI: Thank you. I apologize for
`
`the confusion there.
`
`BY MS. SUZUKI:
`
` Q. Mr. Sawa, if I refer to Appendix A,
`
`Appendix B, and Appendix C collectively as the
`
`appendices, will you understand what I mean?
`
` A. Yes.
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` MS. LEBEIS: Would now be a good time for
`
`a break? We've been going about an hour.
`
` MS. SUZUKI: I was just thinking it was a
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`natural breaking point, so let's do that.
`
` (Recess.)
`
`BY MS. SUZUKI:
`
` Q. Mr. Sawa, you submitted a declaration in
`
`the InnoPharma v. Senju IPR Number 2015-00902
`
`Page 25
`
`Page 23
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`2098?
`
` MS. LEBEIS: Yes.
`
`BY MS. SUZUKI:
`
` Q. Mr. Sawa, the written part of your
`
`declaration at pages 15 through 27 refers to
`
`something called Appendix C, correct?
`
` A. Yes.
`
` Q. If you would turn, please, to the section
`
`of Senju Exhibit 2098 that runs from page 501
`
`through the end of the document, which is page 613,
`
`is that Appendix C to your declaration?
`
` A. Yes.
`
` MS. SUZUKI: Counsel, can we stipulate
`
`that the English translation of Appendix C is at
`
`pages 386 to 500 of Senju Exhibit 2098?
`
` MS. LEBEIS: I believe the translation
`
`starts at page 388 and then runs through page 500.
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` MS. SUZUKI: Okay. So can we stipulate
`
`that pages 388 to 500 are the English translation of
`
`Appendix B?
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` MS. LEBEIS: They are the English --
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`pages 388 to 500 are the English translation of
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`regarding the '290 patent, and U.S. Patent Number
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`8,129,431, correct?
`
` MS. LEBEIS: Objection to the form.
`
` THE WITNESS: Do you mean -- not this one
`
`here?
`
`BY MS. SUZUKI:
`
` Q. Let me ask you a different question. You
`
`had your deposition taken a few weeks ago in the
`
`InnoPharma v. Senju IPR, correct?
`
` A. Yes.
`
` Q. And you were asked questions at that
`
`deposition about a declaration you had prepared in
`
`the InnoPharma v. Senju IPR, correct?
`
` A. Yes.
`
` Q. If I refer to the InnoPharma v. Senju IPR
`
`numbers 2015-00902 and 2015-00903 as the InnoPharma
`
`v. Senju IPR, will you understand what I'm talking
`
`about?
`
` A. Yes.
`
` Q. And just to back track momentarily, one
`
`housekeeping matter. I'd like to mark as Lupin
`
`Exhibit 1086, Petitioners' notice of
`
`1-800-FOR-DEPO
`
`Alderson Court Reporting
`
`7 (Pages 22 to 25)
`
`www.aldersonreporting.com
`
`Page 7
`
`

`
`Shirou Sawa
`
`March 18, 2016
`
`Washington, D.C.
`
`Page 26
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`Page 28
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`cross-examination of Shirou Sawa that we discussed
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`earlier.
`
` (Lupin Exhibit No. 1086 was
`
` marked for identification.)
`
` THE WITNESS: Okay.
`
`BY MS. SUZUKI:
`
` Q. Is there any difference in the content of
`
`your declaration in this IPR and the declaration you
`
`prepared in the InnoPharma v. Senju IPR?
`
` A. Patent numbers are different.
`
`Abbreviation of the patent numbers.
`
` Q. Other than the patent numbers and
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`abbreviation of the patent numbers, is there any
`
`other difference in the context of your declaration
`
`in this IPR and the declaration in the InnoPharma v.
`
`Senju IPR?
`
` A. No, there isn't.
`
` Q. Did your declaration in the InnoPharma v.
`
`Senju IPR also contain Appendices A, B and C?
`
` A. Yes.
`
` Q. Now, you have an understanding that there
`
`is a patent litigation in New Jersey, Senju v.
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`Senju IPR were for patent litigation?
`
` MS. LEBEIS: Objection. Vague and
`
`ambiguous.
`
` THE WITNESS: I don't recall.
`
`BY MS. SUZUKI:
`
` Q. Is there anything that you could look at
`
`that would refresh your recollection as to whether
`
`any of the other declarations regarding the data in
`
`Appendices A, B and C, other than your declaration
`
`in this IPR and the InnoPharma v. Senju IPR were for
`
`patent litigation?
`
` MS. LEBEIS: Objection. Vague and
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`ambiguous. Objection to the form of the question.
`
` THE WITNESS: Yes, I think there is
`
`somewhere.
`
`BY MS. SUZUKI:
`
` Q. Now, these other declarations regarding
`
`the data in Appendices A, B and C, other than the
`
`InnoPharma v. Senju IPR declaration and this
`
`declaration, are there any differences in the
`
`content among the various declarations?
`
` MS. LEBEIS: Objection. Asked and
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`Page 29
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`Page 27
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`Watson and InnoPharma, correct?
`
` MS. LEBEIS: Objection. Vague and
`
`ambiguous.
`
` THE WITNESS: No, I don't know.
`
`BY MS. SUZUKI:
`
` Q. Mr. Sawa, have you prepared any other
`
`declarations regarding the data in Appendices A, B
`
`and C, other than the declaration in this IPR and
`
`the declaration in the InnoPharma v. Senju IPR?
`
` A. Yes.
`
` Q. How many other declarations regarding the
`
`data in Appendices A, B and C, other than this IPR
`
`and InnoPharma v. Senju IPR have you prepared?
`
` A. I can't remember how many.
`
` Q. Could it be more than one?
`
` MS. LEBEIS: Objection. Asked and
`
`answered.
`
` THE WITNESS: Yes.
`
`BY MS. SUZUKI:
`
` Q. Do you know if any of the other
`
`declarations regarding the data in Appendices A, B
`
`and C, other than this IPR and the InnoPharma v.
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`answered. Vague and ambiguous.
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` THE WITNESS: Did you say declaration
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`regarding this A, B and C?
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`BY MS. SUZUKI:
`
` Q. Yes. I was referring to any declarations
`
`that you've prepared regarding the data in
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`Appendices A, B and C.
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` A. Sorry. I misunderstood. I have not
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`prepared declaration regarding this.
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` Q. So the InnoPharma v. Senju IPR
`
`declaration and your declaration in this IPR are the
`
`only declarations that you've prepared regarding the
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`data in Appendices A, B and C?
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` MS. LEBEIS: Objection to the extent it
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`mischaracterizes prior testimony.
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` THE WITNESS: Yes.
`
`BY MS. SUZUKI:
`
` Q. Mr. Sawa, you worked at Senju in the time
`
`period 2000 to 2002, correct?
`
` A. Yes.
`
` Q. What was your title at Senju during the
`
`period 2000 to 2002?
`
`1-800-FOR-DEPO
`
`Alderson Court Reporting
`
`8 (Pages 26 to 29)
`
`www.aldersonreporting.com
`
`Page 8
`
`

`
`Shirou Sawa
`
`March 18, 2016
`
`Washington, D.C.
`
`Page 30
`
`Page 32
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` A. Researcher.
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` Q. Researcher in any particular department
`
`within Senju?
`
` MS. LEBEIS: Objection to the form of the
`
`question.
`
` THE WITNESS: Yes.
`
`BY MS. SUZUKI:
`
` Q. What department?
`
` A. Applied development group.
`
` Q. Mr. Sawa, you referred to a particular
`
`page of Senju Exhibit 2098 to answer my question
`
`about what department you were a researcher in
`
`during the 2000 to 2002 period. What page were you
`
`referring to?
`
` A. Page 205.
`
` Q. What on page 205 provided the information
`
`that you were in the applied development group in
`
`the 2000 to 2002 period?
`
` A. Because it says on that last line of this
`
`page, prior to my supervisor's signature, it says,
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`applied development GM.
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` Q. What is an applied development GM?
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`or working on certain theme or you said device,
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`whether it is okay to conduct this experiment.
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`Since it's kind of vague, that's all I can think of.
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` Q. Would the applied development group
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`manager during the 2000 to 2002 period decide what
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`experiments would be run?
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` MS. LEBEIS: Objection. Calls for
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`speculation.
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` INTERPRETER MITRIK: The witness asked to
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`repeat.
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` THE WITNESS: Are you asking what the
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`group manager had decided or whether he would have
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`made such decisions?
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`BY MS. SUZUKI:
`
` Q. Let's start with whether the group
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`manager would have made decisions about what
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`experiments would be run.
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` MS. LEBEIS: Objection. Calls for
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`speculation.
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` THE WITNESS: It doesn't seem like the
`
`questions have changed.
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`BY MS. SUZUKI:
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`Page 31
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` A. It refers to group manager of applied
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`development group.
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` Q. And the group manager of the applied
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`development group, at least as of the time that page
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`205 was signed, was Akira Ohtori, correct?
`
` A. Yes.
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` Q. At least in the time period when page 205
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`was signed, did you report directly to Mr. Ohtori?
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` A. Yes.
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` Q. During that same time period, did you
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`report to anyone else in the applied development
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`group?
`
` A. No.
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` Q. What does an applied development group
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`manager do?
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` MS. LEBEIS: Objection. Vague and
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`ambiguous.
`
` THE WITNESS: The person who would decide
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`the policy or give advice to our experiments.
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`BY MS. SUZUKI:
`
` Q. What do you mean by decide a policy?
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` A. Things like getting a company's approval
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` Q. For the test called study of the
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`formulation of Bronuck ophthalmic solution at pH 7,
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`which is at page 204 and 205 of Exhibit 2098, did
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`the applied development group manager decide what
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`experiments would be run for this particular test?
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` MS. LEBEIS: Objection to the extent it
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`mischaracterizes the document.
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` THE WITNESS: No.
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`BY MS. SUZUKI:
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` Q. For this test, the protocol for which is
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`at 204 to 205, do you know who decided what
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`experiments would be run?
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` MS. LEBEIS: Objection to the extent it
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`mischaracterizes the document.
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` THE WITNESS: I decided.
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`BY MS. SUZUKI:
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` Q. Do you recall how you decided what
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`experiments would be run for the test on pages 204
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`to 205?
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` MS. LEBEIS: Objection to the extent it
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`mischaracterizes the document. Vague and ambiguous.
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` THE WITNESS: I don't recall.
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`1-800-FOR-DEPO
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`Alderson Court Reporting
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`9 (Pages 30 to 33)
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`www.aldersonreporting.com
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`Page 9
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`

`
`Shirou Sawa
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`March 18, 2016
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`Washington, D.C.
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`Page 34
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`Page 36
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`BY MS. SUZUKI:
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` Q. Do you know when you were first contacted
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`about this IPR?
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` MS. LEBEIS: Objection. Vague and
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`ambiguous. Calls for speculation. I would caution
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`the witness, he can answer, but not to reveal any
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`communications he had with counsel.
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` THE WITNESS: I don't recall in detail,
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`but I think it was around March 2nd or 3rd of this
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`year.
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`BY MS. SUZUKI:
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` Q. Mr. Sawa, if you'll recall, your
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`declarat