US Patent and Trademark Office
`_________________________________________
`
`Coalition for Affordable Drugs VI
`v.
`Celgene
`
`_________________________________________
`
`Video Deposition of:
`Dr. Joseph DiPiro, Volume 1
`May 2, 2016
`
`CFAD VI 1085 - 0001
`CFAD VI v. CELGENE
`IPR2015-01103
`
`
`_________________________________________
`
`Coalition for Affordable Drugs VI
`v.
`Celgene
`
`_________________________________________
`
`Video Deposition of:
`Dr. Joseph DiPiro, Volume 1
`May 2, 2016
`
`CFAD VI 1085 - 0001
`CFAD VI v. CELGENE
`IPR2015-01103
`
`
`
`US Patent Trademark Office
`CFAD v. Celgene
`
`FINAL - May 2, 2016
`Dr. Joseph DiPiro, Vol. 1
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`----------------------------------------------
`COALITION FOR AFFORDABLE DRUGS VI LLC,
`
`Page 1
`
` Petitioner,
`v.
`CELGENE CORPORATION,
` Patent Owner.
`
`Case: IPR2015-01092
` IPR2015-01096
` IPR2015-01102
` IPR2015-01103
`----------------------------------------------
`
`VIDEO DEPOSITION OF
`Dr. Joseph DiPiro, Volume 1
`May 2, 2016
`New York, New York
`Lead: Sadaf Abdullah, Esquire
`Firm: Skiermont Derby
`
`FINAL COPY
`JANE ROSE REPORTING 1-800-825-3341
`
`JANE ROSE REPORTING
`1-800-825-3341
`
`National Court-Reporting Coverage
`janerose@janerosereporting.com
`
`CFAD VI 1085 - 0002
`
`
`
`US Patent Trademark Office
`CFAD v. Celgene
`
`FINAL - May 2, 2016
`Dr. Joseph DiPiro, Vol. 1
`
`Page 2
`
` A P P E A R A N C E S
`
`ATTORNEYS FOR PETITIONER
` Sadaf R. Abdullah, Esquire
` Parvathi Kota, Ph.D., Esquire
` SKIERMONT DERBY LLP
` 2200 Ross Avenue
` Suite 4800W
` Dallas, TX 75201
` Phone: 214.978.6615
`
`ATTORNEYS FOR PATENT OWNER
` Evangeline Shih, Esquire
` Frank C. Calvosa, Esquire
` QUINN EMANUEL URQUHART &
` SULLIVAN, LLP
` 51 Madison Avenue
` New York, NY 11010
` Phone: 212.849.7000
`
`JANE ROSE REPORTING
`1-800-825-3341
`
`National Court-Reporting Coverage
`janerose@janerosereporting.com
`
`CFAD VI 1085 - 0003
`
`
`
`US Patent Trademark Office
`CFAD v. Celgene
`
`FINAL - May 2, 2016
`Dr. Joseph DiPiro, Vol. 1
`
` A P P E A R A N C E S (Cont'd)
`
`Page 3
`
` Gasper J. LaRosa, Esquire
` JONES DAY
` 222 East 41st Street
` New York, NY 10017-6702
` Phone: 212.326.3939
`
`JANE ROSE REPORTING
` 74 Fifth Avenue
` New York, New York 10011
` 800-825-3341
` Christina Diaz, CRR, RMR, CSR, CLR
` Larry Moskowitz, Videographer
`
`JANE ROSE REPORTING
`1-800-825-3341
`
`National Court-Reporting Coverage
`janerose@janerosereporting.com
`
`CFAD VI 1085 - 0004
`
`
`
`US Patent Trademark Office
`CFAD v. Celgene
`
`FINAL - May 2, 2016
`Dr. Joseph DiPiro, Vol. 1
`
`Page 4
`
` TABLE OF CONTENTS
`
`Witness:
`Joseph DiPiro, Volume 1
`
`Examination
`By Ms. Abdullah....................Page 6
`
`Reporter Certification.............Page 250
`
`Notice to Read and Sign............Page 252
`
`Index of Exhibits..................Page 254
`
`JANE ROSE REPORTING
`1-800-825-3341
`
`National Court-Reporting Coverage
`janerose@janerosereporting.com
`
`CFAD VI 1085 - 0005
`
`
`
`US Patent Trademark Office
`CFAD v. Celgene
`
`FINAL - May 2, 2016
`Dr. Joseph DiPiro, Vol. 1
`
`Page 5
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` * * *
` NEW YORK, NEW YORK
` 9:34 a.m.
` * * *
` THE VIDEOGRAPHER: Good morning. 09:33:40
` We are now on the record. Here begins 09:33:41
` videotape number one, volume one in the 09:33:43
` deposition of Joseph DiPiro, Pharm.D in 09:33:46
` the matter of Coalition For Affordable 09:33:50
` Drugs VI versus Celgene. Today's date 09:33:53
` is May 2, 2016 and the time is 9:34 a.m. 09:33:56
` This deposition is being taken at 09:34:02
` the offices of Quinn Emanuel, 51 Madison 09:34:04
` Avenue, New York, New York and was made 09:34:09
` at the request of petitioner. 09:34:10
` My name is Larry Moskowitz and I am 09:34:13
` the videographer. The court reporter is 09:34:16
` Christina Diaz and we are with Jane Rose 09:34:18
` Reporting, New York, New York. 09:34:21
` Will counsel please introduce 09:34:22
` themselves for the record. 09:34:25
` MS. ABDULLAH: Sadaf Abdullah from 09:34:27
` Skiermont Derby on behalf of petitioner 09:34:29
` Coalition For Affordable Drugs VI, LLC. 09:34:35
` And with me is Parvathi Kota, also from 09:34:35
`
`JANE ROSE REPORTING
`1-800-825-3341
`
`National Court-Reporting Coverage
`janerose@janerosereporting.com
`
`CFAD VI 1085 - 0006
`
`
`
`US Patent Trademark Office
`CFAD v. Celgene
`
`FINAL - May 2, 2016
`Dr. Joseph DiPiro, Vol. 1
`
`Page 6
` the same firm. 09:34:38
` MS. SHIH: Evangeline Shih of Quinn 09:34:40
` Emanuel Urquhart & Sullivan of New York, 09:34:42
` representing the patent owner as well as 09:34:44
` the witness. With me today are Frank 09:34:47
` Calvosa, also of Quinn Emanuel and 09:34:51
` Gasper LaRosa of Jones Day, also 09:34:54
` representing patent owner as well as the 09:34:57
` witness. 09:34:59
` THE VIDEOGRAPHER: Will the 09:35:00
` reporter please administer the oath. 09:35:01
`J O S E P H D i P I R O,
` having been duly sworn by a Notary
` Public, was examined and testified as
` follows:
`EXAMINATION
`BY MS. ABDULLAH: 09:35:15
` Q. Good morning, Dr. DiPiro. 09:35:15
` A. Good morning. 09:35:18
` Q. Would you please state your name 09:35:20
`and address for the record. 09:35:22
` A. Joseph T. DiPiro, and home address 09:35:22
`is 3991 Reeds Landing Circle, Midlothian, 09:35:26
`Virginia. 09:35:31
` Q. Have you been deposed before? 09:35:35
`
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`JANE ROSE REPORTING
`1-800-825-3341
`
`National Court-Reporting Coverage
`janerose@janerosereporting.com
`
`CFAD VI 1085 - 0007
`
`
`
`US Patent Trademark Office
`CFAD v. Celgene
`
`FINAL - May 2, 2016
`Dr. Joseph DiPiro, Vol. 1
`
`Page 7
` A. Yes. 09:35:37
` Q. How many times? 09:35:38
` A. About three, three times before. 09:35:44
` Q. Even though you have been deposed 09:35:49
`before, I would like to review some 09:35:51
`guidelines for the deposition today just to 09:35:53
`remind you. I will be asking you questions 09:35:55
`throughout the deposition. If you do not 09:35:57
`understand my question, please ask me to 09:36:00
`repeat or rephrase. 09:36:01
` A. Yes. 09:36:02
` Q. If you answer, I will assume you 09:36:03
`understood the question. 09:36:04
` Is that fair? 09:36:06
` A. Yes. 09:36:06
` Q. Even though this is being 09:36:07
`videotaped, I will need you to give answers 09:36:09
`verbally because what we are saying is being 09:36:12
`transcribed. 09:36:14
` Do you understand that? 09:36:14
` A. Yes. 09:36:16
` Q. If you need to take a break at any 09:36:16
`time, let me know and we will take a break 09:36:20
`just as long as there is not a question 09:36:22
`pending. 09:36:24
`
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`JANE ROSE REPORTING
`1-800-825-3341
`
`National Court-Reporting Coverage
`janerose@janerosereporting.com
`
`CFAD VI 1085 - 0008
`
`
`
`US Patent Trademark Office
`CFAD v. Celgene
`
`FINAL - May 2, 2016
`Dr. Joseph DiPiro, Vol. 1
`
`Page 8
` Do you understand that? 09:36:24
` A. Yes. 09:36:24
` Q. And please wait until I finish my 09:36:25
`question before you answer because it helps 09:36:27
`the court reporter to transcribe what we are 09:36:29
`saying. 09:36:31
` Does that make sense? 09:36:31
` A. Yes. 09:36:32
` Q. Your counsel may object to some of 09:36:33
`my questions but unless she instructs you not 09:36:35
`to answer, you must still answer to the best 09:36:37
`of your ability. 09:36:39
` Do you understand that? 09:36:40
` A. Yes. 09:36:40
` Q. And you understand that you are 09:36:41
`testifying under oath today? 09:36:43
` A. Yes. 09:36:44
` Q. Is there any reason you can't 09:36:45
`testify truthfully and accurately today? 09:36:48
` A. There is no reason. 09:36:50
` Q. In the three proceedings or cases 09:36:53
`in which you testified at a deposition, were 09:36:59
`you serving as an expert? 09:37:02
` A. In two of those. 09:37:04
` Q. Which cases were those? 09:37:12
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`JANE ROSE REPORTING
`1-800-825-3341
`
`National Court-Reporting Coverage
`janerose@janerosereporting.com
`
`CFAD VI 1085 - 0009
`
`
`
`US Patent Trademark Office
`CFAD v. Celgene
`
`FINAL - May 2, 2016
`Dr. Joseph DiPiro, Vol. 1
`
`Page 9
` A. One involving the product Xyrem in 09:37:14
`a patent related case. 09:37:23
` Q. You said Xyrem? 09:37:28
` A. Xyrem. 09:37:30
` Q. How do you spell that? 09:37:32
` A. X-Y-R-E-M. 09:37:34
` Q. Was that an IPR proceeding or was 09:37:36
`it a district court litigation? 09:37:39
` A. I believe it would be called an IPR 09:37:41
`proceeding, as I understand it. 09:37:44
` Q. And were you testifying on behalf 09:37:53
`of the patent owner in that proceeding? 09:37:56
` A. Yes. 09:37:58
` Q. Who is the patent owner? 09:37:59
` A. Jazz Pharmaceuticals. 09:38:01
` Q. What was the other case in which 09:38:18
`you testified as an expert? 09:38:21
` A. It was -- well, it was 09:38:25
`approximately ten years ago, so my 09:38:27
`recollection is not that clear; but I do 09:38:29
`recall the product involved was Skelaxin. 09:38:35
` Q. Could you spell that, please. 09:38:39
` A. S-K-E-L-A-X-I-N. 09:38:42
` Q. Was that a district court 09:38:54
`proceeding? 09:38:56
`
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`1-800-825-3341
`
`National Court-Reporting Coverage
`janerose@janerosereporting.com
`
`CFAD VI 1085 - 0010
`
`
`
`US Patent Trademark Office
`CFAD v. Celgene
`
`FINAL - May 2, 2016
`Dr. Joseph DiPiro, Vol. 1
`
`Page 10
` A. I don't believe so. 09:38:58
` Q. What kind of case was it? 09:38:59
` A. I am not sure what would be a 09:39:04
`proper way to describe that. 09:39:06
` Q. Was it a patent case? 09:39:07
` A. It was a patent-related case. 09:39:09
` MS. SHIH: Give her a chance to 09:39:20
` finish her question before you answer. 09:39:21
`BY MS. ABDULLAH: 09:39:26
` Q. Did you testify in support of the 09:39:29
`branded company or was it a generic? 09:39:31
` A. It was in support of the 09:39:40
`patentholder. 09:39:41
` Q. Okay. That's fine. 09:39:42
` And what company was or is that? 09:39:46
` A. I am not absolutely certain, but I 09:39:48
`believe it was King Pharma. 09:39:56
` Q. And did you testify at trial for 09:40:00
`that case? 09:40:06
` A. No. 09:40:06
` Q. What was the subject matter of your 09:40:14
`testimony in that case? 09:40:15
` A. You are referring to the one 09:40:19
`approximately ten years ago? 09:40:21
` Q. Yes. 09:40:22
`
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`JANE ROSE REPORTING
`1-800-825-3341
`
`National Court-Reporting Coverage
`janerose@janerosereporting.com
`
`CFAD VI 1085 - 0011
`
`
`
`US Patent Trademark Office
`CFAD v. Celgene
`
`FINAL - May 2, 2016
`Dr. Joseph DiPiro, Vol. 1
`
`Page 11
` A. I really don't recall. It's, with 09:40:23
`that length of time, quite vague to me now. 09:40:30
` Q. Do you remember whether there were 09:40:33
`infringement issues involved? 09:40:35
` A. I don't. 09:40:36
` Q. Do you remember whether there were 09:40:38
`validity issues involved? 09:40:40
` A. I don't. 09:40:41
` Q. What kind of drug is Skelaxin? 09:40:44
` A. I haven't looked at anything 09:40:50
`related to that in ten years, so I don't 09:40:58
`recall. 09:41:03
` Q. Do you remember if it was a 09:41:03
`teratogenic drug? 09:41:06
` A. I don't recall. 09:41:08
` Q. What kind of drug is Xyrem? 09:41:12
` A. I know that it has a use for 09:41:22
`narcolepsy. 09:41:29
` Q. Do you know if it's a teratogen? 09:41:30
` A. Not that I am aware of. 09:41:32
` Q. How long ago did you testify in 09:41:37
`that proceeding for Xyrem? 09:41:42
` A. Earlier this year. 09:41:44
` Q. What month? 09:41:46
` A. It was -- I don't have the exact 09:41:53
`
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`National Court-Reporting Coverage
`janerose@janerosereporting.com
`
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`
`
`
`US Patent Trademark Office
`CFAD v. Celgene
`
`FINAL - May 2, 2016
`Dr. Joseph DiPiro, Vol. 1
`
`Page 12
`dates, but end of January. It's possible a 09:41:56
`couple of those days could have gone into 09:41:58
`early February. 09:42:02
` Q. What was the subject matter of your 09:42:02
`testimony in that case? 09:42:05
` A. Well, it related to the patent 09:42:22
`issues for the product. 09:42:28
` Q. Do you recall what kind of patent 09:42:38
`issues? 09:42:40
` A. Not at the moment. 09:42:51
` Q. You mentioned there is a third time 09:42:58
`that you were deposed. 09:43:01
` A. Yes. 09:43:02
` Q. What case was that for? 09:43:02
` A. It involved a family-related 09:43:05
`property issue, dispute. 09:43:11
` Q. Did you testify at trial for that 09:43:22
`case? 09:43:24
` A. No. 09:43:24
` Q. And how long ago was that? 09:43:26
` A. At least three years. It may have 09:43:29
`been as much as five years ago. 09:43:40
` Q. Aside from the testimony you have 09:43:43
`already described, did you testify at any 09:43:47
`other proceeding? 09:43:51
`
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`National Court-Reporting Coverage
`janerose@janerosereporting.com
`
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`
`
`
`US Patent Trademark Office
`CFAD v. Celgene
`
`FINAL - May 2, 2016
`Dr. Joseph DiPiro, Vol. 1
`
`Page 13
` A. By "testifying," do you mean also 09:43:53
`submitting a report or strictly deposition? 09:43:57
` Q. Deposition or trial testimony. 09:44:01
` A. There is no other -- I have no 09:44:03
`other history or experience with deposition 09:44:07
`or trial testimony. 09:44:11
` Q. Aside from the cases you have 09:44:14
`mentioned, are there any other cases in which 09:44:18
`you have submitted an expert report or 09:44:21
`declaration? 09:44:24
` A. Yes. 09:44:25
` Q. How many? 09:44:26
` A. I don't recall. This is back about 09:44:26
`ten years ago. There may have been two or 09:44:36
`three where I submitted reports. 09:44:40
` Q. Do you remember the subject matter 09:44:50
`of any of those? 09:44:51
` A. I don't. 09:44:52
` Q. Do you remember what drugs they 09:44:57
`related to? 09:44:59
` A. I don't. 09:45:00
` Q. Do you remember what companies were 09:45:00
`involved in those cases? 09:45:07
` A. I'm not certain. No, I don't. 09:45:08
` Q. Is there anything you do remember 09:45:13
`
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`janerose@janerosereporting.com
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`US Patent Trademark Office
`CFAD v. Celgene
`
`FINAL - May 2, 2016
`Dr. Joseph DiPiro, Vol. 1
`
`Page 14
`about those cases? 09:45:18
` A. Well, very little. And, again, ten 09:45:19
`years ago, and it's not something that I have 09:45:25
`had the opportunity to consider since, so 09:45:27
`it's not anything I have needed to remember. 09:45:30
`And your -- sorry. One of your questions, I 09:45:38
`am not sure I answered it in full. I also 09:45:42
`submitted testimony over the past 20 years on 09:45:46
`two occasions for a medical malpractice case 09:45:49
`-- cases. And those were reports without 09:45:56
`depositions. 09:46:05
` Q. Do any of -- withdrawn. 09:46:14
` Did any of those cases you have 09:46:15
`described relate to a teratogenic drug? 09:46:17
` A. Not to my knowledge. 09:46:22
` Q. Did any of those cases relate to a 09:46:24
`system for restricting distribution of drugs? 09:46:32
` A. Yes. 09:46:36
` Q. Which one, or which ones? 09:46:36
` A. The one earlier this year that 09:46:41
`involved Xyrem. 09:46:46
` Q. And what aspects of restricted 09:46:52
`distribution systems did that involve? 09:46:58
` MS. SHIH: Object to the form. 09:47:01
` A. At the moment, I am having trouble 09:47:04
`
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`janerose@janerosereporting.com
`
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`
`
`
`US Patent Trademark Office
`CFAD v. Celgene
`
`FINAL - May 2, 2016
`Dr. Joseph DiPiro, Vol. 1
`
`Page 15
`recalling that, what the particulars of the 09:47:17
`case were. 09:47:21
`BY MS. ABDULLAH: 09:47:23
` Q. Has there ever been a challenge to 09:47:23
`your credentials as an expert in any past 09:47:52
`proceeding? 09:47:54
` A. Not that I am aware of. 09:47:55
` Q. Currently, approximately what 09:48:01
`percentage of your professional time do you 09:48:05
`spend on litigation-related work? 09:48:07
` A. Could you clarify that to indicate, 09:48:09
`if it's a percentage, over what year -- over 09:48:16
`a year, over five years? 09:48:22
` Q. Let's say within the past year. 09:48:24
` A. I don't have an exact calculation. 09:48:29
`Roughly, it would be a couple of percent, 09:48:41
`something like that. 09:48:47
` Q. Two percent or around that? 09:48:48
` A. Yes. Some small percentage. 09:48:50
` Q. When were you first contacted about 09:48:59
`this IPR proceeding? 09:49:05
` MS. SHIH: I would just caution the 09:49:07
` witness not to reveal any 09:49:08
` attorney-client privileged 09:49:09
` communications, but you can answer that 09:49:11
`
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`
`National Court-Reporting Coverage
`janerose@janerosereporting.com
`
`CFAD VI 1085 - 0016
`
`
`
`US Patent Trademark Office
`CFAD v. Celgene
`
`FINAL - May 2, 2016
`Dr. Joseph DiPiro, Vol. 1
`
`Page 16
` with a -- with a date, if you recall. 09:49:12
` A. Sometime in the fall. 09:49:15
`BY MS. ABDULLAH: 09:49:19
` Q. Last fall, 2015? 09:49:19
` A. Fall of 2015. 09:49:21
` Q. Who contacted you? 09:49:23
` MS. SHIH: Again, I caution the 09:49:25
` witness not to reveal attorney-client 09:49:26
` privileged communications, but you can 09:49:28
` give a name, if you recall. 09:49:29
` A. And it was either Attorney Shih or 09:49:32
`Attorney Calvosa. 09:49:40
`BY MS. ABDULLAH: 09:49:42
` Q. So it was someone from Quinn 09:49:42
`Emanuel? 09:49:45
` A. Yes. 09:49:45
` Q. What opinion or opinions were you 09:50:02
`asked to offer in this proceeding? 09:50:05
` MS. SHIH: Objection to the extent 09:50:08
` it calls for attorney-client privileged 09:50:10
` communications. If you can answer it 09:50:12
` without giving that, then you can give a 09:50:17
` general answer. 09:50:22
` A. I think mostly to respond to the 09:50:27
`testimony of Dr. Fudin. 09:50:32
`
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`JANE ROSE REPORTING
`1-800-825-3341
`
`National Court-Reporting Coverage
`janerose@janerosereporting.com
`
`CFAD VI 1085 - 0017
`
`
`
`US Patent Trademark Office
`CFAD v. Celgene
`
`FINAL - May 2, 2016
`Dr. Joseph DiPiro, Vol. 1
`
`Page 17
`BY MS. ABDULLAH: 09:50:41
` Q. Any other opinions you were asked 09:50:41
`to offer in this proceeding? 09:50:50
` MS. SHIH: Same objections. 09:50:51
` A. To my understanding, it was in that 09:50:57
`context, responding to Dr. Fudin. 09:51:01
`BY MS. ABDULLAH: 09:51:06
` Q. So just to be clear, nothing else? 09:51:06
` A. I'm not clear as to what else might 09:51:12
`be outside that realm, no. 09:51:16
` Q. Do you know Dr. Fudin? 09:51:18
` A. I have never met Dr. Fudin. 09:51:28
` Q. Were you aware of him prior to this 09:51:32
`proceeding? 09:51:34
` A. No. 09:51:36
` Q. And what is your compensation for 09:51:36
`this proceeding, hourly rate? 09:51:42
` A. Hourly rate? For the deposition 09:51:48
`time, 750. 09:51:52
` Q. And do you have a different rate 09:51:56
`for other tasks? 09:51:57
` A. For non-deposition time, 500. 09:52:00
` Q. Are there any other rates that you 09:52:09
`charge in connection with this proceeding? 09:52:12
` A. There is an additional fee for 09:52:19
`
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`JANE ROSE REPORTING
`1-800-825-3341
`
`National Court-Reporting Coverage
`janerose@janerosereporting.com
`
`CFAD VI 1085 - 0018
`
`
`
`US Patent Trademark Office
`CFAD v. Celgene
`
`FINAL - May 2, 2016
`Dr. Joseph DiPiro, Vol. 1
`
`Page 18
`overnight travel. 09:52:21
` Q. Anything else? 09:52:28
` A. No, other than reimbursement for 09:52:30
`expenses. 09:52:36
` Q. Approximately how much time have 09:52:40
`you spent working on these proceedings? 09:52:49
` A. Before coming here, generally, 09:52:54
`roughly, 15 hours. Maybe a little bit more. 09:53:00
`Fifteen to 20 hours, it could be. 09:53:11
` Q. Have you previously worked for 09:53:20
`Celgene in any capacity? 09:53:22
` A. No. 09:53:24
` Q. Let's begin with Celgene Exhibit 09:53:25
`2060, which is the declaration in the 1092 09:53:42
`case. 09:53:46
` And do you recognize that document 09:53:51
`in front of you? 09:53:53
` A. Yes. 09:53:54
` Q. This is the report you submitted in 09:53:55
`the 1092 case, right? 09:53:59
` A. Yes. 09:54:03
` Q. And turning to page 51, is that 09:54:05
`your signature? 09:54:12
` A. It is. 09:54:13
` Q. Did you write this declaration? 09:54:27
`
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`JANE ROSE REPORTING
`1-800-825-3341
`
`National Court-Reporting Coverage
`janerose@janerosereporting.com
`
`CFAD VI 1085 - 0019
`
`
`
`US Patent Trademark Office
`CFAD v. Celgene
`
`FINAL - May 2, 2016
`Dr. Joseph DiPiro, Vol. 1
`
`Page 19
` A. Yes, in collaboration with counsel. 09:54:33
` Q. And did you also write the 09:54:45
`declarations you submitted in the other three 09:54:46
`proceedings? 09:54:48
` A. Yes, in collaboration with counsel. 09:54:49
` Q. Did you collaborate with anyone 09:54:52
`else to write those reports? 09:54:55
` A. No. 09:54:56
` Q. Did you have any staff that worked 09:55:03
`on the declarations? 09:55:08
` A. My personal staff or -- 09:55:10
` Q. Yes, yours. 09:55:15
` A. No. 09:55:16
` Q. Do you know who Dr. Frau is? 09:55:26
` A. No. 09:55:38
` Q. You have never heard that name? 09:55:40
` A. I have heard the name but only 09:55:41
`since I have been here this week. 09:55:49
` Q. Do you currently have an 09:55:55
`understanding of who she is as it relates to 09:55:56
`this proceeding? 09:56:00
` A. No. I wasn't even aware it was a 09:56:02
`he or she. 09:56:04
` Q. So it's fair to say that you have 09:56:06
`never spoken with her about this proceeding? 09:56:08
`
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`JANE ROSE REPORTING
`1-800-825-3341
`
`National Court-Reporting Coverage
`janerose@janerosereporting.com
`
`CFAD VI 1085 - 0020
`
`
`
`US Patent Trademark Office
`CFAD v. Celgene
`
`FINAL - May 2, 2016
`Dr. Joseph DiPiro, Vol. 1
`
`Page 20
` A. Never. 09:56:10
` Q. Have you reviewed any declarations 09:56:16
`she has submitted in this proceeding? 09:56:18
` A. No. 09:56:22
` Q. Have you reviewed any deposition 09:56:22
`testimony that she has given in this 09:56:27
`proceeding? 09:56:29
` A. No. 09:56:30
` Q. I would like you to look at Exhibit 09:56:31
`1 in your declaration, which is your CV. You 09:56:53
`have had a career of approximately 38 years 09:57:18
`as a pharmacist; is that right? 09:57:20
` A. Yes. 09:57:22
` Q. And in the course of that 09:57:22
`professional work, have you ever prescribed 09:57:27
`drugs? 09:57:32
` A. I'm not sure what you mean, 09:57:32
`prescribe. Which context? 09:57:48
` Q. In any context have you ever 09:57:51
`prescribed drugs? 09:57:54
` A. In some definitions, and this could 09:57:55
`vary from state to state and context to 09:58:01
`context, institution to institution, and many 09:58:05
`years ago I would have on occasion written an 09:58:08
`order for a medication as a collaborative act 09:58:14
`
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`JANE ROSE REPORTING
`1-800-825-3341
`
`National Court-Reporting Coverage
`janerose@janerosereporting.com
`
`CFAD VI 1085 - 0021
`
`
`
`US Patent Trademark Office
`CFAD v. Celgene
`
`FINAL - May 2, 2016
`Dr. Joseph DiPiro, Vol. 1
`
`Page 21
`with a physician. It's sometimes called a 09:58:20
`voice order or a standing order. 09:58:29
` Q. Which specific setting would you 09:58:35
`have done that in? 09:58:36
` A. This would have been in the years 09:58:41
`that I was working at the Medical College of 09:58:43
`Georgia. 09:58:45
` Q. So you agree that in some 09:59:01
`circumstances pharmacists can write 09:59:03
`prescriptions? 09:59:06
` MS. SHIH: Objection to the form. 09:59:08
` Objection. Lack of foundation. 09:59:09
` A. I think that would depend on the 09:59:13
`context and the institution, the type of 09:59:16
`pharmacist. There are many variables that 09:59:22
`would play into the answer to that. 09:59:26
`BY MS. ABDULLAH: 09:59:27
` Q. But in some circumstances it would 09:59:27
`be permitted, right? 09:59:29
` MS. SHIH: Objection. 09:59:30
` A. Yes. 09:59:34
`BY MS. ABDULLAH: 09:59:42
` Q. When you wrote orders for the 09:59:42
`medications that you have mentioned, were any 09:59:44
`of
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