Highly Confidential - Subject to The Protective Order
`Deposition of Stephen G. Davies - February 29, 2016
`
` U N I T E D S T A T E S P A T E N T A N D T R A D E M A R K O F F I C E
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` B E F O R E T H E P A T E N T T R I A L A N D A P P E A L B O A R D
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`Page 1
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`_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
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`I N N O P H A R M A L I C E N S I N G , I N C . , )
`
`I N N O P H A R M A L I C E N S I N G L L C , )
`
`I N N O P H A R M A I N C . , I N N O P H A R M A L L C )
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`M Y L A N P H A R M A C E U T I C A L S I N C . a n d )
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`M Y L A N I N C . , )
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` P e t i t i o n e r s , ) C a s e N o s .
`
` v s . ) I P R 2 0 1 5 - 0 0 9 0 2
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`S E N J U P H A R M A C E U T I C A L C O . , L T D . , ) I P R 2 0 1 5 - 0 0 9 0 3
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`B A U S C H & L O M B , I N C . , a n d B A U S C H )
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`& L O M B P H A R M A H O L D I N G S C O R P . , )
`
` P a t e n t O w n e r . )
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`_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ )
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` H I G H L Y C O N F I D E N T I A L S U B J E C T T O T H E P R O T E C T I V E O R D E R
`
` V i d e o t a p e d D e p o s i t i o n o f :
`
` S T E P H E N G . D A V I E S , D . P h i l
`
` M o n d a y , F e b r u a r y 2 9 , 2 0 1 6
`
` W a s h i n g t o n , D C
`
`GregoryEdwards, LLC | Worldwide Court Reporting
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`
`

`
`Highly Confidential - Subject to The Protective Order
`Deposition of Stephen G. Davies - February 29, 2016
`
`Page 2
`
`2 (Pages 2 to 5)
`
`Page 4
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` A P P E A R A N C E S (continued)
`
` On behalf of InnoPharma Licensing, Inc.,
` InnoPharma Licensing LLC, InnoPharma Inc.,
` InnoPharma LLC, Mylan Pharmaceuticals Inc.,
` and Mylan Inc.:
` H. JAMES ABE, REG. PATENT ATTORNEY
` Alston & Bird LLP
` 333 South Hope Street, 16th Floor
` Los Angeles, California 90071
` 213-576-1000 (P) 213-576-1100 (F)
` james.abe@alston.com
`
` - and -
`
` JOSEPH M. JANUSZ, ESQUIRE
` Alston & Bird LLP
` Bank of America Plaza
` 101 South Tryon Street, Suite 4000
` Charlotte, North Carolina 28280-4000
` 704-444-1000 (P) 704-444-1738 (F)
` joe.janusz@alston.com
`
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` The Videotaped Deposition of STEPHEN
`4 G. DAVIES, D.Phil, was taken on Monday, February
`5 29, 2016, commencing at 9:04 a.m. at the law
`6 offices of Finnegan Henderson Farabow Garrett &
`7 Dunner, LLP, 901 New York Avenue, N.W.,
`8 Washington, D.C., before Cappy Hallock, Registered
`9 Professional Reporter, Certified Realtime
`10 Reporter, Certified LiveNote Reporter, and Notary
`11 Public in and for the District of Columbia.
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` A P P E A R A N C E S
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`1 A P P E A R A N C E S (continued)
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`Also Present:
`4 TJ O'Toole, CLVS
`5 Cappy Hallock, RPR, CRR, CLR
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` On behalf of Senju Pharmaceutical Co.,
` Ltd., Bausch & Lomb Incorporated and
` Bausch & Lomb Pharma Holdings Corp.:
` JESSICA LEBEIS, ESQUIRE
` Finnegan Henderson Farabow
` Garrett & Dunner, LLP
` 901 New York Avenue, N.W.
` Washington, D.C. 20001-4413
` 202-408-4000 (P) 202-408-4400 (F)
` jessica.lebeis@finnegan.com
`
` On behalf of Lupin Limited and Lupin
` Pharmaceuticals, Inc.:
` DEBORAH H. YELLIN, ESQUIRE
` Crowell & Moring LLP
` 1001 Pennsylvania Avenue, NW
` Washington, D.C. 20004-2595
` 202-624-2500 (P) 202-628-8844 (F)
` dyellin@crowell.com
`
`GregoryEdwards, LLC | Worldwide Court Reporting
`GregoryEdwards.com | 866-4Team GE
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`

`
`Highly Confidential - Subject to The Protective Order
`Deposition of Stephen G. Davies - February 29, 2016
`
`3 (Pages 6 to 9)
`
`Page 8
`
` E X H I B I T S (Continued)
`
` PRIOR MARKED EXHIBITS
`INNOPHARMA PAGE
`Exhibit 1059 Remington 20th Edition excerpt 30
`
`Exhibit 1004 U.S. Patent No. 4,910,225 31
`
`Exhibit 1019 Schott article: Comparing the 31
` Surface Chemical Properties
` and the Effect of Salts ...
`
`Exhibit 1061 2-22-16 District Court 40
` deposition of Davies
`
`Exhibit 1001 U.S. Patent No. 8,669,290 52
`
`Exhibit 1001 U.S. Patent No. 8,129,431 53
`
`Exhibit 1011 Australian Patent Application 91
` No. 22042/88
`///
`
` E X H I B I T S (Continued)
`
`Page 9
`
`SENJU PAGE
`Exhibit 2070 Giffney article: Acid 32
` Catalysed Hydrolysis of
` Substituted Acetanilides
`
`Exhibit 2071 Karve article: Kinetics of 34
` the Hydrolysis of Anilides
`
`Exhibit 2073 Aman article: Equilibrium 34
` Formation of Anilides from
` Carboxylic Acids and ...
`
`Exhibit 2074 Panarin article: Acid 36
` Hydrolysis of Benzylpenicillin
` Anilides
`
`Exhibit 2075 Barnett article: The Acid- 37
` Catalysed Hydrolysis of
` Acetanilide
`///
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` I N D E X
`
`Page 6
`
` Deposition of STEPHEN G. DAVIES, D.Phil
` February 29, 2016
`
`EXAMINATION BY: PAGE
` By Mr. Abe 13
` -o0o-
`
` E X H I B I T S
`
`Page 7
`
` PRIOR MARKED EXHIBITS
`INNOPHARMA PAGE
`Exhibit 1006 U.S. Patent No. 5,558,876 21
`
`Exhibit 1005 U.S. Patent No. 5,603,929 22
`
`Exhibit 1062 European Patent Application 23
` No. 88114804.3
`
`Exhibit 1035 International Patent 24
` Application No. PCT/US94/00188
`
`Exhibit 1063 U.S. Patent No. 5,110,493 25
`
`Exhibit 1064 U.S. Patent No. 5,504,113 26
`
`Exhibit 1065 U.S. Patent No. 6,265,444 28
`
`Exhibit 1022 U.S. Patent No. 5,597,560 29
`///
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`GregoryEdwards, LLC | Worldwide Court Reporting
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`Page 3
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`

`
`Highly Confidential - Subject to The Protective Order
`Deposition of Stephen G. Davies - February 29, 2016
`
` E X H I B I T S (Continued)
`
`Page 10
`
`SENJU PAGE
`Exhibit 2041 Streitwieser, Introduction to 37
` Organic Chemistry Third Edition
`
`Exhibit 2045 Selective Aromatic Substitution 38
` within a Cyclodextrin Mixed
` Complex
`
`Exhibit 2046 Sawada article: Measurement 39
` of Chiral Amino Acid
` Discrimination by Cyclic ...
`
`Exhibit 2100 Aree article: Crystal 40
` Structure of Beta-Cyclo-
` dextrin-benzoic acid ...
`
`Exhibit 2049 Davies Curriculum Vitae 42
`
`Exhibit 2105 IPR2015-00902 Davies 48
` Declaration
`
`4 (Pages 10 to 13)
`
`Page 12
`
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`21
`22
`
` P R O C E E D I N G S
` - - - - - -
` THE VIDEO OPERATOR: Stand by.
` On the record with Disc Number 1 of
`the video deposition of Professor Steven G. Davis
`taken by the Petitioner in the matter of
`InnoPharma Licensing, Inc., et al. versus Senju
`Pharmaceuticals Company Limited, et al. being
`heard before the Patent Trial and Appeal Board of
`the United States Patent & Trademark Office, Case
`Number IPR2015-00902.
` This deposition is being held at the
`Law Offices of Finnegan Henderson located at
`901 New York Avenue Northwest in Washington, D.C.
`on February 29th, 2016 at approximately 9:04 a.m.
` My name is TJ O'Toole. I am the
`Certified Legal Video Specialist. The court
`reporter is Cappy Hallock. We are both here
`representing GregoryEdwards LLC.
` Will counsel please introduce
`themselves and indicate which parties they
`represent.
`
`Page 11
`
`Page 13
`
` E X H I B I T S (Continued)
`
`SENJU PAGE
`Exhibit 2105 IPR2015-00903 Davies 50
` Declaration
`
`Exhibit 2120 Emanuel article: Oxidation 115
` of Organic Compounds
`
`Exhibit 2097 Donbrow article: Auto- 118
` oxidation of Polysorbates
` -o0o-
`
`1 MR. ABE: James Abe of Alston and Byrd
`2 for the InnoPharma Petitioners and the Mylan
`3 Petitioners.
`4 MR. JANUSZ: Joe Janusz also from
`5 Alston & Bird also on behalf of the Petitioners in
`6 these IPR proceedings.
`7 MS. YELLIN: Deborah Yellin on behalf
`8 of Crowell & Moring representing the Petitioner
`9 Lupin.
`10 MS. LEBEIS: Jessica Lebeis and again
`11 on behalf of Patent Owner Senju and Bausch & Lomb.
`12 THE VIDEO OPERATOR: Thank you.
`13 Will the court reporter please swear
`14 in the witness.
`15 WHEREUPON,
`16 STEVEN G. DAVIES, D. PHIL,
`17 A Witness called for examination, having
`18 been first duly sworn, was examined and testified
`19 as follows:
`20 EXAMINATION
`21 BY MR. ABE:
`22
`
` Q Q Good morning.
`
` Q Q
`
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`GregoryEdwards, LLC | Worldwide Court Reporting
`GregoryEdwards.com | 866-4Team GE
`
`Page 4
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`

`
`Highly Confidential - Subject to The Protective Order
`Deposition of Stephen G. Davies - February 29, 2016
`
`Page 14
`
`1
`
` A A Good morning.
`
` A A
`2
`
` Q Q Can you state your name for the
`
` Q Q
`3 record?
`4
`
` A A Stephen G. Davies.
`
` A A
`5
`
` Q Q And you have been deposed before.
`
` Q Q
`6
`
` A A I have, yes.
`
` A A
`7
`
` Q Q In fact, just last week.
`
` Q Q
`8
`
` A A Yes, indeed.
`
` A A
`9
`
` Q Q In connection with the related
`
` Q Q
`10 District Court matter?
`11
`
` A A That's correct.
`
` A A
`12
`
` Q Q You have also been deposed several
`
` Q Q
`13 times before that in other matters; is that right?
`14
`
` A A I have, yes.
`
` A A
`15
`
` Q Q Have you ever testified in a IPR,
`
` Q Q
`16 proceedings, a Inter Partes Review proceeding?
`17
`
` A A I don't believe so.
`
` A A
`18
`
` Q Q We'll go over some of the basic rules
`
` Q Q
`19 for today. I represent the Petitioners in this
`20 case, and I will be asking you questions and I
`21 will be expecting answers. Your counsel might
`22 object but I still expect an answer unless your
`
`5 (Pages 14 to 17)
`
`Page 16
`
`1
`
` A A That's fine.
`
` A A
`2
`
` Q Q Okay.
`
` Q Q
`3 Is there any reason you can't testify
`4 truthfully today?
`5
`
` A A Sorry, could you speak up a little
`
` A A
`6 bit? I didn't understand the question.
`7
`
` Q Q Sure. Is there any reason you can't
`
` Q Q
`8 testify truthfully today?
`9
`
` A A No.
`
` A A
`10
`
` Q Q Okay.
`
` Q Q
`11 MR. ABE: Counsel, will you stipulate
`12 the witness is here for his cross examination for
`13 IPR2015-00902 and 903?
`14 MS. LEBEIS: Yes.
`15 MR. ABE: And will you also stipulate
`16 my questions will apply for both IPRs unless I
`17 state otherwise?
`18 MS. LEBEIS: Yes.
`19 MR. ABE: Okay. Thank you.
`20 Just for clarification and the record,
`21 I will state the exhibit number of the -- in the
`22 902 proceeding or I will try to clarify if it's
`
`Page 15
`
`Page 17
`
`1 counsel instructs you not to answer.
`2 Is that okay?
`3
`
` A A Okay.
`
` A A
`4
`
` Q Q You understand you are testifying
`
` Q Q
`5 under oath?
`6
`
` A A Yes.
`
` A A
`7
`
` Q Q And let's not speak over each other so
`
` Q Q
`8 that the court reporter can take a clean
`9 transcript of our discussion, and please give me
`10 an audible answer.
`11 Is that okay?
`12
`
` A A Okay.
`
` A A
`13
`
` Q Q If you don't understand my question,
`
` Q Q
`14 just let me know. I will try to clarify. If you
`15 answer my question, I will assume you understood
`16 it.
`17 Is that okay?
`18
`
` A A Okay.
`
` A A
`19
`
` Q Q If you need a break just let me know
`
` Q Q
`20 but I will ask you that you answer any pending
`21 questions before you go on break.
`22 Is that okay?
`
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`different. Some of the exhibit numbers are the
`same in both cases whereas occasionally they are
`not the same, so I will try to make that as clear
`as possible.
` MS. LEBEIS: Okay.
`BY MR. ABE:
`
` Q Q Dr. Davies, how did you prepare for
`
` Q Q
`today's cross examination?
`
` A A I read my reports and I read my
`
` A A
`transcript from the deposition a week ago.
`
` Q Q Okay.
`
` Q Q
` When you said reports, were you
`referring to your District Court -- sorry, let me
`start that one.
` When you said reports were you
`referring to your expert reports that were served
`in the corresponding District Court litigation?
`
` A A I was referring to the two for today.
`
` A A
`
` Q Q Your declarations; is that right?
`
` Q Q
`
` A A Declarations, yes.
`
` A A
`
` Q Q Okay.
`
` Q Q
` Did you meet with counsel?
`
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`Page 5
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`

`
`Highly Confidential - Subject to The Protective Order
`Deposition of Stephen G. Davies - February 29, 2016
`
`Page 18
`
`1
`
` A A I did, yes.
`
` A A
`2
`
` Q Q When did you meet with counsel?
`
` Q Q
`3
`
` A A Yesterday afternoon.
`
` A A
`4
`
` Q Q Who did you meet with?
`
` Q Q
`5
`
` A A Mr. Diner.
`
` A A
`6
`
` Q Q Anybody else?
`
` Q Q
`7
`
` A A Nobody else.
`
` A A
`8
`
` Q Q Okay.
`
` Q Q
`9 For how long?
`10
`
` A A About eight hours.
`
` A A
`11
`
` Q Q Did you talk to any of the
`
` Q Q
`12 witnesses -- sorry, did you talk to any of the
`13 other witnesses that have submitted declarations
`14 in this IPR proceeding?
`15
`
` A A I have not, no.
`
` A A
`16
`
` Q Q Okay.
`
` Q Q
`17 You said you reviewed your
`18 declarations and the transcript of your deposition
`19 from the corresponding District Court litigation.
`20 Did you review anything else?
`21
`
` A A Some patents that came up in that
`
` A A
`22 deposition.
`
`6 (Pages 18 to 21)
`
`Page 20
`
`1
`
` Q Q And are you referring to
`
` Q Q
`2 Dr. Lawrence's deposition transcript from the
`3 District Court proceeding?
`4
`
` A A I don't recall. It would state in my
`
` A A
`5 District Court report what I have looked at it.
`6
`
` Q Q Okay. Just to clarify, today's
`
` Q Q
`7 deposition will be pertaining to your declaration
`8 in the IPR, so I know it's a little difficult for
`9 you to -- for you I assume it's all together, but
`10 technically we are separate proceedings so I want
`11 you to keep that in mind as you testify today.
`12 Now, you have been deposed last
`13 Monday, a week ago in the District Court
`14 proceeding. That's the transcript you mentioned
`15 that you had reviewed in preparation for today; is
`16 that right?
`17
`
` A A That's correct, yes.
`
` A A
`18
`
` Q Q And you reviewed some of the patents
`
` Q Q
`19 and documents that had been shown to you during
`20 that deposition; is that right?
`21 MS. LEBEIS: Objection to the extent
`22 it mischaracterizes the prior testimony.
`
`Page 19
`
`Page 21
`
`1
`
` Q Q Okay.
`
` Q Q
`2
`
` A A Ones referred to in my report, I
`
` A A
`3 think.
`4
`
` Q Q Doctor, you understand that there are
`
` Q Q
`5 other witnesses that have been deposed in this IPR
`6 proceeding?
`7
`
` A A I believe so.
`
` A A
`8
`
` Q Q Okay. Have you reviewed some of the
`
` Q Q
`9 deposition testimony of those other witnesses?
`10
`
` A A I've read an extract from Dr. Laskar.
`
` A A
`11
`
` Q Q Any others?
`
` Q Q
`12
`
` A A And Jane -- I'm sorry, her name has
`
` A A
`13 gone straight out of my head.
`14
`
` Q Q Dr. Lawrence?
`
` Q Q
`15
`
` A A Dr. Lawrence, yes.
`
` A A
`16
`
` Q Q And just to be clear, I think you are
`
` Q Q
`17 referring to her --
`18
`
` A A Her -- just her reports, I have seen
`
` A A
`19 that.
`20
`
` Q Q From the District Court proceeding; is
`
` Q Q
`21 that right?
`22
`
` A A I believe so, yes.
`
` A A
`
`1
`
` A A I reviewed the ones that are in, as I
`
` A A
`2 recall I reviewed the ones that are in my reports,
`3 that are referred to in my reports.
`4
`
` Q Q Okay.
`
` Q Q
`5
`
` A A I didn't have a copy of what was
`
` A A
`6 presented to me that I hadn't seen before.
`7
`
` Q Q Well, let's see if we can go through
`
` Q Q
`8 some of these. So you have a document in front of
`9 you, let's start with what is marked as
`10 Exhibit 1006.
`11 (Previously marked InnoPharma Exhibit
`12 No. 1006, first referral.)
`13 THE WITNESS: Okay. I have it.
`14 BY MR. ABE:
`15
`
` Q Q Yes.
`
` Q Q
`16 And this is U.S. Patent 5,558,876 to
`17 Desai. This is marked as InnoPharma Exhibit 1006
`18 in both IPR proceedings.
`19 Have you seen the '876 patent before,
`20 to Desai?
`21
`
` A A I have, yes.
`
` A A
`22
`
` Q Q And do you recall being asked
`
` Q Q
`
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`Page 6
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`

`
`Highly Confidential - Subject to The Protective Order
`Deposition of Stephen G. Davies - February 29, 2016
`
`Page 22
`
`1 questions about this Exhibit 1006 during your
`2 deposition from last week?
`3
`
` A A I believe I was asked questions, yes.
`
` A A
`4
`
` Q Q Okay.
`
` Q Q
`5 And if you could go to the next one,
`6 it is marked as InnoPharma Exhibit EX1005 and this
`7 is U.S. Patent 5,603,929 also to Desai.
`8 (Previously marked InnoPharma Exhibit
`9 No. 1005, first referral.)
`10 BY MR. ABE:
`11
`
` Q Q Do you see that?
`
` Q Q
`12
`
` A A I do, yes.
`
` A A
`13
`
` Q Q Okay.
`
` Q Q
`14 MR. ABE: And for the record, this is
`15 EX1005 in both IPR proceedings.
`16
`
` Q Q Have you seen the '929 patent to Desai
`
` Q Q
`17 before?
`18
`
` A A Yes.
`
` A A
`19
`
` Q Q And you recall being asked questions
`
` Q Q
`20 about that during your deposition on February
`21 22nd?
`22
`
` A A I believe so, yes.
`
` A A
`
`7 (Pages 22 to 25)
`
`Page 24
`
`1 copy is marked EX1062; is that right?
`2
`
` A A Yes.
`
` A A
`3
`
` Q Q Okay.
`
` Q Q
`4 Have you seen this -- have you seen
`5 this EP '984 patent before?
`6
`
` A A I have, yes.
`
` A A
`7
`
` Q Q And do you recall being asked
`
` Q Q
`8 questions about this during your deposition last
`9 week?
`10
`
` A A I do, yes.
`
` A A
`11
`
` Q Q Okay.
`
` Q Q
`12 (Previously marked InnoPharma Exhibit
`13 No. 1035, first referral.)
`14 BY MR. ABE:
`15
`
` Q Q If you go to the next document it is
`
` Q Q
`16 International Patent Application Publication with
`17 the number WO94/15597. The inventor is Michelle
`18 Wong. Do you see that?
`19
`
` A A I do, yes.
`
` A A
`20
`
` Q Q Okay.
`
` Q Q
`21 MR. ABE: And this one is marked
`22 EX1035 with respect to the 902 IPR and the 903 IPR
`
`Page 23
`
`Page 25
`
`1
`
` Q Q Okay.
`
` Q Q
`2 Now, if you turn to the next one, it
`3 is marked as InnoPharma Exhibit 1062.
`4 MR. ABE: Counsel, the sticker is on
`5 the, is --
`6 MS. LEBEIS: I don't see it marked
`7 as --
`8 MR. ABE: On your copy it isn't, but I
`9 apologize, it is on the witness' copy.
`10 MS. LEBEIS: Okay.
`11 MR. ABE: So I will go again.
`12 (Previously marked InnoPharma Exhibit
`13 No. 1062, first referral.)
`14 BY MR. ABE:
`15
`
` Q Q The next document you have is European
`
` Q Q
`16 patent application with the number 0306984; is
`17 that right?
`18
`
` A A Yes.
`
` A A
`19
`
` Q Q And the inventor is Roger Fu, do you
`
` Q Q
`20 see that?
`21
`
` A A Yes. He is one of the inventors, yes.
`
` A A
`22
`
` Q Q And this one at the bottom of your
`
` Q Q
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
`this is marked as EX1020.
`
` Q Q Have you seen the '597 application
`
` Q Q
`before?
`
` A A I have, yes.
`
` A A
`
` Q Q Okay.
`
` Q Q
` Do you recall being asked questions
`about this document during your deposition last
`week?
`
` A A Yes.
`
` A A
` (Previously marked InnoPharma Exhibit
`No. 1063, first referral.)
`BY MR. ABE:
`
` Q Q The next document is U.S. Patent
`
` Q Q
`5,110,493, and the inventor is Roger F.
`Cherng-Chyi. I might not be pronouncing that
`correctly but it is Roger F. Do you see that?
`
` A A I can see that, yes.
`
` A A
`
` Q Q And for the record, the witness' copy
`
` Q Q
`of the '493 patent is marked EX1063. Do you see
`that?
`
` A A I have that, yes.
`
` A A
` MS. LEBEIS: Counsel, will you
`
`GregoryEdwards, LLC | Worldwide Court Reporting
`GregoryEdwards.com | 866-4Team GE
`
`Page 7
`
`

`
`Highly Confidential - Subject to The Protective Order
`Deposition of Stephen G. Davies - February 29, 2016
`
`Page 26
`
`1 represent that this is the same version of this
`2 document that was filed and served as Exhibit 1063
`3 in IPRs 2015-903 and 902?
`4 MR. ABE: 903 and 902, yes, that's
`5 right.
`6 MS. LEBEIS: Okay, thanks.
`7
`
` Q Q And you have seen the '493 patent
`
` Q Q
`8 before?
`9
`
` A A The '493, yes, I have, yes.
`
` A A
`10
`
` Q Q And do you recall being asked
`
` Q Q
`11 questions about the '493 patent on February 22nd?
`12
`
` A A Yes.
`
` A A
`13
`
` Q Q Okay.
`
` Q Q
`14 (Previously marked InnoPharma Exhibit
`15 No. 1064, first referral.)
`16 BY MR. ABE:
`17
`
` Q Q And if you go to the next document it
`
` Q Q
`18 is U.S. Patent Number 5,504,113. The inventor is
`19 Jasmin Lucero. Do you see that?
`20
`
` A A Yes.
`
` A A
`21
`
` Q Q Okay. And the '113 patent is marked
`
` Q Q
`22 as EX1064. Do you see that?
`
`8 (Pages 26 to 29)
`
`Page 28
`
`1 BY MR. ABE:
`2
`
` Q Q Do you recall seeing the '113 patent?
`
` Q Q
`3
`
` A A Yes, I do.
`
` A A
`4
`
` Q Q And you recall being asked questions
`
` Q Q
`5 about it on February 22nd in connection with your
`6 District Court deposition?
`7
`
` A A I believe so, yes.
`
` A A
`8
`
` Q Q Okay.
`
` Q Q
`9 (Previously marked InnoPharma Exhibit
`10 No. 1065, first referral.)
`11 BY MR. ABE:
`12
`
` Q Q You can turn to the next one, which is
`
` Q Q
`13 U.S. Patent Number 6,265,444. The inventor, the
`14 first named inventor is Lyle Bowman.
`15
`
` A A Yes.
`
` A A
`16
`
` Q Q And this has been marked as
`
` Q Q
`17 Exhibit 1065 at the bottom. Do you see that?
`18
`
` A A I see that.
`
` A A
`19
`
` Q Q Okay.
`
` Q Q
`20 MR. ABE: And for counsel it will be
`21 EX1065 for both IPR proceedings.
`22
`
` Q Q Have you seen the '444 patent before?
`
` Q Q
`
`Page 27
`
`Page 29
`
`1
`
` A A I do, yes.
`
` A A
`2 MR. ABE: And that applies for the 902
`3 IPR and the 903 IPR?
`4 MS. LEBEIS: And counsel, you will
`5 represent this is the same version of this
`6 document that was filed and served as 1064 in
`7 those IPRs.
`8 MR. ABE: Well, they are being served
`9 right now during the deposition.
`10 MS. LEBEIS: So the copy that we have,
`11 that I have been given, is not stamped and marked
`12 as Exhibit 1064.
`13 MR. ABE: We are happy to mark it
`14 right now if you'd like. Do you want to go off
`15 the record and mark it?
`16 MS. LEBEIS: Yes, let's go off the
`17 record for a second.
`18 THE VIDEO OPERATOR: The time is
`19 9:19:11 a.m. Off the record.
`20 (Discussion off the record.)
`21 THE VIDEO OPERATOR: Stand by.
`22 On the record, the time is 9:20:18.
`
`1
`
` A A I have, yes.
`
` A A
`2
`
` Q Q And you recall being asked questions
`
` Q Q
`3 about the '444 patent in connection with your
`4 District Court deposition?
`5
`
` A A I do, yes.
`
` A A
`6
`
` Q Q Okay.
`
` Q Q
`7 (Previously marked InnoPharma Exhibit
`8 No. 1022, first referral.)
`9 BY MR. ABE:
`10
`
` Q Q Now, the next document you have before
`
` Q Q
`11 you is U.S. Patent Number 5,597,560 to Bergamini.
`12 Do you see that?
`13
`
` A A I see that.
`
` A A
`14 MR. ABE: And this is marked EX1022 in
`15 the 902 proceeding, but is marked as EX1019 in the
`16 903 proceeding.
`17
`
` Q Q Have you seen the '560 patent before?
`
` Q Q
`18
`
` A A I have, yes.
`
` A A
`19
`
` Q Q Do you recall being asked questions
`
` Q Q
`20 about this during your deposition last week?
`21
`
` A A I do, yes.
`
` A A
`22
`
`GregoryEdwards, LLC | Worldwide Court Reporting
`GregoryEdwards.com | 866-4Team GE
`
`Page 8
`
`

`
`Highly Confidential - Subject to The Protective Order
`Deposition of Stephen G. Davies - February 29, 2016
`
`Page 30
`
`1 (Previously marked InnoPharma Exhibit
`2 No. 1059, first referral.)
`3 BY MR. ABE:
`4
`
` Q Q The next document you have before you
`
` Q Q
`5 is the Remington 20th Edition. Do you see that?
`6 I should say the full name, Remington: The
`7 Science and Practice of Pharmacy, 20th Edition.
`8 Do you see that?
`9
`
` A A It's an extract from it, rather than
`
` A A
`10 the whole thing.
`11
`
` Q Q Right. The whole thing is a big book;
`
` Q Q
`12 is that right?
`13 MS. LEBEIS: Objection.
`14
`
` A A You have to speak up some.
`
` A A
`15
`
` Q Q Sorry. Let me change the question.
`
` Q Q
`16 And this is marked EX1059 for both
`17 proceedings. Do you see the mark EX1059?
`18
`
` A A I see that, yes.
`
` A A
`19
`
` Q Q Okay.
`
` Q Q
`20 Have you seen this excerpt of
`21 Remington before?
`22
`
` A A I believe so, yes.
`
` A A
`
`9 (Pages 30 to 33)
`
`Page 32
`
`1
`
` A A Yes.
`
` A A
`2
`
` Q Q And it is marked EX1019 at the bottom.
`
` Q Q
`3 Do you see that?
`4
`
` A A Yes.
`
` A A
`5 MR. ABE: For the record, this is
`6 EX1019 in the 902 proceeding but it is EX1024 in
`7 the 903 proceedings.
`8
`
` Q Q Now, the article is titled Comparing
`
` Q Q
`9 the Surface Chemical Properties and the Effect of
`10 Salts on the Cloud Point of a Conventional
`11 Nonionic Surfactant, Octoxynol 9 (Triton X-100)
`12 and of Its Oligomer, Tyloxapol (Triton WR-1339).
`13 Do you see that?
`14
`
` A A I see that, yes.
`
` A A
`15
`
` Q Q Have you seen this article before?
`
` Q Q
`16
`
` A A Yes.
`
` A A
`17
`
` Q Q And you recall being asked about this
`
` Q Q
`18 during your deposition last week?
`19
`
` A A I believe so.
`
` A A
`20
`
` Q Q Okay. Go to the next document.
`
` Q Q
`21 (Previously marked Senju Exhibit
`22 No. 2070, first referral.)
`
`Page 31
`
`Page 33
`
`1
`
` Q Q And you recall being asked about this
`
` Q Q
`2 during your deposition last week?
`3
`
` A A I do, yes.
`
` A A
`4 (Previously marked InnoPharma Exhibit
`5 No. 1004, first referral.)
`6 BY MR. ABE:
`7
`
` Q Q The next document you have is U.S.
`
` Q Q
`8 Patent 4,910,225 to Ogawa. Do you see that?
`9
`
` A A I do, yes.
`
` A A
`10
`
` Q Q Have you seen the Ogawa patent before?
`
` Q Q
`11
`
` A A I have, yes.
`
` A A
`12
`
` Q Q And you recall being asked about this
`
` Q Q
`13 during your deposition last week, right?
`14
`
` A A I do, yes.
`
` A A
`15 MR. ABE: And for the record, Ogawa is
`16 marked EX1004 in both proceedings.
`17 (Previously marked InnoPharma Exhibit
`18 No. 1019, first referral.)
`19 BY MR. ABE:
`20
`
` Q Q And the next document you have before
`
` Q Q
`21 you is an article by Hans Schott. Do you see
`22 that?
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
`BY MR. ABE:
`
` Q Q The next document is -- the first
`
` Q Q
`named author is C. Janet Giffney, and the article
`is entitled Acid Catalyzed Hydrolysis of
`Substituted Acetanilides Part II.
` Do you see that?
`
` A A I see that, yes.
`
` A A
`
` Q Q Have you seen this -- sorry.
`
` Q Q
` MR. ABE: I state for the record this
`is Senju Exhibit 2070 in the 902 IPR, but it is
`also EX2070 in the 903 IPR.
` THE REPORTER: I'm sorry it's also
`EX --
` MR. ABE: 2070.
`
` Q Q Have you seen this document before?
`
` Q Q
`
` A A I have, yes.
`
` A A
`
` Q Q Okay, the same question. Do you
`
` Q Q
`recall being asked about this last week in your
`deposition?
`
` A A I do, yes.
`
` A A
`
` Q Q Okay.
`
` Q Q
`
`GregoryEdwards, LLC | Worldwide Court Reporting
`GregoryEdwards.com | 866-4Team GE
`
`Page 9
`
`

`
`Highly Confidential - Subject to The Protective Order
`Deposition of Stephen G. Davies - February 29, 2016
`
`Page 34
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
` (Previously marked Senju Exhibit
`No. 2071, first referral.)
`BY MR. ABE:
`
` Q Q The next document is an article by
`
` Q Q
`D. D. Karve. It is entitled Kinetics of the
`Hydrolysis of Anilides. Do you see that?
`
` A A I do, yes.
`
` A A
` MR. ABE: And this exhibit is marked
`Senju Exhibit 2071 in both proceedings for the
`record.
`
` Q Q Have you seen this article before?
`
` Q Q
`
` A A I have, yes.
`
` A A
`
` Q Q Okay. And you recall being asked
`
` Q Q
`about this during your deposition last week?
`
` A A I do, yes.
`
` A A
` (Previously m