64
`
`recross
`Wattanasin
`Yes .
`A.
`Q.
`And your expectations weren't
`Your expectations were
`disappointed, were they?
`right on the money, weren't they, doctor?
`I don't say it's right on the money but
`A.
`it's comparable, yes.
`.Q.
`Is there a general formula or thought
`process that you go through when determining when
`I understand that
`to submit a patent disclosure?
`you submitted this patent disclosure in question.
`299/84, because at that point in time, you felt you
`could complete the rest of the compounds with some
`expectation of activity.
`That's right.
`A.
`I have nothing further.
`MR. KELBER:
`
`REDIRECT EXAMINATION BY MR. VILA:
`Q.
`Dr. Wattanasin, there seems to be a
`little uncertainty in your mind with regard to the
`submission of a publication clearance on the
`subject matter that became the subject of the
`patent application that was filed and I believe you
`testified you are not sure whether you may have
`submitted a request for publication prior to or
`
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`Page 1444 of 4322
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`
`recross
`Wattanasin
`Yes .
`A.
`Q.
`And your expectations weren't
`Your expectations were
`disappointed, were they?
`right on the money, weren't they, doctor?
`I don't say it's right on the money but
`A.
`it's comparable, yes.
`.Q.
`Is there a general formula or thought
`process that you go through when determining when
`I understand that
`to submit a patent disclosure?
`you submitted this patent disclosure in question.
`299/84, because at that point in time, you felt you
`could complete the rest of the compounds with some
`expectation of activity.
`That's right.
`A.
`I have nothing further.
`MR. KELBER:
`
`REDIRECT EXAMINATION BY MR. VILA:
`Q.
`Dr. Wattanasin, there seems to be a
`little uncertainty in your mind with regard to the
`submission of a publication clearance on the
`subject matter that became the subject of the
`patent application that was filed and I believe you
`testified you are not sure whether you may have
`submitted a request for publication prior to or
`
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`
`65
`
`Wattanasin
`redirect
`after the filing of the patent application. Is
`that correct?
`Yes .
`A.
`Q.
`Would you be still uncertain whether
`that request was submitted before or after the "A"
`rating of the disclosure which took place in
`January 1988, would you have
`I would say definitely after, yes.
`A.
`Q.
`After the "A" rating?
`After, yes.
`A .
`I have no further questions.
`MR. VILA:
`I would just like to ask
`MS. FURMAN:
`the general question whether at any time between
`the synthesis of 63548 and 63549
`64548 and 64549.
`THE WITNESS:
`MS. FURMAN: Correct, whether between
`that synthesis and the synthesis of 64933 and later
`compounds, whether in that period, you ever had the
`intention to abandon your invention?
`No, as I said before,
`THE WITNESS:
`definitely not.
`MR. KELBER: Thanks again, doctor. We
`appreciate it.
`THE WITNESS: Thank you.
`
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`
`66
`
`Wattanas in
`
`redirect
`
`Before we go off the
`M R . K E L B E R :
`record, different people have different styles. We
`have been operating under the situation where you
`Just in
`identify an exhibit, you object to it.
`case you operate under a different fashion, we have
`exhibits F-l through F-8 and W-l through 3. W e
`Do you have any objections
`have objected to W-2.
`to any of F-l through 8?
`MS. FURMAN: No.
`(Time noted is 2:30 p.m.)
`
`CAO«=~^-
`SOMPONG WATTANASIN
`
`Subscribed and Sworn to before me
`This ^/T^dav of QL^LAA^ J
`, 1993
`
`t
`
`42
`IZ
`A'TT'Otary Public
`
`&
`
`ANTOINETTE LOMBARD!
`!
`Notary Public of New Jersey
`My Commission Expires April 3,1994
`
`i
`
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`Sawai Ex 1005
`Page 1446 of 4322
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`,* ' Pi
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`• ' M
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`>. •
`
`67
`
`C E R T I F I C A T E
`
`I, GARY M. TALPIWS, a Notary Public and
`Certified Shorthand Reporter of the State of New
`Jersey, do hereby certify that prior to the
`commencement of the examination, SOMPONG WATTANASIN
`was duly sworn by me to testify the truth, the
`whole truth and nothing but the truth.
`I DO FURTHER CERTIFY that the foregoing is a
`true and accurate transcript of the testimony as
`taken stenographically by and before me at the
`time, place and on the date hereinbefore set forth.
`to the best of my ability.
`I DO FURTHER CERTIFY that I am neither a
`relative nor employee nor attorney nor agent of any
`of the parties to this action, and that I am
`neither a relative nor employee of such attorney or
`counsel, and that I am not interested directly or
`indirectly in the interference either as counsel.
`attorney, agent or otherwise.
`
`Gary /w.
`Licewse
`
`Talpins, C.S.R.
`No. XI0 0 5 61
`
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`Sawai Ex 1005
`Page 1447 of 4322
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`
`
`ORIGINAL
`IN THE UNITED STATES PATENT AND TRADEMARK OE®9cE
`INTERFERENCE NOS. 102,648
`102,975
`
`mem-
`^ o^n'o- ^30,
`
`APR 22198%
`RECRVED IN
`BOX INTERFERENCE
`DEPOSITION OF:
`MELVYN M. KASSENOFF
`
`Monday, March 22, 1993
`Florham Park, New Jersey
`
`A P
`
`P E A R A N C E S :
`RICHARD E. VILA, ESQ.,
`-and-
`DIANE E. FURMAN, ESQ.,
`Sandoz Corporation
`59 Route 10
`East Hanover, New Jersey 07936
`(201) 503-7332
`Attorneys for Wattanasin.
`MESSRS. OBLON, SPIVAK, MC CLELLAND,
`MAIER & NEUSTADT
`Fourth Floor
`1755 Jefferson Davis Highway
`Arlington, Virginia 22202 ,
`(703) 413-3000
`BY: STEVEN B. KELBER, ESQ.,
`Attorneys for Fujikawa.
`
`1
`2
`3
`4 WATTANASIN #
`5
`vs .
`6
`FUJIKAWA, et al.
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`UJ
`X
`I-
`
`Reporting Services Arranged Through
`ROBERTS, WALSH & COMPANY
`425 Eagle Rock Avenue
`Roseland, New Jersey 07068
`(201) 228-9280
`
`FOR
`
`KS
`
`Sawai Ex 1005
`Page 1448 of 4322
`
`
`
`•; :
`
`WITNESS
`MELVYN M. KASSENOFF
`By Mr. Kelber
`By Ms. Furman
`
`I N D E X
`
`DIRECT CROSS REDIR RECR
`
`3
`
`63
`
`51
`
`E X H I B I T S
`
`7 - 2
`
`DESCRIPTION
`FOR IDENT.
`Declaration of Mr. Kassenoff
`F-l
`Handwritten document entitled
`Exhibit N
`Handwritten document entitled
`Exhibit 0
`Patent Committee meeting minutes
`
`F - 3
`
`W-l
`
`PAGE
`3
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`27
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`29
`51
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`3
`
`(Before Gary M. Talpins, a Certified
`Shorthand Reporter and Notary Public of the State
`of New Jersey, held at the offices of Sandoz
`Corporation, Patent and' Trademark Affairs
`Department, 25 Hanover Road, Florham Park, New
`Jersey, on Monday, March 22, 1993, commencing at
`10:00 a.m.)
`
`3 Shelley
`K A S S E N O F F ,
`M.
`M E L V Y N
`Terrace, West Orange, New Jersey 07052, Sworn.
`
`MR. KELBER: Good morning.- This is the
`cross examination of the Sandoz declaration
`The first witness, we have today is Mr.
`witnesses.
`Kassenoff.
`
`CROSS EXAMINATION BY MR. KELBER:
`Q.
`I'm going to hand you or
`Mr. Kassenoff,
`hand the reporter a document that I would like
`labeled as F-l and ask you to take a minute and
`take a look at that..
`(Whereupon the document was received
`and marked F-l for identification.)
`
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`Page 1450 of 4322
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`cross
`Do you recognize that document, Mr.
`
`Kassenoff
`Q.
`Kassenoff?
`A .
`Yes .
`Q.
`And is that your signature at the end
`of the document on page six?
`A.
`Yes .
`Q.
`Let me turn your attention first to the
`very bottom of page one. You see the sentence
`starting "this project resulted in numerous patent
`disclosures." Do you have any feel in general
`numbers for how many disclosures of the type of
`compounds referred to as having utility as HMG-CoA
`reductase inhibitors?
`A.
`No, I don't.
`Q.
`You used the word "numerous" in your
`declaration.
`A .
`Certainly over 10, possibly 20.
`It
`wouldn't surprise me; possibly even more than that.
`Q.
`Turning to the top of page two of the
`declaration that is Exhibit F-l, there is a
`reference to a Mr. Fred Weinfeldt, who apparently
`shared the responsibility in that particular
`technology area. With whom did he share it, sir?
`A.
`With me. In other words, initially he
`
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`cross
`Kassenoff
`was doing the work on it and then obviously, there
`were too many disclosures so I took over some of
`them and then eventually, I had primary
`responsibility.
`Q.
`By primary responsibility, what would
`primary responsibility entail?
`Just probably did more of them than
`A.
`anybody else at a particular time.
`Q.
`If there was somebody else doing an
`application in that field at that particular time,
`let's pin it down. in the 1987-'88 framework, would
`you have responsibility for monitoring that other
`person?
`Informally but not formally. In other
`A.
`words, I was not reviewing it but if somebody had a
`question on it, they would obviously come in to me.
`Q.
`Are you familiar with the rating system
`that was used by the Sandoz Patent
`A.
`More or less.
`Q •
`I know you know the answers to most of
`the questions I'm going to ask you but let me
`finish them for the reporter. I'm pretty clear
`when I finished the question.
`Are you familiar with the rating system
`
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`Kassenoff - cross
`that was used by the Sandoz Patent Committee during
`19 8 7 through '88?
`Right.
`A.
`Q •
`And by "right," you mean
`Yes .
`A.
`Q.
`What did it mean if a disclosure
`received a "B" rating?
`"B" I think is three months, it would
`A .
`come up again in three months.
`Q.
`What criteria would be brought to bear
`to determine what rating a disclosure would get?
`Probably ongoing work, it means it
`A .
`More detailed than that,
`wasn't ripe for filing.
`I'm not sure.
`It wasn't ripe for filing but
`Q •
`It may have been ongoing work, for
`A.
`example.
`
`Would there be any other reasons that a
`Q -
`disclosure would receive a "B" rating?
`Sometimes it was the people there
`A.
`didn't feel qualified but usually that would be
`we would put it off a month if there was nobody
`there who felt comfortable in making a decision but
`usually, a "B" rating means it's ongoing work.
`
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`cross
`Kassenoff
`that's the principal reason.
`Q •
`It's ongoing work.
`In other words, a
`disclosure would not be rated for more immediate
`action if the work was ongoing?
`Well, unless, of course, you had
`A.
`something that was so hot that you had to file on
`it immediately.
`Q.
`What would
`In other words, there are flexible
`A.
`It's not an absolute.
`standards involved.
`Q •
`By assigning a "B" rating to a
`disclosure
`That means that the thing is of
`A.
`interest but it's not ready for filing yet because
`of, for example, ongoing work.
`Q.
`Are there any other reasons for
`assigning it a "B" rating other than ongoing work?
`I don't recall offhand. I'm not sure.
`A.
`There could be.
`Q.
`You are currently Director of Patent
`and Trademark Affairs for Sandoz. Is that correct?
`That's correct.
`A.
`Q.
`Is there a Sandoz Patent Committee
`today?
`
`ID
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`cross
`A.
`Yes .
`Q.
`Does it use the same rating system?
`Yes, it does.
`A.
`Q.
`As Director of Patent and Trademark
`Affairs, I would imagine one of your
`responsibilities
`Yes, I do attend the meetings and have
`A.
`attended on a regular basis for the last year.
`Q.
`In your experience, have disclosures
`been rated "BM for any other reason than ongoing
`work ?
`I don't recall of any right now.
`A.
`Q.
`You have been with Sandoz since 1972.
`Is that correct?
`A.
`That's correct.
`Q •
`Let's try and narrow it down. How
`about in the HMG-CoA reductase inhibitor field, do
`you recall during your tenure at Sandoz any other
`disclosure besides the one of interest, 299/84, in
`that field ever having been rated as "B"?
`I don't recall.
`Frankly, I didn't
`A.
`attend the meetings on a regular basis. In fact.
`probably until the beginning of last year, over the
`previous 20 years, I probably attended the meeting
`
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`Kassenoff
`cross
`maybe twice and obviously, we have not had any
`ratings in that field, at least I don't think we
`have in the last year or so.
`Q •
`If you didn't attend a meeting and a
`disclosure was rated "B", would you be informed of
`that fact?
`A.
`Yes .
`The minutes are published*
`Q.
`Have you reviewed the minutes of the
`Patent Committee
`A.
`I look at the minutes. I have got to
`see if anything is in my area, which I have to file
`on.
`
`Q.
`In the period January 1, 1987, to
`December 31, 1988, did you see any other
`application
`A.
`Q.
`Kassenoff.
`
`I would not recall.
`Please let me finish the question, Mr.
`
`Do you recall seeing the disclosure
`299/84 rated as "B" at any time?
`I'm sure I saw it.
`A.
`Q.
`But you don't recall seeing it now?
`No .
`A.
`Q.
`Are you sure that you might have seen
`
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`10
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`cross
`Kasseno f f
`any other disclosure in your field rated "B"?
`I'm sure I would have seen it there but
`A.
`I certainly wouldn't remember it
`on the other hand.
`because I would have no reason for remembering it
`because it didn't require any action.
`Q.
`It didn't require any action. It
`didn't require any action on your part?
`On my part.
`A.
`Q.
`During the period 1987 through 1988,
`are you aware did Sandoz employ patent attorneys
`not employed by Sandoz Corporation directly as
`full-time employees for the preparation of patent
`applications?
`Are you talking about outside?
`A.
`Q.
`Outside counsel.
`Not to write patent applications except
`A.
`possibly once in awhile, we may have an oddball
`Obviously, I wouldn't know about it. In
`case .
`other words, in the pharmaceutical area, I can tell
`you the answer is no except maybe possibly if there
`were a very complex interference or something like
`that but not for normal, we do not hire outside
`counsel for normal work.
`Q.
`By normal, you would include drafting
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`cross
`Kassenoff
`applications?
`Prosecution and application writing.
`A.
`Q.
`Even if there is a crunch in the staff
`at Sandoz and it is not immediately up to it?
`the only
`No, we don't do that unless
`A.
`exception being, for example, two years ago, we
`it was not in the pharmaceutical area but we
`had
`had a possible
`sale where we had to rush something.
`a filing on something which we were about to sell.
`we didn't have the problem but abroad.
`In the U.S.,
`filing if we didn't get it on
`we would have had a
`filing immediately.
`Q.
`And in that instance, you sent it to
`outside counsel?
`Yes .
`This was not a pharmaceutical
`A.
`case because then you wouldn't have that kind of a
`problem.
`Q.
`Is there a formal policy that you are
`aware of that would distinguish between
`pharmaceutical cases and
`There is no formal policy.
`A.
`Q.
`How did you find out about the "A"
`rating that's referred to in paragraph four of the
`document that's
`
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`cross
`Kassenoff
`The minutes are distributed anywhere
`A.
`from a few days to a week or two after the meeting.
`Q.
`Are the minutes distributed to
`everybody in the department?
`Everybody in the department receives
`A.
`the minutes.
`Q.
`I'm going to ask you to let me
`Again,
`I know you are ahead of me on
`finish my sentence.
`this but you have got to give me a chance to catch
`up.
`
`How was it determined who was
`responsible for a particular application that gets
`an "A" rating?
`Usually one of the supervisors will
`A.
`decide and it usually will be decided before the
`meeting and usually it will be people have defined
`areas, although sometimes, as you can see here.
`Obviously, if it's
`people may share the same area.
`it will go to that person. If
`in somebody's area,
`it's in an area that's shared, usually the
`But things
`supervisor will decide who will get it.
`are not done on a formal basis and sometimes things
`are transferred afterwards.
`Q.
`Was such a decision as to who would be
`
`a
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`cross
`Kassenoff
`responsible for the disclosure that received an "A"
`rating referred to in paragraph four made?
`Jody Giesser's initials were on the
`A.
`agenda as well as the minutes for that disclosure.
`Q •
`Does that mean she had responsibility
`for the preparation of it?
`That would mean generally she would
`A.
`have responsibility unless, of course, she
`transferred it to somebody else but at least
`initially, it was in her bailiwick.
`Q •
`Let me direct you to the last sentence
`or actually the last phrase in paragraph four.
`where it indicates a backlog in unfiled HMG-CoA
`Do you
`reductase disclosures have been developing.
`have any idea of how large that backlog was?
`I have no idea.
`No, I can't
`A.
`Q.
`How do you know there was a backlog?
`Because I can recall that there was
`A.
`some pressure involved in the area and that there
`were a number of disclosures that were floating
`around but I•do not recall the number.
`Q.
`Aren't there a number of disclosures
`floating around, weren't there a number of
`disclosures floating around throughout the 1981
`
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`cross
`Kassenoff
`through 1990 time period in that field?
`At least through the beginning of that
`A.
`time period, probably not at the end of it.
`Q.
`Let me
`Probably not at the end of it.
`direct your attention to paragraph five. Do you
`see the listing of cases that appears in that
`paragraph?
`Correct.
`A.
`Q.
`Many of those applications have a
`Is that correct?
`filing date of 1988 through 1990.
`A number of them, correct.
`A.
`Q.
`Isn't that
`In fact, more than half.
`correct?
`Right, but most of those, if you
`A.
`are CIP's or continuations and the like and
`notice,
`would not be the result of new disclosures.
`Q.
`Let's talk about that. The CIP
`application would not be the result of a new
`disclosure?
`That's correct.
`A.
`Q.
`How would a CIP application come to be
`docketed for filing?
`It's not docketed, it's up to the
`A.
`attorney involved simply to file it without it
`
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`Kassenoff
`cross
`being docketed and usually the need for it will
`become apparent from discussions between the
`attorney involved and the inventor and/or others in
`Research and similarly, divisionals would simply
`come about, those would be decided on by the Patent
`Committee at the time an issue fee was paid for the
`earlier case in the series.
`Q.
`Would you help me out. Could you take
`a look at the list of applications or list of
`cases, I'm sorry, that are recited there and tell
`me how many would have come from new disclosures.
`If it does not have any letter or
`A .
`anything else after the number, that would be a new
`disclosure.
`Q.
`there are?
`Starting from which one?
`A.
`Q •
`All of the ones in this five, how many
`came from new disclosures?
`6951, 7013, 7015, 7022, 7025, 7028,
`A.
`7035, 7041, 7050, 7064, 7087, 7101, 7104. There is
`also I see here 6955 but where is the original on
`that?
`There are a number of cases here that
`probably should be down there for completion but
`
`Could you identify how many of those
`
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`cross
`Kassenoff
`For example, the 6955, what is down
`are not here.
`here is obviously a later application in the
`series.
`Q.
`I'm sorry, 6 9 5 5?
`55 .
`A.
`Q.
`Could you direct me to
`March 10th of '88. And there are also
`A.
`a number of other applications in the .series which
`I can see are not down here.
`Q •
`The ones that are down here, you
`identified 13 that resulted from new disclosures.
`Is that correct?
`Correct. You counted them.
`A.
`Q.
`I'm asking you to
`That was my count but
`confirm that for me.
`That seems right.
`A .
`Q.
`Of those 13 cases, do you have any feel
`for how many were part of the backlog that is
`referred to in paragraph four?
`It was probably 7064 because I wrote
`A.
`that one, 7087, 7101, 7104 and of course, some of
`the CIP's involved, as well, although those weren't
`new disclosures but that's part of the backlog of
`work in this project.
`
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`Kas s eno ff
`cross
`Q.
`You indicated after you said 7064 that
`that would have been part of the backlog because
`you wrote it.
`That's why I'm familiar with it.
`A.
`Q.
`But you had shared responsibility for
`that field even before Mr. Weinfeldt's departure.
`Is that correct?
`That's correct.
`A.
`other cases in the series.
`Q.
`Do you know for a fact that 7064 was
`part of the backlog?
`Just from the time frame, I do.
`A.
`Q.
`That application was filed January 27,
`1988. Is that correct?
`That's what it says here.
`A.
`Q.
`But is it correct? You wrote it. Do
`you know?
`I don't remember when I filed it. I
`A.
`have to assume that this is correct.
`Q.
`Did you review any documents during the
`preparation and signing of this declaration?
`Did I?
`A.
`Q.
`Yes.
`No.
`A.
`
`I relied on my memory.
`
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`cross
`Kassenoff
`Q.
`You don't have a memory of the
`statement that appears here now?
`Not particularly, not in particular.
`A.
`
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`Did you have a memory at the time you
`
`Q.
`signed it?
`It was to the best of my
`No.
`A.
`recollection, it was correct.
`Q.
`And what is that recollection based on.
`
`sir?
`
`What I remember.
`But you don't have a memory of doing
`
`A.
`Q.
`it, do you?
`I have a memory of writing that
`A.
`application and I know it was in that time frame
`but to say that it was definitely January 27th of
`But that seems right.
`'88, I don't know.
`Q.
`Do you know as a matter of personal
`knowledge that 7064 was part of the backlog
`referred to in paragraph four?
`Yes .
`A.
`Q.
`7064 appears to have been filed
`sometime about January of 1988, according to your
`recollection.
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`No, I do not.
`Would it have begun prior to April
`
`cross
`Kassenoff
`That's correct.
`A .
`Q.
`Do you have any idea when you began
`preparation of the application at maturity of that
`filing?
`A.
`Q.
`1987?
`A.
`without
`Probably not but I really
`going into the file and looking at whatever notes I
`have, I can't answer that.
`Q.
`Probably not. Do you have any feel for
`why you said probably not?
`A .
`Because the time period would have been
`eight or nine months and I would not have been
`working on an application that long.
`Q •
`That would be a longer time period than
`usual for you?
`A.
`For me, yes.
`Q.
`Let's look at 7087. Was that part of
`the backlog referred to?
`A.
`Yes, it was.
`Q.
`Did you work on that case?
`A .
`Yes, I did.
`Q.
`Do you know how long it had been
`
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`cross
`Kassenof f
`pending before you took over the preparation of
`that case?
`No, I do not.
`A.
`Q.
`You referred to a backlog in paragraph
`four and the backlog refers to unfiled disclosures
`Is that correct?
`had been accumulating.
`That's correct.
`A.
`Q.
`Were these disclosures that had been
`rated "A" for filing by the Patent Committee?
`Yes, otherwise they wouldn't be part of
`A.
`the backlog.
`Q.
`Can you give me an idea of the time
`delay between the "A" rating received and the delay
`until action on the disclosure so rated, give me an
`idea of that time delay involved in the backlog
`referred to?
`I really cannot.
`A.
`Q.
`What do you mean by "backlog"?
`It means there were several disclosures
`A.
`which have been pending for more than a month or
`even probably more than two months.
`Q.
`So your recollection suggests that the
`backlog was at least two months?
`More than that, according to my
`A.
`
`03
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`cross
`Kassenoff
`recollection, but I can't be more specific than
`that.
`Q.
`I'm a little confused. Mr. Weinfeldt
`left in approximately April of 1987. Is that
`correct?
`That sounds right.
`A .
`Q.
`The backlog by January of 1988 had
`developed to as much as two months or more.
`Is
`that correct?
`It was more than that, probably.
`A.
`Q«
`Three months?
`I'm sure that there were cases that
`A.
`I'm willing to bet that there were cases
`in fact,
`that were outstanding for longer than that which
`had not been filed on.
`Q.
`You are willing to bet, is that bet
`based on your personal knowledge?
`It's based on my knowledge of how
`A.
`things operate and how things operated in that
`period as well as currently.
`Q.
`Do you have a specific recollection of
`a case or cases in that field, the reductase
`disclosures referred to, that had been pending for
`more than two months?
`
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`Kassenoff
`cross
`I am sure that 7064 was pending for
`A.
`more than two months because of the scope of the
`It was no way that that thing was
`application.
`filed within two months of its being rated "A";
`also 7087, which is another case that I wrote.
`there was no way that that was filed within two
`months.
`Q.
`We may be talking apples and oranges
`By backlog, I assume you refer to cases that
`here.
`Is that
`had not been picked up for action.
`correct?
`By backlog, I mean cases that had been
`A.
`rated "A" and had not been filed on as yet.
`Q.
`So if an attorney had a particularly
`difficult case, even though that was the only case
`the attorney was acting on, under this definition,
`Is that
`that would be part of the backlog.
`correct?
`That's correct.
`A.
`which I have used the term.
`Q.
`Were there any cases that had been
`rated "A" but had not received review or attention
`from an attorney for two months in that backlog?
`I can't answer that. I can't answer
`A .
`
`That is the sense in
`
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`23
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`Kassenoff
`cross
`Q.
`How about for cases assigned to you?
`Again, I have to assume from the way I
`A .
`"A" rating.
`operate that within a few weeks of the
`I would have contacted the inventor and had the
`inventor or inventors at least start to send me the
`I would
`material required for the application.
`have contacted Biology to get their input and
`possibly, if relevant. Process Development to get
`any new processes which I would need for the best
`mode requirement on it.
`Q.
`In fact, you contacted Dr. Wattanasin,
`is that the correct pronunciation?
`Correct.
`A.
`Q.
`You contacted Dr. Wattanasin as early
`as February 1988 regarding this disclosure. Is
`that correct?
`That's what the notes in the file show.
`A.
`Q •
`Is that customary for what is referred
`to as the backlog?
`That's not saying that in every
`Yes .
`A.
`
`I would do it within a couple of weeks but in case,
`that case, I did do it.
`Q •
`You identified earlier four cases that
`fell into that backlog, cases which had been
`
`1
`2
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`o
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`Is that correct?
`
`cross
`Kassenoff
`designated "A" but not yet filed.
`That's correct.
`A.
`Q.
`Do you recall, did you have personal
`responsibility for any other cases that might have
`been in that backlog?
`No, I did not have any personal
`A.
`responsibility for any other cases.
`Q •
`Besides
`In the new filings because filing new
`A.
`applications was only a very small part of my
`workload.
`Q •
`Besides Ms. Giesser, was there anybody
`else at Sandoz with responsibility for the
`preparation of new applications and filing in this
`field?
`In the HMG-CoA reductase application?
`A .
`Q.
`That's correct.
`Not to my recollection because I don't
`A.
`Diane picked it up but I think it was
`think
`after Jody had left.
`Q.
`So for the period 1987 through 1988,
`after Mr. Weinfeldt's departure
`As far as my recollection, as far as I
`A.
`recall, that's correct.
`
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`
`£
`
`Sawai Ex 1005
`Page 1471 of 4322
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`Kassenoff
`cross
`Q.
`Do you have any knowledge or
`understanding of how many backlogged cases, as the
`term is used here, that Ms. Giesser might have had
`in this field?
`No, I do not.
`A.
`Q.
`You indicated that you knew from your
`own personal work that an eight to nine month delay
`between the receipt of an "A" rating on a
`disclosure and the filing would have been
`Is that
`extraordinary, at least for yourself.
`correct ?
`I don't think that I have any
`Yes .
`A.
`cases that were pending that long.
`Q.
`Do you have any feeling for how quickly
`Miss Giesser would
`No, I do not.
`A.
`Q.
`But you worked with Miss Giesser in
`Isn't that correct?
`this particular case, 299/84.
`I did some of the spadework initially
`A.
`but that's as far as it goes.
`Q.
`Why did you do the initial spadework if
`you had your own backlog of cases, sir?
`Probably because I was ordering, it may
`A.
`have been that I was ordering things from Biology
`
`CO
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`a o u. *
`o o
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`h-
`CO
`QC
`LU
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`CO 5
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`6 s I
`a. 3
`O cc <3
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`IU
`I
`H
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`Sawai Ex 1005
`Page 1472 of 4322
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`Kassenoff - cross
`for two different cases, it may have been she was
`so backlogg
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