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`University, MS
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`May 4, 2016
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`Page 1
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` UNITED STATES PATENT AND TRADEMARK OFFICE
`
` ___________________
`
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
` ___________________
`
` COALITION FOR AFFORDABLE DRUGS X LLC,
` Petitioner,
` v.
`
` ANACOR PHARMACEUTICALS, INC.,
` Patent Owner.
`
` Case No. IPR2015-01776
`
` U.S. Patent No. 7,582,621
`
` Case No. IPR2015-01780
`
` U.S. Patent No. 7,767,657
`
` Case No. IPR2015-01785
`
` U.S. Patent No. 7,767,567
`
` VOLUME 1 OF 3
`
` DEPOSITION OF NARASIMHA MURTHY, Ph.D.
`
`Taken at the instance of the Patent Owner at The Inn
`
` at Ole Miss, 120 Alumni Drive, University,
`
`Mississippi, on Wednesday, May 4, 2016, beginning at
`
` 8:35 a.m.
`
` GINGER H. BROOKS, CCR #1165
`
` CRR, RPR, CCR, CLR, RSA
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`1-800-FOR-DEPO
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`www.aldersonreporting.com
`
`Alderson Court Reporting
`
`CFAD v. Anacor, IPR2015-01776 ANACOR EX. 2032 - 1/638
`
`
`
`Narasimha Murthy, Ph.D. (Vol. I)
`
`University, MS
`
`May 4, 2016
`
`Page 2
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` APPEARANCES:
`
` PETER A. GERGELY, ESQ.
`
` RYAN JAMES FLETCHER, PH.D, ESQ.
`
` KATHLEEN E. OTT, ESQ.
`
` Merchant & Gould
`
` 1801 California Street, Suite 3300
`
` Denver, Colorado 80202-2654
`
` pgergely@merchantgould.com
`
` rfletcher@merchantgould.com
`
` kott@merchantgould.com
`
` COUNSEL FOR PETITIONER
`
` ANDREA G. REISTER, ESQ.
`
` PAUL J. BERMAN, ESQ.
`
` ALEXANDER TRZECIAK, ESQ.
`
` Covington & Burling, LLP
`
` 850 Tenth Street, NW
`
` Washington, DC 20001-4956
`
` areister@cov.com
`
` pberman@cov.com
`
` atrzeciak@cov.com
`
` COUNSEL FOR PATENT OWNER
`
` VIDEOGRAPHER: Brent Shorter
`
`1-800-FOR-DEPO
`
`www.aldersonreporting.com
`
`Alderson Court Reporting
`
`CFAD v. Anacor, IPR2015-01776 ANACOR EX. 2032 - 2/638
`
`
`
`Narasimha Murthy, Ph.D. (Vol. I)
`
`University, MS
`
`May 4, 2016
`
`Page 3
`
` INDEX
`
` Certificate of Deponent ..................226
`
` Certificate of Court Reporter .............228
`
` EXHIBITS
`
` Exhibit 1008: Declaration - Patent .........20
` No. 7,582,621
` Exhibit 1011-1: Declaration, First .........39
` Petition, Patent No. 7,767,657
` Exhibit 1011-2: Declaration, Second ........47
` Petition, Patent No. 7,767,657
` Exhibit 1009: CV ...........................64
`
` Exhibit 1: Abstract ........................76
`
` Exhibit 2: 10/29/15 Press Release ..........77
`
` Exhibit 3: Article .........................82
`
` Exhibit 4: Book ............................88
`
` Exhibit 1003 (Previously Marked) ..........120
`
` Exhibit 1002: International ...............135
` Publication Number WO 9533754
` Exhibit 5: Structural Diagram .............191
`
` Exhibit 1025(Previously Marked) ...........157
`
` Exhibit 6: Structural Diagram .............192
`
` Exhibit 7: Structural Diagram .............192
`
` Exhibit 8: Structural Diagram .............193
`
` Exhibit 9: Structural Diagram .............194
`
` Exhibit 10: Structural Diagram ............194
`
` Exhibit 11: Structural Diagram ............195
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`Alderson Court Reporting
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`CFAD v. Anacor, IPR2015-01776 ANACOR EX. 2032 - 3/638
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`
`
`Narasimha Murthy, Ph.D. (Vol. I)
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`University, MS
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`May 4, 2016
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`Page 4
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` VIDEOGRAPHER: This is the Video
`
` Deposition of Dr. Narasimha Murthy taken in the
`
` matter of "Coalition for Affordable Drugs X LLC v.
`
` Anacor Pharmaceuticals, Inc." The date is May 4th,
`
` 2016. The time now is 8:35 a.m.
`
` Counsel may now introduce themselves for
`
` the record.
`
` MS. REISTER: Andrea Reister, Covington &
`
` Burling, on behalf of Anacor Pharmaceuticals.
`
` MR. BERMAN: Paul Berman, Covington &
`
` Burling, on behalf of Anacor Pharmaceuticals.
`
` MR. TRZECIAK: Alex Trzeciak, Covington &
`
` Burling, for Anacor Pharmaceuticals.
`
` MR. GERGELY: Peter Gergely, Merchant &
`
` Gould, P.C., on behalf of Petitioner.
`
` THE VIDEOGRAPHER: The Court Reporter may
`
` now swear in the witness.
`
` NARASIMHA MURTHY, Ph.D,
`
` having been first duly sworn, was examined and
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` testified as follows:
`
` MR. GERGELY: Just for the record, there's
`
` two other attorneys here, Ryan Fletcher and Kathy
`
` Ott, both with Merchant & Gould, P.C., on behalf of
`
` the Petitioner.
`
` EXAMINATION BY MS. REISTER:
`
`1-800-FOR-DEPO
`
`www.aldersonreporting.com
`
`Alderson Court Reporting
`
`CFAD v. Anacor, IPR2015-01776 ANACOR EX. 2032 - 4/638
`
`
`
`Narasimha Murthy, Ph.D. (Vol. I)
`
`University, MS
`
`May 4, 2016
`
`Page 5
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` Q. Good morning, Dr. Murthy.
`
` A. Good morning.
`
` Q. Is there any reason that you cannot
`
` testify truthfully today?
`
` A. No.
`
` Q. Are you ill?
`
` A. I'm not.
`
` Q. Excuse me?
`
` A. There's no reason.
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` Q. No reason.
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` And you're not on any medication or
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` anything like that?
`
` A. I'm not.
`
` Q. No? Okay.
`
` I want to establish a couple of ground
`
` rules.
`
` A. Okay.
`
` Q. This is a question and answer.
`
` A. Okay.
`
` Q. And I'm going to ask the questions and
`
` you're going to answer the questions. The counsel
`
` that are present here today may object to the
`
` questions, but you still have to answer the
`
` questions.
`
` If you need a break, let us know, and
`
`1-800-FOR-DEPO
`
`www.aldersonreporting.com
`
`Alderson Court Reporting
`
`CFAD v. Anacor, IPR2015-01776 ANACOR EX. 2032 - 5/638
`
`
`
`Narasimha Murthy, Ph.D. (Vol. I)
`
`University, MS
`
`May 4, 2016
`
`Page 6
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` we'll try to take one at the next available time.
`
` Do you understand the ground rules today?
`
` A. I do.
`
` Q. Now, Dr. Murthy, I see that you have a
`
` number of materials in front of you.
`
` And what I'm going to ask you to do is
`
` identify what each of them are, and then we are
`
` going to set them behind the court reporter and
`
` carry on with our deposition.
`
` So if you could start with the first
`
` notebook to my left and tell me what -- what that is
`
` and what is in it.
`
` A. Okay. The first one is the declaration of
`
` our '621 patent and all the exhibits. This is the
`
` '657 patent edition of the declaration and all the
`
` exhibits. There's a second edition on '657,
`
` declaration and all exhibits. And these are some
`
` exhibits that was printed off from the patent
`
` owner's primary response to the -- the decision --
`
` the declaration. So these three documents are the
`
` supplemental declaration documents that we
`
` supplemented recently.
`
` MS. REISTER: Okay. I'd like to -- just
`
` take a short break so that we could put those on the
`
` floor, and then at the appropriate time, we'll go
`
`1-800-FOR-DEPO
`
`www.aldersonreporting.com
`
`Alderson Court Reporting
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`CFAD v. Anacor, IPR2015-01776 ANACOR EX. 2032 - 6/638
`
`
`
`Narasimha Murthy, Ph.D. (Vol. I)
`
`University, MS
`
`May 4, 2016
`
`Page 7
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` through them one at a time.
`
` VIDEOGRAPHER: Off the record. It's 8:39.
`
` (Off the record.)
`
` VIDEOGRAPHER: Back on the record. It's
`
` 8:39.
`
` MR. GERGELY: So the witness has brought
`
` his copies of his declarations and work papers with
`
` him. If he needs to refer to those during the
`
` deposition to answer a question, he -- I think he's
`
` allowed to do that under the rules and the rules of
`
` evidence as well. So I would like to have him have
`
` access to it if he needs to answer a question.
`
` MS. REISTER: We'll set them over there,
`
` and we'll proceed, and we'll -- any exhibit that's
`
` introduced, we'll be able to use that in the
`
` deposition.
`
` So we'll just remove them from the table,
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` and we'll carry on with the deposition, please.
`
` MR. GERGELY: But, again, Dr. Murthy, I
`
` would advise you if you need to refer to your work
`
` papers to answer a question, please feel free to --
`
` to do so.
`
` MS. REISTER: And at the appropriate time,
`
` we'll enter them into evidence. We'll enter them as
`
` an exhibit.
`
`1-800-FOR-DEPO
`
`www.aldersonreporting.com
`
`Alderson Court Reporting
`
`CFAD v. Anacor, IPR2015-01776 ANACOR EX. 2032 - 7/638
`
`
`
`Narasimha Murthy, Ph.D. (Vol. I)
`
`University, MS
`
`May 4, 2016
`
`Page 8
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` MR. GERGELY: Yeah, but, you know, you're
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` here to -- I don't mean to be combative, but he is
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` here to answer questions.
`
` MS. REISTER: Correct.
`
` MR. GERGELY: And I don't think it's fair
`
` for you to tell him where to put his papers. That's
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` not part of the rules.
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` MS. REISTER: We're just moving them so
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` that we don't get confused between the exhibits that
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` are being marked for the deposition.
`
` MR. GERGELY: Okay.
`
` MS. REISTER: That's the reason why.
`
` MR. GERGELY: Okay. So if it's just
`
` simply a matter of --
`
` MS. REISTER: It's a matter of space --
`
` MR. GERGELY: If it's a matter of space,
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` that's fine.
`
` MS. REISTER: -- and not confusing --
`
` MR. GERGELY: Okay.
`
` MS. REISTER: -- and making sure that we
`
` clearly mark every exhibit.
`
` MR. GERGELY: Okay.
`
` MS. REISTER: That's the purpose for it.
`
` MR. GERGELY: Okay. Well, how do you want
`
` to proceed? Would you rather have them here on the
`
`1-800-FOR-DEPO
`
`www.aldersonreporting.com
`
`Alderson Court Reporting
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`CFAD v. Anacor, IPR2015-01776 ANACOR EX. 2032 - 8/638
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`
`
`Narasimha Murthy, Ph.D. (Vol. I)
`
`University, MS
`
`May 4, 2016
`
`Page 9
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` table with you or would you rather have some space?
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` MS. REISTER: Could you please put them on
`
` the floor at least?
`
` MR. GERGELY: Why don't you put them in
`
` the chair next to him?
`
` MS. REISTER: That's fine.
`
` MR. GERGELY: If he does have to refer to
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` it, he can just --
`
` MS. REISTER: And at the appropriate time,
`
` we will mark it as an exhibit and enter it in as an
`
` exhibit.
`
` MR. GERGELY: Okay.
`
` VIDEOGRAPHER: Off the record. It's 8:41.
`
` (Off the record.)
`
` VIDEOGRAPHER: Back on the record. It's
`
` 8:42.
`
` Q. (By Ms. Reister) Dr. Murthy, have you
`
` been deposed before?
`
` A. Yes.
`
` Q. When was that?
`
` A. I don't remember the exact date, but it
`
` was about four years ago.
`
` Q. Was it one time four years ago?
`
` A. Yes, that's right.
`
` Q. So you've only been deposed one prior
`
`1-800-FOR-DEPO
`
`www.aldersonreporting.com
`
`Alderson Court Reporting
`
`CFAD v. Anacor, IPR2015-01776 ANACOR EX. 2032 - 9/638
`
`
`
`Narasimha Murthy, Ph.D. (Vol. I)
`
`University, MS
`
`May 4, 2016
`
`Page 10
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` time?
`
` A. Yes, that's correct.
`
` Q. What was the subject matter of that
`
` deposition?
`
` A. That was a medical malpractice type case,
`
` and that's it.
`
` Q. It was a medical malpractice type case.
`
` So it was not anything to do with a patent?
`
` A. Nothing to do with a patent.
`
` Q. And on behalf of whom did you testify?
`
` A. I -- I testified on behalf of the
`
` defendant. I don't recall the names.
`
` Q. So you were testifying on behalf of the
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` defendant?
`
` A. Yeah.
`
` Q. And was the plaintiff in that case a
`
` doctor or patient?
`
` A. Plaintiff was -- was the person -- husband
`
` of the person who died.
`
` Q. Have you ever testified in a trial
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` proceeding in a court?
`
` A. No.
`
` Q. Have you ever been deposed in the context
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` of an IPR proceeding previously?
`
` A. No.
`
`1-800-FOR-DEPO
`
`www.aldersonreporting.com
`
`Alderson Court Reporting
`
`CFAD v. Anacor, IPR2015-01776 ANACOR EX. 2032 - 10/638
`
`
`
`Narasimha Murthy, Ph.D. (Vol. I)
`
`University, MS
`
`May 4, 2016
`
`Page 11
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` Q. What did you do to prepare for the
`
` deposition today?
`
` A. So I -- I read all the declarations that I
`
` submitted and all the exhibits.
`
` Q. And did you do that yesterday or over the
`
` past month? How long did you spend doing that?
`
` A. Over the past few days.
`
` Q. Did you meet with any counsel before the
`
` deposition today?
`
` A. Today? Not today. Yesterday I met them.
`
` Q. And with whom did you meet yesterday?
`
` A. Yesterday, the -- all the three attorneys,
`
` my counsel.
`
` Q. Could you please speak up and identify the
`
` counsel by name with whom you met yesterday?
`
` A. Yes, Mr. Peter, Mr. Ryan and Miss Kathy.
`
` Q. And for how long did you meet with the
`
` counsel yesterday?
`
` A. A couple of hours, three hours maybe.
`
` Q. During your meeting with the counsel
`
` yesterday, did you review any documents?
`
` A. No, not -- we did not review any
`
` documents.
`
` Q. So during your meeting with counsel
`
` yesterday, you did not look at your declaration?
`
`1-800-FOR-DEPO
`
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`
`Alderson Court Reporting
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`CFAD v. Anacor, IPR2015-01776 ANACOR EX. 2032 - 11/638
`
`
`
`Narasimha Murthy, Ph.D. (Vol. I)
`
`University, MS
`
`May 4, 2016
`
`Page 12
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` A. I did look at my declaration, yeah.
`
` Q. So during the meeting, you were discussing
`
` your declaration with your counsel, correct?
`
` A. I was not discussing my -- regarding my
`
` declaration. I had a few questions that I wanted to
`
` know, like how the deposition would go on and such
`
` things.
`
` Q. During the meeting with counsel, did you
`
` review any of the exhibits to the declaration?
`
` A. Yes, a few of them.
`
` Q. Which exhibits did you look at?
`
` A. The Austin, and then Brehove, and Freeman
`
` documents.
`
` Q. When did you find out that you would be
`
` deposed?
`
` A. I guess about a month ago.
`
` Q. And how did you find out?
`
` A. The counsel informed me.
`
` Q. And who was that?
`
` A. Mr. Ryan, and Mr. Peter, and Miss Kathy.
`
` Q. They all three told you?
`
` A. Yeah.
`
` Q. Did you talk to anyone else in preparation
`
` for your deposition, other than the three attorneys
`
` sitting here today?
`
`1-800-FOR-DEPO
`
`www.aldersonreporting.com
`
`Alderson Court Reporting
`
`CFAD v. Anacor, IPR2015-01776 ANACOR EX. 2032 - 12/638
`
`
`
`Narasimha Murthy, Ph.D. (Vol. I)
`
`University, MS
`
`May 4, 2016
`
`Page 13
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` A. No.
`
` Q. There were no other attorneys that you
`
` discussed it with?
`
` A. No.
`
` Q. No other people that you worked with?
`
` A. No other people.
`
` Q. Did you do any -- any type of searching,
`
` literature searching in preparation for your
`
` deposition?
`
` A. I did some.
`
` Q. You did some searching in preparation for
`
` the deposition?
`
` A. That's correct.
`
` Q. And what were the results of those
`
` searches?
`
` A. Can you be a little more specific?
`
` Q. Yes. You said that you conducted some
`
` literature searching.
`
` A. That's correct.
`
` Q. In preparation for the deposition today,
`
` correct?
`
` A. Uh-huh (affirmative response).
`
` Q. What was the results of that search?
`
` A. It's a broad question. I'm not getting --
`
` results means -- no, I -- I looked at the literature
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`
`Narasimha Murthy, Ph.D. (Vol. I)
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`University, MS
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`May 4, 2016
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`Page 14
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` that was cited in the preliminary response by the
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` patent owner. That was the only, you know,
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` documents that I -- I pulled up and read it.
`
` Q. So to be clear, when you said you did a
`
` literature search --
`
` A. Yes.
`
` Q. -- do I understand your testimony to be
`
` that you were looking at the documents cited in the
`
` patent owner preliminary response?
`
` A. That's right.
`
` Q. So is it correct that you did not do an
`
` independent search looking for other documents --
`
` A. I did a lot of independent research also.
`
` Q. -- in preparation for your deposition
`
` today?
`
` A. Yes.
`
` Q. Please explain what you did.
`
` A. Well, I just wanted to brush up my memory
`
` on some of the antifungal drugs that we investigated
`
` a few years ago, and I wanted -- I just looked at
`
` the data. I looked at my own publications. That's
`
` it.
`
` Q. And how did you conduct that search?
`
` A. How did I conduct that research?
`
` Q. Yes.
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`Narasimha Murthy, Ph.D. (Vol. I)
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`University, MS
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`May 4, 2016
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`Page 15
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` A. Well, I pulled up those papers. I worked
`
` on Internet, and I printed off the papers and read
`
` them.
`
` Q. What are the papers that you printed off?
`
` A. The papers that I printed off were my own
`
` papers.
`
` Q. Do you have them with you here today?
`
` A. No, not here.
`
` Q. Can you please tell us what those papers
`
` were?
`
` A. It was a review on treatment of
`
` onychomycosis, the delivery of drugs, a review
`
` paper, drug development in the pharmacy.
`
` Q. Any- -- anything else?
`
` A. No. The information, whatever information
`
` was available with me, I just reviewed them, and
`
` then I pulled up my papers and read them. I -- I
`
` pulled up a couple of papers that was cited on the
`
` preliminary response for the patent owner. I don't
`
` recall the name of doctors, but I read the paper.
`
` Just -- I was looking for some information in that,
`
` and that's it.
`
` Q. Now, you've testified that you looked at
`
` your papers, plural, and you've identified one
`
` paper.
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`Narasimha Murthy, Ph.D. (Vol. I)
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`University, MS
`
`May 4, 2016
`
`Page 16
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` Could you tell me what the other papers
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` were that you looked at yesterday in preparation for
`
` your deposition?
`
` A. The one paper that I looked at was a
`
` recent paper that got accepted, probably it's
`
` online, on use of an electrical technique to deliver
`
` drugs into the nail plate.
`
` Q. This is a paper that you authored?
`
` A. That's a paper that my group wrote, that's
`
` right.
`
` Q. And do you have it with you here today?
`
` A. I don't have it here.
`
` Q. And the title of the paper is?
`
` A. Pardon me?
`
` Q. What is the title of the paper?
`
` A. "Trans-ungual anti forces exploring high
`
` chem as one of the potential roles of drug
`
` administration."
`
` Q. And when was this paper authored?
`
` A. When?
`
` Q. Yes.
`
` A. About six months ago. It got accepted
`
` recently when we submitted it.
`
` Q. The -- the prior paper that you were
`
` talking about, trans-ungual delivery across the nail
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`
`Narasimha Murthy, Ph.D. (Vol. I)
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`University, MS
`
`May 4, 2016
`
`Page 17
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` plate, when was that paper written?
`
` A. It was a while ago. It was three or four
`
` years ago, yes.
`
` Q. You said that in preparation for your
`
` deposition you were doing some searching for
`
` antifungal drugs.
`
` A. Right.
`
` Q. What type of antifungal drugs were you
`
` searching for?
`
` A. Well, there are several antifungal drugs.
`
` It was just a general search to see, you know, how
`
` many antifungal drugs exist and how many made it to
`
` market and what does their activities look like and
`
` such things.
`
` Q. And what was the -- the time frame for the
`
` scope of that search?
`
` A. How long did I search? That's what you
`
` mean?
`
` Q. No. During what period of time were you
`
` looking for antifungal drugs? Since 1906?
`
` A. During my preparation of -- for
`
` deposition, I was looking at antifungal drugs, yes,
`
` since, I believe, 1980s. I don't recall the exact
`
` years of approval of the drugs. I'm just interested
`
` in what drugs exist and what drugs are being used
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`Narasimha Murthy, Ph.D. (Vol. I)
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`University, MS
`
`May 4, 2016
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`Page 18
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` for the treatment.
`
` Q. For the treatment of what?
`
` A. Onychomycosis.
`
` Q. Approximately when were you contacted,
`
` first contacted to work on these IPR matters?
`
` A. It was early last year, 2015.
`
` Q. Approximately what month?
`
` A. January or February, I think.
`
` Q. January or February of 2015?
`
` A. 2015.
`
` Q. And who contacted you?
`
` A. Mr. Ryan contacted me.
`
` Q. Excuse me?
`
` A. Mr. Ryan.
`
` Q. And he was the first person --
`
` A. That's right.
`
` Q. -- that contacted you?
`
` A. That's right.
`
` Q. Have you ever spoken with anyone from the
`
` Coalition for Affordable Drugs?
`
` A. I have not.
`
` Q. Do you know anyone from that company?
`
` A. I don't.
`
` Q. Do you know what they do?
`
` A. I don't.
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`
`Narasimha Murthy, Ph.D. (Vol. I)
`
`University, MS
`
`May 4, 2016
`
`Page 19
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` Q. Do you know who Kyle Bass is?
`
` A. I have not heard about him.
`
` Q. You have never heard the name Kyle Bass?
`
` A. Never heard about him.
`
` Q. Have you ever heard the name Erich
`
` Spangenberg?
`
` A. No.
`
` Q. So you've never heard of any of those
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` people?
`
` A. No.
`
` Q. Now, you were retained by the law firm of
`
` Merchant & Gould to assist in the IPRs; is that
`
` correct?
`
` A. That's correct.
`
` MS. REISTER: Alex, I think we'd like the
`
` 108 declaration.
`
` Q. (By Ms. Reister) We are going to hand you
`
` what has been previously marked as GFAD Exhibit 1008
`
` and IPR 2015-01776.
`
` Do you recognize that document?
`
` A. Yes.
`
` Q. And that's the declaration submitted for
`
` inter partes review of U.S. Patent Number 7,582,621.
`
` Will you understand if I refer to that
`
` patent as the "'621 patent"?
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`Narasimha Murthy, Ph.D. (Vol. I)
`
`University, MS
`
`May 4, 2016
`
`Page 20
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` A. '621 patent, that's correct.
`
` Q. And can we refer to this declaration as
`
` Exhibit 1008? Do you see where that's marked?
`
` A. Yes. Can I write on this, on 1008?
`
` Q. That will become an original exhibit.
`
` Yes, you can.
`
` MR. GERGELY: I just want to make sure we
`
` have the numbering system clear. It looks like
`
` there's a sticker on it that says, "Murthy Exhibit
`
` 1."
`
` MS. REISTER: We're going to retain that
`
` as Exhibit 1008. We're going to have a side of
`
` previously marked and a side of new exhibits.
`
` So that will be Murthy Exhibit 1008.
`
` (Exhibit 1008 marked for identification.)
`
` Q. (By Ms. Reister) Thank you.
`
` I'd like you to turn to page -- page 29.
`
` A. Uh-huh (affirmative response).
`
` Q. My apologies. Page 55, if you could.
`
` A. 55?
`
` Q. Yes.
`
` A. Yes.
`
` Q. Now, is that your signature on that
`
` page 55?
`
` A. That's my signature.
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`
`Narasimha Murthy, Ph.D. (Vol. I)
`
`University, MS
`
`May 4, 2016
`
`Page 21
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` Q. When did you sign this document?
`
` A. On the date I mentioned there, June 15th.
`
` Q. So you signed it on June 15th, 2015?
`
` A. Right.
`
` Q. And you understand that in the declaration
`
` you were attesting that everything is true and
`
` correct under the penalty of perjury, right?
`
` A. That's correct.
`
` Q. And you understand that today, you're
`
` testifying under the penalty of perjury, correct?
`
` A. Correct.
`
` Q. Now, is everything in that declaration
`
` 1008 true and correct?
`
` A. Correct.
`
` Q. Are there any corrections to your
`
` declaration?
`
` A. I don't think.
`
` Q. Any errors of which you are aware?
`
` A. No.
`
` Q. Now, during preparation of this
`
` declaration, did counsel provide you with a draft of
`
` the declaration to review?
`
` A. Yes.
`
` Q. And when did they do that?
`
` A. It was probably in the month of April
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`Narasimha Murthy, Ph.D. (Vol. I)
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`University, MS
`
`May 4, 2016
`
`Page 22
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` after we had a few discussions about the IPR.
`
` Q. And how many drafts of the declaration did
`
` counsel provide to you?
`
` A. Again, I don't recall the number, exact
`
` number, but it was at least 10 times we reviewed the
`
` draft. I reviewed the draft.
`
` Q. So counsel provided you an initial draft,
`
` you marked it up, sent it back to them --
`
` A. Yeah.
`
` Q. -- they provided you another draft, you
`
` marked it up and sent it back to them; is that
`
` correct?
`
` A. Yes. The part we are missing here is when
`
` they provided the draft, I reviewed the draft, and
`
` we always had discussions over the phone, and then I
`
` told -- I give my input before they went to revise
`
` it further.
`
` Q. And the drafts back and forth, that was
`
` about 10 times; is that correct?
`
` A. That's correct.
`
` Q. And did you bring those drafts with you
`
` today?
`
` A. No, I didn't.
`
` Q. Do you still have those drafts?
`
` A. Maybe they are on my e-mail. I didn't
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`Narasimha Murthy, Ph.D. (Vol. I)
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`University, MS
`
`May 4, 2016
`
`Page 23
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` print all of them.
`
` Q. Uh-huh (affirmative response).
`
` So you still have e-mail electronic copies
`
` of the drafts going back and forth?
`
` A. I believe so, yes.
`
` Q. Yeah.
`
` MS. REISTER: We're going to put in a
`
` request for those documents, Counsel, all of the
`
` drafts and communications with respect to that.
`
` MR. GERGELY: You will -- you are going to
`
` or you are?
`
` MS. REISTER: I am.
`
` MR. GERGELY: Oh, okay.
`
` MS. REISTER: I'm putting into the record
`
` a formal request for copies of the drafts and
`
` communications going back and forth with Dr. Murthy
`
` of the declaration.
`
` MR. GERGELY: And I think those are
`
` specifically excluded by Rule 26, but I have your
`
` request.
`
` MS. REISTER: Thank you. I have your
`
` objection.
`
` Q. (By Ms. Reister) So to be clear, you
`
` didn't draft, initially, any of the declaration
`
` yourself, correct?
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`Narasimha Murthy, Ph.D. (Vol. I)
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`University, MS
`
`May 4, 2016
`
`Page 24
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` A. No.
`
` Q. Did you review and understand all
`
` paragraphs and sections of the declaration before
`
` you signed it?
`
` A. Yes.
`
` Q. Okay. I'd like you to turn to page 5 of
`
` the Exhibit 1008 declaration.
`
` A. Yes.
`
` Q. And I draw your attention to paragraph 13,
`
` which actually starts on page 4.
`
` A. Yeah.
`
` MR. GERGELY: And, Andrea, just to be
`
` clear for the record, you were referring the witness
`
` to Exhibit 5, but I think you meant page 5; is that
`
` right?
`
` MS. REISTER: Yes.
`
` MR. GERGELY: Okay.
`
` Q. (By Ms. Reister) Paragraph 13, which
`
` starts on page 4 and carries over to page 5.
`
` And paragraph 13 states that you reviewed
`
` the following documents and information in the
`
` petition.
`
` Do you see that?
`
` A. Right.
`
` Q. And then there are a number of documents
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`Narasimha Murthy, Ph.D. (Vol. I)
`
`University, MS
`
`May 4, 2016
`
`Page 25
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` listed on page 5.
`
` A. Right.
`
` Q. Correct?
`
` Now, did you review the '621 patent before
`
` you reviewed all of those exhibits?
`
` A. Yes.
`
` Q. And how about the '657 patent? Do you
`
` understand what I mean by the '657 patent?
`
` A. Yes, sir.
`
` Q. Okay. Did you review the '657 patent
`
` before you reviewed all of the documents that are
`
` listed on page 5 of Exhibit 1008?
`
` A. Right, that's correct.
`
` Q. Now, were the documents that are listed on
`
` page 5 of Exhibit 1008 supplied to you by counsel?
`
` A. Could you come again, please?
`
` Q. Yes. Let me rephrase the question.
`
` In paragraph 13, on page 5 of Exhibit 1008
`
` declaration, there are a number of documents listed,
`
` Exhibit 101 through Exhibit 1028.
`
` A. Right.
`
` Q. Did counsel provide you with each of those
`
` exhibits listed on page 5?
`
` A. They did. They did.
`
` Q. They did. Okay. So you didn't -- you did
`
`1-800-FOR-DEPO
`
`www.aldersonreporting.com
`
`Alderson Court Reporting
`
`CFAD v. Anacor, IPR2015-01776 ANACOR EX. 2032 - 25/638
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`
`
`Narasimha Murthy, Ph.D. (Vol. I)
`
`University, MS
`
`May 4, 2016
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`Page 26
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` not have any of these documents before they were
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` supplied to you by counsel?
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` A. That's correct.
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` Q. Now, are there any other documents --
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` A. Can I go back and correct? I have read --
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` I have read 1028 before, 1028.
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` Q. So on page 5, it references Exhibit 1028,
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` the article authored by Murdan, "Drug delivery to
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` the nail following topical application."
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` A. Right.
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` Q. That is an article you had read prior to
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` it being supplied to you by counsel for this case?
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` A. That's correct.
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` Q. Are there any others on this list that you
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` had prior to being provided to you by counsel?
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` A. No.
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` Q. Are there any other documents that you
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` reviewed or considered in preparing your
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`