throbber
Page 1
`
`THE UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________________
`COALITION FOR AFFORDABLE DRUGS VIII LLC
`Petitioner,
`
`v.
`THE TRUSTEES OF THE UNIVERSITY OF
`PENNSYLVANIA
`
`Patent Owner.
`_____________________
`Case IPR2015-01835 & IPR2015-01836
`U.S. Pat. No. 7,932,268
`_____________________
`
`DEPOSITION OF FRANK SACKS
`New York, New York
`August 12, 2016
`
`Reported by:
`MARY F. BOWMAN, RPR, CRR
`JOB NO. 111201
`
`1 2
`
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`TSG Reporting - Worldwide 877-702-9580
`
`CFAD Exhibit 1054
`
`

`

`Page 2
`
` August 12, 2016
` 9:00 a.m.
`
` Deposition of FRANK SACKS, held
` at the offices of Goodwin Procter LLP,
` 620 Eighth Avenue, New York, New York,
` before Mary F. Bowman, a Registered
` Professional Reporter, Certified
` Realtime Reporter, and Notary Public of
` the State of New Jersey.
`
`TSG Reporting - Worldwide 877-702-9580
`
`1 2 3 4 5
`
`6
`
`7 8 9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`

`

`Page 3
`
` APPEARANCES:
`
`McNEELY HARE & WAR
`Attorneys for Coalition for Affordable Drugs
` 12 Roszel Road
` Princeton, New Jersey 08540
`BY: CHRISTOPHER CASIERI, ESQ
`
`GOODWIN PROCTER
`Attorneys for Trustees of the University
`of Pennsylvania
` 620 Eighth Avenue
` New York, New York 10018
`BY: CYNTHIA LAMBERT HARDMAN, ESQ.
` KRUPA PARIKH, ESQ.
`
`Also Present:
` KEVIN S. PRUSSIA, ESQ.
` WilmerHale
`
`TSG Reporting - Worldwide 877-702-9580
`
`1 2
`
`3 4
`
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`

`

`Page 4
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` SACKS
`FRANK SACKS,
` called as a witness by the parties,
` having been duly sworn, testified as
` follows:
`EXAMINATION BY
`MR. CASIERI:
` Q. Good morning, Dr. Sacks.
` A. Good morning, Mr. Casieri.
` Q. Have you had your deposition
` taken before?
` A. Yes.
` Q. About how many times?
` A. Six to eight, I'd say.
` Q. I'm sure you know all the rules,
` so I'm not going to go through them all.
` Just remind you, if I ask a question and
` you don't understand it or you don't think
` it is clear, let me know and I'll try and
` clarify it. But if not, I will assume you
` understand the question. OK?
` A. Yes.
` MS. HARDMAN: Objection to form.
` Q. So you said you have had your
` deposition taken six to eight times?
`
`TSG Reporting - Worldwide 877-702-9580
`
`

`

`Page 5
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` SACKS
` A. Correct.
` Q. How many cases were those in?
` A. A variety of cases. Let's see,
` there was -- well, some are patent, a few
` of them were patent litigation in which I
` was on the side of plaintiffs or
` defendants, both, in various cases, and
` then I was a witness for the Federal Trade
` Commission in a false advertising suit
` against Pom Wonderful, the pomegranate
` company, and then there was a short
` class -- short-lived class action suit
` against Pom Wonderful that, for a brief
` time, I was on the side of the plaintiff
` against Pom Wonderful.
` Let me see any other type of
` case? If it comes to me, I'll let you
` know.
` Q. OK. The patent litigations, you
` said three or four of them?
` A. Well, possibly, if -- let's say
` if I did eight, probably six of them, you
` know, would be patent infringement cases.
` Q. Did you give trial testimony in
`
`TSG Reporting - Worldwide 877-702-9580
`
`

`

`Page 6
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` SACKS
` those?
` A. On those, no.
` Q. Were you an expert witness on
` those patent cases?
` A. Correct.
` Q. Do you remember the drugs that
` were at issue in those cases?
` A. Sure. Let's see the first case,
` was a prescription omega 3 fatty acid drug
` or preparation. And it -- so I was an
` expert witness for the generic side. I
` guess that's the defendant in those cases.
` So I was an expert witness on the
` generic side, Par Pharmaceuticals, that
` wanted to market a generic version of a
` drug, a Glaxo drug that was actually a fish
` oil, omega 3 fatty acid preparation.
` Then, there was a niacin case
` that kind of, one kind of a low release
` niacin called Niaspan. So there were
` actually several very similar cases on the
` Niaspan patent and that one I was on the
` plaintiff or patent holder's side.
` Q. Do you know who you -- who the
`
`TSG Reporting - Worldwide 877-702-9580
`
`

`

`Page 7
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` SACKS
` plaintiff was?
` A. In the Niaspan case, there was a
` whole group of, a whole group of
` plaintiffs. I don't -- it is like one of,
` you know, the usual cast of characters,
` Barr and Teva and so forth, Impax. I don't
` remember specifically.
` Q. But you were on the plaintiff's
` side in that case?
` A. Well, in that case, I was on the
` patent holder's side, the defendant,
` defendant's side in the niacin cases. So
` the patent holders Abbott or AbbVie, was,
` is the patent holder. And those other
` generic companies wanted to market a
` generic equivalent.
` Q. Any other drugs that you were
` involved in the patent litigation?
` A. There is some short case relating
` to a fibroid drug, fenofibrate, also the
` patent holder was Abbott, and it was -- it
` was in relation to fenofibrate being used
` in combination with a statin. And I think
` there was a combination drug.
`
`TSG Reporting - Worldwide 877-702-9580
`
`

`

`Page 8
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` SACKS
` I actually don't really remember
` that clearly about that. It was kind of a
` short-lived case that I went to deposition
` very quickly.
` Q. Is that it for the patent
` litigations?
` A. Well, that's what I can remember
` now. I think that's it.
` Q. I'm going to hand you what has
` been marked as Penn Exhibit 2023 and case
` IPR 2015-01835.
` (Penn Exhibit 2023, Declaration
` of Frank Sacks marked for
` identification, as of this date.)
` Q. Just take a look at that. It is
` double-sided, so just so you are aware. On
` the very back page, can you take a look and
` tell me, is that your signature?
` A. Yes.
` Q. This is your, as it says on the
` front, your declaration for the patent
` owner's response to petition?
` A. Yes.
` Q. Next, I'm going to hand you what
`
`TSG Reporting - Worldwide 877-702-9580
`
`

`

`Page 9
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` SACKS
` has been marked Penn Exhibit 2023 and case
` IPR 2015-01836.
` I guess I would just ask you
` again to turn to the back, just confirm
` that that's your signature.
` A. Yes.
` Q. So to try to make things simple
` today, I'm going to ask you, with regard to
` the substance of your opinion, are these
` the same?
` MS. HARDMAN: Objection to form.
` A. Are these the same?
` Q. Yeah.
` A. I was wondering why you gave me
` what looks on the face a duplicate. But I
` don't know, I would have to page through
` it.
` Q. I'll represent to you that one
` decoration was submitted in one IPR and if
` you look, the number IPR 2015-1835 and the
` second one was submitted in IPR 2015-1836.
` Do you see that?
` A. Right.
` Q. OK. So I'm just trying to
`
`TSG Reporting - Worldwide 877-702-9580
`
`

`

`Page 10
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` SACKS
` confirm that the substance of these two
` declarations are the same.
` MS. HARDMAN: Objection to form.
` Q. Do you know?
` A. I don't know. I'd have to -- as
` far as my recollection, I just remember
` signing a declaration. I don't -- I mean,
` I only wrote one declaration. So if
` this -- if this is the one declaration I
` wrote that has two different numbers, then
` it's the same.
` Q. OK. Let's put that aside for
` now.
` We can just use one, the one that
` has the 1835, just for the sake of
` simplicity, and maybe we can go back later
` and establish what the differences between
` the two declarations are. OK?
` A. Yes.
` Q. So in preparing this declaration,
` who did you speak to?
` A. Who did I speak to? I spoke with
` the three lawyers that are here now.
` Q. Is it -- just so I'm clear, in
`
`TSG Reporting - Worldwide 877-702-9580
`
`

`

`Page 11
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` SACKS
` preparing the declaration, you spoke to the
` three lawyers that are in the room now?
` A. In preparing the deposition?
` Q. No, no.
` A. I mean, in preparing the report?
` Q. Yeah.
` A. Yeah.
` Q. OK. Anyone else?
` A. Anyone else? No.
` Q. Are you aware if anyone else gave
` declarations in support of the patent
` owner's response?
` A. The declarations by Dr. Bailey
` and Dr. Kimball.
` Q. Did you speak to Dr. Bailey or
` Dr. Kimball before you prepared your
` declaration?
` A. No.
` Q. Did you have -- did you ever
` review their declarations?
` A. Yes.
` Q. When did you review them?
` A. A few days ago.
` Q. Is that the first time?
`
`TSG Reporting - Worldwide 877-702-9580
`
`

`

`Page 12
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` SACKS
` A. Correct.
` Q. Did you review Dr. Gregg's
` declaration?
` A. No.
` Q. Did you review Dr. Rader's
` declaration?
` A. No.
` Q. If you would turn to paragraph
` 40, which is on page 21, paragraph 40, you
` give your definition, your opinion of what
` a person of ordinary skill in the art would
` be, correct?
` A. I'll read that paragraph.
` OK. yes.
` Q. And now, down in paragraph 41, in
` about the middle of the paragraph, you
` indicate, "In my view, the '135 and '268
` patents are focused more on the treating,
` more on a treating physician."
` Do you see that?
` A. Yes.
` Q. What do you mean by treating
` physician?
` A. A physician that is treating
`
`TSG Reporting - Worldwide 877-702-9580
`
`

`

`Page 13
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` SACKS
` patients, is prescribing medicine, treating
` patients.
` Q. Is that as opposed to some other
` physician?
` A. Well, that's not what I meant by
` that. What I meant is I didn't mean
` that -- I meant the treating physician, as
` opposed to say a Ph.D. in medicinal
` chemistry or something like that.
` Q. How about a physician that's
` focused on research, he is not necessarily
` a treating physician, correct?
` MS. HARDMAN: Objection to form.
` A. That, that's correct.
` Q. I'm just trying to establish, you
` know, what a treating physician is as
` opposed to any other physician or any other
` doctor. I think you said it's a physician
` that's treating patients.
` A. That's --
` MS. HARDMAN: Objection form.
` A. Again, my reading of the patent
` is that it is directed toward establishing
` a dose regimen to treat patients, so that's
`
`TSG Reporting - Worldwide 877-702-9580
`
`

`

`Page 14
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` SACKS
` why, to me, it's -- it's focused on a
` treating physician. It's not like a
` chemistry patent, let's say.
` Q. So in paragraph 40, where you say
` an MD and several years of experience in
` treating patients with lipid disorders
` including hyperlipidemia and
` hypercholesterolemia, that's a treating
` physician?
` A. Yes.
` MS. HARDMAN: Objection to form.
` Q. OK, turn the page, still in
` paragraph 41. Right in the second sentence
` there, you say, "I disagree with this
` portion of Dr. Zusman's analysis. While
` physicians remain abreast of current
` developments in their field, this is
` typically achieved by reading scientific
` journals and attending conferences and
` lectures."
` Do you see that?
` A. Yes.
` Q. And then you say you disagree
` that "physicians routinely read the pink
`
`TSG Reporting - Worldwide 877-702-9580
`
`

`

`Page 15
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` SACKS
` sheet and follow the activities of
` pharmaceutical companies."
` Do you see that?
` A. Yes.
` Q. When you say "physicians" here,
` are you talking about person of ordinary
` skill in the art or just physicians
` generally?
` A. Actually, I'm going to back up
` one sentence.
` Q. Sure.
` A. So I can see exactly what it says
` here.
` OK. So I read that section. And
` your question is on the type of physician?
` Q. When you say "physicians" instead
` of "person of ordinary skill in the art,"
` I'm trying to ask you, is there a
` distinction when you say physicians as
` opposed to person of ordinary skill in the
` art?
` A. No.
` Q. By the way, if I -- as we go
` through this, I'm going to read portions of
`
`TSG Reporting - Worldwide 877-702-9580
`
`

`

`Page 16
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` SACKS
` paragraphs and you're free to read whatever
` you want to read or whatever you need to
` read. I'm not trying to trick you or
` anything. I just don't want to read every
` paragraph. OK? So if you need to read
` something, just read it.
` A. Sure, I understand.
` Q. Just let me know that.
` A. I understand.
` Q. OK, so now, do you dispute that
` the pink sheet is a publicly available
` document?
` MS. HARDMAN: Objection to form.
` A. I certainly don't -- I mean, it
` requires a subscription as far as I know.
` So inasmuch as somebody could sign up, pay
` the subscription fee, it's available.
` Q. So you say, "In fact, prior to my
` reading documents in this proceeding, I
` have never used or even heard of the pink
` sheet." Correct?
` A. Yes.
` Q. Did the fact that you never heard
` or used the pink sheet, did it impact your
`
`TSG Reporting - Worldwide 877-702-9580
`
`

`

`Page 17
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` SACKS
` opinion in any way in this declaration?
` A. Well, sure. I mean, I -- getting
` myself acquainted with pink sheet in
` reviewing the proposed prior art, I mean I
` had to learn something about the pink sheet
` and my opinion about the pink sheet is that
` it's not any good prior art for
` developing -- you know, for the -- for
` developing a drug to treat people.
` It's just a breezy, kind of a
` breezy document for investors and people
` working in the drug -- in pharmaceutical
` companies may want if they are like in
` marketing, they may want to look at that to
` get some inkling of what's going on outside
` their company.
` Q. I guess my question is
` specifically the fact that you disagree
` that physicians read, routinely read the
` pink sheet. Did that specific opinion that
` you have an influence one way or the other
` on your overall opinion?
` MS. HARDMAN: Objection to form.
` A. I don't see it as good prior art
`
`TSG Reporting - Worldwide 877-702-9580
`
`

`

`Page 18
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` SACKS
` for the purpose that if -- you know, if I
` was a POSA in 2003-2004, I wouldn't
` consider that good prior art to go develop
` a, go develop a dosing regimen. So that's
` what I mean.
` Q. Would you consider it to be prior
` art at all?
` MS. HARDMAN: Objection to form.
` Q. Would you consider it to be prior
` art to the patents at issue in this case?
` MS. HARDMAN: Objection to form.
` A. Well, to a POSA -- well, you're
` actually asking a technical, legal question
` about prior art. So, you know, as I look
` at this, from my expertise and experience,
` I don't see that the pink sheet as useful
` in the aim that I would have to design a
` dosing regimen for an MTP.
` Q. Let's take a look at paragraph
` 44. You -- I'm going to ask this, but you
` are a treating physician, correct?
` A. I was until I retired from
` treating -- from medical practice.
` Q. When did you retire?
`
`TSG Reporting - Worldwide 877-702-9580
`
`

`

`Page 19
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` SACKS
` A. In 2010. Well, let me just
` clarify. I didn't retire from -- I didn't
` relinquish my medical license because I use
` that in relation to clinical research.
` But as of 2010, I retired from my
` clinic that -- it was a specialty clinic in
` hyperlipidemia in Brigham and Women's
` Hospital. That's what I mean.
` Q. So prior to 2010, you were
` treating patients?
` A. Correct.
` Q. What did you say, at a clinic?
` A. At a clinic. A hyperlipidemia
` clinic in the Division of Cardiology at
` Brigham and Women's Hospital.
` Q. Now, is a treating physician
` involved in selecting a drug for clinical
` trials?
` MS. HARDMAN: Objection to form.
` A. If that treating physician is
` also a research physician.
` Q. Just so we are talking about the
` same thing, did you define clinical trials?
` A. Yes, the clinical trial,
`
`TSG Reporting - Worldwide 877-702-9580
`
`

`

`Page 20
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` SACKS
` "clinical" is a term of art and it refers
` to humans. In other words, in other words,
` experiments, studies in humans. So that's
` the clinical part. And the trial is a test
` of a drug or a diet or anything that alters
` something in a patient and it's very
` desirable that a clinical trial is also
` randomized and has a control group.
` Q. OK, so I think you said that
` treating physician is a research physician,
` he could be involved in selecting a drug
` for clinical trials, right, is that what
` you said?
` A. Correct, in other words, if a
` physician both treats patients and conducts
` research.
` Q. Were you a research physician?
` A. Yes.
` Q. At what time frames were you a
` research physician?
` A. Well, my entire career, including
` now.
` Q. Were you involved in selecting
` drugs for clinical trials?
`
`TSG Reporting - Worldwide 877-702-9580
`
`

`

`Page 21
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` SACKS
` A. Yes.
` Q. What was your role?
` A. Well, in several studies, several
` trials, I was the principal investigator
` and I had the job of selecting the specific
` drug and dosage levels to test in a
` clinical trial.
` Q. Where would you get involved in
` the process; right from the beginning,
` before animal studies or after animal
` studies? Just explain to me where you get
` involved.
` A. Well, let's divide that. To give
` you a good explanation, I'll divide that
` into two parts.
` One part is what I do in my job
` as a professor at Harvard and a physician,
` a staff physician at Brigham and Women's
` Hospital. That's my main job. And I
` conduct their clinical research, research
` in humans. I don't do research in animals.
` So I'm, in that setting, if I
` want to study a drug or a mechanism or
` something, I would get involved with the
`
`TSG Reporting - Worldwide 877-702-9580
`
`

`

`Page 22
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` SACKS
` available drugs or conceivably an
` experimental drug, select that and design a
` clinical protocol to test some property of
` that drug. For example, statins and
` cholesterol levels.
` Let me just answer completely. I
` do consult for the pharmaceutical industry
` and that consultation will often involve
` evaluation and -- on animal experiments.
` Q. You said in there that you would
` design a clinical protocol. What does that
` entail?
` A. OK, a protocol is a detailed
` description of the clinical trial by which
` anybody could read it, if it is written
` well, anybody could read the protocol and
` know how the study was conducted and
` conceivably could reproduce the study if
` the researcher wanted to.
` Q. OK, let's move on to paragraph
` 44. Why don't you take a look and read
` that and I'll ask you some questions.
` A. OK.
` Q. So about in the middle of the
`
`TSG Reporting - Worldwide 877-702-9580
`
`

`

`Page 23
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` SACKS
` paragraph, you said, "However, I note a
` POSA would have understood that the method
` of treating a subject suffering from
` hyperlipidemia or hypercholesterolemia, the
` method comprising administering to the
` subject an effective amount of an MPT
` inhibitor, wherein said administration
` comprises at least three step-wise
` increasing dose levels of the MPT
` inhibitor."
` Did I read that right?
` A. Yes.
` Q. That language, that comes from
` the claim?
` A. Well, I'd have to compare it
` directly, but it sounds like the claim.
` Q. And then you said, "It means that
` the claimed method of treating a human
` patient requires a forced-dose titration
` regimen including but not limited to at
` least three step-wise increasing dose
` levels of lomitapide. Do you see that?
` A. Yes.
` Q. What is a forced-dose titration
`
`TSG Reporting - Worldwide 877-702-9580
`
`

`

`Page 24
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` SACKS
` regimen?
` A. It is an increased, it's a
` progressive increase in dose to the goal
` level.
` Q. Now, the term "forced-dose
` titration," is that something that was
` familiar to the POSA?
` A. Yes.
` Q. Do you know, does that term,
` "forced-dose titration regimen," appear in
` the claims at all?
` A. I don't recall seeing that in the
` claim.
` Q. I guess the same question is, do
` you know if that term "forced-dose
` titration" appears in either of the
` specifications?
` A. It's an interesting question. To
` be a hundred percent sure, I'd have to dig
` around there. But my recollection at this
` point is that I don't recall forced-dose
` titration in the specs.
` Q. So when you said, "This means
` that the claim method of treating a human
`
`TSG Reporting - Worldwide 877-702-9580
`
`

`

`Page 25
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` SACKS
` patient requires a forced-dose titration
` regimen, including but not limited to at
` least three step-wise increasing dose
` levels of lomitapide," is this the claim
` construction that you used in forming your
` opinions that are given in your
` declaration?
` A. Correct.
` Q. Why don't we flip to paragraph
` 50. Paragraph 50 and 51, is it fair to say
` that you are describing
` hypercholesterolemia?
` A. Yes.
` Q. Is hypercholesterolemia different
` from homozygous familial
` hypercholesterolemia?
` A. Well, homozygous familial
` hypercholesterolemia is a subtype of
` hypercholesterolemia.
` Q. Would it be fair to say it is a
` relatively rare subtype of
` hypercholesterolemia?
` A. Yes.
` Q. When you used the term
`
`TSG Reporting - Worldwide 877-702-9580
`
`

`

`Page 26
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` SACKS
` "hypercholesterolemia," are you necessarily
` including people with homozygous familial
` hypercholesterolemia?
` MS. HARDMAN: Objection to form.
` A. I may or may not be, depending on
` the context. I might say
` hypercholesterolemia and be thinking of a
` common hypercholesterolemia.
` So I'd have to -- I mean, I
` think -- I wouldn't -- I couldn't say that
` every time I used "hypercholesterolemia," I
` included homozygous familial
` hypercholesterolemia.
` Q. What do you mean by common
` hypercholesterolemia?
` A. Anybody's cholesterol level above
` our guidelines for an optimal level.
` Q. OK. So with relation to common
` hypercholesterolemia, is it -- is 200 about
` the standard for high cholesterol?
` MS. HARDMAN: Objection to form.
` A. That's a good number. It's in --
` it's in various guidelines.
` Q. What would someone with
`
`TSG Reporting - Worldwide 877-702-9580
`
`

`

`Page 27
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` SACKS
` homozygous familial hypercholesterolemia,
` what would their number be like?
` A. It could be 500, 600, 700.
` Q. Do you have any idea about how
` many patients have -- is there any
` shortened version we can use for homozygous
` familial hypercholesterolemia that you use
` or do you say the whole thing?
` A. No. You could say -- let's see,
` you know, HoFH. You could say --
` Q. If I say that, you will
` understand I'm referring to homozygous
` familial hypercholesterolemia?
` A. Yes.
` Q. To go back to my question, is
` there -- did you know the number of
` patients with HoFH in the United States?
` MS. HARDMAN: Objection to form.
` A. Well, the approximate prevalence
` of HoFH is about one in a million.
` Q. What is the approximate
` prevalence of someone with
` hypercholesterolemia?
` MS. HARDMAN: Objection to form.
`
`TSG Reporting - Worldwide 877-702-9580
`
`

`

`Page 28
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` SACKS
` A. Well, that depends on age. If we
` are thinking of say an older person,
` probably 75 percent of us have levels of
` cholesterol that are higher than is good
` for us.
` Q. OK. I didn't see, and you can
` correct me if I am wrong, but I didn't see
` a similar background section on
` hyperlipidemia. Is that right?
` A. I think you're right. I think
` you're right.
` Q. What's the distinction between
` hyperlipidemia -- to the extent that there
` is one -- what's the distinction between
` hyperlipidemia and hypercholesterolemia?
` A. Well, hypercholesterolemia is a
` subtype of hyperlipidemia.
` Q. So you can have hyperlipidemia
` without having hypercholesterolemia?
` A. Correct.
` Q. It is a subtype, since
` hypercholesterolemia is a subtype of
` hyperlipidemia, is it fair to say even more
` people might have hyperlipidemia than
`
`TSG Reporting - Worldwide 877-702-9580
`
`

`

`Page 29
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` SACKS
` hypercholesterolemia?
` MS. HARDMAN: Objection to form.
` A. Yes.
` Q. Let's skip ahead to paragraph 69.
` Actually, if you take a look at paragraph
` 70, you mentioned a CURVES study, right?
` A. Yes.
` Q. That's a study of statins?
` A. Yes.
` Q. I have it here if you need it.
` A. OK, I'll ask you if I need it.
` Q. So if I just call it the CURVES
` study, will you know what I'm talking about
` Exhibit -- you know, let's get it out.
` I'm going to hand what you has
` been marked as Penn Exhibit 2019.
` (Penn Exhibit 2019, CURVES study
` marked for identification, as of this
` date.)
` Q. So I think in paragraphs 70
` through maybe 73, you reference the CURVES
` study.
` MS. HARDMAN: Objection to form.
` A. Correct.
`
`TSG Reporting - Worldwide 877-702-9580
`
`

`

`Page 30
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` SACKS
` Q. And you're talking about, when
` you say the CURVES study, you're talking
` about Exhibit 2019?
` A. Right.
` Q. So if I say CURVES study, you
` will know we are talking about Penn Exhibit
` 2019?
` A. Yes.
` Q. So are the statins that are
` identified in the CURVE study in the same
` structural class as lomitapide?
` A. No.
` Q. Are the statins identified in the
` CURVE study in the same therapeutic class
` as lomitapide?
` A. Well, they are not in the same
` drug class, but they are used for the
` same -- similar conditions.
` Q. OK, let's talk about therapeutic
` class. Can you give a definition of
` therapeutic class?
` A. Sure, therapeutic class of a drug
` that acts on a specific target to achieve a
` beneficial change in a patient's condition.
`
`TSG Reporting - Worldwide 877-702-9580
`
`

`

`Page 31
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` SACKS
` So for example, the MTP
` inhibitors act on a transport protein
` called MPT that -- to have a beneficial
` effect on cholesterol or lipids, and
` statins act on totally different thing,
` HMG-CoA reductase and that inhibits
` cholesterol synthesis. But both of them
` can be used to treat a medical condition,
` hypercholesterolemia.
` Q. OK, so I understand, just for --
` to make sure we are talking about the same
` thing, are they -- is MPT inhibitors, is it
` in the same therapeutic class as statins?
` A. No. Because -- I mean, we
` have -- we can have many therapeutic
` classes to treat the same -- to treat one
` condition.
` So for example, antihypertensive
` drugs could, I mean, there are six or eight
` different therapeutic classes that are used
` to treat hypertension. It is the same kind
` of thing with lipids.
` Q. Do you know if drugs that are in
` the same therapeutic class have similar
`
`TSG Reporting - Worldwide 877-702-9580
`
`

`

`Page 32
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` SACKS
` structures?
` A. They may. Sometimes the
` structures are really very different but
` they act on the target in a beneficial way
` nonetheless.
` Q. Would a -- would a treating
` physician make a dosing decision based on
` the structure of one drug in a therapeutic
` class compared to the structure of another
` drug in a therapeutic class, same
` therapeutic class?
` MS. HARDMAN: Objection to form.
` A. Well, the, you know, the person
` of ordinary skill as it's defined in my
` report that really only requires a treating
` physician to be treating for several years.
` So let's say -- so a physician
` that would be designing a dosage regimen
` would be conducting research like I do, as
` well as at least at some point have gotten
` experience to treat patients.
` Q. So I guess if we go back to your
` definition of person of ordinary skill in
` the art, and it's on paragraph 40, so an MD
`
`TSG Reporting - Worldwide 877-702-9580
`
`

`

`Page 33
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` SACKS
` with several years of experience in
` treating patients, would they be able to
` make dosing decisions based on the
` structure of a drug?
` A. Well, if that physician is also
` involved in drug development, then I
` would -- then my answer would be yes.
` Q. And if they're not involved in
` drug development --
` A. Well, then probably not because
` those physicians have, you know, very clear
` specifications in the drug labeling from
` the FDA on what to do.
` Q. If the treating physician didn't
` have access to, let's say, the labels of
` the statins, would they be able to look at
` the structure of the statins and make a
` dosing regimen for those statins?
` A. Oh, I -- the structures are just
` one consideration that goes into developing
` a dosage regimen.
` So if we are thinking -- if a
` treating physician is actually treating
` patients with that particular drug, they'd
`
`TSG Reporting - Worldwide 877-702-9580
`
`

`

`Page 34
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` SACKS
` have to have clear specifications.
` Q. You said the structures are just
` one consideration that goes into developing
` a dosing regimen. Can you tell me some of
` the other considerations?
` A. Well, another consideration is
` the pharmacokinetics, the ADME. the ADME
` that goes into defining a dosage regimen.
` For example, if the -- the
` absorption is very important to finding a
` dose and then the distribution is very,
` very important because you want the drug --
` you want to know where the drug is going in
` the body so that it goes to making sure
` that that drug and that structure of the
` molecule goes to the place

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket