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`
` UNITED STATES PATENT AND TRADEMARK OFFICE
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
` ------------------------------------x
` AMERIGEN PHARMACEUTICALS LIMITED AND
` ARGENTUM PHARMACEUTICALS, LLC,
`
` Petitioners,
`
` vs.
`
` JANSSEN ONCOLOGY, INC.,
`
` Patent Owner.
`
` Case IPR2016-00286
` Patent No. 8,822,438 B2
` ------------------------------------x
`
` DEPOSITION OF GERALD CHODAK, M.D.
`
` New York, New York
`
` Wednesday, November 30, 2016
`
` 9:01 a.m.
`
`Reported by:
`
`Jennifer Ocampo-Guzman, CRR, CLR
`
`JOB NO. 17600
`
`Amerigen Exhibit 1148
`Amerigen v. Janssen IPR2016-00286
`
`TransPerfect Legal Solutions
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`
`
` UNITED STATES PATENT AND TRADEMARK OFFICE
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
` ------------------------------------x
` AMERIGEN PHARMACEUTICALS LIMITED AND
` ARGENTUM PHARMACEUTICALS, LLC,
`
` Petitioners,
`
` vs.
`
` JANSSEN ONCOLOGY, INC.,
`
` Patent Owner.
`
` Case IPR2016-00286
` Patent No. 8,822,438 B2
` ------------------------------------x
`
` DEPOSITION OF GERALD CHODAK, M.D.
`
` New York, New York
`
` Wednesday, November 30, 2016
`
` 9:01 a.m.
`
`Reported by:
`
`Jennifer Ocampo-Guzman, CRR, CLR
`
`JOB NO. 17600
`
`Amerigen Exhibit 1148
`Amerigen v. Janssen IPR2016-00286
`
`TransPerfect Legal Solutions
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`
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`Page 2
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` November 30, 2016
`
` 9:01 a.m.
`
` Deposition of
`
` GERALD CHODAK, M.D., held at the
`
` offices of Sidley Austin LLP, 787
`
` Seventh Avenue, New York, New York,
`
` pursuant to notice, before Jennifer
`
` Ocampo-Guzman, a Certified Real-Time
`
` Shorthand Reporter and Notary Public of
`
` the State of New York.
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`A P P E A R A N C E S:
`
` MCNEELY, HARE & WAR LLP
`
` Attorneys for Petitioner
`
` 12 Roszel Road, Suite C104
`
` Princeton, New Jersey 08540
`
` (347) 400-1154
`
` BY: WILLIAM D. HARE, ESQ.
`
` bill@miplaw.com
`
` GABRIELA MATERASSI, ESQ.
`
` materassi@miplaw.com
`
` SIDLEY AUSTIN LLP
`
` Attorneys for Patent Owner
`
` 787 Seventh Avenue
`
` New York, New York 10019
`
` (212) 839-5300
`
` BY: ALYSSA B. MONSEN, ESQ.
`
` amonsen@sidley.com
`
` BINDU DONOVAN, ESQ.
`
` bdonovan@sidley.com
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`APPEARANCES (Continued):
`
` FINNEGAN HENDERSON FARABOW GARRETT &
`
` DUNNER LLP
`
` Attorneys for BTG
`
` 16 Old Bailey
`
` London EC4M 7EG
`
` United Kingdom
`
` +44 (0)20 7864 2800
`
` BY: ANTHONY C. TRIDICO, Ph.D.
`
` anthony.tridico@finnegan.com
`
`ALSO PRESENT:
`
` TIM TRACY (Johnson & Johnson)
`
` TONY DOLAN (BTG)
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`G E R A L D C H O D A K, M. D., called
`
`as a witness, having been duly sworn, was
`
`examined and testified as follows:
`
`EXAMINATION BY
`
`MR. HARE:
`
` Q. Dr. Chodak, my name is Bill Hare,
`
` and I represent the petitioner Amerigen
`
` Pharmaceuticals Limited in this IPR
`
` proceeding. Do you understand why you are
`
` here today?
`
` A. I do.
`
` Q. Okay. I would like to hand to you
`
` your notice of deposition.
`
` (AMG Exhibit 1076, Petitioners'
`
` Notice of Deposition of Gerald Walter
`
` Chodak, M.D., marked for identification,
`
` this date.)
`
` Q. Can you please take a look at this
`
` document and confirm that it's the deposition
`
` notice for today's proceeding?
`
` A. Okay, yes.
`
` Q. Okay.
`
` MS. MONSEN: Counsel, before we
`
` begin, I just want to note that Dr.
`
` Chodak has a copy of his declaration
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` already with him.
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` MR. HARE: Okay.
`
` MS. MONSEN: Previously marked as
`
` Janssen Exhibit 2042.
`
` MR. HARE: Okay. I would like to
`
` now hand you the patent in this
`
` proceeding that's been previously marked
`
` as Amerigen 1001.
`
` Q. Do you recognize this document?
`
` A. Yes.
`
` Q. It's the U.S. Patent number
`
` 8,22,438 patent at issue in this proceeding?
`
` A. Yes.
`
` Q. And does this appear to be the, a
`
` correct copy of the patent from reviewing it
`
` in the past?
`
` A. Well, I actually haven't reviewed
`
` the patent.
`
` Q. Okay. But this is the patent at
`
` issue in the proceeding, correct?
`
` A. If you tell me it is.
`
` Q. Okay. So if I reference this
`
` patent I would just like to refer to the last
`
` three numbers, the '438 patent, will you
`
` understand it to be this document?
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` A. I think so.
`
` Q. Amerigen Exhibit 1001, okay.
`
` MR. HARE: So I now would like to
`
` hand out a copy of the declaration in
`
` this proceeding. It's Janssen
`
` Exhibit 2042, but you already have a
`
` copy.
`
` Do you have any notes in that?
`
` THE WITNESS: No.
`
` MR. HARE: So let me give you guys
`
` a couple copies.
`
` Q. And is it -- do you want to -- I
`
` guess just make sure it's the same one that
`
` we're all looking at, is it the same one that
`
` your counsel has?
`
` A. Okay.
`
` Q. And that's your signature on the
`
` back page or the last page of text?
`
` A. Yes.
`
` Q. Okay. So first I would like to go
`
` over some of what we call the ground rules of
`
` a deposition, if you don't mind.
`
` So first, you know, please ask me
`
` if anything that I explain to you is unclear,
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` so don't hesitate to ask. Do you understand
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` that when you answer my questions, your
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` answer must be complete and truthful because
`
` you are under oath?
`
` A. Yes.
`
` Q. Okay. Do you understand that you
`
` are to respond to my questions regardless of
`
` your counsel's stated objection, unless your
`
` counsel expressly instructs you not to answer
`
` the question?
`
` A. Yes.
`
` Q. Okay. And if for any reason you
`
` don't understand a question, do you
`
` understand that you should raise that issue,
`
` the lack of understanding to that question,
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` before answering that question?
`
` A. Yes.
`
` Q. Okay. And if you need to take a
`
` break, please let me know. This is not a
`
` marathon, but I would strongly prefer that if
`
` you want to take a break, you take it, if
`
` it's in the middle of a question, you wait
`
` until you answer the question before taking
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` the break.
`
` Is there anything unclear in what I
`
` just said?
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` A. Not yet.
`
` Q. I'm sure that will come with time.
`
` A. Yes.
`
` Q. All right. Will you please state
`
` your full name for the record?
`
` A. Gerald Walter Chodak.
`
` Q. And would you please state your
`
` full residential address for the record?
`
` A. 2901 South Ocean Boulevard,
`
` apartment 601, Highland Beach, Florida 33487.
`
` Q. And can you tell me if you are on
`
` any medication today that might affect your
`
` testimony?
`
` A. None.
`
` Q. Are you suffering from any malady
`
` that might affect your testimony today?
`
` A. None.
`
` Q. Do you understand that you are not
`
` to confer or consult with your counsel
`
` regarding any questions that I ask or any of
`
` your response to questions that I ask during
`
` the break?
`
` A. I understand, yes.
`
` Q. And am I correct that you are here
`
` today on behalf of Janssen Oncology Inc.,
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` Johnson & Johnson, and BTG International
`
` Limited?
`
` A. Yes.
`
` Q. Can we use the shorthand "Janssen"
`
` when referring to the patent owner in this
`
` case?
`
` A. Sure.
`
` Q. Okay. When were you first
`
` approached by counsel regarding
`
` representation of Janssen in this matter?
`
` A. I think it was over the summer.
`
` Q. Over the summer. And are you being
`
` compensated for your testimony in this
`
` proceeding?
`
` A. Yes.
`
` Q. Can you go over your compensation
`
` and how it works?
`
` A. My compensation is $325 an hour.
`
` Q. Okay. Do you get anything if your
`
` law firm is successful?
`
` A. No.
`
` Q. Did you do anything to prepare for
`
` today's deposition?
`
` A. Yes.
`
` Q. Can you explain what you did?
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` MS. MONSEN: Objection.
`
` Attorney/client privilege. I caution
`
` the witness not to reveal any
`
` attorney/client privileged
`
` communications.
`
` Q. So without reviewing any
`
` attorney/client privileged communications,
`
` can you please describe what you did to
`
` prepare for today's deposition?
`
` A. I read a number of papers.
`
` Q. Papers, okay.
`
` And can you give me an idea about
`
` how many papers you read?
`
` A. Well, I suppose over the course of
`
` my review, maybe ten.
`
` Q. And were those articles?
`
` A. Some.
`
` Q. Were they also, were any of them
`
` declarations of Janssen witnesses?
`
` A. No.
`
` Q. Were they the declarations of the
`
` Amerigen witnesses?
`
` A. No.
`
` Q. Okay. So approximately how much
`
` time did you spend preparing for your
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`
` A. Probably, well, it could be 20,
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` 25 hours.
`
` Q. Twenty, 25 hours, okay.
`
` And how much of that time did you
`
` spend with your counsel?
`
` A. About eight.
`
` Q. Okay. And did you speak or consult
`
` with anyone at Janssen during the course of
`
` your preparation for today's deposition?
`
` A. No.
`
` Q. What about, did you speak or
`
` consult with anyone at Johnson & Johnson in
`
` preparation for today's deposition?
`
` A. No.
`
` Q. Same question, did you speak or
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` consult with anyone at BTG?
`
` A. Excuse me. When you say at, you
`
` mean contact someone from the home offices?
`
` Q. Yes, or -- yes.
`
` A. No.
`
` Q. And no one at BTG also?
`
` A. No.
`
` Q. Okay. Did you speak or consult
`
` with anyone else during the course of
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` preparation for today's deposition?
`
` A. No.
`
` Q. Did you speak then with Dr. Gerber
`
` about this deposition?
`
` A. No.
`
` Q. What about your declaration, did
`
` you speak to Mr. Gerber?
`
` A. No.
`
` Q. So referring now to your
`
` declaration, Janssen Exhibit 2042, about how
`
` much time did you spend preparing that
`
` declaration?
`
` A. Oh, I don't remember. Maybe a few
`
` hours.
`
` Q. Between, can you give me an
`
` estimate of a range, between five and ten?
`
` A. Oh, I said about maybe two hours.
`
` Q. Oh, two. I thought I heard a few.
`
` Just two hours to prepare, okay.
`
` Did you conduct your own literature
`
` search for the articles that you cite in your
`
` declaration?
`
` A. No.
`
` Q. Did your counsel provide you with
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` the articles that you cited in your
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` declaration?
`
` A. Yes.
`
` Q. Did they provide you all of the
`
` articles that you cited in your declaration?
`
` MS. MONSEN: Objection.
`
` A. When you say provided, you mean
`
` what? Did they give me a copy of them?
`
` Q. Were you aware of articles before
`
` they came into your possession --
`
` A. Some of them.
`
` Q. -- from counsel? Okay.
`
` And did you review documents in
`
` preparation for this deposition?
`
` MS. MONSEN: Objection, form.
`
` A. What kind of documents?
`
` Q. Articles?
`
` A. We already established that.
`
` Q. Okay. That you did review -- can
`
` you give me the number again? Was it
`
` approximately five articles or a few?
`
` A. I thought I said ten. I don't
`
` remember. We can ask.
`
` Q. Okay. Sorry. Okay.
`
` Did you review the deposition
`
` testimony of Dr. Scott Serels?
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` A. No.
`
` Q. No? Did you review the declaration
`
` of Dr. Serels?
`
` A. No.
`
` Q. Did you review -- do you know who
`
` Scott Serels is in this case?
`
` A. No.
`
` Q. Is it --
`
` MS. MONSEN: I'm sorry. Objection
`
` to form.
`
` Q. Is it fair to say that you didn't
`
` review the references a cited in his
`
` declaration?
`
` MS. MONSEN: Objection, form.
`
` A. I don't know when what references
`
` are in his declaration.
`
` Q. Okay. Is it also fair to state
`
` that you didn't review Dr. Deforest McDuff's
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` declaration in this case?
`
` A. Who?
`
` Q. Dr. Deforest McDuff?
`
` A. I haven't heard that name.
`
` Q. Did you review any of the
`
` references you cite in your declaration,
`
` Janssen Exhibit 2042?
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` MS. MONSEN: Objection, form.
`
` A. If you want to be specific?
`
` MS. MONSEN: If you would just
`
` allow me --
`
` THE WITNESS: Yes, sorry.
`
` MS. MONSEN: Thank you.
`
` A. Can you specifically identify which
`
` ones you're referring to?
`
` Q. At the end of your declaration,
`
` there is an appendix A with about ten or
`
` eleven references.
`
` Did you review these in preparation
`
` or in the process of preparing your
`
` declaration?
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` MS. MONSEN: Objection, form.
`
` A. Not really. Not review them in
`
` detail.
`
` Q. Okay. Did you review them for
`
` today's, in preparation for today's
`
` deposition?
`
` MS. MONSEN: Objection, form. And
`
` I caution the witness to not answer that
`
` question on the basis of attorney/client
`
` privilege and work product.
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` MR. HARE: So I'm just asking if
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` you reviewed these articles for, in
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` preparation for today's deposition.
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` MS. MONSEN: And I'm objecting that
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` the content of his preparation for
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` today's deposition is privileged and
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` under the attorney/client privilege and
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` work product.
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` MR. HARE: So all of the
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` preparation he did for today's
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` declaration is privileged?
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` MS. MONSEN: If you would like to
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` ask a better question, the preparation
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` he did with counsel is attorney/client
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` privileged.
`
` Q. What about the preparation you did
`
` on your own, did you review these articles?
`
` A. No.
`
` Q. So is it fair to say you only
`
` reviewed these articles with your counsel?
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` MS. MONSEN: Again, attorney/client
`
` privilege. I'm going to instruct him
`
` not to answer.
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` MR. HARE: I think he should be
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` able to answer this question.
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` MS. MONSEN: Again, if you would
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` like to rephrase it, the content of our
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` discussions in preparation for this
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` deposition with counsel is privileged
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` under the attorney/client privilege and
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` work product.
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` Q. Without telling me the content of
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` your discussions with counsel, can you tell
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` me whether you reviewed these articles in the
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` presence of your counsel?
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` MS. MONSEN: Again, attorney/client
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` privilege. I'm going to instruct the
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` witness not to answer for the same
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` reasons I've articulated already.
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` MR. HARE: We will move on, but we
`
` disagree with your position.
`
` Let's see.
`
` Q. So is it fair to say that the
`
` documents in appendix A are the only
`
` references, the only documents that you
`
` reviewed in preparation for today's
`
` deposition?
`
` MS. MONSEN: Again, objection,
`
` attorney/client privilege. I'm going to
`
` instruct the witness not to answer.
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` MR. HARE: I don't understand how
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` that is attorney/client privilege. I'm
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` just asking which documents he reviewed,
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` if these are the only documents he
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` reviewed in preparation for today's
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` deposition.
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` MS. MONSEN: Again, if you would
`
` like to rephrase the question. But I'm
`
` going to maintain that any documents
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` that he reviewed with counsel in
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` preparation for today's deposition is
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` attorney/client privileged and work
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` product.
`
` If you would like to ask about the
`
` preparation -- strike that.
`
` MR. HARE: Well, we will move on.
`
` We disagree with your position on this
`
` but we will move on.
`
` Q. Dr. Chodak, have you ever been
`
` deposed before?
`
` A. Yes.
`
` Q. In what type of case were you
`
` deposed?
`
` A. Medical malpractice.
`
` Q. Approximately how many cases?
`
` A. For depositions?
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` Q. Yes.
`
` A. An estimate might be a dozen.
`
` That's an estimate.
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` Q. Did these cases relate to prostate
`
` cancer?
`
` A. Most of them.
`
` Q. Have you ever testified at a trial
`
` before?
`
` A. Yes.
`
` Q. And what was the nature of the
`
` cases that you've testified in at trial?
`
` A. I can't remember the details
`
` specifically.
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` Q. Were they medical malpractice again
`
` then?
`
` A. Yes.
`
` Q. Is it fair to say you have never
`
` been involved in a patent case in either at a
`
` deposition or at trial?
`
` A. Yes.
`
` MS. MONSEN: Objection to form.
`
` Q. Do you mind going over your
`
` educational background for us?
`
` A. Okay.
`
` Q. Maybe start with college, medical
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` school and your residencies.
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` A. If I may review just the dating of
`
` things.
`
` Q. Okay.
`
` A. Okay. So I went to University of
`
` Rochester from 1965 to 1969. After that I
`
` did a master's degree at the State University
`
` of Buffalo.
`
` Q. And what was your subject, that you
`
` studied?
`
` A. Immunochemistry.
`
` Q. Immunochemistry.
`
` A. I received a master's degree, went
`
` to medical school, graduated from the
`
` University of Buffalo in 1975. Thereafter --
`
` you want me to continue beyond that for
`
` further education?
`
` Q. Your residencies?
`
` A. So then residency started for a
`
` year in Buffalo, a year at UCLA, two years at
`
` Harvard, two years at University of Chicago,
`
` and then a fellowship between University of
`
` Chicago and Harvard.
`
` Q. So these residencies and the
`
` fellowship, can you describe briefly what the
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` fellowship ran, for example, were they all
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` urology or prostate cancer?
`
` A. So the first year of internship is
`
` in general surgery. The second year was in
`
` general surgery. The third year was in
`
` urology. The fourth year was in research.
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` The fifth and sixth years were in urology.
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` The seventh and eighth years were research in
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` and related to urology.
`
` Q. When you say "urology," would that
`
` have included prostate cancer?
`
` A. The research or --
`
` MS. MONSEN: Objection to form.
`
` THE WITNESS: Sorry.
`
` A. Clarify what you mean, which point
`
` in time?
`
` Q. Well, work backwards. So the
`
` fellowship I believe was the last period that
`
` you mentioned.
`
` A. Yes.
`
` Q. And that was urology?
`
` A. Yes.
`
` Q. And was that related to prostate
`
` cancer?
`
` A. And bladder cancer.
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` Q. And bladder cancer, and the
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` residency before that? I don't remember
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` where that was, I think University of
`
` Chicago?
`
` A. University of Chicago was urology.
`
` Q. And did that also involve prostate
`
` cancer?
`
` A. Of course.
`
` Q. And bladder cancer also?
`
` A. Every aspect of urology.
`
` Q. Okay. Turning back to Amerigen
`
` Exhibit 1001, the '438 patent, am I correct
`
` that Arie Belldegrum and Alan Auerbach are
`
` listed as the two inventors of this patent?
`
` A. That was outside my review so I
`
` really did not spend any time looking at
`
` that.
`
` Q. Do you have the patent in front of
`
` you?
`
` A. I do.
`
` Q. Do you see where the inventors are
`
` listed on the left-hand column towards the
`
` top?
`
` MS. MONSEN: Objection, outside the
`
` scope of his direct testimony.
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` You may answer.
`
` THE WITNESS: Sorry.
`
` MS. MONSEN: You may answer.
`
` A. Do I see their names, yes.
`
` Q. Do you know either of these
`
` inventors?
`
` A. I know Dr. Belldegrum.
`
` Q. Had you ever collaborated
`
` professionally with either of the inventors
`
` of the '438 patent?
`
` MS. MONSEN: Objection to form.
`
` A. What do you mean, collaborate?
`
` Q. Maybe a clinical, perhaps working
`
` on a clinical study with them?
`
` A. That's possible but I can't
`
` remember.
`
` Q. Okay. Have you --
`
` A. It's possible that we both
`
` participated in a study, but I didn't work
`
` directly with him in any way.
`
` Q. Okay. And have you ever
`
` participated as an investigator in a clinical
`
` study or a clinical trial?
`
` A. Any kind of clinical trial?
`
` Q. Yes.
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` A. Yes.
`
` Q. Approximately how many?
`
` A. During my career, clinical trials,
`
` perhaps -- well, let me ask you to clarify.
`
` Are you talking about studies sponsored by
`
` companies? Or you're asking me about
`
` investigations I did on my own? What are you
`
` asking me?
`
` Q. Well, we could divide that up.
`
` So what about clinical studies
`
` sponsored by a company, a pharmaceutical
`
` company, a medical device company, for
`
` example?
`
` A. So perhaps in the range of 20, but
`
` I can't be exactly sure.
`
` Q. Could you divide them up between
`
` medical devices and pharmaceuticals?
`
` MS. MONSEN: Objection, form.
`
` A. Well, more of them would have been
`
` pharmaceuticals, but there were several in,
`
` in technical things.
`
` Q. Okay. What about the
`
` investigations that you led yourself or that
`
` you've been involved in yourself, can you
`
` estimate how many of those you've worked on?
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` MS. MONSEN: Objection, form.
`
` A. Well, I have an extensive
`
` publication list, and many of those
`
` publications are related to work that was
`
` some kind of clinical report, not necessarily
`
` a study, but clinical report.
`
` Q. For example, a retrospective study?
`
` A. Yes.
`
` Q. Have the clinical studies and
`
` clinical trials and investigations that
`
` you've worked on been primarily directed
`
` towards prostate cancer?
`
` A. The majority, yes.
`
` Q. Do you still do any clinical
`
` research?
`
` A. No.
`
` Q. Are you practicing any more?
`
` A. I do consultations through the
`
` internet.
`
` Q. Okay.
`
` So it's fair to say that you
`
` treated patients with the prostate cancer,
`
` correct?
`
` A. Yes.
`
` Q. And approximately how long have you
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` treated patients with the prostate cancer?
`
` A. I started practicing in 1982. I
`
` was treating patients obviously as a
`
` resident. I stopped my clinical practice in
`
` my office in 2008, and as I said, I still do
`
` some consultations.
`
` Q. And is treating patients with
`
` prostate cancer --
`
` MR. HARE: Well, let me rephrase
`
` that.
`
` Q. Was treating patients with prostate
`
` cancer the majority of your practice?
`
` A. Yes.
`
` Q. And have you treated patients with
`
` metastatic castration-resistant prostate
`
` cancer?
`
` A. Yes.
`
` Q. Have you ever prescribed
`
` abiraterone acetate to a patient with
`
` prostate cancer?
`
` A. No.
`
` Q. Have you ever prescribed docetaxel
`
` to a patient with prostate cancer?
`
` A. No.
`
` Q. What about cabazitaxel?
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` A. No.
`
` Q. Okay. Have you ever prescribed
`
` ketoconazole to a patient with prostate
`
` cancer?
`
` A. Yes.
`
` Q. And have ever prescribed
`
` ketoconazole in combination with a
`
` corticosteroid to a patient with prostate
`
` cancer?
`
` A. Yes. Prednisone.
`
` Q. Okay. Approximately how many
`
` patients have you prescribed ketoconazole to
`
` a patient with prostate cancer that is?
`
` MS. MONSEN: Objection, form.
`
` A. I can't answer that exactly. There
`
` have been two papers I have been coauthored
`
` on, and I think the latter paper had about
`
` 30-some-odd patients. More likely than not,
`
` there were more patients during the course of
`
` my career.
`
` Q. Okay.
`
` Did you ever prescribe ketoconazole
`
` to a patient with prostate cancer without
`
` also prescribing prednisone or a
`
` corticosteroid to the patient?
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` A. We already gave prednisone for fear
`
` of adrenal insufficiency.
`
` Q. Did you ever prescribe a different
`
` corticosteroid --
`
` A. Other than -- I'm sorry.
`
` Q. Did you ever prescribe a different
`
` corticosteroid other than prednisone?
`
` A. I don't believe so.
`
` Q. Okay.
`
` THE WITNESS: We're done? Just
`
` kidding.
`
` MR. HARE: It's good to have a
`
` sense of human in these.
`
` What time do you fly out today?
`
` You will make your flight, I'm sure.
`
` THE WITNESS: I'm sure I will.
`
` I think it's 11:00.
`
` MR. HARE: Okay. We will go really
`
` fast then.
`
` Your hands are going to be
`
` exhausted by the end of this, Jennifer.
`
` I would like to hand you a document
`
` marked as Amerigen Exhibit 1004, already
`
` previously marked.
`
` Q. This is an article titled,
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` "Prostate Specific Antigen For Assessing
`
` Response to Ketoconazole and Prednisone in
`
` Patients With Hormone Refractory Metastatic
`
` Prostate Cancer." It's published in the
`
` Journal of Urology in 1990.
`
` Do you recognize this article?
`
` A. I do.
`
` Q. And what is it?
`
` A. It's an article that I published
`
` with Dr. Gerber.
`
` Q. And you and Dr. Gerber are listed
`
` as the only two authors of this article,
`
` correct?
`
` A. Yes.
`
` Q. Is there anyone else you believe
`
` should have been included as an author on
`
` this article?
`
` A. No.
`
` Q. And who is Dr. Glenn Gerber?
`
` A. He was a resident in our program at
`
` the University of Chicago.
`
` Q. So in a residency program is a
`
` resident assigned to one physician?
`
` A. No.
`
` Q. Okay. So did Dr. Gerber propose
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` this study or did you propose this study?
`
` A. I did.
`
` MS. MONSEN: Objection, form.
`
` Q. You proposed this study. Okay.
`
` And did you prepare this article
`
` with Dr. Gerber?
`
` A. Yes.
`
` Q. Were you the principal author on
`
` this article?
`
` A. Yes.
`
` Q. Did you review this article before
`
` it was submitted for publication?
`
` A. Yes.
`
` Q. And did Dr. Gerber review this
`
` article before it was submitted for
`
` publication?
`
` MS. MONSEN: Objection, form.
`
` A. Yes.
`
` Q. And did you make any changes to
`
` this article before it was submitted for
`
` publication?
`
` A. Multiple.
`
` Q. Multiple changes.
`
` Do you disagree --
`
` MR. HARE: Sorry, strike that.
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
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` Q. Did you disagree with anything in
`
` this article before it went out for
`
` publication?
`
` MS. MONSEN: Objection.
`
` A. Can you be specific or are you
`
` asking in general?
`
` Q. Just in general, when you sent the
`
` article to the Journal of --
`
` A. Urology.
`
` Q. -- Urology, did you disagree with
`
` anything in the article when you sent it to
`
` them?
`
` A. No.
`
` MS. MONSEN: Objection, form.
`
` THE WITNESS: I'm too fast. Sorry.
`
` MS. MONSEN: Give me a minute to
`
` object.
`
` MR. HARE: Wish I could help by
`
` going like that to pause.
`
` THE WITNESS: I will count to
`
` three.
`
` MR. HARE: That's the way to do it.
`
` Q. I would like to point your
`
` attention to the first paragraph of the
`
` article. Do you see that first paragraph?
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
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` A. I do.
`
` Q. It starts with "Ketoconazole was
`
` originally developed as an antifungal agent."
`
` Is it correct that the first paragraph of
`
` this article summarizes the literature
`
` reporting the use of ketoconazole to treat
`
` prostate cancer?
`
` MS. MONSEN: Objection, form.
`
` A. I'm sorry. Can you explain that?
`
` Q. Yeah.
`
` Would you -- is it correct to say
`
` that the first paragraph of this article
`
` summarized the, summarizes the literature?
`
` MS. MONSEN: Objection, form.
`
` A. That's too broad.
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