`
`Civil Action
`
`IN THE UNITED STATES DISTRICT COURT
`IN AND FOR THE DISTRICT OF DELAWARE
`- - -
`SALIX PHARMACEUTICALS, INC. and )
`DR. FALK PHARMA GmbH,
`Plaintiffs,
`
`))
`
`No. 14-213-GMS
`
`)
`- - -
`Wilmington, Delaware
`Monday, November 16, 2015
`9:00 a.m.
`Trial Day 1
`- - -
`BEFORE: HONORABLE GREGORY M. SLEET, U.S.D.C.J.
`APPEARANCES:
`MARY W. BOURKE, ESQ.,
`DANA KATHRYN SEVERANCE, ESQ.,
`DANIEL ATTAWAY, ESQ., and
`KRISTEN HEALEY CRAMER, ESQ.
`Womble Carlyle Sandridge & Rice, LLP
`-and-
`TRYN T. STIMART, ESQ.
`Womble Carlyle Sandridge & Rice, LLP
`(Tysons Corner, VA)
`Counsel for Plaintiffs
`
`))
`
`))
`
`))
`
`v.
`NOVEL LABORATORIES, INC.,
`Defendant.
`
`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
`
`08:44:07
`
`Dr. Falk Ex. 2023
`GeneriCo v. Dr. Falk IPR2016-00297
`Page 1
`
`
`
`34
`
`founders of Salix Pharmaceuticals.
`THE COURT: Dr. Johnson, please come on up.
`... LORIN KEITH JOHNSON, having been duly sworn
`as a witness, was examined and testified as follows ...
`THE COURT: Good morning, Doctor.
`MS. BOURKE: Your Honor, may I approach with the
`
`exhibits?
`
`you.
`
`THE COURT: Mr. Buckson will take those from
`
`DIRECT EXAMINATION
`
`BY MS. BOURKE:
`Good morning, Doctor.
`Q.
`Could you please introduce yourself to the
`
`Court?
`A.
`
`Good morning, Your Honor.
`THE COURT: You can focus on Ms. Bourke. Don't
`feel that you are ignoring me.
`THE WITNESS: Good morning, Your Honor. I am
`Dr. Lorin Johnson.
`BY MS. BOURKE:
`Could you briefly describe your educational background
`Q.
`for the Court?
`Yes. I received my Ph.D. in molecular biology from
`A.
`the University of Southern California in 1976. I spent a
`four-year postdoctoral period at the University of
`
`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
`
`09:48:57
`
`09:48:59
`
`09:49:05
`
`09:49:23
`
`09:49:35
`
`09:49:38
`
`09:49:40
`
`09:49:40
`
`09:49:40
`
`09:50:34
`
`09:50:34
`
`09:50:34
`
`09:50:36
`
`09:50:37
`
`09:50:38
`
`09:50:39
`
`09:50:43
`
`09:50:43
`
`09:50:45
`
`09:50:46
`
`09:50:46
`
`09:50:50
`
`09:50:50
`
`09:50:54
`
`09:50:59
`
`Dr. Falk Ex. 2023
`GeneriCo v. Dr. Falk IPR2016-00297
`Page 2
`
`
`
`49
`
`Johnson - direct
`California Biotechnology.
`A.
`If you turn to PTX-885-6 of that document, please. If
`Q.
`you look at the proposed indication there. Do you see that,
`Doctor?
`Yes.
`A.
`And what the typical proposed indication at this point
`Q.
`in time?
`The proposed indication for mesalamine pellets is for
`A.
`the maintenance of remission of ulcerative colitis.
`What was the change in thinking that occurred from
`Q.
`November 2002 to July 2003?
`So, as I stated before, our original intent was to
`A.
`develop the product for active disease, and test twice a day
`versus once a day treatment.
`We actually, in reviewing the information and
`considering the program in more detail, determined that we
`might have a greater possibility of success by focus on the
`maintenance of remission. That is because in active disease
`there is a lot of transit going through the colon. Patients
`can have ten to 12 bowel movements per day. It was our
`concern that a single dose might not be resident in the
`colon for a long enough period of time, whereas in
`maintenance of remission, the symptoms have been brought
`under control and there is generally a normal stool
`frequency.
`
`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
`
`09:51:29
`
`10:14:21
`
`10:14:35
`
`10:14:36
`
`10:14:37
`
`10:14:38
`
`10:14:41
`
`10:14:41
`
`10:14:45
`
`10:14:47
`
`10:14:51
`
`10:14:56
`
`10:15:02
`
`10:15:09
`
`10:15:13
`
`10:15:17
`
`10:15:22
`
`10:15:29
`
`10:15:35
`
`10:15:40
`
`10:15:47
`
`10:15:52
`
`10:15:56
`
`10:15:58
`
`10:16:02
`
`Dr. Falk Ex. 2023
`GeneriCo v. Dr. Falk IPR2016-00297
`Page 3
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
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.
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.
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
