HIGHLY CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER
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` 1 IN THE UNITED STATES DISTRICT COURT
` FOR THE DISTRICT OF NEW JERSEY
` 2
` - - -
` 3
` JANSSEN PHARMACEUTICALS, INC.,:
` 4 and GRUNENTHAL GMBH,
` :
` :
` 5 Plaintiffs/Counterclaim :
` Defendants, : CIVIL ACTION NO.
` 6 : 2:13-cv-04507 CCC-MF
` :
` 7 V. :
` :
` 8 ACTAVIS ELIZABETH LLC and :
` ALKEM LABORATORIES LIMITED, :
` 9 :
` Defendants/Counterclaim :
`10 Plaintiffs. :
` ______________________________:
`11 :
` JANSSEN PHARMACEUTICALS, INC.,:
`12 and GRUNENTHAL GMBH,
` :
` :
`13 Plaintiffs/Counterclaim :
` Defendants, : CIVIL ACTION NO.
`14 : 2:13-cv-06929 CCC-MF
` :
`15 V. :
` :
`16 ROXANE LABORATORIES, INC., :
` :
`17 Defendants/Counterclaim :
` Plaintiffs. :
`18 ______________________________:
`19 * HIGHLY CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER *
`20 VIDEO DEPOSITION of MARITA MUELLER held at
` the law offices of Finnegan Henderson Farabow Garrett
`21 & Dunner, LLP, 901 New York Avenue, N.W., Washington,
` D.C., on Friday, April 10, 2015, commencing at 8:50
`22 a.m., taken before RYAN K. BLACK, RPR, CLR and Notary
` Public in and for the District of Columbia.
`23
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`Page 1 of 176
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`Grunenthal GmbH Exhibit 2016
`Rosellini v. Grunenthal GmbH
`IPR2016-00471
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` 1 JANSSEN PHARMACEUTICALS, INC.,:
` and GRUNENTHAL GMBH,
` :
` 2 :
` Plaintiffs/Counterclaim :
` 3 Defendants, : CIVIL ACTION NO.
` : 2:13-cv-07803 CCC-MF
` 4 :
` V. :
` 5 :
` ALKEM LABORATORIES LIMITED, :
` 6 :
` Defendants/Counterclaim :
` 7 Plaintiffs. :
` ______________________________:
` 8 :
` JANSSEN PHARMACEUTICALS, INC.,:
` 9 and GRUNENTHAL GMBH,
` :
` :
`10 Plaintiffs/Counterclaim :
` Defendants, : CIVIL ACTION NO.
`11 : 2:13-cv-03941 CCC-MF
` :
`12 V. :
` :
`13 ROXANE LABORATORIES, INC., :
` :
`14 Defendants/Counterclaim :
` Plaintiffs. :
`15 ______________________________:
` :
`16 JANSSEN PHARMACEUTICALS, INC.,:
` and GRUNENTHAL GMBH,
` :
`17 :
` Plaintiffs/Counterclaim :
`18 Defendants, : CIVIL ACTION NO.
` : 2:13-cv-03941 CCC-MF
`19 :
` V. :
`20 :
` WATSON LABORATORIES, INC., :
`21 :
` Defendants/Counterclaim :
`22 Plaintiffs. :
` ______________________________:
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`Page 3
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` A P P E A R A N C E S:
`
` SIDLEY AUSTIN LLP
` BY: TODD L. KRAUSE, ESQUIRE
` tkrause@sidley.com
` 787 Seventh Avenue
` New York, New York 10019
` 212.839.5696
` Counsel for Janssen Pharmaceticals, Inc.
`
` FINNEGAN HENDERSON FARABOW GARRETT & DUNNER, LLP
` BY: KRISTA E. BIANCO, ESQUIRE
` krista.bianco@finnegan.com
` 901 New York Avenue, N.W.
` Washington, D.C. 20001
` 202.408.4000
` Counsel for Grunenthal GmbH
`
` LATHAM & WATKINS LLP
` BY: ALEXANDER E. LONG, ESQUIRE
` alexander.long@lw.com
` 12670 High Bluff Drive
` San Diego, California 92130
` 858.523.3942
` Counsel for Roxane Laboratories
`
` DUANE MORRIS LLP
` BY: PATRICK GALLAGHER, Ph.D.
` pcgallagher@duanemorris.com
` (via teleconference)
` 190 LaSalle Street
` Chicago, Illinois 60603
` Counsel for Actavis Elizabeth LLC and
` Watson Laboratories, Inc.
`
` ALSO PRESENT:
`
` PETRA GEHRUNG, Interpreter
` LILY OLM, Interpreter
` WILL BREWSTER, Videographer
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`

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`HIGHLY CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER
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` I N D E X
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` WITNESS: MARITA MUELLER
`
` EXAMINATION PAGE
`
` BY MR. LONG 10, 163
`
` BY MS. BIANCO 158
`
` - - -
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` E X H I B I T S
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` DEFENDANT'S
`
` EXHIBIT NO. DESCRIPTION PAGE
`
`Exhibit 46 Ms. Mueller's Lab Notebook, Bates
`
` Numbered GRT-NUC00110737 through 844...43
`
`Exhibit 47 a partial translation of Ms. Mueller's
`
` Lab Notebook, Bates Numbered
`
` GRT-NUC00110737 through 11804_T........43
`
`Exhibit 48 a document bearing Bates Numbers
`
` GRT-NUC00021278 through 21293..........53
`
`Exhibit 48-T a certified translation of
`
` Exhibit Number 48......................54
`
`Exhibit 49 a document bearing Bates Numbers
`
` GRT-NUC00163886 through 896............95
`
`Exhibit 50 a lab notebook excerpt bearing Bates
`
` Numbers GRT-NUC00074243 through 250...125
`
`Exhibit 50-T the certified translation of
`
` Exhibit 50, as provided by plaintiff's
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` counsel...............................125
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` E X H I B I T S (Cont'd)
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` DEFENDANT'S
`
` EXHIBIT NO. DESCRIPTION PAGE
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` Exhibit 51 a series of notebook entries bearing
`
` Bates Numbers GRT-NUC00056648 through
`
` 56658.................................125
`
` Exhibit 51-T the certified translation of Exhibit 51,
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` as provided by plaintiff's counsel....125
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` MUELLER
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` EXHIBIT NO. DESCRIPTION PAGE
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`Exhibit 1 the NMR spectra regarding GB-Bu
`
` 322-1-1-1............................160
`
`Exhibit 2 a document Bates Numbered
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` GRT-NUC00205082 through 83...........162
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`Page 6
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` D E P O S I T I O N S U P P O R T I N D E X
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` D I R E C T I O N T O W I T N E S S N O T T O A N S W E R
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` P a g e L i n e
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` 3 2 7
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` R E Q U E S T F O R P R O D U C T I O N O F D O C U M E N T S
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` P a g e L i n e D e s c r i p t i o n
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` ( n o n e )
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` S T I P U L A T I O N S
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` P a g e L i n e
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` ( n o n e )
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` Q U E S T I O N S M A R K E D
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` P a g e L i n e
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` ( n o n e )
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` THE VIDEOGRAPHER: Okay. We are now
`
` on the record. Please note that the microphones
`
` are sensitive and may pick up whispering and
`
` private conversations. Please turn off all cell
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` phones, or place them away from the microphones,
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` as they can interfere with the deposition audio.
`
` Recording will continue until all parties agree
`
` to go off the record.
`
` My name is Will Brewster, representing
`
` Veritext. The date today is April 10th, 2015,
`
` and the time is approximately 8:50 a.m.
`
` This deposition is being held at the
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` offices of Finnegan Henderson Farabow Garrett &
`
` Dunner, located at 901 New York Avenue NW, in
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` Washington, D.C., and is being taken by counsel
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` for the defense.
`
` The caption of this case is Janssen
`
` Pharmaceuticals and Grunenthal GmbH v. Actavis
`
` Elizabeth, LLC, and Alkem Laboratories, Limited.
`
` This case is filed in the United
`
` States District Court for the District of New
`
` Jersey, Case Number 2:13-CV-04507.
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` The name of the witness is Marita
`
` Mueller.
`
` At this time, the attorneys present in
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`Page 8
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` the room and attending remotely will identify
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` themselves and the parties they represent.
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` MS. BIANCO: Good morning. Krista
`
` Bianco, from Finnegan, on behalf of Grunenthal.
`
` MR. KRAUSE: Todd Krause, of Sidley
`
` Austin, for Janssen Pharmaceuticals.
`
` MR. LONG: This is Alex Long, on
`
` behalf of defendant, Roxane Laboratories.
`
` And I would also note there are several other
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` case numbers that we should probably enter
`
` into the record, as well, since this is a
`
` consolidated action among multiple defendants.
`
` THE VIDEOGRAPHER: Okay.
`
` MR. LONG: Patrick.
`
` MR. GALLAGHER: This is Patrick
`
` Gallagher, from Duane Morris, LLP, for the
`
` Actavis defendants.
`
` MR. LONG: That's all that's present
`
` on behalf of the defendants at the moment.
`
` THE VIDEOGRAPHER: Our court reporter,
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` Ryan Black, representing Veritext, will swear in
`
` the witness, and we may proceed.
`
` - - -
`
` ///
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` ///
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`Page 9
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` Whereupon --
`
` MARITA MUELLER,
`
` called to testify, having been first duly sworn
`
` or affirmed, was examined and testified as
`
` follows:
`
` PETRA GEHRUNG and LILY OLM,
`
` having been first duly sworn or affirmed to
`
` translate the proceedings from English to German
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` and from German translated as follows:
`
` MS. BIANCO: Okay. Can I make a
`
` statement on the record?
`
` MR. LONG: Sure. Go ahead.
`
` MS. BIANCO: I'd like to make a
`
` couple of comments for the record: One, both
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` plaintiffs would like to reserve the right for
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` the witness to review and sign the transcript
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` before a German notary. We ask the court
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` reporter and the videographer to make note of
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` the start and stop times, including all lunch
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` breaks, and to keep a record of how much time
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` has elapsed. We would like to have the
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` transcript marked highly confidential subject to
`
` the protective order in this litigation. And,
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` also, in an attempt to avoid as much
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` interruption as possible during the deposition,
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`Page 10
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` both plaintiffs would like to reach agreement on
`
` the following procedure for the deposition:
`
` Any objection made on the record by one
`
` plaintiff is automatically adopted by the other
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` plaintiff so that the objection doesn't have to
`
` be repeated by the other plaintiff.
`
` Does any counsel for any of the
`
` parties have any objections to this procedure?
`
` MR. LONG: None from Roxane.
`
` MS. BIANCO: Actavis?
`
` Patrick?
`
` MR. GALLAGHER: Sorry.
`
` That's acceptable to us.
`
` MS. BIANCO: And, also, I have a
`
` request that the interpreter also interpret my
`
` objections to the questions.
`
` THE INTERPRETER: Okay. If you make it
`
` slowly, then I'll definitely do. Sometimes they
`
` go fast.
`
` MS. BIANCO: Sure.
`
` MR. LONG: Are you ready to proceed?
`
` MS. BIANCO: Yes.
`
` EXAMINATION
`
` BY MR. LONG:
`
` Q. Good morning, Ms. Mueller.
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`Page 11
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` A. Good morning.
`
` Q. My name, once again, is Alex Long on
`
` behalf of defendant Roxane. And I'll be asking
`
` you a series of questions today.
`
` Do you speak any English?
`
` A. Very, very little.
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` Q. And I take it that you don't read or
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` write English, as well?
`
` A. So I don't write at all in English,
`
` but I read -- I read the literature that's
`
` in -- relating to my work that is originally
`
` in English.
`
` Q. Such as the scientific literature?
`
` MS. OLM: Sorry. Just one -- one
`
` little thing. Instructions.
`
` MS. GEHRUNG: Instructions. Okay.
`
` Okay. Okay. The instructions of my
`
` work in English.
`
` BY MR. LONG:
`
` Q. When you mean the instructions of
`
` your work, are you -- do you mean instructions
`
` from your supervisors at work?
`
` A. The instructions that is presented by
`
` my supervisor or employer.
`
` Q. Is English the language that is used
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`Page 12
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` at Grunenthal to relay instructions on work?
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` MS. BIANCO: Objection to form.
`
` THE WITNESS: Normally everything is
`
` in German at -- at my place.
`
` BY MR. LONG:
`
` Q. Are you aware of memoranda exchanges
`
` at Grunenthal in her workgroup that is in
`
` English?
`
` MS. BIANCO: Objection to form.
`
` Vague.
`
` THE WITNESS: No. Whatever relates to
`
` my work is in German.
`
` BY MR. LONG:
`
` Q. Ms. Mueller, what is your education,
`
` briefly?
`
` A. So I have 13 years of school
`
` education, and then it's the school-leaving
`
` examination. And then I had the three years of
`
` professional training for chemical laboratory.
`
` MS. OLM: Lab assistant.
`
` MS. GEHRUNG: Lab assistant. Okay.
`
` That's it.
`
` BY MR. LONG:
`
` Q. I understand, Ms. Mueller, you do not
`
` have a Ph.D.?
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` A. No.
`
` Q. The training as a chemical laboratory
`
` assistant, what kind of training did you get?
`
` A. So it's a professional training that
`
` consists of practical and theoretical parts.
`
` MS. OLM: Over the period of three
`
` years.
`
` MS. GEHRUNG: Yeah. Okay.
`
` BY MR. LONG:
`
` Q. In what area specifically for
`
` practical chemical laboratory training, what
`
` -- can you explain what that means, what you
`
` learned how to do?
`
` A. So we -- we are taught to do analytics
`
` and chemical work and theoretical.
`
` MS. OLM: And synthesis.
`
` MS. GEHRUNG: Synthesis.
`
` BY MR. LONG:
`
` Q. I'm sorry. Theoretical what? I -- I
`
` wasn't clear on the interpretation. Can you --
`
` MS. GEHRUNG: Analytics and syntheses.
`
` MS. OLM: No theoretical. Only
`
` analytics and synthesis.
`
` BY MR. LONG:
`
` Q. What kind of analytical chemical
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`Page 14
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` analysis did you learn?
`
` MS. GEHRUNG: You've got to be gentle
`
` with me. I'm totally new in this case.
`
` Volumetry. For example,
`
` MS. OLM: Titrimetry, I think, is how
`
` you call it.
`
` MR. LONG: Titrimetry?
`
` MS. OLM: Titration.
`
` MS. GEHRUNG: Titration.
`
` MR. LONG: Titration. All right.
`
` BY MR. LONG:
`
` Q. And was there anything else mentioned
`
` besides titration.
`
` A. So volumetrics and symantec [sic]
`
` analyst -- analytics.
`
` MS. OLM: Refractometry.
`
` MS. GEHRUNG: Polar -- polarimetry.
`
` BY MR. LONG:
`
` Q. Ms. Mueller, did you learn Raman
`
` spectroscopy?
`
` A. What do you mean by that?
`
` Q. You're not familiar with Raman
`
` spectroscopy and that name?
`
` A. Do you mean NMR?
`
` Q. NMR. Yes. You're familiar with NMR?
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` A. I know that, but I haven't learned it
`
` back then.
`
` Q. Any other kind of elemental analysis,
`
` chemical elemental analysis?
`
` A. I learned a separation -- the cook
`
` separation.
`
` MS. OLM: To -- to boil.
`
` MS. GEHRUNG: To boil.
`
` MS. OLM: A separation step.
`
` MS. GEHRUNG: Right. Right.
`
` BY MR. LONG:
`
` Q. And -- and --
`
` MS. GEHRUNG: Separation step, you
`
` said? ST? Like a -- okay. I'm just checking.
`
` BY MR. LONG:
`
` Q. Can you explain what you learned about
`
` chemical synthesis?
`
` A. I've learned -- I was -- learned to
`
` prepare various preparations by using various
`
` methods that are required.
`
` Q. Ms. Mueller, you presently work for
`
` Grunenthal?
`
` A. Yes.
`
` Q. When did you start working for
`
` Grunenthal?
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` A. In October 1969 [sic].
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` MS. OLM: 1996.
`
` MS. GEHRUNG: 1996.
`
` Right. Sorry.
`
` BY MR. LONG:
`
` Q. Have you worked at Grunenthal your
`
` entire professional career?
`
` A. So I started my training at the City
`
` of Aachen from 1982 until -- until 1985. And
`
` also worked at the City of Aachen from the
`
` period 1985 to '96.
`
` Q. You began your professional career in
`
` 1982?
`
` A. Correct.
`
` Q. And what did you work as or what did
`
` you do for the City of Aachen from 1982 to 1996?
`
` A. So the first three years were
`
` training. Okay. So and then I worked at the
`
` food inspection department and have tested food
`
` -- various foods.
`
` Q. Did you receive your chemical
`
` synthesis training at the City of Aachen or
`
` at Grunenthal?
`
` MS. BIANCO: Objection to form.
`
` THE WITNESS: So the synthesis
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`Page 17
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` -- chemical synthesis I -- I learned in my
`
` training program with the City of Aachen.
`
` BY MR. LONG:
`
` Q. And what about the chemical analytical
`
` training? Did you also receive that with the
`
` City of Aachen?
`
` A. Yes.
`
` Q. Were you involved in synthesizing
`
` chemical compounds with the City of Aachen?
`
` A. So I have synthesized the preparations
`
` that I needed for my training.
`
` Q. What were your reasons for leaving the
`
` City of Aachen and joining Grunenthal in around
`
` 1996?
`
` A. I had the -- the desire to change my
`
` professional career.
`
` Q. When you joined Grunenthal in 1996,
`
` you joined as a -- a lab technician?
`
` A. Yes, as a chemical lab assistant.
`
` Q. Did you say chemical lab assistant?
`
` A. I did.
`
` Q. And you remain a chemical lab
`
` assistant today?
`
` A. Yes, I am.
`
` Q. So over the course of I guess nearly
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`Page 18
`
` 19 years at Grunenthal, have you been in one
`
` department or multiple or different departments?
`
` A. So one department was restructured in
`
` becoming two departments, but I was always at
`
` the same department.
`
` Q. What was that one department that
`
` split to two?
`
` A. That was called back then synthetic
`
` chemistry. And that was restructured into two
`
` parts, the medical chemi -- chemistry and
`
` process development.
`
` Q. Okay. Just to clarify for myself, one
`
` department was medical chemistry and the other
`
` process development?
`
` A. Yeah. That's what it is now.
`
` Q. When did that split occur?
`
` A. I can't recall exactly.
`
` Q. Okay. Did -- was it -- can you guess
`
` -- can you recall if it was sort of in the early
`
` part of your career or more recent?
`
` A. No. It's a while ago, but I can't
`
` recall exactly.
`
` Q. Who was head of synthetic chemistry
`
` when you started at Grunenthal?
`
` A. So at that time I can recall that
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`Page 19
`
` that position was vacant, and Dr. Zimmer was
`
` leading it in a, you know, more abstract way.
`
` Q. Are you familiar with Dr. Buschmann,
`
` Helmut Buschmann?
`
` A. Yes.
`
` Q. Did Dr. Buschmann become head of
`
` synthetic chemistry at some point during your
`
` career?
`
` A. Yes.
`
` Q. Did you report to Dr. Buschmann?
`
` A. No.
`
` Q. Who was your direct report when you
`
` started at Grunenthal?
`
` A. Dr. Zimmer was my -- was head of the
`
` laboratory, of my laboratory.
`
` Q. Did your laboratory have a specific
`
` name?
`
` A. No.
`
` Q. Did Dr. --
`
` Is it Simmer or Zimmer? S?
`
` MS. OLM: With a Z.
`
` MS. GEHRUNG: Zimmer like zebra.
`
` BY MR. LONG:
`
` Q. All right. Thank you.
`
` Is Dr. Zimmer still your super
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`Page 20
`
` -- still your supervisor today?
`
` A. No.
`
` Q. So after Dr. Zimmer, who became your
`
` supervisor?
`
` A. Dr. Griebel, G-r-b-e-l [sic].
`
` Q. Anyone after Dr. Griebel?
`
` A. Now it's Dr. Kegel, K-e-g-e-l.
`
` Q. Is Dr. Kegel a woman?
`
` A. No. It's a -- it's a man.
`
` Q. Okay.
`
` MR. LONG: And --
`
` MS. OLM: She doesn't have access to
`
` the Livenote. It would be helpful.
`
` MS. GEHRUNG: That would be, actually.
`
` MR. LONG: Do you want to go off the
`
` record?
`
` THE VIDEOGRAPHER: Off the record at
`
` 9:13.
`
` (Brief pause.)
`
` THE VIDEOGRAPHER: Back on the record
`
` at 9:14.
`
` BY MR. LONG:
`
` Q. Ms. Mueller, after synthetic
`
` chemistry split into medical chemistry and
`
` process development, where did your position go?
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`Page 21
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` Which department?
`
` A. I was in the process development
`
` department.
`
` Q. By -- I'll try to direct you to the
`
` early 2000s, like 2001, 2002. Do you recall
`
` being in process development at that time?
`
` A. Yeah. I'm, until today, in the
`
` process development.
`
` Q. And at that time in the, say, 2001,
`
` 2002 time frame, was Dr. Zimmer or Dr. Griebel
`
` her supervisor?
`
` A. Dr. Griebel.
`
` Q. And Dr. Griebel was your supervisor
`
` until about what year?
`
` A. Until last year.
`
` Q. So last year Dr. Kegel became your
`
` supervisor?
`
` A. Exactly.
`
` Q. Thank you.
`
` Are you familiar with Dr. Michael
`
` Gruss?
`
` A. Yes, I do.
`
` Q. Did you have a working relationship
`
` with Dr. Michael Gruss?
`
` MS. BIANCO: Objection to form.
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`Page 22
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` THE WITNESS: No. No. I never worked
`
` with him.
`
` BY MR. LONG:
`
` Q. Did you ever receive any instructions
`
` from Dr. Gruss?
`
` A. No.
`
` Q. What about Dr. Andreas Fischer, are
`
` you familiar with him?
`
` A. No. Not exactly knowing, but I've
`
` seen -- I have seen him once, or I might have
`
` met him once.
`
` Q. Did you ever receive any instructions
`
` from Dr. Fischer?
`
` A. No.
`
` Q. What about Dagmar Lischke, are you
`
` familiar with her?
`
` A. Yes. I know her.
`
` Q. Does Dagmar Lischke work in the same
`
` laboratory as you?
`
` A. No.
`
` Q. Let me ask that a little bit
`
` differently: Did Dagmar Lischke ever work in
`
` the same laboratory as you?
`
` A. No.
`
` Q. How do you know Dagmar Lischke?
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`Page 23
`
` A. So we meet in the workplace on going
`
` to, you know, --
`
` MS. OLM: Cafeteria.
`
` MS. GEHRUNG: -- cafeteria, and we see
`
` each other in the cafeteria.
`
` BY MR. LONG:
`
` Q. Did you ever have occasion to work on
`
` the same project as Dagmar Lischke?
`
` A. I don't know which projects Dagmar
`
` Lischke has.
`
` Q. And I asked about Dr. Buschmann. I
`
` think you may have already said, I apologize if
`
` I'm repeating, did you ever receive any
`
` instructions -- work instructions from
`
` Dr. Buschmann, when he became head of the
`
` laboratory?
`
` A. Mr. Buschmann was never my -- the head
`
` of my laboratory.
`
` Q. Oh, I thought at one point he became
`
` head of the synthetic chemistry department?
`
` A. Yeah. From the entire department, he
`
` was the head. But I get my instructions from my
`
` laboratory -- head of laboratory.
`
` Q. You -- you said a few moments ago that
`
` your laboratory didn't have a particular name.
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`Page 24
`
` Was there some sort of identifier for the
`
` laboratory that you worked in?
`
` A. So we -- we name our laboratories by
`
` the heads, so the laboratory of Dr. Zimmer, the
`
` laboratory of Dr. Griebel.
`
` Q. Got it.
`
` Ms. Mueller, are you familiar with a
`
` compound known at Tapentadol?
`
` A. I know Tapentadol, but I cannot really
`
` give you an exact structure of it.
`
` MS. OLM: Assign the correct structure
`
` of Tapentadol.
`
` THE REPORTER: I'm sorry. Can you
`
` repeat that?
`
` MS. OLM: Assign the correct structure
`
` of Tapentadol.
`
` BY MR. LONG:
`
` Q. Are you familiar with something known
`
` as BN 200?
`
` A. I've known that BN 200 is equivalent
`
` with Tapentadol.
`
` Q. And another name for BN 200 or
`
` Tapentadol is CG5503?
`
` A. I have heard of it, but I'm not sure
`
` if that's exactly the same.
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`
` Q. As a lab assistant in Dr. Griebel's
`
` lab, did you have occasion to work with
`
` Tapentadol in any way?
`
` MS. BIANCO: Objection to form.
`
` THE WITNESS: I -- I've certainly
`
` worked with Tapentadol, but I cannot really
`
` recall exactly.
`
` BY MR. LONG:
`
` Q. Was -- withdraw that.
`
` During your time in Dr. Griebel's lab,
`
` did you -- were you assigned to a project that
`
` was dedicated to studying Tapentadol?
`
` MS. BIANCO: Objection to form.
`
` Vague.
`
` THE WITNESS: So I can't recall in
`
` what form I was studying Tapentadol.
`
` BY MR. LONG:
`
` Q. You do recall working on Tapentadol,
`
` though?
`
` You said in what form. I'm not sure
`
` what you mean by that.
`
` A. I recall that I had to do it.
`
` MS. OLM: At some point, yes.
`
` BY MR. LONG:
`
` Q. And when you say you had to do it,
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`Page 26
`
` what do you recall doing with respect to
`
` Tapentadol?
`
` A. I know that's the reason why I'm here,
`
` but I -- because I had to work on the patent
`
` instructions and had to elaborate them.
`
` MS. OLM: I have to repeat the patent
`
` specifications. Now that I'm sitting here
`
` today, I know the reason why I'm here. It
`
` was because I had to repeat the patent
`
` specification.
`
` MS. GEHRUNG: It's right there what I
`
` said.
`
` MR. LONG: Good with that?
`
` MS. OLM: Okay.
`
` BY MR. LONG:
`
` Q. Other than repeating the patent
`
` specification, to use your language, did you
`
` have any other work in connection with
`
` Tapentadol?
`
` A. I can't recall.
`
` Q. Dr. -- I'm sorry, Ms. Mueller, what
`
` did you do to prepare for your deposition today?
`
` MS. BIANCO: I remind you not to
`
` reveal any communications you may have had with
`
` any of your attorneys to prepare for your
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`
` deposition.
`
` THE WITNESS: I spoke with my
`
` attorney.
`
` BY MR. LONG:
`
` Q. When did you start preparing for your
`
` deposition today?
`
` A. On Tuesday.
`
` Q. When you say that you spoke with your
`
` attorney, are you regarding Ms. Krista?
`
` MS. BIANCO: You can answer that, yes,
`
` no, I don't know.
`
` THE WITNESS: Yes.
`
` BY MR. LONG:
`
` Q. Okay. Did you speak with any other
`
` attorneys, other than Krista Bianco?
`
` MS. BIANCO: The question is just
`
` seeking names, if you recall any names.
`
` THE WITNESS: No.
`
` BY MR. LONG:
`
` Q. Yes or no, did you speak with any
`
` in-house counsel as --
`
` MS. OLM: The response was, I don't
`
` recall any names.
`
` MR. LONG: Yeah. I think that's what
`
` she answered.
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