CONFIDENTIAL - ATTORNEYS‘ EYES ONLY
`
`Meese, Claus
`
`January 20, 2015
`
`STR CT COURT
`,
`IfiLAWAR7
`
`3 PHARMA GM:
`'""s
`
`VS.
`
`C.V. No. 13-lllO(GMS)
`
`%ORATOR
`
`1
`
`' I., CONSOL
`
`AL ATTORN1
`
`Videotaped Deposition of Claus Meese
`
`Vol
`
`1
`
`Taken aL _he 0 "ices 0;:
`
`& ?mery
`Mcjermott Wii'
`AV nu
`d s N rvi ns 9 31
`1040 Brussels
`
`Tuesday, 20th January 2015
`
`At 9.49 a.m.
`
`202-220-415 8
`
`Henderson Legal Services, Inc.
`WWW.hendersonlegalservices. com
`
`Restricted Confidential - Subject to Protective Order
`
`Petitioner Mylan Pharmaceuticals Inc. — Exhibit 1076A — Page 1
`PFEO1830530
`
`Petitioner Mylan Pharmaceuticals Inc. - Exhibit 1076A - Page 1
`
`
`
`Meese, Claus
`
`January 20, 2015
`
`STR CT COURT
`,
`IfiLAWAR7
`
`3 PHARMA GM:
`'""s
`
`VS.
`
`C.V. No. 13-lllO(GMS)
`
`%ORATOR
`
`1
`
`' I., CONSOL
`
`AL ATTORN1
`
`Videotaped Deposition of Claus Meese
`
`Vol
`
`1
`
`Taken aL _he 0 "ices 0;:
`
`& ?mery
`Mcjermott Wii'
`AV nu
`d s N rvi ns 9 31
`1040 Brussels
`
`Tuesday, 20th January 2015
`
`At 9.49 a.m.
`
`202-220-415 8
`
`Henderson Legal Services, Inc.
`WWW.hendersonlegalservices. com
`
`Restricted Confidential - Subject to Protective Order
`
`Petitioner Mylan Pharmaceuticals Inc. — Exhibit 1076A — Page 1
`PFEO1830530
`
`Petitioner Mylan Pharmaceuticals Inc. - Exhibit 1076A - Page 1
`
`
`
`CONFIDENTIAL - ATTORNEYS‘ EYES ONLY
`
`Meese, Claus
`
`January 20, 2015
`
`*'.HAT.J:' OJ:' BUA NT J:'J:'S and TH‘.
`
`TN*'.SS:
`
`WH T4‘.
`
`& CASL LLB
`
`L55 Avenue o_ -he Americas
`
`ew York, New York 10036-2787
`;2.8l9.8255
`
`AWfiS S. TRAZNOR, ESQ.
`:rainor@whitecase.com
`JRGLN HASSA
`1
`
`rgen.hassa@ucb.com
`%fiCCA MCCULLOUGH
`
`N7‘i—\
`
`('
`
`WLLCLI.
`
`'. DAN1‘ , ABOT *'.X ,
`
`RAKOCHY MOTTNO IVIAHHOCH
`Six West Hubbard Street
`Suite 500
`
`S
`
`Chicago, "i'inois 60654
`3‘7.597.9 57
`SY BHONfi:
`fiR N EOR%fiS
`
`e‘orbes@rmms'egai.com
`
`Duh. JAMES, H.
`W
`£3:
`
`-IAQKR D
`AXIIN\T, VELTROP &
`1L4 Wes- 47-h SLree_
`
`Vew Yor<, New Yor< 10036
`2;2.728.2200
`
`SY PHONL: MATT MU?P{Y ISQ.
`
`mmurphy3axinn.com
`
`202-220-415 8
`
`Henderson Legal Services, Inc.
`WWW.hendersonlegalservices. com
`
`Restricted Confidential - Subject to Protective Order
`
`Petitioner Mylan Pharmaceuticals Inc. — Exhibit 1076A — Page 2
`PFEO1830531
`
`Petitioner Mylan Pharmaceuticals Inc. - Exhibit 1076A - Page 2
`
`
`
`CONFIDENTIAL - ATTORNEYS‘ EYES ONLY
`
`Meese, Claus
`
`January 20, 2015
`
`-.
`
`iDAi\T'I‘S , SAN
`
`fiMfiRY
`MCDERMOTT W"LL &
`227 West Monroe Street
`
`Chicago, “"inois 60606-5096
`3;2.984.58;0
`
`s;o@mwe.com
`WAN—SHON LO
`
`' OE D%E%NDANTS, WOCKHARi
`USA, LLC:
`
`KNO%%fi, MART?NS, OLSON &
`2040 Main Street
`;—:h Floor
`
`Irvine, Ca'i‘ornia 97614
`9—9.760.0404
`
`IAR?N CASS"3Y, ?SQ.
`
`karen.cassidy@k1obbe.com
`
`Also Present:
`
`Kay Hendrick — Court Reporter
`
`Simon Ritson — Videographer
`
`Andrea soyer — "nterpreter
`
`202-220-415 8
`
`Henderson Legal Services, Inc.
`WWW.hendersonlegalservices. com
`
`Restricted Confidential - Subject to Protective Order
`
`Petitioner Mylan Pharmaceuticals Inc. — Exhibit 1076A — Page 3
`PFEO1830532
`
`Petitioner Mylan Pharmaceuticals Inc. - Exhibit 1076A - Page 3
`
`
`
`CONFIDENTIAL - ATTORNEYS‘ EYES ONLY
`
`Meese, Claus
`
`January 20, 2015
`
`"nterpre
`
`CLAUS MfifiSfi
`
`Examination by Ms Cassidy:
`
`X H
`
`3
`
`T S
`
`US L
`
`-en
`
`6,858,650
`
`US L
`
`-en
`
`7,384,980
`
`US L
`
`-en
`
`7,885,230
`
`US L
`
`-en
`
`7,985,772
`
`US L
`
`-en
`
`8,338,478
`
`Agreemen'
`
`re inventors
`
`bonus
`
`Exhibi'
`
`?nglish translation o‘ 6
`
`Exhibi'
`
`Timetable o: development
`
`o: Fesoterodine
`
`Exhibi'
`
`{istory o: SPM O07
`
`?xhibi'
`
`Tnglish Translation
`
`of 9
`
`NC? Project
`
`Tolterodine
`
`?nglish Translation
`
`of ll
`
`Chemical Development
`
`Plan Zncontinince Project
`
`202-220-415 8
`
`Henderson Legal Services, Inc.
`WWW.hendersonlegalservices. com
`
`Restricted Confidential - Subject to Protective Order
`
`Petitioner Mylan Pharmaceuticals Inc. — Exhibit 1076A — Page 4
`PFEO1830533
`
`Petitioner Mylan Pharmaceuticals Inc. - Exhibit 1076A - Page 4
`
`
`
`CONFIDENTIAL - ATTORNEYS‘ EYES ONLY
`
`Meese, Claus
`
`January 20, 2015
`
`Tngiish Translation
`
`of 13
`
`Second Team Meeting
`
`NCfi ncontinence
`
`Third Team Meeting
`
`NCfi ncontinence
`
`"ncontinence
`
`Project
`
`Chemical Development
`
`Plan Update 4
`
`Lab notebook
`
`PT 02075909
`
`English Translation
`
`of 19
`
`Chemical Development
`
`Plan Update 5
`
`Chemical Development
`
`Plan Update 5
`
`Team Meeting NCE
`
`Incontinence 25-6-98
`
`Team Meeting NCE
`
`Incontinence 10-8-98
`
`Team Meeting NCE
`
`Incontinence 1-10-98
`
`202-220-415 8
`
`Henderson Legal Services, Inc.
`WWW.hendersonlegalservices. com
`
`Restricted Confidential - Subject to Protective Order
`
`Petitioner Mylan Pharmaceuticals Inc. — Exhibit 1076A —
`
`Page 5
`PFEO1830534
`
`Petitioner Mylan Pharmaceuticals Inc. - Exhibit 1076A - Page 5
`
`
`
`CONFIDENTIAL - ATTORNEYS‘ EYES ONLY
`
`Meese, Claus
`
`January 20, 2015
`
`?uropean Patent
`
`Application 17-11-99
`
`Minutes o: Team Meeting
`
`NCfi ncontinence 29-1-99
`
`Chemical Development
`
`Plan 24-2-99
`
`NCfi ncontinence Meeting
`
`Incontinence 28-5-99
`
`Minutes o: CMC Sub Team
`
`8-10-99
`
`Analytical
`
`15-10-99
`
`Minutes o: Project
`
`SPM 909
`
`33 e-mail
`
`from
`
`A. Schuetz
`
`202-220-415 8
`
`Henderson Legal Services, Inc.
`WWW.hendersonlegalservices. com
`
`Restricted Confidential - Subject to Protective Order
`
`Petitioner Mylan Pharmaceuticals Inc. — Exhibit 1076A — Page 6
`PFEO1830535
`
`Petitioner Mylan Pharmaceuticals Inc. - Exhibit 1076A - Page 6
`
`
`
`CONFIDENTIAL - ATTORNEYS‘ EYES ONLY
`
`Meese, Claus
`
`January 20, 2015
`
`Tuesday, 20th January 2015
`
`THfi V DfiOGRAPHLR: Good morning,
`
`this is
`
`the beginning o: Tape One, Volume One in the
`
`deposition of Dr Claus Meese taken on 20th
`
`January 2015 at 9.49 am, as indicated on the video
`
`screen. This deposition is being taken in the
`
`matter o" P"i4er "nc. and UC3 Pharma GMBH,
`
`P'ainLi
`
`s, versus Aikem Laboratories Limited et
`
`a’, De‘endant's, case number CA13—l;lO (GMS)
`
`Consolidated, being heard in the United States
`
`District Court for the District o‘
`
`Delaware.
`
`The deposition is taking place at the
`
`"ices o: McDermott Wiii
`
`& ?mey in Qrusseis,
`
`'gium.
`
`The videographer is Simon Rutson.
`
`The
`
`Court Reporter is Kay Hendrick on behai
`
`o
`
`Henderson Legal Services.
`
`Would counsel
`
`in the room please
`
`introduce themselves and state whom they
`
`represent?
`
`MS CASSZDY: Karen Cassidy from Knobbe,
`
`Martens, Olson & 3ear representing the Wockhardt
`
`fendant's.
`
`MS LO: Wan—Shon Lo representing the
`
`202-220-415 8
`
`Henderson Legal Services, Inc.
`WWW.hendersonlegalservices. com
`
`Restricted Confidential - Subject to Protective Order
`
`Petitioner Mylan Pharmaceuticals Inc. — Exhibit 1076A — Page 7
`PFEO1830536
`
`Petitioner Mylan Pharmaceuticals Inc. - Exhibit 1076A - Page 7
`
`
`
`CONFIDENTIAL - ATTORNEYS‘ EYES ONLY
`
`Meese, Claus
`
`January 20, 2015
`
`fendants Sandoz Inc.
`
`MR HASSA:
`
`Jurgen Hassa European Patent
`
`Attorney, representing UC3.
`
`MR TRAINOR:
`
`Jin Trainor from White &
`
`Case in New York on behai
`
`o
`
`the P'ainti
`
`s
`
`P‘izer, UCR, also on beha'
`
`o
`
`the witness. With
`
`me today is my colleague Rebecca McCullough.
`
`THfi V D%OGRAPH Q: Would counsel
`
`appearing telephonically please introduce
`
`yourselves and state who you represent?
`
`MR MURRHY: Matt Murphy on behai
`
`o
`
`Axinn Veltrop & {arkrider on behal
`
`o
`
`the He‘
`
`Defendant's.
`
`MS EOR%fiS: Good morning. This isl
`
`Forbes from Rakoczy Molino Mazzochi Siwik
`
`representing Apotex Inc.
`
`THfi V 3fiOGRAPHjR: Anyone else on the
`
`”nterpreter a
`
`‘irmed.
`
`CLAUS M11
`
`having been d I
`
`testified as
`
`Examination by Ms Cassidy:
`
`Q. Good morning, Dr Meese. Could you
`
`202-220-415 8
`
`Henderson Legal Services, Inc.
`WWW.hendersonlegalservices. com
`
`Restricted Confidential - Subject to Protective Order
`
`Petitioner Mylan Pharmaceuticals Inc. — Exhibit 1076A — Page 8
`PFEO1830537
`
`Petitioner Mylan Pharmaceuticals Inc. - Exhibit 1076A - Page 8
`
`
`
`CONFIDENTIAL - ATTORNEYS‘ EYES ONLY
`
`Meese, Claus
`
`January 20, 2015
`
`please state your name and address for the record?
`
`A. My name is Claus Meese and my
`
`address is —— my name is Claus Meese, Kreuzberger
`
`50, 40748 Monheim, possibly 789 Monheim.
`
`Q.
`
`Dr Meese, are you represented by
`
`counsel
`
`today?
`
`MR TRAZNOR:
`
`I represent to you that we
`
`are representing the witness it he is confused by
`
`that but
`
`MS CASSZDY:
`
`Dr Meese, have you ever
`
`b
`
`n d pos d b for ?
`
`A. No, never.
`
`Q. Alright.
`
`.Are you aware o; any
`
`reason you would be unable to give full and
`
`accurate testimony today?
`
`A. No.
`
`Q.
`
`So a few ground rules for how we are
`
`going to run this deposition.
`
`I will ask you
`
`questions.
`
`The Court Reporter is here to take
`
`down the questions and your answers. Rlease make
`
`sure to give verbal responses so that the Court
`
`Reporter can take down your response and please
`
`wait Jntil the question has been completed before
`
`you answer it?
`
`A. Yes.
`
`202-220-415 8
`
`Henderson Legal Services, Inc.
`WWW.hendersonlegalservices. com
`
`Restricted Confidential - Subject to Protective Order
`
`Petitioner Mylan Pharmaceuticals Inc. — Exhibit 1076A — Page 9
`PFEO1830538
`
`Petitioner Mylan Pharmaceuticals Inc. - Exhibit 1076A - Page 9
`
`
`
`CONFIDENTIAL - ATTORNEYS‘ EYES ONLY
`
`Meese, Claus
`
`January 20, 2015
`
`Q.
`
`"" you do not understand a question
`
`please let me know otherwise I will assume that
`
`you understand?
`
`A. Okay.
`
`Q. Your attorney may object, please
`
`answer the question Jnless you are instructed not
`
`to answer by your attorney?
`
`A. Okay.
`
`Q. And i: you need to take a break just
`
`: me know and we can take a break at any time
`
`_ ii there is a question pending please answer
`
`7
`
`w
`
`tak a break?
`
`A. Okay, yes.
`
`Q. Did you do anything to prepare
`
`this deposition?
`
`A. We have had some discussions with
`
`our lawyers, and I had a look at previous document
`
`from the patent literature and our own work in
`
`order to recall everything, because some time has
`
`passed since that time.
`
`Q. Did you mee
`
`'-h anyone aside
`
`your attorney to prepare _
`
`-he deposition?
`
`A. No.
`
`Q. And did you review any documents
`
`while you were preparing ‘or this deposition?
`
`202-220-415 8
`
`Henderson Legal Services, Inc.
`WWW.hendersonlegalservices. com
`
`Restricted Confidential - Subject to Protective Order
`
`Petitioner Mylan Pharmaceuticals Inc. — Exhibit 1076A — Page 10
`PFEO1830539
`
`Petitioner Mylan Pharmaceuticals Inc. - Exhibit 1076A - Page 10
`
`
`
`CONFIDENTIAL - ATTORNEYS‘ EYES ONLY
`
`Meese, Claus
`
`January 20, 2015
`
`A. Yes, as I mentioned before the
`
`patent literature and our own documents,
`
`the
`
`patent which we have filed in order to recall this
`
`world.
`
`Q. We are going to start with a little
`
`bit of your background. Could you please describe
`
`your education history since after high school?
`
`A. Yes,
`
`I started organic chemistry and
`
`as well as pharmaceutical chemistry and pharmacy
`
`and made my diploma and Doctor of thesis at the
`
`university of Hamburg. And afterwards, do you
`
`want me to tell what I did later on?
`
`Q. Yes, actually that was going to be
`
`my next question,
`
`so you could explain a__er you
`
`finished your formal education what your first job
`
`was?
`
`A.
`
`I have had a job at the University
`
`of Hamburg.
`
`I was a so—called assistant for the
`
`advanced chemistry student. And after that time
`
`it changed to the administration authorities of
`
`Hamburg,
`
`the Department of Environmental Affairs,
`
`and I specialized on the analytics of water,
`
`that
`
`means any kinds of water,
`
`tap water and bath
`
`water,
`
`swimming and so on. After a time
`
`I changed.
`
`202-220-415 8
`
`Henderson Legal Services, Inc.
`WWW.hendersonlegalservices. com
`
`Restricted Confidential - Subject to Protective Order
`
`Petitioner Mylan Pharmaceuticals Inc. — Exhibit 1076A — Page 11
`PFEO1830540
`
`Petitioner Mylan Pharmaceuticals Inc. - Exhibit 1076A - Page 11
`
`
`
`CONFIDENTIAL - ATTORNEYS‘ EYES ONLY
`
`Meese, Claus
`
`January 20, 2015
`
`I moved to Stuttgart and used to work in
`
`the Institute of Clinical Pharmacology,
`
`Dr Margarete Fischer—Bosch,
`
`that is a private
`
`institution sponsored by the Robert Bosch
`
`Foundation in Stuttgart. And I used to work there
`
`for 14 years and I established a chemistry
`
`department at this Institute and primarily made
`
`studies on drugs, drug metabolism,
`
`in—vitro as
`
`well as animal studies, analytics, and after that
`
`time, which ended in 1993,
`
`I moved to a
`
`pharmaceutical company, Schwarz Pharma, at that
`
`time in Monheim, Germany, and I was responsible
`
`for the Chemistry Department of this Company.
`
`In this Company I was involved in the
`
`development of new drugs and all chemistry affairs
`
`which occur in a pharmaceutical company until
`
`2007. And during that time there was a time where
`
`very many papers were published and patents were
`
`made on different issues. This is well
`
`documented.
`
`Q. And after 2007 were you employed
`
`anywhere else or did you retire at that time?
`
`A. After 2007 when I left the Company
`
`I retired.
`
`Q.
`
`Thank you.
`
`202-220-415 8
`
`Henderson Legal Services, Inc.
`WWW.hendersonlegalservices. com
`
`Restricted Confidential - Subject to Protective Order
`
`Petitioner Mylan Pharmaceuticals Inc. — Exhibit 1076A — Page 12
`PFEO1830541
`
`Petitioner Mylan Pharmaceuticals Inc. - Exhibit 1076A - Page 12
`
`
`
`CONFIDENTIAL - ATTORNEYS‘ EYES ONLY
`
`Meese, Claus
`
`January 20, 2015
`
`A. And the reason was simply that my
`
`Company was merged with UCB Pharma GMBH from
`
`Belgium, and it was clear that many changes would
`
`occur there due to process, so I decided to leave
`
`the Company.
`
`It was a smooth goodbye from this
`
`Company, so I said yes. Any more questions?
`
`Q. Are you familiar with a compound
`
`festoterodine fumarate?
`
`A. Yes, yes.
`
`I can say yes,
`
`I know
`
`this compound.
`
`Q. Did you work with festoterodine
`
`fumarate anywhere besides your employment at
`
`Schwarz?
`
`A. No, never. Never.
`
`Q. And do you understand that the
`
`r—enantiomer o_ Lhe festoterodine fumarate may
`
`also be referred to as SPM 8272?
`
`A. Yes,
`
`I know that.
`
`Q. Okay. And are you familiar with the
`
`festoterodine freebase?
`
`A. Yes,
`
`I am.
`
`Q. Did you work with that anywhere
`
`besides at Schwarz Pharma?
`
`A. No, never.
`
`Q. And do you understand that the
`
`202-220-415 8
`
`Henderson Legal Services, Inc.
`WWW.hendersonlegalservices. com
`
`Restricted Confidential - Subject to Protective Order
`
`Petitioner Mylan Pharmaceuticals Inc. — Exhibit 1076A — Page 13
`PFEO1830542
`
`Petitioner Mylan Pharmaceuticals Inc. - Exhibit 1076A - Page 13
`
`
`
`CONFIDENTIAL - ATTORNEYS‘ EYES ONLY
`
`Meese, Claus
`
`January 20, 2015
`
`r—enantiomer o_ '
`
`jreebase may also be re:
`
`to as SPM 8224?
`
`A. Yes, it's the freebase.
`
`It's
`
`freebase.
`
`8272 is the salt.
`
`Q. And are you familiar with a compound
`
`called tolterodine?
`
`A. Yes.
`
`Q. Did you work with tolterodine
`
`anywhere besides in your employment at Schwarz?
`
`A. No, never.
`
`Q. And are you familiar with a compound
`
`called 5—hydroXymethyl tolterodine?
`
`A. Yes.
`
`Q. And are you com‘ortabie i“ we re‘
`
`to this as 5—HMT throughout
`
`the deposition, wil
`
`you understand what
`
`" am re‘erring to?
`
`A. Yes.
`
`Q. And did you work with 5—LMT anywhere
`
`besides in your employment at Schwarz?
`
`A. No, never.
`
`Q.
`
`How many patents are you listed as
`
`an inventor on?
`
`A.
`
`I only remember the major patents,
`
`the priority patent which was filed in May 1998
`
`the first one. And I remember, please correct me
`
`202-220-415 8
`
`Henderson Legal Services, Inc.
`WWW.hendersonlegalservices. com
`
`Restricted Confidential - Subject to Protective Order
`
`Petitioner Mylan Pharmaceuticals Inc. — Exhibit 1076A — Page 14
`PFEO1830543
`
`Petitioner Mylan Pharmaceuticals Inc. - Exhibit 1076A - Page 14
`
`
`
`CONFIDENTIAL - ATTORNEYS‘ EYES ONLY
`
`Meese, Claus
`
`January 20, 2015
`
`if I am wrong,
`
`in total six patents. Yeah.
`
`Q. And the six patents that you are
`
`ferring to, are these all related to derivatives
`
`_
`
`the 5—HMT metabolite?
`
`MR TRAZNOR: Objection.
`
`A. Yes.
`
`MS CASSIDY:
`
`I am going to hand you a
`
`document which will be marked as Meese Exhibit 1,
`
`and it bears 3ates numbers PT 00000001 through PT
`
`000000l9.
`
`(Exhibit
`
`1 marked ‘or identi‘ication)
`
`A. Yes, okay.
`
`Thank you.
`
`Q.
`
`Jr Meese, do you recognize this
`
`document?
`
`A. Yes.
`
`Q. And can you tell me what this
`
`document is?
`
`A.
`
`It describes new salt, stable salt
`
`and suitable salt, often metabolite they are
`
`talking of.
`
`Q. And this document is a patent
`
`bearing the number US 6858650;
`
`is that correct?
`
`A. That is right.
`
`Q.
`
`Dr Meese, you are named as a sole
`
`inventor on this patent?
`
`202-220-415 8
`
`Henderson Legal Services, Inc.
`WWW.hendersonlegalservices. com
`
`Restricted Confidential - Subject to Protective Order
`
`Petitioner Mylan Pharmaceuticals Inc. — Exhibit 1076A — Page 15
`PFEO1830544
`
`Petitioner Mylan Pharmaceuticals Inc. - Exhibit 1076A - Page 15
`
`
`
`CONFIDENTIAL - ATTORNEYS‘ EYES ONLY
`
`Meese, Claus
`
`January 20, 2015
`
`A. Yes.
`
`Q.
`
`Do you recall whether you dra:
`
`any portions o: this patent?
`
`A. Yes,
`
`together with the Patent
`
`Department of Schwarz Pharma.
`
`Q.
`
`So we are going to read through a
`
`couple o: sections o: this patent.
`
`I will read
`
`them out
`
`loud so that we can have the translator
`
`translate the sections as well
`
`to make it a little
`
`bit easier on you.
`
`The first section we are going
`
`to look at is column one,
`
`lines 15 through 21?
`
`MR TRAZNO : May I assist the witness
`
`with understanding '
`
`Lne numbers?
`
`MS CASSZi
`
`:
`
`lease.
`
`A.
`
`I need a magnifying glass.
`
`It is
`
`too small. Sorry.
`
`MR TRAINOR:
`
`Do you have it? Can we go
`
`—Lhe—record for a moment?
`
`THfi V 3fiOGRAP{jR:
`
`O "—Lhe—record at
`
`(o
`
`-he—record)
`
`TH? V”D?OGRA?H?R: Rack on the record at
`
`13 minutes past 10.
`
`MS CASSZDY:
`
`In column one o:
`
`the 650
`
`patent, starting at lines 15 through 2;, it reads:
`
`202-220-415 8
`
`Henderson Legal Services, Inc.
`WWW.hendersonlegalservices. com
`
`Restricted Confidential - Subject to Protective Order
`
`Petitioner Mylan Pharmaceuticals Inc. — Exhibit 1076A — Page 16
`PFEO1830545
`
`Petitioner Mylan Pharmaceuticals Inc. - Exhibit 1076A - Page 16
`
`
`
`CONFIDENTIAL - ATTORNEYS‘ EYES ONLY
`
`Meese, Claus
`
`January 20, 2015
`
`"From document PCT/EP 99/O32l2 novel
`
`derivatives of 3,3—dipenylpropylamine.
`
`These are
`
`valuabie prodrugs "or
`
`the treatment o.
`
`_ urinary
`
`incontinence and other spasmodics complaints which
`
`overcome the disadvantage o:
`
`the active substances
`
`available to date, namely inadequate absorption or
`
`the active substance by biological membranes or
`
`the unfavorable metabolism of these."?
`
`A. Yes.
`
`MS CASSZDY:
`
`Dr Meese, did you help
`
`ft that paragraph?
`
`MR TRAINOR:
`
`"" you remember.
`
`A. Most primarily, as far as I remember
`
`written by the Patent Department people and the
`
`pharmacologists which gave some advice, because
`
`I just want to recall I am a chemist, and this is
`
`my focus on the whole issue.
`
`MS CASSZDY: And do you recall the time
`
`this was drafted do you agree with the statement
`
`that essentially the derivatives of the
`
`3,3—dipenylpropylamines were known?
`
`A. Derivatives were known since the
`
`MS CASSZDY: And do you recall
`
`pharmacologists who assisted in the dra'
`
`202-220-415 8
`
`Henderson Legal Services, Inc.
`WWW.hendersonlegalservices. com
`
`Restricted Confidential - Subject to Protective Order
`
`Petitioner Mylan Pharmaceuticals Inc. — Exhibit 1076A — Page 17
`PFEO1830546
`
`Petitioner Mylan Pharmaceuticals Inc. - Exhibit 1076A - Page 17
`
`
`
`CONFIDENTIAL - ATTORNEYS‘ EYES ONLY
`
`Meese, Claus
`
`January 20, 2015
`
`this patent were?
`
`MR TRAINOR: Objection.
`
`A.
`
`I can't say the name but it must be
`
`a pharmacologist from the project team.
`
`MS CASSIDY:
`
`Now,
`
`if you will look at
`
`column one, starting at line 63 through column one
`
`or column two,
`
`line 3 where it says:
`
`"Surprisingly, it has now been found
`
`that the above mentioned disadvantages can be
`
`avoided if compounds with a structure of general
`
`formula A once they have been prepared under a
`
`special reaction process are converted with a
`
`physiologically compat’ble ‘norganic or organic
`
`acid with the general
`
`formu'& HX in which X
`
`represents the respective acid residue into their
`
`respective salt with the general
`
`formula "."?
`
`A. Yes.
`
`MS CASSZDY:
`
`'
`
`could direct your
`
`attention to figure one OT the 650 patent,
`
`believe it will be one page over on your copy,
`
`back towards the front o_ the document?
`
`A. Yes.
`
`MS CASSIDY:
`
`Is the reaction depicted in
`
`figure one the special reaction process that was
`
`referred to in the section from column one o:
`
`the
`
`202-220-415 8
`
`Henderson Legal Services, Inc.
`WWW.hendersonlegalservices. com
`
`Restricted Confidential - Subject to Protective Order
`
`Petitioner Mylan Pharmaceuticals Inc. — Exhibit 1076A — Page 18
`PFEO1830547
`
`Petitioner Mylan Pharmaceuticals Inc. - Exhibit 1076A - Page 18
`
`
`
`CONFIDENTIAL - ATTORNEYS‘ EYES ONLY
`
`Meese, Claus
`
`January 20, 2015
`
`patent that we just read?
`
`MR TRAINOR: Objection.
`
`A. Yes, it's a abbreviated depiction of
`
`the transition from 1 to 2.
`
`MS CASSIDY: And for this abbrevia
`
`figure why were these particular steps selec
`
`for the abbrevia-ed jigure 1?
`
`A.
`
`Just to give an overview how we got
`
`compound 6 from 3 and then following steps from 3
`
`to 2A or 2B they are essential, and they are again
`
`shown in the following columns.
`
`MS CASSZDY: When you say that these
`
`steps are essential, do you recall whether in the
`
`'u" synthesis :h r
`
`ar oth r
`
`ss ntial steps as
`
`we"
`
`MR TRAINOR: Objection.
`
`A. Yes, certainly.
`
`The Regio specific
`
`acylation giving a compound of the formula A is
`
`certainly a crucial step, and salt formation again
`
`is a crucial step formula. We have 1, yes, on
`
`column 2.
`
`MR TRA:
`
`selective".
`
`A. Yes, Regio selective because the
`
`precursor compound Number 6 in figure 1 has two
`
`202-220-415 8
`
`Henderson Legal Services, Inc.
`WWW.hendersonlegalservices. com
`
`Restricted Confidential - Subject to Protective Order
`
`Petitioner Mylan Pharmaceuticals Inc. — Exhibit 1076A — Page 19
`PFEO1830548
`
`Petitioner Mylan Pharmaceuticals Inc. - Exhibit 1076A - Page 19
`
`
`
`CONFIDENTIAL - ATTORNEYS‘ EYES ONLY
`
`Meese, Claus
`
`January 20, 2015
`
`hydroxy groups and really it was to our experience
`
`surprising that only the phenolic hydroxy groups
`
`react under certain conditions with the respective
`
`acylation agent.
`
`MR TRAINOR:
`
`That is A-C-Y-L-A-T-I
`
`am just helping her.
`
`MS CASSIDY: Why was it surprising that
`
`only the phenolic hydroxy groups reacted under
`
`certain conditions?
`
`A. We didn't expect that before,
`
`because there are two hydroxy groups available and
`
`molecule and we didn't expect a high degree of
`
`specificity.
`
`MS CASSIDY: Was this because you
`
`expected both hydroxy groups to be equally
`
`reactive?
`
`A. Yes, or less or more, but this way.
`
`Q.
`
`I
`
`am going to hand you a document
`
`that has been previously marked as Spar;
`
`Exhibit 11 and it is bearing Bates numbers PT
`
`00000020 through PT 00000052. Actually I
`
`think we
`
`are going to mark that, i: you hand that back to
`
`the Court Reporter. We will mark this as Meese
`
`Exhibit 2.
`
`(?xhibit 2 marked '
`
`=ication)
`
`202-220-415 8
`
`Henderson Legal Services, Inc.
`WWW.hendersonlegalservices. com
`
`Restricted Confidential - Subject to Protective Order
`
`Petitioner Mylan Pharmaceuticals Inc. — Exhibit 1076A — Page 20
`PFEO1830549
`
`Petitioner Mylan Pharmaceuticals Inc. - Exhibit 1076A - Page 20
`
`
`
`CONFIDENTIAL - ATTORNEYS‘ EYES ONLY
`
`Meese, Claus
`
`January 20, 2015
`
`Dr Meese,
`
`i:
`
`you can take a minute to
`
`look at this document and let me know i: you
`
`recognize it?
`
`A. Yes.
`
`Q.
`
`Dr Meese,
`
`what is this document that
`
`i have handed you?
`
`A.
`
`A document the American translation
`
`of our priority patent from May 12th 1998.
`
`Q. And this bears US patent Number
`
`7384980;
`
`is that correct?
`
`A. This paper here, yes.
`
`Q. Yes?
`
`A.
`
`980.
`
`Q. And you are listed as a co—inventor
`
`3engt Spar:;
`
`is that correct?
`
`A. That is correct.
`
`Q. And who is
`
`3engt Spar:?
`
`A. Bengt Sparf is a pharmacologist from
`
`Sweden who was familiar with anti—muscarinic drugs
`
`for many years and at that time he was kind of
`
`consultant for Schwarz Pharma, because this —— no,
`
`no.
`
`Q.
`
`Do you recall how
`
`Dr Spar: became
`
`involved in this project,
`
`in this paten"?
`
`MR TRA: NOR: Objection.
`
`202-220-415 8
`
`Henderson Legal Services, Inc.
`WWW.hendersonlegalservices. com
`
`Restricted Confidential - Subject to Protective Order
`
`Petitioner Mylan Pharmaceuticals Inc. — Exhibit 1076A — Page 21
`PFEO1830550
`
`Petitioner Mylan Pharmaceuticals Inc. - Exhibit 1076A - Page 21
`
`
`
`CONFIDENTIAL - ATTORNEYS‘ EYES ONLY
`
`Meese, Claus
`
`January 20, 2015
`
`A. Well, we researched CEO of Schwarz
`
`Pharma, we needed external input. At that time
`
`the whole project was initiated at Schwarz Pharma,
`
`so this expert was willing to give support.
`
`MS CASSIDY:
`
`Do you recall whether you
`
`had started work on this project prior to Dr Spar:
`
`becoming involved?
`
`A. No, we haven't done anything on this
`
`field before.
`
`MS CASSZDY: What do you understand
`
`Dr Sparf's contribition to the invention described
`
`in the 980 patent to be?
`
`MR TRA:NOR: Objection.
`
`A. Well, his contribution was primarily
`
`in the field of pharmacology and handling of
`
`anti—muscarinic drugs in human and animal studies.
`
`There was no contribution in the field of
`
`chemistry, no significant contribution.
`
`MS CASSZDY: And what do you understand
`
`your contribution to the invention described in
`
`this patent to have been?
`
`MR TRAZNOR: Objection.
`
`A.
`
`I was responsible for the chemistry,
`
`for all chemical aspects.
`
`MS CASSZDY: What do you understand the
`
`202-220-415 8
`
`Henderson Legal Services, Inc.
`WWW.hendersonlegalservices. com
`
`Restricted Confidential - Subject to Protective Order
`
`Petitioner Mylan Pharmaceuticals Inc. — Exhibit 1076A — Page 22
`PFEO1830551
`
`Petitioner Mylan Pharmaceuticals Inc. - Exhibit 1076A - Page 22
`
`
`
`CONFIDENTIAL - ATTORNEYS‘ EYES ONLY
`
`Meese, Claus
`
`January 20, 2015
`
`di
`
`" r nc
`
`b :w n th 650 patent,
`
`the inventions
`
`described in the 650 patent and the invention in
`
`the 980 patent to have been?
`
`MR TRAINOR: Objection.
`
`A.
`
`650 patent,
`
`this and this one?
`
`MS CASSIDY: Yes.
`
`A.
`
`The focus in the 650 patent clearly
`
`was on the formation of stable salts, as the title
`
`says. And the 980 is a more general patent on
`
`many more aspects of drug development.
`
`Q.
`
`i
`
`am going to hand you a document
`
`which will be marked as Meese Exhibit 3, bearing
`
`3ates njmbers PT OOOOOO53 throjgh PT OOOOOO85.
`
`(Exhibit 3 marked ‘or identi‘ication)
`
`A. Does that mean we are done with
`
`these for now?
`
`Q.
`
`You can set them aside for now, we
`
`may come back to them.
`
`Do you recognize this
`
`document, Dr Meese?
`
`A. Give me a second, yes. Okay.
`
`Q.
`
`Do you recognize this document?
`
`A. Yes.
`
`Q. And i: you look in the top right
`
`corner this document is bearing the US patent
`
`number 7855230;
`
`is that correct?
`
`202-220-415 8
`
`Henderson Legal Services, Inc.
`WWW.hendersonlegalservices. com
`
`Restricted Confidential - Subject to Protective Order
`
`Petitioner Mylan Pharmaceuticals Inc. — Exhibit 1076A — Page 23
`PFEO1830552
`
`Petitioner Mylan Pharmaceuticals Inc. - Exhibit 1076A - Page 23
`
`
`
`CONFIDENTIAL - ATTORNEYS‘ EYES ONLY
`
`Meese, Claus
`
`January 20, 2015
`
`A. Yes.
`
`Q. And you and Dr Spar: are named as
`
`co—inventors on this patent, correct?
`
`A. Yes.
`
`Q. And i: you could please turn to the
`
`last page,
`
`the page ending in 3ates Number 085
`
`with the column top 56?
`
`MR TRAINOR:
`
`The last page or column 56?
`
`MS CASSIDY:
`
`Column 56 which should be
`
`on the last page.
`
`MR TRA:NOR:
`
`?xhibit.
`
`" apoiogize.
`
`A.
`
`Column 56 and which number there?
`
`THfi NTfi?PRflTfi?: Which line number?
`
`MS CASSIDY: Starting at line number
`
`l7
`
`right after it says "The invention claimed is,"
`
`then the Number 1?
`
`A. Yeah.
`
`MS CASSIDY: And looking at Claim 1 what
`
`do you understand the di" r nc
`
`b tw n :h 230
`
`patent and the 980 paten' Exhibit 2,
`
`: we were
`
`just looking at to be?
`
`MR TKAINOR: Objection.
`
`"“ you have an
`
`understanding.
`
`A. Yeah. There is a clear difference
`
`202-220-415 8
`
`Henderson Legal Services, Inc.
`WWW.hendersonlegalservices. com
`
`Restricted Confidential - Subject to Protective Order
`
`Petitioner Mylan Pharmaceuticals Inc. — Exhibit 1076A — Page 24
`PFEO1830553
`
`Petitioner Mylan Pharmaceuticals Inc. - Exhibit 1076A - Page 24
`
`
`
`CONFIDENTIAL - ATTORNEYS‘ EYES ONLY
`
`Meese, Claus
`
`January 20, 2015
`
`because the focus of this claim is clearly the
`
`transdermal application of the novel derivatives,
`
`and that was absolutely new and nobody thought of
`
`that before. Not oral, but transdermal.
`
`MS CASSIDY: And what was your
`
`contribution to the invention described in this
`
`patent?
`
`MR TRAINOR: Objection.
`
`A.
`
`Simply spoken nobody thought of this
`
`transdermal application of this kind of normal
`
`compounds. Never before. And I was convinced
`
`that transdermal application has considerable
`
`advantages over oral, orally administered drug.
`
`MS CASSZDY: Okay.
`
`I am handing you a
`
`document that will be mar<ed as Meese Exhibit 4.
`
`It is a document bearing 3ates numbers PT 00000086
`
`through PT 00000ll7.
`
`(Exhibit 4 marked for identification)
`
`Do you recognize this document,
`
`Dr Meese?
`
`A. Sorry. Yes,
`
`I remember it.
`
`Q. And do you understand this document
`
`to be a patent bearing the US patent Number
`
`7985772?
`
`202-220-415 8
`
`Henderson Legal Services, Inc.
`WWW.hendersonlegalservices. com
`
`Restricted Confidential - Subject to Protective Order
`
`Petitioner Mylan Pharmaceuticals Inc. — Exhibit 1076A — Page 25
`PFEO1830554
`
`Petitioner Mylan Pharmaceuticals Inc. - Exhibit 1076A - Page 25
`
`
`
`CONFIDENTIAL - ATTORNEYS‘ EYES ONLY
`
`Meese, Claus
`
`January 20, 2015
`
`Q.
`
`You are a co—inventor on this patent
`
`;
`
`is that correct?
`
`A. Yes.
`
`Q. And what do you understand your
`
`contribution to this,
`
`to the invention in this
`
`patent to have been?
`
`MR TRAZNOR: Objection.
`
`I just object
`
`to this whole line o: questioning.
`
`These are
`
`about questions o:
`
`law. This man is here to
`
`answer questions about facts.
`
`Interpreting pa‘
`
`documents, understanding what claims mean, what
`
`the di"”erence between what one document is and
`
`another,
`
`legal documents, examine as you wish but
`
`i object to this question.
`
`A.
`
`I just want to emphasise my initial
`
`command that I was responsible for the chemistry
`
`and not for other aspects.
`
`MS CASSZDY: Okay. And based on your
`
`recollection do yo; understand —— what is your
`
`understanding is the di" r nc
`
`b tw n th 772
`
`patent and the 230 patent that we just discussed?
`
`MR TRAZNOR: Objection.
`
`A. There is one big difference.
`
`It's
`
`column 53 —— I go back again. Sorry. Sorry, but
`
`it's a couple of years ago so I have to.
`
`202-220-415 8
`
`Henderson Legal Services, Inc.
`WWW.hendersonlegalservices. com
`
`Restricted Confidential - Subject to Protective Order
`
`Petitioner Mylan Pharmaceuticals Inc. — Exhibit 1076A — Page 26
`PFEO1830555
`
`Petitioner Mylan Pharmaceuticals Inc. - Exhibit 1076A - Page 26
`
`
`
`CONFIDENTIAL - ATTORNEYS‘ EYES ONLY
`
`Meese, Claus
`
`January 20, 2015
`
`MR TRAINOR:
`
`Can we give him the
`
`question back and can you please translate it?
`
`MS CASSIDY: Qetore you do, Dr Meese,
`
`can clarijy,
`
`-his is just based on your
`
`recollection, i: you recall what
`
`the di
`
`"erence
`
`was?
`
`A. First I see novel derivatives
`
`prepared by other methods,
`
`some experiments make
`
`polymers loaded with active drug.
`
`I can't find it
`
`now but I know there was a section for benzylic
`
`esters.
`
`Q.
`
`Dr Meese,
`
`this is just based on your
`
`recollection.
`
`I understand it has been some time
`
`since yo; have looked at this, you don't need to
`
`analyze the entire document it you don'_ want
`
`based on your recollection what you have told
`
`should be su
`
`"icient?
`
`A. Okay.
`
`I just remember novel methods
`
`and novel variance, and one of them, an enzymetic
`
`process to get the benzylic esters which could not
`
`be obtained by other methods.
`
`It was completely
`
`new, and that's what I remember right now.
`
`Q.
`
`Dr Meese,
`
`I
`
`am handing you a
`
`document bearing —— marked as Exhibit Number 5
`
`bearing 3ates numbers PT 00000118 through PT
`
`202-220-415 8
`
`Henderson Legal Services, Inc.
`WWW.hendersonlegalservices. com
`
`Restricted Confidential - Subject to Protective Order
`
`Petitioner Mylan Pharmaceuticals Inc. — Exhibit 1076A — Page 27
`PFEO1830556
`
`Petitioner Mylan Pharmaceuticals Inc. - Exhibit 1076A - Page 27
`
`
`
`CONFIDENTIAL - ATTORNEYS‘ EYES ONLY
`
`Meese, Claus
`
`January 20, 2015
`
`00000149.
`
`(Exhibit 5 marked
`
`‘or identi-
`
`=ication)
`
`Dr Meese,
`
`do you recognize this
`
`document?
`
`A.
`
`I will have to have a look at it
`
`first.
`
`Sorry.
`
`Yes.
`
`Q. And
`
`do you recognize this document
`
`to be a US patent bearing patent Number 8338478?
`
`A. Yes.
`
`Q. And
`
`you are listed as co—inventor on
`
`this patent along
`
`with Dr Spar:
`
`;
`
`is that correct?
`
`A. Yes.
`
`Q. And i; you recall what was your
`
`contribution to this patent?
`
`MR TRAINOR: Objection. Talking about
`
`the patent,
`
`the claims?
`
`MS CASS;
`"DY:
`
`Sorry,
`
`to the invention
`
`disclosed in this patent?
`
`A. Well, basically the processes,
`
`and
`
`I mean the chemical processes necessary to make
`
`novel derivatives but —— and I want to emphasise
`
`this, only until 2012, after that it was no longer
`
`Schwarz but UCB that was updating them.
`
`Q.
`
`Dr Meese, do you receive any
`
`fit,
`
`do employees at Schwarz receive any
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`WWW.hendersonlegalservices.com
`
`Restricted Confidential - Subject to Protective Order
`
`Petitioner Mylan Pharmaceuticals Inc. — Exhibit 1076A — Page 28
`PFEO1830557
`
`Petitioner Mylan Pharmaceuticals Inc. - Exhibit 1076A - Page 28
`
`
`
`CONFIDENTIAL - ATTORNEYS‘ EYES ONLY
`
`Meese, Claus
`
`January 20, 2015
`
`"or being named as inventors on patents?
`
`A. Not in financial terms, no.
`
`It is
`
`appreciated but that's all.
`
`Q.
`
`I
`
`am going to hand you a document
`
`which bears the 3ates number —— we will be marking
`
`as Meese Exhibit
`
`6 bearing 3ates numbers PT --
`
`sorry, Exhibit 6?
`
`MR TRAINOR:
`
`Five?
`
`MS CASSIDY:
`
`Six. Exhibit
`
`6 bearing the
`
`Jmbers PT 02019287 through PT 02019292.
`
`Exhibit
`
`6 marked ‘or identi‘ication)
`
`T am also handing you an English,
`
`a
`
`certified English translation o‘ the same document
`
`which we will be marking as
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
