(cid:55)(cid:85)(cid:68)(cid:81)(cid:86)(cid:70)(cid:85)(cid:76)(cid:83)(cid:87)(cid:3)(cid:82)(cid:73)(cid:3)(cid:46)(cid:68)(cid:87)(cid:75)(cid:85)(cid:92)(cid:81)(cid:3)(cid:38)(cid:68)(cid:79)(cid:68)(cid:80)(cid:72)(cid:15)(cid:3)(cid:51)(cid:75)(cid:17)(cid:39)(cid:17)
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`(cid:39)(cid:68)(cid:87)(cid:72)(cid:29)(cid:3)(cid:49)(cid:82)(cid:89)(cid:72)(cid:80)(cid:69)(cid:72)(cid:85)(cid:3)(cid:20)(cid:27)(cid:15)(cid:3)(cid:21)(cid:19)(cid:20)(cid:25)
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`(cid:38)(cid:68)(cid:86)(cid:72)(cid:29)(cid:3)(cid:48)(cid:92)(cid:79)(cid:68)(cid:81)(cid:3)(cid:51)(cid:75)(cid:68)(cid:85)(cid:80)(cid:68)(cid:70)(cid:72)(cid:88)(cid:87)(cid:76)(cid:70)(cid:68)(cid:79)(cid:86)(cid:3)(cid:44)(cid:81)(cid:70)(cid:17)(cid:3)(cid:16)(cid:89)(cid:16)(cid:3)(cid:42)(cid:72)(cid:81)(cid:72)(cid:81)(cid:87)(cid:72)(cid:70)(cid:75)(cid:15)(cid:3)(cid:44)(cid:81)(cid:70)(cid:17)(cid:3)(cid:68)(cid:81)(cid:71)(cid:3)(cid:38)(cid:76)(cid:87)(cid:92)(cid:3)(cid:82)(cid:73)(cid:3)(cid:43)(cid:82)(cid:83)(cid:72)(cid:3)
`(cid:11)(cid:51)(cid:55)(cid:36)(cid:37)(cid:12)
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`(cid:51)(cid:79)(cid:68)(cid:81)(cid:72)(cid:87)(cid:3)(cid:39)(cid:72)(cid:83)(cid:82)(cid:86)(cid:15)(cid:3)(cid:47)(cid:47)(cid:38)
`(cid:51)(cid:75)(cid:82)(cid:81)(cid:72)(cid:29)(cid:3)(cid:27)(cid:27)(cid:27)(cid:16)(cid:23)(cid:22)(cid:22)(cid:16)(cid:22)(cid:26)(cid:25)(cid:26)
`(cid:41)(cid:68)(cid:91)(cid:29)(cid:3)(cid:27)(cid:27)(cid:27)(cid:16)(cid:24)(cid:19)(cid:22)(cid:16)(cid:22)(cid:26)(cid:25)(cid:26)
`(cid:40)(cid:80)(cid:68)(cid:76)(cid:79)(cid:29)(cid:3)(cid:87)(cid:85)(cid:68)(cid:81)(cid:86)(cid:70)(cid:85)(cid:76)(cid:83)(cid:87)(cid:86)(cid:35)(cid:83)(cid:79)(cid:68)(cid:81)(cid:72)(cid:87)(cid:71)(cid:72)(cid:83)(cid:82)(cid:86)(cid:17)(cid:70)(cid:82)(cid:80)
`(cid:44)(cid:81)(cid:87)(cid:72)(cid:85)(cid:81)(cid:72)(cid:87)(cid:29)(cid:3)(cid:90)(cid:90)(cid:90)(cid:17)(cid:83)(cid:79)(cid:68)(cid:81)(cid:72)(cid:87)(cid:71)(cid:72)(cid:83)(cid:82)(cid:86)(cid:17)(cid:70)(cid:82)(cid:80)
`
`(cid:58)(cid:82)(cid:85)(cid:79)(cid:71)(cid:90)(cid:76)(cid:71)(cid:72)(cid:3)(cid:38)(cid:82)(cid:88)(cid:85)(cid:87)(cid:3)(cid:53)(cid:72)(cid:83)(cid:82)(cid:85)(cid:87)(cid:76)(cid:81)(cid:74)(cid:3)(cid:95)(cid:3)(cid:44)(cid:81)(cid:87)(cid:72)(cid:85)(cid:83)(cid:85)(cid:72)(cid:87)(cid:68)(cid:87)(cid:76)(cid:82)(cid:81)(cid:3)(cid:95)(cid:3)(cid:55)(cid:85)(cid:76)(cid:68)(cid:79)(cid:3)(cid:54)(cid:72)(cid:85)(cid:89)(cid:76)(cid:70)(cid:72)(cid:86)
`
`Mylan v. Genentech
`IPR2016-00710
`Genentech Exhibit 2010
`
`

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` UNITED STATES PATENT AND TRADEMARK OFFICE
`
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`1
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`-----------------------------x
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`MYLAN PHARMACEUTICALS, INC.,:
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` Petitioner, :
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` v. : Cause No. IPR2016-00710
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`GENENTECH, INC., and : US Patent 6,331,415
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`CITY OF HOPE, :
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` Patent Owners.:
`
`-----------------------------x
`
` Videotaped Deposition of KATHRYN CALAME, PhD
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` Chicago, Illinois
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` Friday, November 18, 2016
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` 10:01 a.m.
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`Job No.: 127750
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`Pages: 1 - 251
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`Reported by: Melanie L. Humphrey-Sonntag,
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` CSR, RDR, CRR, FAPR
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`

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`Videotaped Deposition of Kathryn Calame, Ph.D.
`Conducted on November 18, 2016
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` Videotaped deposition of KATHRYN CALAME, PhD,
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`held at the location of:
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`2
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` RAKOCZY, MOLINO, MAZZOCHI, SIWIK, LLP
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` 6 West Hubbard Street
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` Suite 500
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` Chicago, Illinois 60654
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` (312) 527-2157
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` Pursuant to notice before Melanie L. Humphrey-
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`Sonntag, a Certified Shorthand Reporter, Registered
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`Diplomate Reporter, Certified Realtime Reporter, and
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`a Notary Public in and for the State of Illinois.
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`PLANET DEPOS
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`Videotaped Deposition of Kathryn Calame, Ph.D.
`Conducted on November 18, 2016
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`3
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` A P P E A R A N C E S
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` ON BEHALF OF THE PETITIONER:
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` DEANNE M. MAZZOCHI, ESQUIRE
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` NEIL B. MC LAUGHLIN, ESQUIRE
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` RAKOCZY, MOLINO, MAZZOCHI, SIWIK, LLP
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` 6 West Hubbard Street
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` Suite 500
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` Chicago, Illinois 60654
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` (312) 527-2157
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` ON BEHALF OF THE PATENT OWNERS:
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` DARALYN J. DURIE, ESQUIRE
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` DURIE TANGRI, LLP
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` 217 Leidesdorff Street
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` San Francisco, California 94111
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` (415) 362-6666
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`PLANET DEPOS
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`Videotaped Deposition of Kathryn Calame, Ph.D.
`Conducted on November 18, 2016
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`4
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` A P P E A R A N C E S C O N T I N U E D
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` ON BEHALF OF THE PATENT OWNERS CONTINUED:
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` NORA Q. E. PASSAMANECK, ESQUIRE
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` WILMER CUTLER PICKERING HALE AND DORR, LLP
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` 1225 - 17th Street
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` Suite 2600
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` Denver, Colorado 80202
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` (720) 274-3152
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` ON BEHALF OF THE PATENT OWNERS:
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` REBECCA CHARNAS GRANT, ESQUIRE
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` GENENTECH, INC.
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` 1 DNA Way
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` South San Francisco, California 94080-4990
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` (650) 225-1000
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`Videotaped Deposition of Kathryn Calame, Ph.D.
`Conducted on November 18, 2016
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` A P P E A R A N C E S C O N T I N U E D
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` ALSO PRESENT:
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` ON BEHALF OF MERCK:
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` LAURA FAIRNENY, ESQUIRE
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` QUINN EMANUEL URQUHART & SULLIVAN, LLP
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` 51 Madison Avenue
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` 22nd Floor
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` New York, New York 10010
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` (212) 849-7000
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` KATHERINE A. HELM, ESQUIRE
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` SIMPSON, THATCHER & BARTLETT, LLP
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` 425 Lexington Avenue
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` New York, New York 10017
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` (212) 455-2000
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` (Present via telephone)
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` STEPHEN GOETHALS, Videographer
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`PLANET DEPOS
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`Videotaped Deposition of Kathryn Calame, Ph.D.
`Conducted on November 18, 2016
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` C O N T E N T S
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`EXAMINATION OF KATHRYN CALAME, PhD PAGE
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` By Ms. Durie 10
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` By Ms. Mazzochi
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` E X H I B I T S
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` (Attached to transcript.)
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`DEPOSITION EXHIBITS PAGE
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` Exhibit 2003 Institution Decision in IPR 97
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` Exhibit 2004 US Patent No. 3,996,345 156
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` Exhibit 2005 European Patent Specification, 194
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` EP1 532 260 B1
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` Exhibit 2006 Expert Report of Calame in 212
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` MedImmune versus Genentech
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` and City of Hope
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` Exhibit 2007 Harris Declaration, 10/26/06 223
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`Videotaped Deposition of Kathryn Calame, Ph.D.
`Conducted on November 18, 2016
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` E X H I B I T S C O N T I N U E D
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` (Attached to transcript.)
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`PREVIOUSLY MARKED MYLAN EXHIBITS PAGE
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`Exhibit 1002 US Patent No. 4,495,280 140
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`Exhibit 1006 Foote Declaration, 7/27/15 76
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`Exhibit 1027 Harris Article 215
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`PLANET DEPOS
`888.433.3767 | WWW.PLANETDEPOS.COM
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`Videotaped Deposition of Kathryn Calame, Ph.D.
`Conducted on November 18, 2016
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`8
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` P R O C E E D I N G S
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` (Ms. Helm was not present.)
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` THE VIDEOGRAPHER: Here begins Disk No. 1 in
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`the videotaped deposition of Kathryn Calame, PhD.
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`The time is 10:01.
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` This is the matter of Mylan Pharmaceuticals,
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`Inc., and -- versus Genentech, Inc., and City of
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`Hope, PTAB, in the United States Patent and
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`Trademark Office, Case No. IPR2016-00710.
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` Today's date is November 18th, 2016. The
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`videographer today is Stephen Goethals, representing
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`Planet Depos.
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` This video deposition is taking place at
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`6 West Hubbard Street, Chicago, Illinois. Would
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`counsel please voice-identify themselves and state
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`whom they represent.
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` UNIDENTIFIED PHONE VOICE: She is still on a
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`conference call, and it's going to take a little
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`while. Is there a number where she can call you
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`back at?
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` MS. MAZZOCHI: Just keep it on mute and
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`we'll just keep the line open.
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`PLANET DEPOS
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`

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`Videotaped Deposition of Kathryn Calame, Ph.D.
`Conducted on November 18, 2016
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` UNIDENTIFIED PHONE VOICE: Okay.
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` MS. MAZZOCHI: Thanks.
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` MS. DURIE: Daralyn Durie representing
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`Genentech and City of Hope.
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` MS. PASSAMANECK: Nora Passamaneck
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`representing Genentech and City of Hope.
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` MS. GRANT: Rebecca Charnas Grant of
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`Genentech.
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` MS. MAZZOCHI: Deanne Mazzochi on behalf of
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`the Mylan petitioner.
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` MR. MC LAUGHLIN: Neil McLaughlin on behalf
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`of the Mylan petitioner, as well.
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` MS. FAIRNENY: Laura Fairneny, Quinn,
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`10:02:10
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`10:02:10
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`Emannuel, Urquhart & Sullivan, representing Merck.
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`10:02:26
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` THE VIDEOGRAPHER: The court reporter today
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`10:02:26
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`is Melanie Sonntag, Certified Realtime Reporter,
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`representing Planet Depos.
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` Would the reporter please swear in the
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`witness.
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` THE COURT REPORTER: Would you raise your
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`right hand, please.
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` (Witness sworn.)
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`PLANET DEPOS
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`Videotaped Deposition of Kathryn Calame, Ph.D.
`Conducted on November 18, 2016
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`10
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` THE COURT REPORTER: Thank you.
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` MS. DURIE: Good morning.
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` THE WITNESS: Good morning.
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` KATHRYN CALAME, PhD,
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`having been duly sworn, testified as follows:
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` EXAMINATION BY COUNSEL FOR THE PATENT OWNERS
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`BY MS. DURIE:
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` Q Have you ever had your deposition taken
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`before?
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` A I have had.
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` Q On how many occasions?
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` A One.
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` Q What was the subject matter of that
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`deposition?
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` A The subject matter of that deposition had to
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`10:02:55
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`do with the NF-kappa B signaling pathway.
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` Q Did you testify as an expert in that case?
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` A I did.
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` Q By which party were you retained?
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` A I was testifying on behalf of the inventors.
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`10:03:10
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` Q Who were the inventors in that case?
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` A David Baltimore and his group.
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`10:03:15
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`10:03:16
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`PLANET DEPOS
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`Videotaped Deposition of Kathryn Calame, Ph.D.
`Conducted on November 18, 2016
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`11
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` Q Who was the adverse party in that action?
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`10:03:18
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` A You know what? It was a long time ago. I'm
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`10:03:22
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`not sure I remember. It could have been Lilly.
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`I'm -- I can't remember. I'm sorry.
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` Q Do you recall the forum in which that
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`deposition took place?
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` Was it a court case or --
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` A Oh, it -- it was intended to be a court
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`case. And after the deposition we even went to the
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`point of, you know, prepping me to be a witness
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`because it was going to be a trial where expert
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`witnesses would participate.
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` But then there was a -- a judgment by the
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`patent office that did not support the case, so it
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`didn't go forward.
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` Q And approximately when was this?
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` A Approximately around 2008. It was around --
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`about the time I retired from teaching.
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` Q When were you first contacted about the
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`possibility of serving as an expert in connection
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`with this case?
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` A With this case?
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`10:04:32
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`Videotaped Deposition of Kathryn Calame, Ph.D.
`Conducted on November 18, 2016
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`12
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` It's had several little iterations, so I may
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`not be giving you the exactly correct date. But my
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`guess would be around 2014.
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` Q Who first reached out to you about the
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`possibility of serving as an expert in this case?
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` A Now you're going to reveal that I don't
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`remember lawyers' names very well. And there
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`were -- there were different law firms.
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` So there was a law firm that reached out to
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`me. Then the partner in that law -- and I can't
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`remember -- it was a New York law firm. A partner
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`in that law firm left, changed -- I don't know --
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`I don't keep track of all this. And then a
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`different person, you know, eight months later --
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`I don't hear anything, and then they contact me
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`again.
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` Anyhow, that all kind of didn't go forward,
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`and I can't remember details.
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` Then people from the Mylan -- representing
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`Mylan -- reached out to me. That was probably 2014.
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`So that probably means the other one was 2013.
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` In any case, they reached out to me, a
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`PLANET DEPOS
`888.433.3767 | WWW.PLANETDEPOS.COM
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`Videotaped Deposition of Kathryn Calame, Ph.D.
`Conducted on November 18, 2016
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`13
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`different law firm, and then nothing for a while.
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`And then, finally, last spring -- and Neil had
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` So that -- from there on I'm very clear.
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`But before that -- because I've been an expert
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`witness on several other cases, and they just seem
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`to blossom for a few weeks and then you don't hear
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`anything for six months. And I -- so I'm sorry. My
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`time line is very vague.
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` Q Completely understood.
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` When you were initially contacted back in,
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`let's say, around 2013, do you remember which
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`company was involved in that outreach?
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` A I want to say Lilly. I'm not certain.
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` Q And when you were initially contacted by
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`lawyers representing, we think, Lilly back around
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`2013, what, if anything, did you understand the
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`Videotaped Deposition of Kathryn Calame, Ph.D.
`Conducted on November 18, 2016
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`14
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`scope of your proposed engagement to be?
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` MS. MAZZOCHI: I'm going to instruct the
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`witness not to answer because, frankly, it seems
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`like you may be attempting to get at privileged work
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`product communication that belongs to Lilly.
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` And I don't think that's appropriate without
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`a Lilly representative here, for you to invite her
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`to breach any potential privilege or work product in
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`that regard.
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` Q Did you review any documents between the
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`period of time that you were first contacted by a
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`lawyer for Lilly and the time when you were first
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`contacted by a lawyer representing Mylan?
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` MS. MAZZOCHI: Object to form.
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` A Yes.
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` Q What was the source of those documents?
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`Were you provided those documents by a Lilly lawyer,
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`or did you uncover them yourself?
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` A I was provided the documents by the lawyers.
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` Q Okay. What documents did you review during
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`that intervening period of time?
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` MS. MAZZOCHI: And, again, I'm going to
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`Videotaped Deposition of Kathryn Calame, Ph.D.
`Conducted on November 18, 2016
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`15
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`instruct the doctor not to answer because, again, it
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`looks like what you're trying to do is probe
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`privileged communications that may have occurred
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`between Lilly and Dr. Calame, and I don't think it's
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`appropriate for you to do that here.
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` Q Did you review a copy of the Cabilly 2
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`patent during the intervening period of time between
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`2013, when you were first contacted by lawyers
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`representing Lilly, and the period of time when you
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`were first contacted by lawyers representing Mylan?
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` A I don't understand what you mean. Did I
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`review it in that intervening period? I would have
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`really had no reason to do that that I can think of.
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` Q Okay.
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` A I mean, I -- you know, I had seen it when
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`the Lilly people contacted me --
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` Q Okay.
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` A -- but --
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` Q When you were first contacted by lawyers
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`representing Mylan, say in around 2014 --
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` A Uh-huh.
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` Q -- what did you understand the scope of your
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`Videotaped Deposition of Kathryn Calame, Ph.D.
`Conducted on November 18, 2016
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`16
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`engagement to be?
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` A As I -- as I sense is appropriate -- I'm not
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`a lawyer but -- they -- you know, they just asked me
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`to review the Cabilly patent and what my analysis of
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`that was without really telling me much about why.
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`And then, as we discussed it, you know, it -- then,
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`as things continued, it became clear, you know, what
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`their position was and what my analysis of the
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`patent was and that they were considering an IPR,
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`which I didn't -- as a nonlawyer, I was not familiar
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`with that, but they explained that to me.
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` And that my position would be, of course, as
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`an expert witness.
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` Q When you were first contacted by lawyers
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`representing Mylan, were you provided with a copy of
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`the Cabilly 2 patent?
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` A Yes, I believe I was.
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` Q Were you provided with any other materials
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`to review at that time?
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` A My memory of that is that that was
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`incremental and I had to sign certain legal
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`documents before I was provided with additional
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`Videotaped Deposition of Kathryn Calame, Ph.D.
`Conducted on November 18, 2016
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`17
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`materials.
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` Q Okay. So the -- in connection with your
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`work for Mylan, the first document that you reviewed
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`in connection with your work on this case was the
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`Cabilly 2 patent; is that right?
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` A Yes.
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` Q At that point in time, did you understand
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`that Mylan was contemplating a challenge to the
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`Cabilly 2 patent?
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` A Well, as I sort of intimated to you before,
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`they were appropriately neutral when they first
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`contacted me. And when it became clear that we were
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`similarly of the opinion that it was a weak patent,
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`then they did explain to me what their position was
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`and what -- as I say, this IPR -- what they were
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`trying to do.
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` Q When you were first contacted by the lawyers
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`from Mylan, you knew that the Cabilly 2 patent was
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`owned by Genentech and City of Hope; is that right?
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` A Certainly.
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` Q So you knew Mylan was not the owners of the
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`Cabilly 2 patent?
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`Videotaped Deposition of Kathryn Calame, Ph.D.
`Conducted on November 18, 2016
`
`18
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` A That is true.
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` Q Did you understand at that point in time
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`that it was at least probable that Mylan was
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`contemplating some type of challenge to the
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`Cabilly 2 patent?
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` MS. MAZZOCHI: Object to form, calls for
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`speculation.
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` You can answer.
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` Q You can answer.
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` MS. MAZZOCHI: If you can.
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` THE WITNESS: I didn't understand your
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`objection. Could you state it again?
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` MS. MAZZOCHI: I'm sorry.
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` I'm objecting to the form of her -- I'm
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`trying to not give a speaking objection, so I'm
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`objecting to the form of her question to preserve
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`that for the record.
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` And then I also objected to the question
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`because it's calling for speculation because she
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`hasn't laid a foundation that you actually did hold
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`such an opinion.
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` THE WITNESS: Could you rephrase the
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`10:13:32
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`10:13:33
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`Videotaped Deposition of Kathryn Calame, Ph.D.
`Conducted on November 18, 2016
`
`question?
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` MS. DURIE: So I think that's a speaking
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`19
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`objection.
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`BY MS. DURIE:
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` Q But the question is, when you were first
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`contacted by the lawyers for Mylan, did you
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`understand that it was at least probable that they
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`were contemplating some type of challenge to the
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`Cabilly 2 patent?
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` MS. MAZZOCHI: Same objection.
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` A So you're asking me if, when they first
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`contacted me -- no. I actually didn't.
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` You know, I am an academic. I don't think
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`about these legal things very often except when I'm
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`called on for an expert opinion. And I had been
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`retired for a few years, so I hadn't thought about
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`this stuff for a long time. And they were very
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`circumspect.
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` Q Now, at that point in time, when you were
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`first contacted by Mylan, you had previously
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`rendered an opinion with respect to the Cabilly 2
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`patent; is that right?
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`Videotaped Deposition of Kathryn Calame, Ph.D.
`Conducted on November 18, 2016
`
` A That is correct.
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` Q And you had done that in the context of
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`litigation that had been pending between MedImmune,
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`on the one hand, and Genentech --
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` A That is correct.
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` Q -- and City of Hope on the other --
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` A That is correct.
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` Q -- is that right?
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` Did you have any discussions in these
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`initial communications with counsel for Mylan
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`regarding the prior opinion that you had already
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`rendered with respect to the validity of the
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`Cabilly 2 patent?
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` MS. MAZZOCHI: Wait a minute. Let me hear
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`that question back again. I need to hear how you
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`phrased it.
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` MS. DURIE: And I'll read it back.
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` Q Did you have any discussions in these
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`initial communications with counsel for Mylan
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`regarding the prior opinion that you had already
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`rendered with respect to the validity of the
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`Cabilly 2 patent?
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`Videotaped Deposition of Kathryn Calame, Ph.D.
`Conducted on November 18, 2016
`
`21
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` MS. MAZZOCHI: I'm going to object to that
`
`question as seeking privileged and work product
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`communications.
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` And I'll instruct you not to answer that one.
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` MS. DURIE: Okay.
`
` Q Did you have any understanding, when you
`
`were initially retained by Mylan, as to how it was
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`that Mylan had gotten your name?
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` A No, I didn't.
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` Just as a little add-on, it turned out that
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`one of the attorneys had been a postdoctoral fellow
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`for Beverly Davidson, and I had done a sabbatical in
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`that lab, and we had known each other before.
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` But she didn't reach out to me. She told me
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`she was just surprised when my name came up. She
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`said, "Oh, I know her."
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` So we had a personal connection, but I don't
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`think that had much to do with how they identified
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`me. I have no idea how they identified me.
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` Q Okay. Who was that lawyer?
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` A Lori -- and what's Lori's last name?
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` MS. MAZZOCHI: If you don't know, you don't
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`Videotaped Deposition of Kathryn Calame, Ph.D.
`Conducted on November 18, 2016
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`know.
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` A (Continuing.) I don't remember.
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` Q Lori somebody?
`
` A Thank you.
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` Q Which law firm is she associated with?
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` A I'm bad on law firms.
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` I'm sorry. I can't remember her law firm.
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` Q Okay. Now, when you were first approached
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`by counsel for Mylan, you had already formed an
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`opinion in the past that you believed the Cabilly 2
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`patent to be invalid; is that right?
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` A Based on what you, I believe, probably have
`
`available to you as my expert report there, that
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`is -- I stand by that.
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`10:17:06
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` Q When you were first contacted by counsel for
`
`10:17:19
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`Mylan and began to develop your opinions in
`
`connection with this case, did you go back and
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`rereview that expert report that you had submitted
`
`in the MedImmune litigation?
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`10:17:24
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` A That's an interesting question because, when
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`MedImmune settled, the lawyer called me and said,
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`"Destroy everything."
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`Videotaped Deposition of Kathryn Calame, Ph.D.
`Conducted on November 18, 2016
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` And I did. I even destroyed my invoice
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`records, which was kind of stupid. But, anyhow,
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`I didn't have a copy; I didn't have anything.
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` And when the Mylan people contacted me, they
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`did not provide me with a copy of my MedImmune
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`report at that time.
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` Q When the Mylan people contacted you, did
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`they provide you with anything to review as an
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`initial matter in forming your opinions other than
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`the Cabilly 2 patent?
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` A Are you asking me initially when they
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`contacted me? I mean, it was -- it was over
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`several months, and there -- of course, as we went
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`along and as I signed confidentiality agreements and
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`whatnot, then they provided additional materials.
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` Q So let's take it stepwise, and let me start
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`with the first phase, if you will.
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` You were initially provided with a copy of
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`the Cabilly 2 patent to review; is that right?
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` A That would be correct.
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` Q At that point in time were you provided with
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`anything else?
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`Videotaped Deposition of Kathryn Calame, Ph.D.
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` A This would -- "at that point in time" being
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`before I had signed confiden- -- to the best of my
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`memory, I was not.
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` Q Now, in this initial phase in connection
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`with your having been provided the Cabilly 2 patent,
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`did you do any research of your own or look at any
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`materials on your own prior to your next substantive
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`discussions with counsel for Mylan?
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` A To the best of my memory, I did not.
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` Q So there was an initial period of time where
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`the only document that you reviewed was the
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`Cabilly 2 patent; is that right?
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` A Yes.
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` Q Now, at the conclusion of that review of the
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`Cabilly 2 patent, did you form the conclusion that
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`the patent was invalid?
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` MS. MAZZOCHI: Object to form.
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` THE WITNESS: I still have to answer, right?
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` MS. MAZZOCHI: Yes.
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` MS. DURIE: Yes.
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` A At no time did I substantively change my
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`analysis of the Cabilly patent.
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`Videotaped Deposition of Kathryn Calame, Ph.D.
`Conducted on November 18, 2016
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` Q Does that mean that, when you were first
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`contacted by counsel for Mylan, you already had the
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`view that the Cabilly 2 patent is invalid?
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` A Excuse me. I'd already what?
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` Q You already had the view that the Cabilly 2
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`patent is invalid?
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` A Well, since I had done the work for
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`MedImmune, I think that's on the record.
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` Q Okay. And I take it, then, that nothing
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`about your review -- this initial review of the
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`Cabilly 2 patent in the 2014 time frame caused you
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`to change any of the views that you had expressed
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`back in the MedImmune days.
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` A I would say that, on the whole and in
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`principle, they had not. Since I didn't have the --
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`my -- my old 2007 -- or whenever it was -- expert
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`report in front of me, I -- at that time I couldn't
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`remember every detail.
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` But, in principle, I would say that my
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`analysis didn't change.
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` Q Okay. Were you then provided with a next
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`set of documents to review?
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`Videotaped Deposition of Kathryn Calame, Ph.D.
`Conducted on November 18, 2016
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`26
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` MS. MAZZOCHI: Object to form.
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` You can go ahead and answer.
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` THE WITNESS: Okay.
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` MS. MAZZOCHI: I'm just preserving the
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`objection for the record.
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` THE WITNESS: Okay.
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` A I was.
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` Q What was included within that next set of
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`documents?
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` A Oh, my word. You know, we've now got two
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`big notebooks full. And if you're asking me to
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`remember the order in which I was presented with
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`them, I'm afraid I'm going to be disappointing.
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` Yeah. There were -- there were certainly
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`published papers. There were other patents. But
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`I cannot certainly recall the whole list for you.
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` Q Okay. Were you provided a copy of the
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`opinion that Dr. Foote had rendered in the IPR as
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`part of the tranche of documents you received after
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