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` UNITED STATES PATENT AND TRADEMARK OFFICE
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`----------------------------------------------------------
` MYLAN PHARMACEUTICALS INC.,
` TEVA PHARMACEUTICALS USA,
` INC. and AKORN INC.,
` Petitioners,
` v.
` ALLERGAN, INC.
` Patent Owner.
` _____________________________
` Case IPR2016-01127 (US 8,685,930 B2)
` Case IPR2016-01128 (US 8,629,111 B2)
` Case IPR2016-01129 (US 8,624,556 B2)
` Case IPR2016-01130 (US 8,633,162 B2)
` Case IPR2016-01131 (US 8,648,048 B2)
` Case IPR2016-01132 (US 9,248,191 B2)
`
` CONTAINS CONFIDENTIAL INFORMATION - BOUND SEPARATELY
` DEPOSITION OF MAYSSA ATTAR
` Irvine, California
` Thursday, June 22, 2017
` Volume I
`
`Reported by:
`Gail E. Kennamer, CSR 4583, CCRR
`Job No. 125466
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`MYLAN - EXHIBIT 1038
`Mylan Pharmaceuticals Inc. et al. v. Allergan, Inc.
`IPR2016-01127, -01128, -01129, -01130, -01131, & -01132
`
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` UNITED STATES PATENT AND TRADEMARK OFFICE
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`----------------------------------------------------------
` MYLAN PHARMACEUTICALS INC.,
` TEVA PHARMACEUTICALS USA,
` INC. and AKORN INC.,
` Petitioners,
` v.
` ALLERGAN, INC.
` Patent Owner.
` _____________________________
` Case IPR2016-01127 (US 8,685,930 B2)
` Case IPR2016-01128 (US 8,629,111 B2)
` Case IPR2016-01129 (US 8,624,556 B2)
` Case IPR2016-01130 (US 8,633,162 B2)
` Case IPR2016-01131 (US 8,648,048 B2)
` Case IPR2016-01132 (US 9,248,191 B2)
`
` Deposition of Mayssa Attar, Volume I
`taken on behalf of Petitioner at 3161 Michelson Drive,
`12th Floor, Irvine, California, beginning at 9:17 a.m.,
`and ending at 2:32 p.m., Thursday, June 22, 2017
`before Gail E. Kennamer, CSR 4583, CCRR.
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`APPEARANCES:
`
`For Petitioner Mylan Pharmaceuticals, Inc.:
` WILSON SONSINI GOODRICH & ROSATI
` BY: JAD MILLS, ESQ.
` JACQUELINE ALTMAN, ESQ.
` 12235 El Camino Real
` San Diego, California 92130
`
`For Petitioner Teva Pharmaceuticals USA:
` CARLSON, CASPERS, VANDENBURGH,
` LINDQUIST & SCHUMAN
` BY: GARY SPEIER, ESQ. (Telephonic Appearance)
` 225 South Sixth Street
` Minneapolis, Minnesota 55402
`
`For Patent Owner:
` FISH & RICHARDSON
` BY: SUSAN MORRISON, ESQ.
` JONATHAN SINGER, ESQ.
` 222 Delaware Avenue
` Wilmington, Delaware 19801
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`APPEARANCES (Continued)
`
`Also Present:
` Dr. Daniel A. Bloch
` Ryan H. Coletti - Sr. Director
` Litigation Counsel for Allergan
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` INDEX
`WITNESS EXAMINATION
`MAYSSA ATTAR
`Volume I
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`Page 5
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` BY MR. MILLS 8, 170
` BY MS. MORRISON 166
`
`Questions the witness is instructed or refuses not to
`answer are located on the following pages:
` PAGE LINE
` 34 20
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` EXHIBITS
`NUMBER PAGE
`Exhibit 1033 LinkedIn Profile for 46
` Mayssa Attar
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`Page 6
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` Irvine, California; Thursday, June 22, 2017
` 9:17 a.m.
`
`Page 7
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` MAYSSA ATTAR,
`a witness herein, having been administered an oath, was
`examined, and testified as follows:
`
` THE REPORTER: Would counsel state their
`appearances, please.
` MR. MILLS: Jad Mills with Wilson, Sonsini on
`behalf of petitioner, Mylan Pharmaceuticals, Inc.
` With me I have Jacqueline Altman, also with Wilson,
`Sonsini; and I have Dr. Michael Bloch.
` MR. BLOCH: Correction. Daniel Bloch.
` MR. MILLS: Sorry. Thank you.
` MS. MORRISON: Susan Morrison from
`Fish & Richardson on behalf of Allergan and the witness.
` With me today is Jonathan Singer, also from
`Fish & Richardson; and Ryan Coletti from Allergan.
` THE REPORTER: Counsel, you may proceed.
` MR. MILLS: We have somebody on the phone.
` Could counsel on the phone please announce
`yourselves.
` MR. SPEIER: This is Gary Speier on behalf of
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`Teva.
` THE REPORTER: Thank you.
` Counsel, you may proceed.
`
` -EXAMINATION-
`
`Page 8
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` BY MR. MILLS:
` Q. Thank you.
` Please state your name for the record.
` A. Mayssa Attar.
` Q. And please state your place of business.
` A. Allergan.
` Q. Dr. Attar, do you understand why you're here
`today?
` A. Yes.
` Q. And why are you here today?
` A. So that I can be deposed.
` Q. Have you been deposed before?
` A. Yes.
` Q. How many times have you been deposed?
` A. Once.
` Q. Was that deposition in a patent case?
` A. Yes.
` Q. Did that deposition have anything to do with the
`subject matter of these IPR proceedings?
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` A. No.
` Q. Do you understand what I say when I -- or what I
`mean when I say, "these IPR proceedings"?
` A. I know them to be distinct than the patent case.
`Yeah.
` Q. Okay. So I just want to make sure we're on the
`same page.
` A. Yes.
` Q. So there are six patents --
` A. Yes.
` Q. -- that are at issue; correct?
` A. Okay.
` Q. And there are -- There's an IPR proceeding for
`each of those six patents.
` A. Okay.
` Q. And those patents -- Do you know which patents
`those are?
` A. I -- I know -- Which patents are in the IPR
`proceedings? I know the Restasis patents, yes.
` Q. Okay. And you know what the six Restasis
`patents are that are at issue in the IPR proceedings?
` A. Yes, I do.
` Q. So if I refer to "the patents at issue," you'll
`know which patents I'm talking about?
` A. Yes.
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` Q. Okay. And if there's a specific patent that you
`want to talk about at some point, you can say, "Can we
`talk about this particular patent," if it matters --
` A. Sure.
` Q. -- if there's a difference.
` Okay. And you submitted declarations to the patent
`office in order to obtain the patents at issue in these
`IPR proceedings; correct?
` A. Correct.
` Q. Okay. Because you have only been deposed once
`before, I'm going to just talk a little bit about the
`ground rules in a deposition --
` A. Sure.
` Q. -- as a refresher.
` So we need to make sure we don't speak over each
`other. So it's difficult sometimes. You got to wait to
`make sure I finish my question before you start.
` A. Okay.
` Q. We need to make sure we try not to talk over
`each other so the court reporter can take down everything
`that we say.
` Do you understand?
` A. Okay. Yes.
` Q. It's also important that you give a verbal
`answer to my questions.
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` A. Okay.
` Q. You also understand that you are obligated by
`law to tell the truth to the questions that I ask you?
` A. Yes.
` Q. Okay. Is there any reason that you can't give
`your best testimony today?
` A. No.
` Q. Okay. When did you find out you would be
`deposed in the IPR proceedings?
` A. I would say about a month ago.
` Q. Have you done anything to prepare for your
`deposition today?
` A. I met with my lawyers yesterday.
` Q. Are those the three lawyers seated beside you?
` A. Just two of them, Susan and Jonathan.
` Q. Okay. For how long did you meet with the
`attorneys yesterday?
` A. I would say, roughly, two to three hours.
` Q. Did this meeting take place at Allergan?
` A. Yes.
` Q. Did you review any declarations as part of your
`preparation for your deposition today?
` A. Yes.
` Q. What declarations did you review?
` A. My own.
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` Q. How many of your own declarations did you review
`in preparation for your deposition today?
` A. Just one.
` Q. What patent was that declaration from?
` A. If I recall, sitting here today, it -- I don't
`know if it spoke to -- it called out specific patents, but
`it -- it spoke to the claims that I had reviewed, and
`those would be the ones that were -- would eventually get
`into the Restasis patents.
` Q. When you say the claims that you had reviewed,
`you mean the claims that you had reviewed in preparation
`for your declarations; correct?
` A. Yes.
` Q. And those claims include all of the claims in
`the six Restasis patents?
` A. Yes. Because I would have -- Yes.
` Q. I suppose what I'm trying to find out is you
`have several different declarations in each different
`patent file.
` A. Okay.
` Q. You reviewed one of those. Is that because --
` A. Yes.
` Q. -- the declarations are essentially identical?
` A. Yes.
` Q. Okay. So if we -- If I ask you questions today
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`about one of those declarations, the answers would be the
`same --
` A. Yes.
` Q. -- with regard to the other declarations?
` A. Yes.
` THE REPORTER: Just remember to wait. I know
`it's hard. Thank you.
` THE WITNESS: Will do.
` BY MR. MILLS:
` Q. Other than your declarations, did you review any
`other declarations in preparation for your deposition
`today?
` A. Yes.
` Q. What documents were those?
` MS. MORRISON: Objection to the form.
` You can answer that. Lay a foundation.
` THE WITNESS: I reviewed -- I reviewed a
`publication.
` BY MR. MILLS:
` Q. Other than your declarations and one
`publication, did you review anything else in preparation
`for your deposition today?
` A. I -- I reviewed a study report.
` Q. And the study report is different than the
`publication?
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` A. Yes.
` Q. You only reviewed one study report?
` A. Yes.
` Q. So other than one of your declarations, one
`publication, one study report, did you review anything
`else in preparation for your deposition today?
` A. No.
` Q. What was the publication that you reviewed?
` A. It was a publication by Nussenblatt from -- I
`think it was from the '80s.
` Q. And why did you review the Nussenblatt
`publication?
` MS. MORRISON: Objection. That potentially
`calls for privileged communications.
` MR. MILLS: I'll limit my answer to
`non-privileged communications.
` MS. MORRISON: I don't think the substance of
`the -- I don't think the witness can answer the question
`without revealing the privileged communication.
` Maybe you want to ask a different question and see if
`you can lay a foundation.
` BY MR. MILLS:
` Q. Other than privileged information, are there any
`reasons that you reviewed the Nussenblatt publication in
`preparation for your deposition today?
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` A. No.
` Q. What was the study report that you reviewed in
`preparation for your deposition today?
` A. It was a study report for pharmacokinetic rabbit
`study after nine-and-a-half days of dosing. I believe the
`study number was 98-074, but that's my recollection. We
`would have to, you know, maybe go back and make sure
`that's the right number.
` Q. You reviewed that study report yesterday?
` A. Yes.
` Q. Was that the first time that you reviewed that
`study report?
` A. No.
` Q. When was the first time that you reviewed that
`study report?
` A. Probably sometime after 1999 when I joined
`Allergan was the first time.
` Q. You joined Allergan in 1999?
` A. Yes.
` Q. When you reviewed the PK Study 98-074 in
`preparation for your deposition today, did that refresh
`your recollection regarding anything?
` A. Yes.
` Q. In what ways did your review of the PK Study
`Report 98-074 refresh your recollection?
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` A. The study design.
` Q. Anything in particular regarding the study
`design?
` A. No. Just in general.
` Q. Other than the study design, did your review of
`the Study Report 98-074 refresh your recollection?
` A. No.
` Q. Other than your attorneys, you didn't speak with
`anyone in preparation for your deposition today; correct?
` A. Correct.
` Q. Have you ever spoken with Dr. Loftsson?
` A. No.
` Q. Have you ever spoken with Dr. Sheppard?
` A. No.
` Q. Do you know who Dr. Sheppard is?
` A. No.
` Q. Do you know who Dr. Loftsson?
` A. No.
` Q. Have you ever spoken with a Dr. Maness?
` A. No.
` Q. Do you know who Dr. Maness is?
` A. No.
` Q. Do you know Dr. Schiffman?
` A. Yes.
` Q. Have you ever spoken with Dr. Schiffman?
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` A. Yes.
` Q. Did you speak with Dr. Schiffman in preparation
`for your deposition today?
` A. No.
` Q. Did you speak with Dr. Schiffman while preparing
`your declarations?
` A. At the time that I was preparing the
`declaration, I believe Rhett was still an employee of the
`company. I might have spoken to him, but did I speak to
`him about the declaration? That, I don't recall, Rhett
`Schiffman.
` Q. Prior to submitting your declarations, did you
`speak with Rhett Schiffman regarding the subject matter of
`your declarations?
` MS. MORRISON: Objection to form.
` THE WITNESS: I can't recall.
` BY MR. MILLS:
` Q. As you sit here today, you don't recall ever
`speaking with Rhett Schiffman -- Rhett Schiffman prior to
`filing your declarations regarding the subject matter of
`those declarations?
` A. So certainly, we had been working for a long
`time about the pharmacokinetics and how you develop
`cyclosporin therapies, so the subject matter we would have
`discussed, yes. And did we discuss it specifically as it
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`relates to the declaration, I can't recall right now.
` Q. What types of discussions would you have had
`with Dr. Schiffman regarding the subject matter of the
`declarations?
` A. I can't recall.
` Q. You mentioned that you were deposed before in a
`patent case. What case was that?
` A. What I -- What I know was the patent case
`related to Restasis.
` Q. So you've been deposed once before, and that was
`in a patent case related to Restasis; correct?
` A. Yes.
` Q. And that's the same commercial product that's at
`issue in these IPR proceedings; correct?
` A. Correct.
` Q. And is it your understanding that that is a
`District Court case?
` A. It is -- So what would I say to that? I guess
`so.
` Q. In your deposition in the District Court case,
`did you rely on information that was available in the
`District Court case that's not available in these IPR
`proceedings?
` MS. MORRISON: Objection to the form.
` THE WITNESS: I don't think so.
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` BY MR. MILLS:
` Q. Are you relying for your opinions in these IPR
`proceedings on any information that was available in the
`District Court case, but is not available in the IPR
`proceeding?
` MS. MORRISON: Objection to the form.
` THE WITNESS: Can you repeat the question?
` BY MR. MILLS:
` Q. Sure.
` Are you relying for your opinions in these IPR
`proceedings on any information that was available in the
`District Court case that is not available in the IPR
`proceedings?
` MS. MORRISON: Objection to the form.
` THE WITNESS: I don't think so.
` BY MR. MILLS:
` Q. You mentioned that you began your work at
`Allergan in 1999; correct?
` A. Correct.
` Q. You have been employed at Allergan for
`18-and-a-half years?
` A. Correct.
` Q. And what is your current position at Allergan?
` A. Associate vice president.
` Q. When you began at Allergan 18-and-a-half years
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`ago, you were thought an associate vice president;
`correct?
` A. Correct.
` Q. You began as an associate professional?
` A. Correct.
` Q. What is an associate professional?
` A. It is a lab technician.
` Q. How long were you a lab technician at Allergan?
` A. Let's see here. I would say five to six years,
`roughly.
` Q. Who was your supervisor when you were an
`associate professional at Allergan?
` A. John Ling.
` Q. Can you spell the last name?
` A. Sure. L-i-n-g.
` Q. After five to six years as an associate
`professional, what was your next title at Allergan?
` A. Scientist. Oh, I'm sorry. As a lab technician,
`I was an associate professional, a professional, and then
`a senior professional.
` Q. And your five to six years as a lab tech, does
`that include all three positions that included the word
`professional?
` A. Yes.
` Q. Okay. And in each of those positions, was your
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`supervisor John Ling?
` A. I believe so.
` Q. Did you have any other supervisors at the time
`that you were a professional -- had the professional title
`at Allergan?
` A. I might have had at one point somebody called
`Allison Vickers.
` Q. Can you spell the last name?
` A. Sure.
` V-i-c-k-e-r-s.
` Q. Thank you.
` Anyone else?
` A. No.
` Q. After your position as a senior professional at
`Allergan, you said then you had the job title of
`scientist?
` A. Yes.
` Q. And what is the difference between the job
`responsibilities of a professional versus a scientist?
` A. So a professional was the studies were designed
`primarily by Ph.D.-level scientists, and I had that job
`before I had a Ph.D.
` And then when I got a Ph.D., I became a scientist,
`then I would design the studies myself.
` Q. You were a non-Ph.D. professional from
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`approximately 1999 through 2005 at Allergan; correct?
` A. Correct.
` Q. Beginning in approximately 2005, you received
`your Ph.D. and became a scientist at Allergan; correct?
` A. Correct.
` Q. How long did you remain a scientist at Allergan?
` A. Roughly, one to two years.
` Q. Until approximately 2007?
` A. Yes.
` Q. And at all time points when you were a
`scientist, was your job title simply scientist or were
`there other additions to the title?
` A. That was it.
` Q. What was your next position after being a
`scientist?
` A. Senior scientist.
` Q. Okay. And during what time period were you a
`senior scientist at Allergan?
` A. I would say, again, roughly, let's say, two to
`three years.
` Q. So that was from approximately 2007 to 2010?
` A. Approximately.
` Q. You mentioned that you received your Ph.D. while
`you were working at Allergan; correct?
` A. Correct.
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` Q. Did Allergan support you in obtaining your
`Ph.D.?
` MS. MORRISON: Objection to form.
` THE WITNESS: While I was obtaining my Ph.D., I
`was -- my working hours were accommodated to be able to go
`to school.
` BY MR. MILLS:
` Q. Other than accommodating your working hours, did
`Allergan provide you with any other support to obtain your
`Ph.D.?
` A. Not really.
` Q. Who was your supervisor at Allergan when you
`held the title of scientist?
` A. So it was Allison Vickers, and at some point I
`transitioned to somebody called Devin Welty.
` Q. Who was your supervisor when your job title was
`senior scientist?
` A. Devin Welty.
` Q. Anyone else?
` A. No.
` Q. After you left the title of senior scientist,
`what was your next job title?
` A. Principal scientist.
` Q. What's the difference between a principal
`scientist and a senior scientist?
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` A. I think the best way to describe it is you have
`more autonomy on a project to, say, put together a series
`of studies and how that would answer, you know -- or how
`that would support the overall development of the drug.
` Q. When you are referring to more autonomy on a
`project, are you referring to preclinical studies?
` A. At the point, yes.
` Q. Through the time period in which you were a
`principal scientist, your work at Allergan was limited to
`exclusive preclinical studies; correct?
` A. Correct.
` Q. That would include preclinical pharmacokinetic
`studies?
` A. Yes.
` I'd like to though -- I wouldn't use the word
`preclinical as much as nonclinical, and I'll tell you why.
`Because there might have been a version that we would take
`clinical samples and work at the bench, and so it's not so
`nonclinical.
` Q. And when you say "nonclinical," what you mean is
`that it's not a human trial; correct?
` A. Yes. You're not actively involved in a human
`trial.
` Q. During your time at Allergan, up until you --
`and through the time that you were a principal scientist,
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`were you involved personally in any clinical trials at
`Allergan?
` A. I was not an active study team member, to the
`best of my recollection.
` Q. That means that you were not a participant in
`the clinical trials of Restasis; correct?
` A. Correct.
` Q. Have you ever participated in a clinical trial?
` A. Yes.
` Q. When was the first time you participated in a
`clinical trial?
` A. So as an active study team member on an ongoing
`clinical trial, I would say -- because, like I said, I was
`involved in non- -- nonclinical activities on active
`clinical trials, but where I was actually part of
`reviewing protocols, signing off on things, I would say
`that's going to be around 2014.
` Q. And what was your position in 2014 when you
`first participated actively in a clinical trial?
` A. Director.
` Q. And was that your next position after principal
`scientist?
` A. Yes.
` Q. And just for completeness, during what years
`were you a principal scientist at Allergan?
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` A. Again, it would have been two to three years.
` Q. So that's approximately 2010 through 2013?
` A. I'm thinking.
` That's exactly right, yeah, approximately.
` Q. And then you became a director at Allergan in
`approximately 2013?
` A. Yes.
` Can I make a clarification?
` Q. Sure.
` A. It's -- Well, it's -- So director, we had
`multiple reorganizations. So it was the same essential
`job, but it had the title of director, scientific
`director, and research investigator. For completeness.
` Q. Okay. And just to be clear, that's a different
`job than principal scientist; correct?
` A. Yes.
` Q. So beginning in 2013, you held a different job
`than being a principal scientist, which was sometimes
`called director, sometimes scientific director, and
`sometimes research investigator?
` A. Yes. Approximately, 2013.
` Q. And how long did you hold that job?
` A. Until mid-2014.
` Q. And what was the difference in your job
`responsibilities in the director role as opposed to
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`principal scientist role?
` A. So in the director role, I had multiple Ph.D.
`scientists that were -- that were overseeing programs
`themselves reporting to me directly.
` Q. At that point, were you directly designing the
`studies?
` A. I was -- I'm trying to think, did I have any
`projects of my own at that time. I -- I don't think I was
`directly the one designing at that point.
` Q. Beginning in 2013, you moved from designing the
`projects to approving the projects designed by others;
`correct?
` A. Yes.
` Q. Going back to when you were principal scientist,
`who was your supervisor at Allergan?
` A. So it began as Devin Welty.
` And then became Tim Maziasz.
` Q. Can you spell the last name, please?
` A. Sure. M-a-z-i-s- -- i-a-s-z.
` Q. M-a-z-i-a-s-z?
` A. Maziasz, yeah.
` Q. And, then, who was your supervisor when you were
`a director at Allergan?
` A. It began as Tim Maziasz; then it went to Ron Li,
`L-i; and then it went to Gabriella Szekely.
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` Q. Can you spell the last name, please.
` A. Sure. S-z-e-k-e-l-y.
` Q. You said that you ceased being a director in
`mid-2014; correct?
` A. Correct.
` Q. What was your next job title at Allergan?
` A. Senior director.
` Q. And what was the difference between your
`responsibilities as a senior director as compared to when
`you were a director?
` A. I had an expanded group, a larger group, and
`then expanded scope of responsibility.
` Q. When you say "an expanded scope of
`responsibility," what do you mean by that?
` A. So by that point, all nonclinical and clinical
`pharmacokinetics reported in to me. Pretty sure it was
`all at that point.
` Q. That's why as a senior director, you began
`participating personally in clinical studies?
` A. Exactly.
` Q. And who was your supervisor when you were senior
`director at Allergan?
` A. It began as Gabriella Szekely, and then became
`Paul Trennery.
` Q. How long were you a senior director at Allergan?
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` A. Until January of this year.
` Q. January 2017; correct?
` A. Correct.
` Q. At that point, you became an associate vice
`president?
` A. Yes.
` Q. What were the differences between your job
`responsibilities as associate vice president as compared
`to when you were a senior director?
` A. Yes. Okay. So my -- my responsibilities as a
`senior director evolved over time, and they continued to
`be my responsibilities as an associate vice president, so
`I will explain that.
` So I -- I had, as I have already stated, the
`nonclinical and the clinical pharmacokinetics, and then I
`also had an ADME group as well as an immunology group.
` Q. Can you explain what an ADME group is?
` A. Sure.
` ADME stands for absorption, distribution, metabolism,
`elimination. And so this is a group of bench scientists
`that predominantly run in vitro studies to support
`pharmacokinetic assessments.
` Q. So that's ADME; correct?
` A. Exactly.
` Q. And does the ADME roughly correspond to what you
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`were doing as a director and previous to then?
` MS. MORRISON: Objection to form.
` THE WITNESS: ADME is a supporting science, an
`integral part of pharmacokinetics, yeah.
` BY MR. MILLS:
` Q. Then you mentioned you also had responsibilities
`with immunology?
` A. Yes.
` Q. Can you tell us what those were?
` A. I had an immunology group that had its own group
`head, and their responsibility was predominantly to
`develop immunoassays.
` Q. And in your role as associate vice president,
`did you supervise the development of immunoassays for use
`in relationship to Restasis?
` A. I did not.
` Q. Other than filing your declarations with the
`patent office, did you have any other involvement with
`Restasis during your career at Allergan?
` MS. MORRISON: Objection to the form.
` THE WITNESS: I was a project representative.
` BY MR. MILLS:
` Q. When were you a project representative for
`Restasis?
` A. So let me take that back. Restasis was approved
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`by the time I was a project representative. So what I
`was, is for follow-ons to Restasis; so that's probably
`different.
` Q. Okay. So what is a project representative?
` A. So the way drugs are developed, you have
`multiple functions represented in a team, and I would
`represent pharmacokinetics.
` Q. Okay. And in what years were you a project
`representative for the Restasis follow-ons?
` A. From 200