`
`Transcript of Jackson B. Gibbs,
`Ph.D.
`
`Date: July 13, 2017
`Case: Apotex Inc., et al. -v- OSI Pharmaceuticals, Inc. (PTAB)
`
`Planet Depos
`Phone: 888.433.3767
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`WORLDWIDE COURT REPORTING | INTERPRETATION | TRIAL SERVICES
`
`APOTEX EX. 1049-001
`
`
`
` UNITED STATES PATENT AND TRADEMARK OFFICE
` __________________
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
` __________________
` APOTEX INC., APOTEX CORP., APOTEX PHARMACEUTICALS
` HOLDINGS INC., and APOTEX HOLDINGS, INC.,
` Petitioners,
` v.
` OSI PHARMACEUTICALS, INC.,
` Patent Owner.
` __________________
` U.S. Patent No. 6,900,221
` Case No.: IPR2016-01284
` __________________
`
` Deposition of JACKSON B. GIBBS, PH.D.
` Washington, D.C.
` Thursday, July 13, 2017
` 9:57 a.m.
`Job No. 146469
`Pages 1 - 37
`Reported by: Karen Young
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`APOTEX EX. 1049-002
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`Transcript of Jackson B. Gibbs, Ph.D.
`Conducted on July 13, 2017
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`2
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` Deposition of JACKSON B. GIBBS, PH.D., held
`at the offices of:
` COZEN O'CONNOR
` 1200 Nineteenth Street, Northwest
` Washington, D.C. 20036
` (202) 912-4800
`
` Pursuant to notice, before Karen Young,
`Notary Public of the District of Columbia.
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`APOTEX EX. 1049-003
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`Transcript of Jackson B. Gibbs, Ph.D.
`Conducted on July 13, 2017
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`3
`
` A P P E A R A N C E S
`ON BEHALF OF THE PETITIONERS:
` W. BLAKE COBLENTZ, ESQUIRE
` ERIC J. CHOI, ESQUIRE
` COZEN O'CONNOR
` 1200 Nineteenth Street, Northwest
` Washington, D.C. 20036
` (202) 912-4800
`
`ON BEHALF OF THE PATENT OWNER:
` AMY WIGMORE, ESQUIRE
` WILMER CUTLER PICKERING HALE AND DORR LLP
` 1875 Pennsylvania Avenue, Northwest
` Washington, D.C. 20006
` (202) 663-6096
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`Transcript of Jackson B. Gibbs, Ph.D.
`Conducted on July 13, 2017
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`4
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` C O N T E N T S
`EXAMINATION OF JACKSON B. GIBBS, PH.D. PAGE
` By Mr. Coblentz......................... 6
` By Ms. Wigmore.......................... 33
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`Transcript of Jackson B. Gibbs, Ph.D.
`Conducted on July 13, 2017
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`5
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` E X H I B I T S
` (Attached to Transcript)
`Exhibit 1036 Notice of Deposition........... 9
`
` PREVIOUSLY MARKED EXHIBITS
` (Attached to Transcript)
`
`Exhibit 2022 Declaration of Jackson Gibbs,
` Ph.D..................................... 10
`
`Exhibit 1010 Article, Anticancer Drug
` Targets: Growth Factors and Growth
` Factor Signaling......................... 11
`
`Exhibit 1031 Article, Phase I and
` Pharmacologic Study of OSI-774, an
` Epidermal Growth Factor Receptor
` Tyrosine Kinase Inhibitor, in Patients
` With Advanced Solid Malignancies......... 12
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`Transcript of Jackson B. Gibbs, Ph.D.
`Conducted on July 13, 2017
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`6
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` P R O C E E D I N G S
` JACKSON GIBBS, PH.D.,
` having been duly sworn, was examined as follows:
` - - -
` EXAMINATION BY COUNSEL FOR THE PETITIONERS
`BY MR. COBLENTZ:
` Q Good morning, Dr. Gibbs.
` A Good morning.
` Q So the first thing I'm going to do is
`just give a couple introductions just so you know
`who's here and who's talking. My name is Blake
`Coblentz. I'm from the law firm of Cozen O'Connor,
`and I'm here on behalf of petitioners, Apotex, and
`here with me today is Eric Choi, who's also from
`Cozen O'Connor and here on behalf of Apotex, the
`petitioner.
` MS. WIGMORE: And I'm Amy Wigmore from
`the law firm of Wilmer Hale. I'm here on behalf of
`the patent owner.
`BY MR. COBLENTZ:
` Q Well, now that we got that out of the
`way, can you state your full name for the record
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`APOTEX EX. 1049-007
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`Transcript of Jackson B. Gibbs, Ph.D.
`Conducted on July 13, 2017
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`7
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`please?
` A Jackson B. Gibbs.
` Q And can you give me the city and state
`where you live?
` A My -- my residence is Chalfont,
`Pennsylvania.
` Q Dr. Gibbs, have you ever been deposed
`before?
` A No.
` Q So you've never been deposed before? So
`my next question would be how many times, but since
`you've never been deposed before, that's an
`irrelevant question. Have you ever been involved
`in patent litigation matters before?
` A No.
` Q Never submitted a declaration or anything
`in a patent litigation matter?
` A No.
` Q Have you ever been involved in a inter
`partes proceeding before the patent office before?
` A Not to my recollection.
` Q And do you understand that your testimony
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`Transcript of Jackson B. Gibbs, Ph.D.
`Conducted on July 13, 2017
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`8
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`here today is under oath?
` A Yes.
` Q And is there any reason that you can't
`testify truthfully here today, any medications or
`medical conditions that may prevent you from
`testifying truthfully?
` A No.
` Q So since you've never been deposed
`before, let me just establish a couple of ground
`rules. I'll be asking you questions, and if the
`question that I ask is unclear to you, please let
`me know so -- and I'll do my best to clarify that
`question. Do you understand that?
` A Yes.
` Q Your counsel may object to some of my
`questions, but unless your counsel instructs you
`not to answer the question, then you need to answer
`the question that I posed. Do you understand that?
` A I do.
` Q The next thing I will ask is so she can
`get a clear record, that you let me finish my
`question before you answer the question. Do you
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`APOTEX EX. 1049-009
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`Transcript of Jackson B. Gibbs, Ph.D.
`Conducted on July 13, 2017
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`9
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`understand?
` A Yes.
` Q And the last thing I'll tell you is is
`that please make your answers audible answers, so
`no head nods or uh-huhs. Try to answer, if it's a
`yes or no question, with audible yes or nos --
` A Got it.
` Q -- so we can get an accurate report. Do
`you understand that?
` A Yes, yes.
` Q And the last thing I'll tell you, even
`though I said the last one was my last one, the
`last thing I'll tell you, and I don't think you'll
`need this, but if you do need a break, then we --
`please ask me for a break, but if there's a
`question pending, I just ask that you answer that
`question before we take that break. Do you
`understand that?
` A Yes.
` (Deposition Exhibit Number 1036 was
`marked for identification.)
`BY MR. COBLENTZ:
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`Transcript of Jackson B. Gibbs, Ph.D.
`Conducted on July 13, 2017
`
`10
`
` Q So I'm handing you what has been marked
`as Exhibit 1036, and for the record, Exhibit 1036
`is titled "Petitioners' Notice of Deposition of
`Jackson Gibbs, Ph.D. Under 37 CFR Section 42.53."
`Dr. Gibbs, have you seen this document before?
` A It may have been in the exhibits provided
`to me.
` Q Do you understand that you are here today
`pursuant to this deposition notice?
` A Yes, I am.
` Q You can put that away. So I'm handing
`you what's been previously marked as OSI Exhibit
`2022. For the record, this is the declaration of
`Jackson Gibbs, Ph.D. Dr. Gibbs, do you recognize
`this document?
` A I do.
` Q How do you recognize it?
` A I was part of putting this together.
` Q Now, if we go to page 6 of Exhibit 2022,
`you will see that there's a signature on page 6.
`Do you see that?
` A I do.
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`Transcript of Jackson B. Gibbs, Ph.D.
`Conducted on July 13, 2017
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`11
`
` Q Dr. Gibbs, is that your signature?
` A It is.
` Q And it is dated on page 6 April 21st of
`2017. Do you see that?
` A I do.
` Q Now I'd like you to go to page 3 of your
`declaration and specifically look at paragraph 10.
` A Uh-huh.
` Q And I'm focused on the last sentence of
`paragraph 10, where it says, "I have been asked to
`provide factual background and context regarding my
`work at the time of the article that I drafted."
`Do you see that?
` A I do.
` Q And that's referring to the sentence
`right above it when it refers to the Exhibit 1010,
`which is the Jackson Gibbs article, "Anticancer
`Drug Targets: Growth Factors and Growth Factor
`Signaling." Do you see that?
` A Yes.
` Q And you refer to that as the Gibbs
`reference.
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`Transcript of Jackson B. Gibbs, Ph.D.
`Conducted on July 13, 2017
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`12
`
` A Correct.
` Q Now, you would agree with me that the
`sole reason that you provided this declaration was
`to just give the factual background and the context
`regarding your work at the time of the Gibbs
`reference. Isn't that correct?
` A That is correct.
` Q And nowhere in this declaration are you
`providing opinions relating to the validity or
`invalidity of any of the claims of the '221 patent;
`is that correct?
` A That's correct.
` Q I'm handing you what's been previously
`marked as Exhibit 1031.
` MS. WIGMORE: I'll just object. I know
`there were objections the last time this was
`introduced, but I object on the grounds that it's
`not part of the record before the deposition. It's
`not part of Dr. Gibbs' declaration. I also object
`on hearsay, relevance grounds to the article and
`the testimony regarding it.
`BY MR. COBLENTZ:
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`Transcript of Jackson B. Gibbs, Ph.D.
`Conducted on July 13, 2017
`
`13
`
` Q So for the record, Exhibit 1031 is an
`article that was published on July 1st of 2001, and
`in the Journal of Clinical Oncology titled "Phase I
`and Pharmacologic Study of OSI-774, An Epidermal
`Growth Factor Receptor Tyrosine Kinase Inhibitor,
`in Patients With Advanced Solid Malignancies," and
`the first author on that paper is Dr. Hidalgo.
`Dr. Gibbs, do you recognize this article?
` A I may have seen it in 2001.
` Q But you haven't seen it in preparation
`for this deposition?
` A I have not.
` Q Do you know what OSI-774 is?
` MS. WIGMORE: Objection, form.
` A Yes.
` Q What is it?
` A Is an inhibitor of EGFR kinase receptor.
` Q And based on the title of this particular
`document, and feel free to review the document, but
`this is -- it's fair to say this is a description
`of a Phase I study of OSI-774; is that correct?
` MS. WIGMORE: Objection, form,
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`Conducted on July 13, 2017
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`14
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`foundation, scope.
` A Yes.
` Q Now I'd like to go to page 3271 of
`Exhibit 1031, and specifically I'd like you to look
`at table 1, and if we're looking at table 1, you'll
`see on the left side of table 1, there's a column
`for characteristic, and then on the right side,
`there's a column for number of patients. Do you
`see that?
` MS. WIGMORE: And again, I'll object on
`grounds of scope, hearsay, relevance.
` A Yes, I see the table.
` Q And under that, you'll see that the
`number of patients in this study was 40. Do you
`see that?
` MS. WIGMORE: Same objections.
` A Forty is the number in the table.
` Q Now, if we continue down, looking under
`characteristic, we see a -- something that says
`tumor type. Do you see where I'm at?
` A Yes.
` Q And when it says tumor type, we see
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`Transcript of Jackson B. Gibbs, Ph.D.
`Conducted on July 13, 2017
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`15
`
`several different types of tumors listed under
`tumor type. Do you see that?
` MS. WIGMORE: Same objections.
` A I do.
` Q Now, we see one that says as a tumor type
`non-small-cell lung. Do you see that?
` MS. WIGMORE: Same objections.
` A I do.
` Q And beside that, there's the number 4 for
`the number of patients; is that correct?
` MS. WIGMORE: Same objections.
` A Yes.
` Q And so this table is indicating that
`there were four patients with non-small-cell lung
`cancer that were treated in this Phase I study; is
`that correct?
` MS. WIGMORE: Same objections.
` A Yes.
` Q Now if we go to page 3274 and we look in
`the left-hand column, we see a header, it says
`"Antitumor Activity." Do you see that?
` MS. WIGMORE: Same objections.
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`Conducted on July 13, 2017
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`16
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` A I do.
` Q And if we look at the last sentence
`that's in the left-hand column under antitumor
`activity, it says, "In addition" -- "In addition,
`two patients." Do you see where I'm at?
` MS. WIGMORE: Same objections.
` A Hang on. Where's it start?
` Q It says -- it's the last sentence of the
`-- on the left-hand column of antitumor activity,
`it says, "In addition, two patients," and then it
`goes on to the right-hand column. Do you see where
`I'm at?
` A I do.
` Q And here it says, "In addition, two
`patients with colorectal carcinoma and one patient
`each with non-small-cell lung, prostate, cervical
`and head and neck carcinomas, all of whom had
`progressive tumor growth documented immediately
`before treatment, experienced stable disease for at
`least five months. This included one patient with
`head and neck carcinoma who had stable disease for
`15 months." Do you see that?
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`Conducted on July 13, 2017
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`17
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` MS. WIGMORE: Objection, form, relevance,
`foundation, hearsay, scope.
` A That is the sentence, yes.
` Q And you would agree with me that this is
`-- this sentence appears in Exhibit 1031; is that
`correct?
` MS. WIGMORE: Same objection.
` A I do.
` Q Now I'd like you to turn to page 3267,
`which is the first page of Exhibit 1031, and I'd
`like you to look on the right-hand column in the
`italicized text about three quarters of the way
`down where it says, "Presented in part." Do you
`see where I'm at?
` A Okay.
` Q And here in Exhibit 1031, it says that
`this was presented in part at the 35th annual
`meeting of the American Society of Clinical
`Oncology in Atlanta, Georgia on May 15th through
`the 19th, 1999. Isn't that correct?
` MS. WIGMORE: Objection, relevance,
`hearsay, scope.
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`Conducted on July 13, 2017
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`18
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` A That's -- that is what is written.
` Q So I'm handing you what's been previously
`marked as Exhibit 1010. For the record, this is
`the Gibbs reference that was published in January
`of 2000 titled "Anticancer Drug Targets: Growth
`Factors and Growth Factor Signaling." Dr. Gibbs,
`do you recognize Exhibit 1010?
` A I do.
` Q And you are the author that wrote this
`particular article; is that correct?
` A That is correct.
` Q And it was published in January of 2000?
` A Yes. I believe the actual date is
`January 1st.
` Q Do you know when it was submitted for
`publication?
` A Not the exact date.
` Q Do you have a guess?
` MS. WIGMORE: Objection, form.
` A Maybe December.
` Q Of 1999?
` A Correct.
`
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`Conducted on July 13, 2017
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`19
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` MS. WIGMORE: Same objection.
`BY MR. COBLENTZ:
` Q And if we go back to the first page of
`this article, which is page 9 in the lower
`right-hand corner, under your name, it has that you
`worked at the time at Merck Research Laboratories;
`is that correct?
` A That is correct.
` Q And at this particular time, you were the
`senior director of cancer research at Merck; is
`that correct?
` A That is correct.
` Q What were your responsibilities as the
`senior director of research -- of cancer research
`for Merck at this particular point in time?
` A Cancer biology and cancer drug discovery.
` Q So those are the topics. What did you do
`relating to those topics?
` A I directed -- at that time, I directed
`program -- a major program related to drug
`discovery against ras.
` Q Were you looking at specific types of
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`20
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`cancer in -- as of January 2000 for Merck?
` A No.
` Q So you were just looking at cancer in
`general; is that correct?
` A Cancer as it related to ras.
` Q As the ras pathway?
` A Yes.
` Q Is that correct?
` A Yes.
` Q I didn't want her to think you were
`saying rats.
` A No.
` Q So that is R-A-S, ras pathway. Did you
`ever research competitors' product development in
`your role as the senior director of cancer research
`at Merck?
` A Depending on the project.
` Q So is that a yes?
` A Depending on the project, competitor
`information could be made available to us.
` Q And that would be something that you
`would review as a part of your job?
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`21
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` A As it related to my project.
` Q Now, were you asked to publish Exhibit
`1010 by Merck?
` A No.
` Q Do you remember how this paper came
`about?
` A I was invited by the editor, William
`Kaelin. It's in the upper right corner.
` Q You were invited by William Kaelin to
`write this article?
` A That is correct.
` Q Now, if we look at the Gibbs reference
`and the first page of the Gibbs reference here, and
`we look in the left-hand side, or the left-hand
`column, and we see about a third of the way down,
`we see, "Due to editorial restrictions," do you see
`where I'm at?
` A I do.
` Q In here you say, "Due to editorial
`restrictions, limiting the number of references" --
`strike that. Let me start over. What it says here
`is, "Due to editorial restrictions limiting the
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`APOTEX EX. 1049-022
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`
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`Transcript of Jackson B. Gibbs, Ph.D.
`Conducted on July 13, 2017
`
`22
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`number of reference citations, much of the clinical
`data gleaned from abstracts is not listed in the
`references." Do you see that?
` A I do.
` Q What did you mean by that? What sort of
`editorial restrictions?
` A I don't remember in this specific case,
`but often the editors ask the number of references
`to be listed, not to be comprehensive, so I don't
`-- I don't know if the limit was 35 or not.
` Q And you don't -- you don't remember in
`this case because it was 17 years ago; is that
`correct?
` MS. WIGMORE: Objection, form.
` A That is correct.
` Q Now, if we continue to look at your --
`the Gibbs reference here, we go to the next
`sentence in the left-hand column of the first page,
`it says, "Instead, the reader is directed to the
`1999 Proceedings of the American Society of
`Clinical Oncology and the 1999 Proceedings of the
`AACR," dash, "NCI," dash, "EORTC international
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`APOTEX EX. 1049-023
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`Transcript of Jackson B. Gibbs, Ph.D.
`Conducted on July 13, 2017
`
`23
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`conference." Do you see that?
` A I do.
` Q And this 1999 Proceedings of the American
`Society of Clinical Oncology, that's the same
`abstracts and conference that was referenced in
`Exhibit 1031. Isn't that correct?
` MS. WIGMORE: Objection, form and
`relevance, hearsay.
` A The meeting is the same, but the way it's
`referenced is different.
` Q But it is referencing the same meeting,
`correct?
` MS. WIGMORE: Same objections.
` A The same meeting.
` Q Yes.
` A Yes.
` Q So both your Gibbs reference and Exhibit
`1031, the Hidalgo reference, are referencing the
`same 1999 proceedings of the American Society of
`Clinical Oncology meeting; is that correct?
` MS. WIGMORE: Same objections.
` A That is correct.
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`APOTEX EX. 1049-024
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`Transcript of Jackson B. Gibbs, Ph.D.
`Conducted on July 13, 2017
`
`24
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` Q Now, I'd like to go to page 10, which is
`the second page of the Gibbs reference, and
`specifically I want to look at what -- the second
`full paragraph in the left-hand column, and here
`you state, "The EGF receptor is also the target for
`the development of inhibitors of the intracellular
`tyrosine kinase domain. ZD-1839 and CP-358,774,
`competitive inhibitors of ATP binding to the
`receptor's active site, are currently in clinical
`trials." Do you see that?
` A Yes, with the references.
` Q Yes, with the references to 12 and 13.
`Do you see that?
` A Yes.
` Q And so when you're talking about the
`tyrosine kinase inhibitors here, you're only
`referencing two specific compounds, which is the
`ZD-1839 compound and the CP-358,774 compound,
`correct?
` MS. WIGMORE: Objection, form.
` A I was referring to two compounds that had
`moved from preclinical to clinical.
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`APOTEX EX. 1049-025
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`Transcript of Jackson B. Gibbs, Ph.D.
`Conducted on July 13, 2017
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`25
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` Q But you would agree with me that you're
`only mentioning two compounds here, correct?
` MS. WIGMORE: Objection, form.
` A In this paragraph, yes.
` Q So next after the sentence that I just
`read from the Gibbs reference, you state that,
`"Their mechanism of action has led to some concern
`about safety," comma, "given the variety and
`physiological significance of protein kinases and
`other enzymes that bind ATP," and you continue,
`"However, these compounds appear to have good
`anticancer activity in preclinical models with an
`acceptable therapeutic index, particularly in
`patients with non-small-cell cancer." You see
`that?
` A Yes.
` Q And in the sentences I just read, you
`chose to use the words "their" and "these." Isn't
`that correct?
` MS. WIGMORE: Objection, form.
` A Those are the words, yes.
` Q And that indicates plural. Isn't that
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`APOTEX EX. 1049-026
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`Transcript of Jackson B. Gibbs, Ph.D.
`Conducted on July 13, 2017
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`26
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`correct?
` MS. WIGMORE: Objection, form.
` A Yes.
` Q And that plural would refer back, if we
`were reading from above, to the two compounds,
`ZD-1839 and CP-358,774. Isn't that correct?
` A So this -- this paragraph was really in
`the context of the field, encapturing the state of
`the field.
` Q But you would agree with me that you only
`mention two compounds, correct?
` MS. WIGMORE: Objection, form.
` A In this paragraph, yes.
` Q And in this same paragraph, you used the
`words "their" and "these," you would agree with me,
`correct?
` A Yes.
` Q And you would agree with me that "their"
`and "these" are plural, and thus refer to more than
`one compound. Isn't that correct?
` MS. WIGMORE: Objection to form.
` A Yes, and you'll see in table 1, there is
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`APOTEX EX. 1049-027
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`Transcript of Jackson B. Gibbs, Ph.D.
`Conducted on July 13, 2017
`
`27
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`an additional compound listed.
` Q I understand that, but you don't refer to
`table 1 in this paragraph. Isn't that correct?
` A I do not see that reference.
` Q And when you're referring to these two
`compounds and the anticancer activity in
`preclinical models, you mention only one cancer,
`non-small-cell lung cancer. Isn't that correct?
` MS. WIGMORE: Objection, form.
` A That is -- that is the wording in the
`sentence.
` Q And there's no mention of head and neck
`cancers. Isn't that correct?
` MS. WIGMORE: Objection, form.
` A It's not specifically mentioned, but it's
`also not specifically excluded.
` Q But it's not mentioned. Isn't that
`correct?
` MS. WIGMORE: Objection, form.
` A So if you look at the sentence in the
`context of the article and then also my
`declaration, it says anticancer activity in
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`APOTEX EX. 1049-028
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`Transcript of Jackson B. Gibbs, Ph.D.
`Conducted on July 13, 2017
`
`28
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`preclinical models. I up front tell the readers
`that they were going to have to look up some
`references, and in the specific references, 12 and
`13, which is -- 13 is the Moyer reference, and head
`and neck cancer is specifically mentioned in that
`paper.
` Q But you also said in this article that
`due to editorial restrictions, you couldn't include
`some of the data and some of the references. Isn't
`that correct?
` A Yes.
` Q And you also didn't point out
`specifically in the portion that I've read here
`head and neck cancer. Isn't that correct?
` MS. WIGMORE: Objection, form.
` A I disagree with that because head and
`neck could be included under preclinical models,
`which is referenced.
` Q Okay, but you chose to particularly point
`out in this particular sentence only non-small-cell
`lung cancer. Isn't that correct?
` MS. WIGMORE: Objection, form.
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`APOTEX EX. 1049-029
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`Transcript of Jackson B. Gibbs, Ph.D.
`Conducted on July 13, 2017
`
`29
`
` A Yes.
` Q Now I'd like to go back to your
`declaration, and specifically I would like to go to
`page 5, which is paragraph 14, and in the last
`sentence here, you state in paragraph 14 that, "I
`was," and in parentheses, "and still am not aware
`of any published abstracts or articles describing
`the clinical or preclinical response of a NSCLC
`tumor to CP-358,774 that were available as of the
`time my article was published," comma, "and I
`reviewed no such abstracts or articles in drafting
`my article." Do you see that?
` A Yes.
` Q And here you're only referring to
`published abstracts or articles. Isn't that
`correct?
` A That is correct.
` Q Dr. Gibbs, let's go back to Exhibit 1010.
`So you never attempted to offer any sort of
`correction for this publication. Isn't that
`correct?
` MS. WIGMORE: Objection, form.
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`APOTEX EX. 1049-030
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`Transcript of Jackson B. Gibbs, Ph.D.
`Conducted on July 13, 2017
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`30
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` A That is correct.
` Q And you state in your declaration that
`you have written over 128 articles. Isn't that
`correct?
` A That is correct.
` Q And so you have -- you would agree with
`me that you have experience in writing articles
`such as this Gibbs reference. Isn't that correct?
` A That is correct.
` Q And of the 128 articles, have you ever
`asked that an article be retracted?
` A I have not.
` Q And according to your C.V., one of your
`areas of expertise is that you have extensive
`journal editorial experience. Isn't that correct?
` A Yes.
` Q Now I want to go back to your
`declaration, which is Exhibit 2022, and
`specifically look at paragraph 15, and here it says
`that you're being compensated at a rate of $500 an
`hour for the time I spend on this matter. My
`compensation is not dependent on and in no way
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`APOTEX EX. 1049-031
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`Transcript of Jackson B. Gibbs, Ph.D.
`Conducted on July 13, 2017
`
`31
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`affects the substance of my statements in the
`declaration. Do you see that?
` A I do.
` Q How many hours have you spent working on
`this matter?
` A Roughly 20.
` Q And that was 20 hours which you've
`already stated was not to offer an opinion on the
`validity or invalidity of the '221 patent; is that
`correct?
` A That is correct.
` Q And that is 20 hours at $500 an hour to
`remember facts that happened 17 years ago. Is that
`correct, Dr. Gibbs?
` MS. WIGMORE: Objection, form.
` A I was reviewing published documents.
` Q But it was also to remember facts that
`happened 17 years ago; is that correct?
` MS. WIGMORE: Objection, form.
` A I was relying on publications, and I
`spent the time reviewing the information that was
`available at that time in print.
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`APOTEX EX. 1049-032
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`Transcript of Jackson B. Gibbs, Ph.D.
`Conducted on July 13, 2017
`
`32
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` Q But that was not time trying to recall
`what went into your article that happened 17 years
`ago?
` MS. WIGMORE: Objection, form.
` A All that I was asked to recall is why the
`article was written, where the field was
`positioned. It was a very exciting time, moving
`preclinical work into the clinic, and the purpose
`of this article was to bring together the available
`preclinical and clinical data to show that an idea
`was showing traction, was showing evidence that
`things were perhaps going to be therapeutic.
` Q But as we established, that 20 hours that
`you spent working on this were just to establish
`facts and not opinion as to the validity or
`invalidity of the '221 patent; is that correct?
` A That is correct.
` MR. COBLENTZ: Take about a ten-minute
`break and let me see where we're at, okay?
` (Recessed at 10:34 a.m.)
` (Reconvened at 10:40 a.m.)
` MR. COBLENTZ: I've got no further
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`APOTEX EX. 1049-033
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`Transcript of Jackson B. Gibbs, Ph.D.
`Conducted on July 13, 2017
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`33
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`questions.
` EXAMINATION BY COUNSEL FOR THE PATENT OWNER
`BY MS. WIGMORE:
` Q I just have a few questions, Dr. Gibbs.
`Do you have Exhibit 1031 in front of you?
` A Which one is that?
` Q It's the Journal of Clinical Oncology,
`and -- yes, volume 19, number 13. Do you have
`that?
` A Yes.
` Q What is the date on this publication, on
`the first page?
` MR. COBLENTZ: Objection to form.
` A July 1, 2001.
` Q Did you review this publication in
`connection wi
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