870
`
`UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF NEW JERSEY
`
`ASTRAZENECA PHARMACEUTICALS
`LP, et al.,
`
`Plaintiffs/Counterclaim-
`Defendants,
`
`CIVIL ACTION NUMBERS:
`
`-vVs-—-
`
`14-cv-03547-RMB-KMW
`
`INC.,
`SAGENT PHARMACEUTICALS,
`Defendant/Counterclaim-Plaintiff.
`
`ASTRAZENECA PHARMACEUTICALS
`LP, et al.,
`
`Plaintiffs/Counterclaim-
`Defendants,
`
`GLENMARK GENERICS,
`
`INC., USA,
`
`14-cv-05539-RMB-KMW
`
`Defendant/Counterclaim-Plaintiff.
`
`15-cv-00615-RMB-KMW
`
`Mitchell H. Cohen United States Courthouse
`One John F. Gerry Plaza
`Camden, New Jersey 08101
`July 14, 2016
`
`BEFORE:
`
`THE HONORABLE RENEE MARIE BUMB
`UNITED STATES DISTRICT JUDGE
`AND A JURY
`
`io©NHDGDBHWHNH
`mSNbNHSNHNHSNHSBHHRKHHHHBHRHRHRHRMO&®BWOSHFHBD©ODNNWHGVB®WHYHBSHFGD
`
`United States District Court
`Camden, New Jersey
`
`AstraZeneca Exhibit 2049 p. 1
`InnoPharma Licensing LLC v. AstraZeneca AB IPR2017-00904
`
`
`
`UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF NEW JERSEY
`
`ASTRAZENECA PHARMACEUTICALS
`LP, et al.,
`
`Plaintiffs/Counterclaim-
`Defendants,
`
`CIVIL ACTION NUMBERS:
`
`-vVs-—-
`
`14-cv-03547-RMB-KMW
`
`INC.,
`SAGENT PHARMACEUTICALS,
`Defendant/Counterclaim-Plaintiff.
`
`ASTRAZENECA PHARMACEUTICALS
`LP, et al.,
`
`Plaintiffs/Counterclaim-
`Defendants,
`
`GLENMARK GENERICS,
`
`INC., USA,
`
`14-cv-05539-RMB-KMW
`
`Defendant/Counterclaim-Plaintiff.
`
`15-cv-00615-RMB-KMW
`
`Mitchell H. Cohen United States Courthouse
`One John F. Gerry Plaza
`Camden, New Jersey 08101
`July 14, 2016
`
`BEFORE:
`
`THE HONORABLE RENEE MARIE BUMB
`UNITED STATES DISTRICT JUDGE
`AND A JURY
`
`io©NHDGDBHWHNH
`mSNbNHSNHNHSNHSBHHRKHHHHBHRHRHRHRMO&®BWOSHFHBD©ODNNWHGVB®WHYHBSHFGD
`
`United States District Court
`Camden, New Jersey
`
`AstraZeneca Exhibit 2049 p. 1
`InnoPharma Licensing LLC v. AstraZeneca AB IPR2017-00904
`
`
`
`io©®©NDBGQWBWHNHBH
`mMbMSNHSNHNHSHSBBHBRHRKHHRHRHRHRKHMO©BWSHFHDBD©ODNNDHGHB®WYHBSHFGD
`
`871
`
`APPEARANCE 8:
`
` BY:
`
`
`
`
`
`
`
`
`McCARTER &
`ENGLISH
`
`
`John
`E. Flaherty. Esquire
`
`R. Patel, Esquire
`Ravin
`Attorneys For AstraZeneca
`
`
`
`
`
`O'MELVENY & MYERS LLP
`
`
`
`
`BY: Lisa Barons Pensabene, Esquire
`Will C. Autz, Esquire
`Carolyn Wall, Esquire
`
`Eberle R. Schultz, Esquire
`
`Daniel O'Boyle, Esquire
`
`
`In House Counsel
`Eric S. Santoro, Esquire
`
`Attorneys for AstraZeneca
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`BRODY & AGNELLO
`CARELLA, BYRNE, CECCHI, OLSTEIN,
`
`
`
`
`BY: Melissa E. Flax, Esquire
`
`
`Christopher J. Buggy, Esquire
`Attorneys for Sagent Pharmaceuticals,
`
`Generics Inc., USA
`
` Inc.,
`
`and Glenmark
`
`
`
`
`
`
`
`
`
`
`
`
`FOLEY & LARDNER LLP
`
`
`BY:
`Steven J. Rizzi, Esquire
`
`Liane M. Peterson, Esquire
`
`
`Debra Lange, Esquire
`
`Hany Rizkalla, Esquire
`Attorneys for Sagent Pharmaceuticals,
`
`Generics Inc., USA
`
`
`
` Inc.,
`
`and Glenmark
`
`Certi
`fied as true and correct as required by Title 28,
`Section 753.
`U.S.C.,
`
`
`/S/ Theodore M. Formaroli,
`CSR, CRR
`
`United States District Court
`Camden, New Jersey
`
`AstraZeneca Exhibit 2049 p. 2
`
`
`
`
`
`
`DIVYESH MEHTA
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`DIRECT EXAMINATION OF DIVYESH MEHTA BY MS.
`
`PETERSON:
`
`
`
`
`
`
`
`
`
`CROSS-EXAMINATION OF DR. MEHTA BY MS. PENSABENE
`
`
`
`
`
`
`
`
`REDIRECT EXAMINATION OF DR. MEHTA BY MS.
`PETERSON:
`
`
`
`872
`
`949
`
`950
`
`
`
`1048
`1104
`
`io©NDGQBRWHNH
`mSbMSNHSHSNHSNHSBHHRHRHRHRHRHRHRHFMO&BWHSHFHBD©ODNDWGVBAWNHHFGD
`
`United States District Court
`Camden, New Jersey
`
`AstraZeneca Exhibit 2049 p. 3
`
`
`
`873
`
`912
`
`949
`
`959
`
`1023
`
`1039
`
`
`
`1040
`
`1047
`
`
`
`mM So
`
`Mm Mm
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`EXHIBITS DTX-545, 546 AND 548 WERE
`
`N EVIDENCE
`
`
`
`BITS JTX-6,
`JTX-7, AND JTX-8 WERE
`
` N EVIDENCE
`
`
`
`
`
`
`
`
`
`
`EXHIBIT DTX-276 WAS RECEIVED IN
`
`JTX-13,
`EXHIBITS' PTX-392, DTX-285,
`
`
`JTX-16, DTX-49,
`DTX-48,
`JTX-17,
`
`
`
`
`
`
`
`
`
`JTX-14, and JTX-10 WERE RECEIVED IN
`
`
`
`
`
`
`
`EXHIBITS DTX-433, 881, 309, 320 AND 311
`
`
`
`
`
`
`
`,IVED IN EVIDENCE
`
`
`
`
`
`EXHIBITS DTX-317 AND DTX-318 WERE
`
`
`‘D
`IN EVIDENCE
`JTX-4, PTX-432,
`JTX-3,
`DANT EXHIBITS JTX-1,
`
`
`
`
`DTX-287, DTX-306 and DTX-307 WERE
`N EVIDENCE
`
`
`
`
`
` ioODONDHGQBAWHNHBH
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`JTX-15,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` OSNONSNHSNHNHBPHBHRHRHRKHKHWKGQ®WNHHFDBD©DODNDHGQWBWNN
`
`United States District Court
`Camden, New Jersey
`
`AstraZeneca Exhibit 2049 p. 4
`
`
`
`
`
`Okay. Are we ready to continue with the deposition
`
`testimony?
`
`
`
`
`
`
`MS. PIROZZOLO-MELLOWES: Yes, we are, Your Honor.
`
`
`THE COURT: Ms. McCleskey,
`
`
`come forward.
`
`
`
`MR. FREITAS: Yes, Your Honor.
`
`(Laughter. )
`
`
`THE COURT:
`
`
`MR. FREITAS: Good morning.
`
`Good morning.
`
`
`THE COURT: Okay. Whenever you're ready.
`
`
`
`
`
`
`
`
`
`
`MS. PIROZZOLO-MELLOWES: We left off at Page 140 of
`
`
`
`
`
`
`the transcript.
`
`THE
`
`MS.
`
`thank you.
`COURT: Yes,
`
`
`
`
`
`PIROZZOLO-MELLOWES: And Ms. Waldron continues
`
`
`
`
`
`the questioning on behalf of defendants.
`
`
`
`(Deposition read as fol
`lows: )
`
`
`
`QO. Let's get back to
`
`
`
`the documents you kept when you were at
`
`
`
`the Lombardi Cancer Center.
`
`
`
`Did I
`
`understand you to say that you did keep
`
`laboratory notebooks?
`
`A.
`
`Yes.
`
`United States District Court
`Camden, New Jersey
`
`AstraZeneca Exhibit 2049 p. 5
`
`
`
`
`
` DEPOSITION - McLESKEY
`
`
`
`
`
`
`
`874
`
`ERK: All rise.
`
` J uly 14, 2016, 9:08 a.m.)
`
`Good morning.
`
` 0
`
`
` EPUTY CL
`
`
`
`(OPEN COURT,
`
`
`THE COURT:
`
`RESPONSE: Good morning, Your Honor.
`
`
`THE COURT: Have a seat.
`
`
`
`
`
`io©NHDGQBHWHNHBH
`
`mSMONHSHSNHSNHBRHBRHRKHHRHRHRHRKHMO&BWHSHBHDBD©ODNDGDB®WYHSHFGD
`
`09:08AM
`
`09:09AM
`
`09:09AM
`
`09:09AM
`
`09:09AM
`
`
`
`io©NHDGQBHWHNHBH
`
`mSMONHSHSNHSNHBRHBRHRKHHRHRHRHRKHMO&BWHSHBHDBD©ODNDGDB®WYHSHFGD
`
`09:09AM
`
`09:09AM
`
`09:10AM
`
`09:10AM
`
`09:10AM
`
`
`
`
`
`
`
`DEPOSITION —
`
`
`
`
`
`McLESKEY
`
`875
`
`Q.
`
`A.
`
`Q.
`
`A.
`
` Did you have any raw data of
`
`
`
`It was in the laboratory notebooks.
`
`It would be pasted in the lab notebooks?
`
`any kind?
`
`Why do you think raw data would not be on the same piece
`
` of paper as the lab notebook?
`
`Q. Actually,
`
`I don't know one way or the other.
`
`
`I want
`
`
`to
`
`know what your particular procedure was.
`
`A. Well, most of the time, you're writing the laboratory
`
`
`like, a printout or something,
`
`then you
`
`
`
`notebook.
`
`If you get,
`
`
`
`
`
`would paste that
`
`in the laboratory notebook.
`
`Got it. Did you keep anything on the computer?
`
`
`Q.
`
`A.
`
`Yes.
`
`
`
`
`
`Q. What did you keep on the computer?
`
`A. Well,
`
`
`
`remembering that computers were not as good as they
`
`have to enter it into the
`
`
`are now, when I got data,
`
`
`I would
`
`
`
`computer,
`
`like,
`
`into a graphing program,
`
`
`for instance, and
`
`
`
`
`
` then it would draw the graph and I would print the graph. But
`
`
`
`the -- but
`
`the data in the computer was the same as in my --
`
`
`hopefully, as in my lab notebook.
`
`Q.
`
`You didn't create, say, Word
`
` files and keep them on a
`
`computer?
`
`A.
`
`QO.
`
`Oh, yes, but that's not data.
`
`
`type of
`
`information or documents,
`
`Okay.
`
`I see. What
`
`
`
`
`
`if
`
`any, would you have saved on a computer?
`
`
`The drafts of the paper,
`
`
`
`the
`
`
`
`
`-- after I entered the data
`
`A.
`
`United States District Court
`Camden, New Jersey
`
`AstraZeneca Exhibit 2049 p. 6
`
`
`
`io©NHDGQBHWHNHBH
`
`mSMONHSHSNHSNHBRHBRHRKHHRHRHRHRKHMO&BWHSHBHDBD©ODNDGDB®WYHSHFGD
`
`09:10AM
`
`09:11AM
`
`09:11AM
`
`09:11AM
`
`09:11AM
`
`
`
`
`
`itself,
`I guess you would say,
`
`
`
`that was saved to the computer.
`
`the graph
`
`
`
`
`
`
`
`
` ON - McLESKEY
`
`DEPOSIT
`
`876
`
`to make a graph,
`
`that would be saved,
`
`
`be the data from the lab notebook that
`
`
`
`oO f course, but it would
`
` entered.
`
`So it's,
`
`like,
`
`
`
`a copy and -- and also the graphics file, picture a
`
`graph
`
`».
`
`I don't know how you would say that, but
`
`
`
`
`But
`also, of course, printed it.
`
`Q.
`
`Do you have knowledge as
`
`
`to whether anyone in your group
`
`had documents saved to a comput
`
`Astrazeneca?
`
`
`ter that had originated from
`
`A.
`
`
`I don't have knowledge about anybody else in my group
`
`
`
`excep
`
`a.om ct
`
`OoPOPOPOP
`
`
`
`tc me.
`
`
`
`
`Did you have any documents originating from AstraZeneca
`
`related to Ms. McCleskey 1998 saved to a computer?
`
`Are you speaking about
`
`data?
`
`Anything.
`
`For example
`
`Saved to a computer?
`
`
`of proposed investigation --
`like a statement
`
`Yeah,
`
`
`
`Oh, no --
`
`-- sample requests?
`
`—- no, no.
`
`
`Did you have data that
`
`originated
`
`
`from Astrazeneca saved
`
`computer?
`
`No.
`
`
`
`Did you have any binders or personal notebooks separate
`
`
`from your lab notebooks in which you kept
`
`information
`
`
`
`United States District Court
`Camden
`, New Jersey
`
`
`
`AstraZeneca Exhibit 2049 p. 7
`
`
`
`io©NHDGQBHWHNHBH
`
`mSMONHSHSNHSNHBRHBRHRKHHRHRHRHRKHMO&BWHSHBHDBD©ODNDGDB®WYHSHFGD
`
`09:11AM
`
`09:12AM
`
`09:12AM
`
`09:12AM
`
`09:12AM
`
`
`
`
`
`
`
`
`
`
`
`DEPOSITION - McLESKE
`
`877
`
`regarding Mcheskey 1998?
`
`A.
`
`I had binders with the tumor data,
`
`
`the tumor measurements
`
`in pictures of
`
`mice.
`
`OQ.
`
`Any other
`
`
`places where you would have had information
`
`related to McLeskey 1998,
`
`that we haven't talked about?
`
`A.
`
`No.
`
`Q.
`
`Now,
`
`you mentioned,
`
`
`
`
`if I understood
`
`you correctly,
`
`
`
`believe you testified that you destroyed your technical
`
`
`
`documents
`
`
`related to MchLeskey 1998 in the beginning of
`
`
`
`that right?
`
`June 2014;
`
`is
`
`A. Correct.
`
`QO. What
`
`did you mean by "destroyed?"
`
`How did you destroy
`
`them?
`
`OoPOPOPOP
`
`
`
`just threw them in the trash.
`
`Just a regular trash bin?
`
`Yeah.
`
`Where was this trash bin?
`
`At my school.
`
`What school?
`
`
`The University of Maryland School o1
`
`
`
`fF Nursing.
`
`
`
`Do you know what happened to the documents after you
`
`threw them in the trash bin?
`
`A.
`
`No.
`
`Q. When you le!
`
`
`ft Lombardi Center and took your technical
`
`documents with you,
`
`was it your understanding that that was
`
`
`
`
`
`United States District Court
`Camden, New Jersey
`
`AstraZeneca Exhibit 2049 p. 8
`
`
`
`mSMONHSHSNHSNHBRHBRHRKHHRHRHRHRKHMO&BWHSHBHDBD©ODNDGDB®WYHSHFGD okay by the rules, b
`
`
`
`
`
`
`
`
`
`DEPOSITION - McLESKEY
`
`878
`
`y Lombardi's policies?
`
`ny understanding about that.
`
`at document retention policies Lombardi
`
`ace at the time?
`
`1 just say "you" to start, and then we
`
`t Lombardi Center. When you got a
`
`
`
`t, say,
`
`
`
`
`a certificate of service or MSDS
`
`at, what did you do with it? Where was
`
`kept?
`
`
`
`
`at a certificate of service is.
`
`
`e required to keep MSDSs
`
`in the notebook
`
`hemicals that we had in the lab,
`
`so that's
`
`
`
`
`
`A.
`
`OQ.
`
`I didn't have a
`
`
`Did you know wh
`
`
`would have had in pl
`
`A.
`
`No.
`
`Q. When you -- I'l
`
`will be talking abou
`
`document on a projec
`
`
`or something like th
`
`something like that
`
`A.
`
`I don't know wh
`
`
`The -- we wer
`
`
`in the lab for alloc
`
` what we did.
`
`
`So MSDSs woul
`
`d be kept
`
`in the laboratory notebooks,
`
`correct?
`
`(Reading stopped.)
`
`
`
`MR. FREITAS:
`
` apologize.
`
`
`
`Ask it again.
`
`
`
`
`MS. PIROZZOLO-MELLOWES:
`
`io©NHDGQBHWHNHBH
`
`09:12AM
`
`09:13AM
`
`09:13AM
`
`09:13AM
`
`09:13AM
`
`
`
` THE COURT:
`
` THE COURT:
`
`
`
`the question.
`
`You have to read -- he
`
`Yes.
`
` follows: )
`
`be kept
`
`in the laboratory notebooks,
`
`inadvertently reread
`
`
`
`
`— Deposition read as
`
`QO.
`
`So MSDSs would
`
`
`correct?
`
`United States District Court
`Camden, New Jersey
`
`AstraZeneca Exhibit 2049 p. 9
`
`
`
`io©NHDGQBHWHNHBH
`
`mSMONHSHSNHSNHBRHBRHRKHHRHRHRHRKHMO&BWHSHBHDBD©ODNDGDB®WYHSHFGD
`
`09:13AM
`
`09:14AM
`
`09:14AM
`
`09:14AM
`
`09:14AM
`
`
`
`
`
`
`
`
`
`DEPOSITION - McLESKEY
`
`879
`
`No, not
`
`in -- not where we had the data. We had separate
`
`
`notebook for
`
`MSDSs.
`
` MSDSs had their own notebook?
`
`
`
`That's correct.
`
`
`
`What about certificates of analysis?
`
`Didn't usually keep those.
`
`
`
`
`
`
`
`They're
`
`-- why not?
`
`Didn't
`
`
`feel that we needed them.
`
`
`
`
`Who retained custody of documents as they came in on the
`
`key 1998 project?
`
`
`
`
`
`I don't
`
`know what you're talking about, what documents.
`
`
`
`Do you recall how samples got shipped into the facility,
`
`whether,
`
`say,
`
`they went
`
`depos
`
`itory?
`
`to a mailroom or a specific sample
`
`They went
`
`to the mailroom.
`
`And then that -- that would happen?
`
`The mail people would bring them to us.
`
`Would you then keep the samples in your lab?
`
`Yes.
`
` understand you correctly that at the time you
`And did I
`
`
`were a postdoc in Dr. Kern's lab, you were not aware of the
`
`
`
`policies and procedures that Lombardi Center had in place with
`
`regard
`
`
`to retention of documents;
`
`is that right?
`
` Not only was I not aware of anything they had in place,
`
`
`
`
`
`A.
`
`
`
`
`was not aware if -- whether they had anything in place.
`
`United States District Court
`Camden, New Jersey
`
`AstraZeneca Exhibit 2049 p. 10
`
`
`
`
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`A.
`
`
`
`think not.
`
`Who had access to your laboratory notebooks besides you?
`
` Dr. Kern.
`
`Anyone else?
`
`Well,
`
`the other people in the lab would have, had they
`
`
`I don't know that they ever did --
`
`
`
`wanted it, but
`
`(Reading stopped.)
`
` THE COURT:
`
`
`
`So could have.
`
`United States District Court
`Camden, New Jersey
`
`AstraZeneca Exhibit 2049 p. 11
`
`mSMONHSHSNHSNHBRHBRHRKHHRHRHRHRKHMO&BWHSHBHDBD©ODNDGDB®WYHSHFGD Q.
`
`
`
` If you received ancillary paperwork with samples, such as
`
`
`
`a certificate of analysis or something like that, what would
`
`recorded the
`receipt of
`
`
`
`
`
`
`
`
`
`DEPOSITION - McLESKEY
`
`880
`
`
`
`
`that document --
`
`you have
`
`(Reading stopped.)
`
`
`
` THE COURT:
`
`"Would you."
`
`
`
`Deposition read as follows:)
`
`
`recorded the
`receipt of that document
`
`— Q
`
`.
`
`Would you have
`
`in
`
`your
`
`laboratory notebook?
`
`A.
`
`Q.
`
`send
`
`A.
`
`Q.
`
`No.
`
`Did Lombardi
`
`
`require you to make copies of anything and
`
`them on to a document repository or anything like that?
`
` No.
`
`To your knowledge, were the documents that you were
`
`keeping in your lab the only copies?
`
`A.
`
`Q.
`
`
`
`
`As far as I knew.
`
`
`
`Are you aware of whether copies were ever made of your
`
`laboratory notebooks?
`
`io©NHDGQBHWHNHBH
`
`09:15AM
`
`09:15AM
`
`09:15AM
`
`09:15AM
`
`09:15AM
`
`
`
`
`
`
`
`
`
`
`
`DEPOSITION - McLESKEY
`
`881
`
`
`
`
`
`MR. FREITAS:
`
`Pardon me.
`
`—
`
`
`
`Deposition read as follows:)
`
`A. Well,
`
`the other people in the lab could have had they
`
`wanted it, but
`
`ever did.
`
`
`I don't know what
`
`they ever did -- that they
`
`
`
`Q.
`
`In the conversation that you just referred to, when you
`
`
`
`communicated with Mr. Trock, what did you discuss with
`
`Mr. Trock?
`
`A.
`
`He -- I
`
`
`think he,
`
`I don't remember a whole lot about
`
`
`the
`
`conversation, but he said that he had been just about
`
`
`
`to
`
`
`
`
`discard the data from -- from this paper when they called.
`
`io©NHDGQBHWHNHBH
`
`09:15AM
`
`09:16am 10]
`
`11
`
`12
`
`14
`
`o9:16eam 15]
`
`17
`
`18/
`
`19
`
`09:16am 20]
`
`No.
`
`
`
`
`Q. When who called?
`
`
`
`
`
`13|} A.
`
`The -- the lawyers that were doing the Teva thing, Mary
`
` Burke and company.
`
`QO.
`
`I'm sorry.
`
`
`I believe you just said,
`
`
`"Mary Burke did not
`
`
`16 ask me not
`
`to destroy documents."
`
`A.
`
`She did not say, Don't destroy documents. When she said
`
`
`that,
`
`
`I do not know.
`
`Q. Mary Burke never told you to preserve your documents
`
`
`related to McLeskey 1998?
`
`21| A. Correct.
`
`22
`
`Q.
`
`Did anyone Mary Burke worked with ever tell you not
`
`
`
`
`
`
`to --
`
`
`
`23 tell you that you must preserve your documents related to
`
`24|McLeskey 1998?
`
`o9:l6eam 25] A.
`
`United States District Court
`Camden, New Jersey
`
`AstraZeneca Exhibit 2049 p. 12
`
`
`
`
`
`
`
`
`
`
`
`DEPOSITION - McLESKEY
`
`882
`
`1/0.
`
`Now,
`
`I believe you said earlier that you recall speaking
`
`
`
`2| with three people at AstraZeneca, Dr. Wakeling, Dr. Vose, and
`
`3|
`
`a third person whose name you don't remember;
`
`is that correct?
`
`
`
`
`
`4|A. Correct.
`
`09:16AM
`
`5|Q.
`
`
`Do you recall approximately how many times you spoke with
`
`
`
`6| Dr. Wakeling?
`
`7| A.
`
`Twice.
`
`8/
`
`9}
`
`QO. Was this via telephone or by some other means of
`
`
`
`
`communication?
`
`o9:i7am 10] A.
`
`Telephone.
`
`11/
`
`QO.
`
`Who called who?
`
`12/} A.
`
`I called him.
`
`
`13|}
`
`QO.
`
`Both times?
`
`
`14; A.
`
`Yes.
`
`o9:17aM 15] Q.
`
`16| A.
`
`
`
`Why did you call Dr. Wakeling?
`
`
`
`The first time I called to get him to send me the drug
`
`
`
`
`
`
`18|called to tell him we had used the drug he sent the first time
`
`
`and find out how to administer it to mice.
`
`The second time
`
`17|
`
`19}
`
`
`
`
`and that I needed more drug.
`
`
`
`
`
`09:17AM 20] Q.
`
`Did Dr. Wakeling require you to fill out any paperwork or
`
`
`
`
`21|
`
`
`
`do anything in writing before you received samples of drugs?
`
`
`
`22|} A.
`
`Not me.
`
`23/
`
`24]
`
`QO.
`
`Did he require that someone fill out some sort of
`
`
`
`
`paperwork before samples would be shipped?
`
`o9:17aM 25] A.
`
`TI don't know.
`
`United States District Court
`Camden, New Jersey
`
`AstraZeneca Exhibit 2049 p. 13
`
`
`
`mSMONHSHSNHSNHBRHBRHRKHHRHRHRHRKHMO&BWHSHBHDBD©ODNDGDB®WYHSHFGD Q.
`
`
`
`
` T
`
`DEPOS
`
`
`
`
`
`ON - McLESKEY
`
`883
`
`
`What did Dr. Wakeling tell you in response to your
`
`
`
`
`that you wanted AstraZeneca to send you samples of
`
`request
`
`drugs?
`
`A.
`
`
`He told me that I should give it to the mice as it
`
`outlined in this paper and that he would ship it.
`
`Q.
`
`A.
`
`Q.
`
`A.
`
`
`
`
`
`Basically, an okay-I'll-take-care-of-it type thing?
`
`Um-hum.
`
`
`How many times did you speak with Dr. Vose?
`
`Once -- that -- assume that he was not
`
`the second -- the
`
`
`
`
`person I don't know who it is, but --
`
`Right.
`
`
`
`-- I know I spoke with him once.
`
`
`
`Did you ever communicate with Dr. Wakeling in writing
`
`either by e-mail or
`
`letter?
`
`
`
`Not that I recall.
`
`Okay.
`
`
`So you said you spoke with Dr. Vose once;
`
`is that
`
`io©NHDGQBHWHNHBH
`
`09:17AM
`
`09:18AM
`
`09:18AM
`
`09:18AM
`
`09:18AM
`
`
`
`Q.
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`
`
`right?
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`with
`
`Um-hum.
`
`Was this on the phone?
`
`Yes.
`
`Did you ever have any written communications with him?
`
` Not
`
`to my -- not that
`
`
`I remember.
`
`On the one incident -- one instance that you did speak
`
`
`Dr. Vose, who called who?
`
`
`
`called him.
`
`United States District Court
`Camden, New Jersey
`
`AstraZeneca Exhibit 2049 p. 14
`
`
`
` Because
`
`
`A.
`
`Q.
`
`mSMONHSHSNHSNHBRHBRHRKHHRHRHRHRKHMO&BWHSHBHDBD©ODNDGDB®WYHSHFGD Q.
`
`io©NHDGQBHWHNHBH
`
`09:18AM
`
`09:19AM
`
`09:19AM
`
`09:19AM
`
`09:19AM
`
`
`
`
`
`
`
`
`
`ESKEY
`
`DEPOSITION - McL
`
`854
`
`
`Why did you call Dr. Vose?
`
`
`Dr.
`
`Wakeling told me to call him to get
`
`
`
`formulated drug.
`pre
`
`
`Do I understand that you talked
`
`
`
`
`to Dr. Wakeling about
`
`Vose about obtaining
`
`
`
`
`receiving powdered
`CI
`182,780 and Dr.
`
`
` C 182,780?
`
`pre
`
` formulated
`
`A.
`
`Q.
`
`
`
`
`
`Q.
`
`At separat
`
` I'm just
`trying to understand.
`
` te times.
`
`that you talked to these guys about
`
`
`
`
`
`think I understand the
`
`
`
`
`two different
`
`things.
`
`
`
`
`
`
`Do I understand correctly that you talked to
`
`
`
` CI
`Wakeling about receiving powdered
`182,780?
`
`Correct.
`
`And then
`
`do
`
`ly that you talked to
`
`
`
`
`
`Vose about receiving the preformulated ICI
`182,780?
`
`
`I understand correct
`
`
`
`
`
`Much later.
`
`
`
`That's a good point
`
`
`Do you recall
`
`approximately when, or do you recall the
`
`Much later?
`
`
`approximate dates on which you talked to Dr. Wakeling?
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`No.
`
`Year?
`
`
`I don't know.
`
`
`
`But you know you talked to Dr. Vose much later. What do
`
`you mean by "much later?"
`
`A.
`
`the
`
`
`When I
`
`
`talked to Dr. Wakeling initially,
`
`then he sent me
`
`drug,
`
`then we used the drug in mice and also in in vitro
`
`United States District Court
`Camden, New Jersey
`
`AstraZeneca Exhibit 2049 p. 15
`
`
`
`
`
`io©NHDGQBHWHNHBH
`
`mSMONHSHSNHSNHBRHBRHRKHHRHRHRHRKHMO&BWHSHBHDBD©ODNDGDB®WYHSHFGD
`
`09:20AM
`
`09:20AM
`
`09:20AM
`
`09:20AM
`
`09:21AM
`
`
`When you spoke to Dr. Vose,
`
`
`
`
`shipping you samples of preformulated 182,780?
`
`what did he tell you about
`
`Q.
`
`A.
`
`Q.
`
`A.
`
`He said he would.
`
`Did he say anything else?
`
`Not
`
`to my remembrance.
`
`
`
`
`
`
`
`
`
`
`
`
`
`DEPOSITION - McLESKEY
`
`885
`
`studies and we used it all up.
`
`SO
`
` I don't know how long that
`
`took, but
`
`
`
` I would say a matter of
`
`months, anyway, maybe a
`
`year.
`
`Then we needed more drug so
`
`
`called Dr. Wakeling
`
`again,
`
`
`ld me to call Dr. Vose.
`
`that's when he tol
`
`Q.
`
`
`
`And the powdered
`CI
`182,780 would have been what you --
`
`what was dissolved in ethanol and then spiked into the peanut
`
`oil?
`
`A.
`
`Correct.
`
`
`
`Q.
`
`
`Did he reguire that you do anything before he sent
`
`
`
`
`
`
`
`
`
` C 182,780?
`sent
`the
`files of pre Formulated
`
`the --
`
`A.
`
`Q.
`
`No.
`
`Do you know whether anyone in your lab had to complete
`
`
`fore AstraZeneca would send the lab
`any type of paperwork bet
`
`
`
`
`preformulat
`
`ted 182,780?
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`
`I do not know.
`
`Who would know?
`
`
`Possibly Dr.
`
`Kern.
`
`Okay.
`
`And now the third person that you spoke to, was
`
`
`
`before or aft
`this
`fter you talked to
`
` Dr. Vose?
`
`
`
`A.
`
` After.
`
`United States District Court
`Camden, New Jersey
`
`AstraZeneca Exhibit 2049 p. 16
`
`
`
`
`
`ioODNNDHGDBHWDNHBH
`
`mSMONHSHSNHSNHBRHBRHRKHHRHRHRHRKHMO&BWHSHBHDBD©ODNDGDB®WYHSHFGD
`
`09:21AM
`
`09:21AM
`
`09:21AM
`
`09:21AM
`
`09:21AM
`
`OQ.
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`
`
`
`
`
`
`
`
`DEPOSITION - McLESKEY
`
`886
`
`Who called who?
`
`I called him.
`
`
`Did you have any communications in writing with this
`
`
`third person?
`
`No.
`
`And what was the purpose of calling this third person?
`
`
`
`
`
`
`
`I wanted to find out what
`
`the -- what was in the drug
`
`You don't recall whether or not he specified the units of
`
`
`because I was getting ready to publish a paper.
`
`
`I was getting
`
`ready to write the paper, actually.
`
`
`
`And what did he tell you?
`
`
`
`He told me --
`
`Do you recall the words he used?
`
`No.
`
`
`
`
`But he told you all of the excipients and their
`
`percentages?
`
`A.
`
`He told me what's in the paper:
`
`10 percent ethanol ~
`
`
`
`10 percent benzyl benzoate and 10 percent benzyl alcohol
`
`brought
`
`to volume with the castor oil.
`
`(Reading stopped.)
`
`
`
`
`
`
`MS. PIROZZOLO-MELLOWES: Your Honor,
`
`
`I
`
`think there
`
`was a mistake in reading that.
`
`THE COURT:
`
`
`It's -- no,
`
`down correctly,
`
`that's fine.
`
`
`
`— Deposition read as follows:)
`
`
`
`
`
`
`Q.
`
`the court reporter took it
`
`
`
`
`
`United States District Court
`Camden, New Jersey
`
`AstraZeneca Exhibit 2049 p. 17
`
`
`
`
`
`
`
`
`
`
`
`DEPOSITION - McLESKEY
`
`887
`
`1| measure?
`
`2| A.
`
`I do not recall.
`
`
`How did you know to contact this third person?
`
`I called the number that was -- that I had been given for
`
`
`
`
`
`
`09:22AM
`
`
`5| Dr. Vose.
`
`And somebody else answered?
`
`
`
`
`
`I don't know if it was somebody else or if it was
`
`3/ Q.
`
`4;A.
`
`6| Q.
`
`7|A.
`
`
`8| Dr. Vose.
`
`9| Q.
`
`
`So there -- you're saying -- if I'm understanding you
`
`
`
`
`09:22am 10] correctly, you believe it's possible that it was Dr. Vose that
`
`
`
`told you the makeup of
`the formulation but you're not sure?
`
`11}
`
`12| A. Well, it was whoever answered the phone. That's all
`
`
`
`
`
`
`can say about it.
`
`QO.
`
`I see. But you called Dr. Vose's direct line?
`
`
`
`
`
`
`13}
`
`14/
`
`16|
`
`17/
`
`
`
`09:22am 15)| A.
`
`Yeah.
`
`I called the same number
`
`
`I had called previously
`
`
`
`to speak with Dr. Vose.
`
`QO.
`
`Who gave you Dr. Vose's phone number?
`
`
`
`
`18| A.
`
`19/
`
`QO.
`
`Dr. Wakeling.
`
`Who gave you Dr. Wakeling's phone number?
`
`
`09:22am 20] A.
`
`I don't remember.
`
`
`
`
`21/
`
`22|
`
`QO.
`
`Do you recall generally how you knew to call Dr. Wakeling
`
`
`
`that he was the person to call?
`
`23) A.
`
`Either Dr. Lippman or Dr. Kern told me, but
`
`
`
`I don't know
`
`
`24} who or when or anything.
`
`09:23am 25] Q.
`
`But do I understand you correctly that you -- with regard
`
`
`United States District Court
`Camden, New Jersey
`
`AstraZeneca Exhibit 2049 p. 18
`
`
`
`
`
`23
`
`24
`
`A.
`
`Q.
`
`in yo
`
`
`
`No.
`
`
`Did you record when you received samples from AstraZeneca
`
`ur laboratory notebooks?
`
`United States District Court
`Camden, New Jersey
`
`AstraZeneca Exhibit 2049 p. 19
`
`25
`
`
`
`
`
`
`
`
`
`
`
`DEPOSITION - McLE
`
`888
`
`to this third person,
`
`that it was
`
`a man?
`
`A.
`
`Q.
`
`Yes.
`
`When you called
`
`
`Dr. Vose the
`
`
`first time, or when you
`
`calle
`
` d Dr. Vose, how
`
`did you know
`
`it was him that answered the
`
`?
`
`I don't remember.
`
`
`
`
`
`
`fident that you were speaking to Dr. Vose
`But you feel cont
`
`phone
`
`A.
`
`Q.
`
`the £
`
`irst time?
`
`
`
`I certainly believed that
`Well,
`
`
`I was.
`
`At
`
`the time, did yo
`
`u believe that the third person that
`
`you were talking to was Dr. Vose?
`
`A.
`
`Q.
`
` I don't recall what
`
`
`I believed.
`
`What do you believe today?
`
` I don't believe
`
`You have no idea who you talked to?
`
`Right.
`
` Did you send As
`
`that
`
`you were going
`
`
`
`
`traZeneca draf CS of
`the study protocol
`
`
`
`
`to follow for
`
` the research described in
`
`
`
`McLes
`
`A.
`
`Q.
`
`key 1998?
`
`No.
`
`
`
`Did you ever provide your lab notebooks or raw data to
`
`io©NHDGQBHWHNHBH
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`Astra
`
`Zeneca?
`
`09:23AM
`
`09:23AM
`
`09:23AM
`
`09:23AM
`
`09:23AM
`
`
`
`09:24AM
`
`io©NHDGQBHWHNHBH
`
`
`
`
`
`
`
`
`
`DEPOSITION - McLESKEY
`
`889
`
`A.
`
`I don't recall.
`
`
`Q. What was your general practice with regard to recording
`
`
`
`receipt of samples at the time you were postdoc in Dr. Kern's
`
`lab?
`
`A.
`
`would put
`
`
`
`them in the refrigerator or the freezer as
`
`appropriate.
`
`Q.
`
`Did you have a separate practice as to what you would
`
`
`record about
`
`the samples received?
`
`
`I would unpack them and if they needed refrigeration,
`
`
`
`
`
`09:25am 25] procuring samples as simple as calling and asking for them, or
`
`09:24am 10] A.
`
`No.
`
`11
`
`Q. Was it your understanding from the beginning of your
`
`
`
`
`
`12 postdoc in Dr. Kern's lab that AstraZeneca was the source of
`
`13
`
`182,780 or was that something you learned later in time?
`
`14
`
`A.
`
`At
`
`the beginning,
`
`I had no idea there was such a thing as
`
`
`09:24am 15]
`
`182,780.
`
`16
`
`Q.
`
`How did you come to find out that?
`
`
`How did you come to
`
`17|
`
`
`find out that AstraZeneca would supply 182,780 to the lab?
`
`18
`
`A.
`
`I'm not sure.
`
`
`19 Q. What do you -- what is your best recollection?
`
`09:24am 20/ A.
`
`We had meetings of all the researchers,
`
`
`the breast cancer
`
`21
`
`
`researchers and it may have come up at that, one of those
`
`22 meetings.
`
`23
`
`Q.
`
`From the Lombardi side of things, not
`
`
`the AstraZeneca
`
`24
`
`
`side of things, but
`
`
`
`from the Lombardi side of things, was
`
`
`
`United States District Court
`Camden, New Jersey
`
`AstraZeneca Exhibit 2049 p. 20
`
`
`
`io©NHDGQBHWHNHBH
`
`10
`
`11
`
`A.
`
`Q.
`
`talke
`
`powde
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`signi
`
`12
`
`A.
`
`13
`
`Q.
`
`
`
`
`
`
`
`
`
` ESKEY
`DEPOSITION - McL
`
`890
`
`
`
`
`
`
`
`
`I was not aware of an internal protocol.
`
`
`
`
`
`
`
`
`Do you know how long it took in between the time you
`
`d to Dr. Wakeling and the time that you received the
`
`
`
`
`red ICI
`182,780?
`
`
`
`
`fF weeks.
`think it was a matter of!
`
`
`Do you recall how long it took
`
`
`Vose to then receiv
`the prefo
`
`
`from the time you talked
`
`
`
`
`rmulated ICI
`182,780?
`
`
`to Dr.
`
`Probably
`
`about
`
`the same.
`
`And you personally do not recall
`
`
`
`filling out any forms or
`
`
`
`ng anything in regard to samples, correct?
`
`Correct.
`
`
`I want
`
`
`
`to make sure we're absolutely on the same page.
`
`So before you started, at any
`
` time, did you send
`
`
`
`
`
`AstraZeneca a statement of proposed investigation forms?
`
`25 was there an internal protocol that had to be followed first?
`
`
`
`09:25AM
`
`09:25AM
`
`09:25AM
`
`09:25AM
`
`09:26AM
`
`14
`
`15
`
`17
`
`18
`
` No, you do not know,
`
`16
`
`A.
`
`No.
`
`Q.
`
`Do you know whether or not
`
`
`a sta
`Lement of
`fF proposed investigation
`
` Dr. Kern had sent AstraZeneca
`
` forms?
`
`19
`
`A.
`
`20
`
`Q.
`
`21
`
`A.
`
`22
`
`Q.
`
`23
`
`you s
`
`24
`
`A.
`
`Q.
`
`No.
`
`No,
`
`
`I don't know.
`
`or no,
`
`he did not?
`
`Did you
`
`
`
`
` forms
`
`for AstraZeneca before
`fill out any other
`
`tarted your work on MchLeskey 1998?
`
`No.
`
`
`Do you know whether anyone else in your group filled out
`
`United States District Court
`Camden, New Jersey
`
`AstraZeneca Exhibit 2049 p. 21
`
`
`
`mSMONHSHSNHSNHBRHBRHRKHHRHRHRHRKHMO&BWHSHBHDBD©ODNDGDB®WYHSHFGD any
`
`
`
`
`
`
`
`
`
`DEPOSITION - McLESKEY
`
`891
`
`
`
`
`other
`forms for Astrazeneca?
`
`
`I don't know.
`
`
`
`
`Before starting the work on --
`
`
`
`don't know.
`
`I know nothing.
`
`
`
`
`
`Did you personally ever request any samples from
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`AstraZeneca in writing?
`
`A.
`
`Q.
`
`Wake
`
`A.
`
`Q.
`
`you?
`
`A.
`
`they
`
`Q.
`
`Came
`
`No.
`
`Okay.
`
`
`
`
`
`
`
`So you received powdered
`ICI
`182,780 from Dr. Alan
`
`ling,
`
`correct?
`
`Correct.
`
`
`
`Did Dr. Wakeling send the powdered samples directly to
`
`
`I don't recall.
`
`
`I got
`
`them, but
`
`
`I don't remember who
`
`were
`
`addressed to.
`
`
`
`
`You don't have a specific recollection of whether they
`
`
`directly to you or whether Dr. Kern gave them to you?
`
`
`
`
`
`I opened the package, or I got
`
`the package.
`
`
`I don't know
`
`io©NHDGQBHWHNHBH
`
`09:26AM
`
`09:26AM
`
`09:26AM
`
`09:27AM
`
`09:27AM
`
`
`
`
`
`
`
`
`
`the package from a mailman or from Dr. Kern.
`I don't
`
`
`
`
`[ got
`
`know.
`
`Q.
`
`A.
`
`Q.
`
`Okay.
`
` But you opened the package?
`
`Yeah.
`
`
`Do you recall approximately when that was when you opened
`
`the package?
`
`A.
`
`Q.
`
`No.
`
`Was it in 1997?
`
`United States District Court
`Camden, New Jersey
`
`AstraZeneca Exhibit 2049 p. 22
`
`
`
`he also told you how to make the formulation that's recorded
`
`No.
`
`21; A.
`
`22/0.
`
`23|A.
`
`
`
`
`ow did you know to do that?
`
`e told me over the phone.
`
`24/0.
`
`Okay.
`
`09:28am 25]
`
`
`
`
`
`So Dr. Wakeling told you how to administer it, and
`
`
`
`United States District Court
`Camden, New Jersey
`
`AstraZeneca Exhibit 2049 p. 23
`
`
`
`
`
`
`
`
`
`DEPOSITION - McLESKEY
`
`892
`
`Oh, no.
`
`
`
`It was way before that.
`
`
`Way before that?
`
`So 1996, 1995?
`
`
`
`It was before 1993.
`
`
`Before 1993?
`
`
`
`Yes.
`
`How was the powder sample packaged? Was it in a--a
`
`A Q A Q
`
`A Q
`
`.
`
`.
`
`.
`
`.
`
`.
`
`.
`
`bottle or -- how did it arrive, do you recall?
`
`A.
`
`I
`
`
`think it was just in a little jar.
`
`Q. Would the receipt of that sample have been logged in the
`
`
`lab?
`
`11; A.
`
`No.
`
`Q.
`
`Now,
`
`
`if I understand you correctly, Dr. Wakeling gave you
`
`
`
`
`
`
`information on administration of the drug, correct?
`
`io©NHDGQBHWHNHBH
`
`09:27AM
`
`09:27AM 10]
`
`12
`
`13
`
`14|A. Correct.
`
`09:27AM 15] Q.
`
`Did Dr. Wakeling send you instructions on how to
`
`
`
`
`
`
`
`
`formulate the 50-milligram per milliliter concentration of
`
`
`
`
`
`CI
`182,780 and ethanol and peanut oil?
`
`18; A.
`
`QO.
`
`He didn't send them to me, no.
`
`
`
`Did he send you instructions regarding making the
`
`
`formulation?
`
`16|
`
`17
`
`19|
`
`09:28am 20]
`
`
`
`ioODNNDHGDBHWDNHBH
`
`mSMONHSHSNHSNHBRHBRHRKHHRHRHRHRKHMO&BWHSHBHDBD©ODNDGDB®WYHSHFGD
`
`09:28AM
`
`09:28AM
`
`09:28AM
`
`09:29AM
`
`09:29AM
`
`
`
`
`
`
`
`DEPOSIT
`
`
`
` ESKEY
`
`893
`
`in McLeskey 1998 concerning ethanol and peanut oil?
`
`A.
`
`Q.
`
` Exactly.
`
`
`And you testified earlier,
`
`
`I think,
`
`that you were
`
`actually the person that had actually dissolved the
`
`
`
`
`CI
`182,780 in ethanol and then spiked it into the peanut oil?
`
`A.
`
`Q.
`
`Correct.
`
`Why did you use a concentration
`
` of 50-milligrams per
`
`milliliter?
`
`Because that's what
`
`
`
`Wakeling said to do.
`
`
`Dr. Wakeling did not discuss any sort of
`confidentiality
`
`
`
`
`Dr.
`
`Q.
`
`with you --
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`No.
`
`-- when -- when you spoke with him?
`
`No --
`
`Sorry, it needs to be verbal.
`
`Sorry, no.
`
`
`
`Tf you'll turn to Page 698 of Exhibit 5, do you see a
`
`
`
`
`
`
`the title Drugs,
`paragraph headed,
`
`th
`s
`lined sentenc
`
`down,
`
`we
`
`and then about seven lines
`
`
`for the experiments depicted
`
`
`
`
`
`in Figure 1, B and C,
`
`50-milligram per milliliter
`
` preformulated drug in a vehicle of
`
`10 percent ethanol,
`
`15
`
`percent benzyl benzoate,
`
`10 percent benzyl alcohol brought
`
`to
`
`volume by castor oil was supplied by
`
` B.M. Vose, Zeneca
`
`Pharmaceuticals.
`
` Do you see that?
`
`United States District Court
`Camden, New Jersey
`
`
`
`AstraZeneca Exhibit 2049 p. 24
`
`
`
`io©NHDGQBHWHNHBH
`
`mSMONHSHSNHSNHBRHBRHRKHHRHRHRHRKHMO&BWHSHBHDBD©ODNDGDB®WYHSHFGD
`
`09:29AM
`
`09:29AM
`
`09:30AM
`
`09:30AM
`
`09:30AM
`
`
`
`
`
` ON -
`
`DEPOSIT
`
`
`
`
`
`McLESKEY
`
`894
`
`A.
`
`Yes.
`
`Q.
`
`
`
`Is this the preformulated drug that we were just
`
`
`discussing that you procured via telephone conference with
`
`
`Dr. Vose?
`
`A.
`
`Yes.
`
`
`Approximately when did you receive the preformulated
`
`Q.
`
`
`
`
`
`CI
`182,780 from Dr. Vose?
`
`
`
`A. All
`
`I can tell you is it was
`
`
`
`before 1993.
`
`OQ.
`
`
`
`
`CI
`
`The preformed -- both -- you
`
`
`
`
`
`
`before 1993.
`and the preformulated IC
`
`
`
`received both the powdered
`
`
`Is that what
`
`you're saying?
`
`Yes.
`
`
`How do you know that it was before 1993?
`
`
`faculty appointment,
`
`
`In 1993,
`
`
`
`received a
`
`and then I was
`
`
`
`
`
`A.
`
`Q.
`
`A.
`
`
`
`no longer a postdoc. And at that
`
`point,
`
`the animal
`
`experiments were done.
`
`Q. Were you the person that opened the
`
`
`
`
`
`preformulated ICI
`182,780?
`
`
`package of
`
`the
`
`A.
`
`Yes.
`
`
`
`Do you recall how many preformulated samples were sent
`
`to
`
`No.
`
`Do you recall if
`
`
`those samples were in vials?
`
`No.
`
`
`
`How were -- how were the pret
`
`
`formulated samples packaged?
`
`Q.
`
`you?
`
`A.
`
`OQ.
`
`A.
`
`Q.
`
`Strict Court
`United States Di
`Camden,
`New Jersey
`
`AstraZeneca Exhibit 2049 p. 25
`
`
`
`
`
`
`
`
`
`
`
`DEPOSITION - McLESKEY
`
`895
`
` I don't recall.
`
`
`What documentation accompanied the preformulated
`
`
`
`
`182,780?
`
` Do you recall whether or not there was documentation
`
`
`
`
`
`included with the preformulated ICI
`182,780?
`
` I don't recall.
`
`
`
`
`
`I don't recall.
`
`
`
`
`fF you wanted to try to remember, who would you talk to?
`
`
`Nobody.
`
`I mean,
`
`
`I -- there's nobody.
`
`
`I
`
`
`think it's lost
`
`
`
`Q.
`
`A.
`
`Q.
`
`A.
`
`to posterity.
`
`Q.
`
`25
`
`
`
`io©NHDGQBHWHNHBH
`
`10
`
`11
`
`12
`
`13
`
`So do I understand correctly that at the time you
`
`
`
`
`
`received the preformulated ICI
`
`
`
`182,780, you did not know what
`
`excipients were present in the formulation -- in that
`
`14
`
`
`formulation?
`
`15
`
`A. Correct.
`
`16
`
`17
`
`Did you have an understanding that the preformulated
`
`
`
`Q.
`
`
`
`
`CI
`182,780 could not be used in humans?
`
`18
`
`A. Nothing we had in our lab could be used in humans.
`
`19
`
`20
`
`
`Q. Were you given specific instructions from AstraZeneca
`
`
`
`that it should not be used in humans?
`
`21
`
`A.
`
`22
`
`Q.
`
` I don't recall.
`
`Turning back to Page 698 in the drug section again, you
`
`23
`
`24
`
`see the text that says,
`
`
`
`In a vehicle of 10 percent ethanol,
`
`15
`
`percent benzyl benzoate, 10 percent benzyl alcohol brought
`
`to
`
`volume with castor oil.
`
`
`
`United States District Court
`Camden, New Jersey
`
`AstraZeneca E
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