Transcript of Conference Call
`
`Date: June 18, 2018
`Case: Celltrion, Inc. -v- Genentech, Inc. (PTAB)
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`Planet Depos
`Phone: 888.433.3767
`Email:: transcripts@planetdepos.com
`www.planetdepos.com
`
`Celltrion, Inc. v. Genentech
`IPR2017-01373
`Genentech Exhibit 2065
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`WORLDWIDE COURT REPORTING | INTERPRETATION | TRIAL SERVICES
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`Transcript of Conference Call
`Conducted on June 18, 2018
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` P R O C E E D I N G S
` JUDGE POLLOCK: Good afternoon. This
`conference call is for IPR2017-01373 and
`IPR2017-01374. I am Judge Pollock. On the line
`with me is Judge Yang. I expect Judge Spence to be
`joining us as we continue.
` Who do we have on the line for Patent
`Owner Genentech?
` MR. DANFORD: Good afternoon, Your Honor.
`For Patent Owner Genentech, you have Andrew Danford.
`And I'm joined by Bob Gunther and Dave Cavanaugh.
` JUDGE POLLOCK: Good afternoon, Mr.
`Danford.
` Who do we have on the line for Petitioner
`Celltrion?
` MS. CIPRIANO: Hi. This is Linnea
`Cipriano. And on the line with me I have Cynthia
`Hardman.
` JUDGE POLLOCK: Good afternoon, Ms.
`Cipriano.
` Are there any other parties on the line?
` THE COURT REPORTER: The court reporter
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` UNITED STATES PATENT AND TRADEMARK OFFICE
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`____________________________________________________
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` BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`____________________________________________________
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` CELLTRION, INC.,
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` Petitioner,
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` v.
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` GENENTECH, INC.,
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` Patent Owner.
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`____________________________________________________
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` Case IPR2017-01373
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` IPR2017-01374
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` U.S. Patent No. 6,407,213
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`____________________________________________________
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` Conference Call
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` June 18, 2018
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`Job No.: 194710
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`Pages: 1 - 20
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`Reported by: Keith G. Shreckengast, RPR
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`is here. My name is Keith.
` JUDGE POLLOCK: Who retained the court
`reporter?
` MR. DANFORD: Your Honor, this is Andrew
`Danford. Patent Owner, Genentech, did.
` JUDGE POLLOCK: Mr. Danford, would you
`please submit a copy of the transcript as an exhibit
`as soon as it's available?
` MR. DANFORD: We will.
` JUDGE POLLOCK: That will serve as a
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`record of this call.
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` MR. DANFORD: We will do that.
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` JUDGE POLLOCK: I understand that the
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`Patent Owner seeks authorization to file a motion to
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`strike relating to certain arguments and evidence in
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`Petitioner's May 25th Reply Brief.
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` Mr. Danford, would you explain the issue
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`as you see it?
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` MR. DANFORD: Sure. And maybe I can just
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`remind you of where we are in these proceedings. I
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`think that'll help set this up just a little bit.
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` There are two proceedings brought by
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` A P P E A R A N C E S
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`ON BEHALF OF PATENT OWNER, GENENTECH:
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` ANDREW J. DANFORD, ESQUIRE
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` ROBERT J. GUNTHER, JR., ESQUIRE
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` DAVID L. CAVANAUGH, ESQUIRE
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` WILMER CUTLER PICKERING HALE & DORR, LLP
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` 1875 Pennsylvania Avenue, NW
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` Washington, DC 20006
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` (202) 663-6000
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`ON BEHALF OF PETITIONER CELLTRION, INC.:
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` LINNEA P. CIPRIANO, ESQUIRE
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` CYNTHIA HARDMAN, ESQUIRE
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` GOODWIN PROCTER
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` The New York Times Building
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` New York, New York 10018
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`Transcript of Conference Call
`Conducted on June 18, 2018
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`Celltrion challenging the same patent. The two
`petitions are actually copies of petitions that were
`previously filed by Mylan. Basically what Celltrion
`did was they, after the Mylan proceedings settled,
`took the same petitions, put in the same grounds,
`the same arguments, and expert declarations that are
`copies of the declarations that were filed in the
`prior proceeding.
` We received the Reply from Celltrion on
`May 25th. When we reviewed the Reply, we believe
`that there was new argument presented with respect
`to a claim limitation. This is a claim limitation
`on the consensus sequence.
` In the original petition, the argument
`and evidence that Celltrion had presented with
`respect to the consensus sequence limitation was
`based on the Queen 1990 reference, in one of the
`petitions, and it was based on a Queen 1989, in
`combination with Kavat, 1987. That's K-A-V-A-T.
`And those were the references that Celltrion
`included and based its arguments with respect to the
`consensus sequence limitation on in the petition.
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`took part of the research and used it in his own
`research. But, you know, when he submitted his
`original declaration in the proceeding, never
`mentioned this particular aspect of that work, or
`mentioned that it included anything that had to do
`with a consensus sequence. So this is something
`that came up the first time in the Reply.
` And second, this is a reference, Exhibit
`1193 was something that was presented and discussed
`during prosecution. So it's part of the file
`history that was submitted here. It's something
`that Celltrion could have identified from reviewing
`the file history. And so in light of that, we think
`that there's really no excuse for this coming up now
`at this late stage.
` As the Board knows, we have argument
`scheduled a month from now. It's -- the oral
`hearing date is July 16th. We think it's too late
`for these kind of things to be coming into the
`proceeding now. And we would ask for leave to file
`a motion to strike to address this. We think that's
`the most appropriate relief in this proceeding. We
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`can do it in parallel with the motion to exclude.
` For the first time in the Reply, and in
`We already have a deadline of Friday to file that.
`the supporting expert declaration that was submitted
`And our suggestion would be that a motion to strike
`with it, Celltrion relied on a new exhibit. This is
`be submitted in parallel with that, so that all
`Exhibit 1193. And in their Reply, they for the
`these issues can be addressed together at the same
`first time argued that that exhibit, which is not
`time.
`part of the instituted grounds, also discloses a
` JUDGE POLLOCK: Mr. Danford, is the
`consensus sequence.
`Exhibit 1193, is there a first author?
` We think that that's improper at this
` MR. DANFORD: It's Foote, F-O-O-T-E.
`stage. They had their opportunity to submit
` JUDGE POLLOCK: Foote. If the Foote
`evidence on where they believe the consensus
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`reference was raised during the prosecution, what's
`sequence is disclosed. We responded to those
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`the harm in coming into play now?
`arguments. And the first time that the Exhibit 1193
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` MR. DANFORD: It was raised during the
`came into this proceeding was when they filed the
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`prosecution, Your Honor, but -- you know, if we had
`Reply Brief first introducing it.
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`known that this was going to be part of an argument
` So I think that basically just frames the
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`that was presented here, we could have presented
`issue for you. I think that there's really no
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`ourselves differently. We could have argued under
`reason why this exhibit could not have been
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`325 D, for example, that this proceeding should not
`presented by Celltrion earlier, for at least two
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`have gone forward simply for that very reason,
`reasons.
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`because the reference was something that was
` The first is if you read what Celltrion's
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`addressed during prosecution.
`expert says about the exhibit, he mentions that this
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` Now we've gone down and we've responded
`Exhibit 1193 describes research where he actually
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`Transcript of Conference Call
`Conducted on June 18, 2018
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`antibodies in similar ways that the 213 Patent
`claims.
` So it's our position that Genentech
`should not be permitted to mischaracterize the prior
`art and strike any evidence that doesn't fit its
`narrative.
` As noted by Mr. Danford, the information
`here in the Foote paper is not a surprise to
`Genentech in any way. As you noted, it was
`discussed if the prosecution history. So Genentech
`admitted that a consensus sequence was used in the
`prior art, in the prosecution history of the 213
`Patent.
` Dr. Riechmann, Celltrion's expert, has
`submitted a declaration with the Petition, and also
`with our Reply papers, discussed his antibody
`humanization work and his use of a consensus
`sequence in this work, in his declaration. And his
`use of this prior antibody was also discussed during
`his deposition before Patent Owner put in their
`paper.
` JUDGE POLLOCK: It's Ms. Cipriano,
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`to the art that's been raised. We've addressed
`Queen 1989. We've addressed Queen 1989 in
`combination with Kavat 1987. You know, we think
`it's just unfair to have something new come in at
`this point, where we haven't had the ability to
`respond to it. And honestly, if it had come in
`earlier, we could have presented arguments
`differently, for example under 325 D.
` JUDGE POLLOCK: Counsel for Petitioner,
`how do you respond to that?
` MS. CIPRIANO: So I'd like to make two
`just general statements to correct the record here.
`I just want to make sure, so Mr. Danford
`characterized our petitions, and the declarations
`supporting them as copies of previous petitions. I
`just want to make sure that it's clear that they are
`not exact copies. There are differences. And those
`difference have been discussed throughout these
`proceedings. And Patent Owner is well aware of
`those differences. So these are Celltrion's
`petitions, and they're not happy that they're prior
`petitions.
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`correct?
` And also, my second point generally is
` MS. CIPRIANO: Yes.
`that Celltrion is not changing its basis of the
` JUDGE POLLOCK: Ms. Cipriano, Foote was
`grounds for invalidity here. We're not saying that
`not discussed in the Petition, correct?
`this, the disputed reference, or the Foote
` MS. CIPRIANO: This specific reference
`reference, is an additional ground or even addition
`was not discussed in the Petition, correct.
`to the grounds that are instituted currently.
` JUDGE POLLOCK: So what prompted this
`There's just additional support of the arguments
`additional discussion of Foote? Why is it now
`that are being made. So in response to the facts
`popping up in the Reply?
`that were discussed. So Genentech here is really
` MS. CIPRIANO: So one of the arguments
`seems to be seeking to strike evidence from
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`that Genentech made in its Patent Owner's response
`petitioner's papers in an effort to preserve really
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`is that it was unexpected, that one of the
`their mischaracterizations of the prior art.
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`unexpected results in rebuttal to our obviousness
` Mainly Patent Owner's response highlights
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`argument was that it would have been unexpected to
`what they consider to be what distinguishes the
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`be able to use a single consensus sequence to
`invention of the 213 Patent from the prior art. And
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`humanize multiple antibodies. And of course I'm
`that's, as they contend, because it used this human
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`simplifying that argument, but that's our
`consensus sequence in humanizing these antibodies.
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`understanding of Genentech's unexpected -- the
` And, in fact as noted throughout
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`unexpected results argument.
`Petitioner's papers in this proceeding, and in the
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` And our argument, and the reason that the
`depositions that have gone forward, the prior art
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`Foote paper comes in is that's exactly what Dr.
`shows that others in the field have successfully
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`Foote and Dr. Riechmann did in the Winter lab in the
`used the human consensus sequence to humanize
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`Transcript of Conference Call
`Conducted on June 18, 2018
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`prior art. Dr. Foote developed a consensus sequence
`for his -- in his work, humanizing an antibody. And
`Dr. Riechmann used part of that consensus sequence
`in his work in humanizing the PACT antibody.
` JUDGE POLLOCK: Mr. Danford, why is this
`not a legitimate response to your unexpected results
`argument?
` MR. DANFORD: Your Honor, it's not
`limited just to unexpected results. They cite this
`as affirmative support for the consensus sequence
`limitation. For example, I believe that it's on
`page 15 of the Reply in the 1373 proceeding, for
`example. So this is not just rebuttal on unexpected
`results. And if I could maybe go back to just a
`point that was raised about Dr. Riechmann.
` JUDGE POLLOCK: Mr. Danford, you are
`conceding, then, that this is, at least in part,
`rebuttal to the unexpected results argument?
` MR. DANFORD: They have framed a piece of
`this. They put a sentence in the section responding
`on unexpected results that addresses this. We do
`concede that there is a sentence there that
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`addresses that. But they have a whole paragraph of
`discussion that explains when they're affirmatively
`addressing the consensus with -- including
`limitation as part of their prima facie case of
`obviousness that points to the Foote reference, and
`as well this was known in the art because Foote
`discloses it.
` JUDGE POLLOCK: If it's legitimately used
`as rebuttal, why can't they use it for this other
`purpose?
` MR. DANFORD: You know, I don't know that
`we -- I think that we are trying to -- it is not
`legitimate rebuttal in our view if it is addressing
`the affirmative prima facie case of obviousness.
`And I think part of our concern here is that when it
`comes in for any purpose, it potentially bleeds over
`to these other issues. They can very well respond
`to the unexpected results argument based upon the
`prior art that they already made of record in their
`petition. I mean it is Celltrion's position that
`the consensus sequence was known in the art. What
`they're basically doing is piling on here with
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`over the line, and we want to be sure that is not
`considered for that informational purpose.
` JUDGE POLLOCK: And Miss Cipriano,
`anything more to add?
` MS. CIPRIANO: Well, just to respond to
`our use of the Foote reference on page 15 of the
`Reply in the 1373 proceeding, I just want to
`reiterate that that is -- is directly in response to
`Genentech's characterization that this use of the
`consensus sequence is -- is some novel step in the
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`prior art. And I guess I'll direct attention to
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`just even their introduction of the patent owner's
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`response, saying that unlike prior art, humanized
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`antibodies, which required hand picking a sequence
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`from the prior art, and I'm paraphrasing here. The
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`claimed antibodies could be produced from a single
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`human consensus sequence, so they really
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`distinguish -- they take a lot of effort to
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`distinguish the consensus sequence from the prior
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`art throughout the Patent Owner's response. And
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`that is -- that is the basis that we think this
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`proper reply as specifically as permitted by the
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`additional references that we haven't had an
`opportunity to address.
` JUDGE POLLOCK: Well, if it comes in as
`rebuttal to unexpected results argument, what's to
`say that the Board can't draw our own conclusions
`with respect to the prima facie case?
` MR. DANFORD: And, Your Honor,
`respectfully, we would like to be sure that we're,
`as a matter of administrative procedure and due
`process, you know, they -- it is Petitioner's
`petition, and they are putting forward what their
`arguments are. These are the arguments that we
`addressed in response to, with respect to their
`prima facie case.
` And we respectfully submit that the
`Board's consideration should be limited to that.
`They have gone over the line here, in our view, for
`example, by citing this evidence as part of their
`prima facie case on page 15 of the 1373 Reply. And
`so this isn't just a matter of the Board would have
`the evidence in front of it and can do with it as it
`will. It's something where they've actually gone
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`Transcript of Conference Call
`Conducted on June 18, 2018
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`recent case from the Federal Circuit, the Anacor
`Pharmaceuticals v. Young, who that allows -- is
`legitimate reply evidence to the evidence introduced
`by the Patent Owner, and also to document the
`knowledge that skilled artisans would bring to bear
`in reading the prior art.
` JUDGE POLLOCK: Mr. Danford, I believe I
`cut you off a little bit ago. You had one point to
`make. Did you want to follow up on that?
` MR. DANFORD: Sure. Thank you, Your
`Honor. The point that I was trying to make was Dr.
`Riechmann -- and this was a point that Miss Cipriano
`made earlier about that his disclosure of his own
`work. And I think this is actually I think telling
`for us about how this was really new, is he did
`disclose in his prior declarations that he had done
`work in Dr. Winter's lab. Dr. Foote, who is the
`author of the 1989 paper that's Exhibit 1193, was
`one of his colleagues in the lab. But critically,
`what he never mentioned in that his additional --
`his earlier petition -- or his earlier declaration,
`the one that was submitted with the petition, is
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`still there, correct?
` MS. CIPRIANO: Yes.
` JUDGE POLLOCK: All right. We find this
`a close case, but we're going to allow the Motion to
`Strike. Mr. Danford, did I understand correctly
`that you could have this ready for submission
`Friday?
` MR. DANFORD: That's correct, Your Honor.
` JUDGE POLLOCK: All right. You have ten
`pages. And Petitioner's response will be due in two
`weeks, also with ten pages. We will send out a
`brief order to this effect. Anything else?
` MR. DANFORD: No, Your Honor.
` MS. CIPRIANO: No, Your Honor.
` JUDGE POLLOCK: Okay. Thank you. Good
`day.
` (Off the record at 2:29 p.m.)
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` CERTIFICATE OF COURT REPORTER - NOTARY PUBLIC
`
` I, Keith G. Shreckengast, Registered
`Professional Reporter, the officer before whom the
`foregoing proceedings were taken, do hereby certify
`that the foregoing transcript is a true and correct
`record of the proceedings; that said proceedings
`were taken by me stenographically, and thereafter
`reduced to typewriting under my supervision; and
`that I am neither counsel for, related to, nor
`employed by any of the parties to this case, and
`have no interest, financial or otherwise, in its
`outcome.
` IN WITNESS WHEREOF, I have hereunto set my hand
`and affixed my notarial seal this 18th day of June.
`
`My commission expires April 30, 2020.
`
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`that that work involved a consensus sequence in any
`way. And again, we deposed him, that never came up
`in his deposition. The first time we heard about
`this was in his reply.
` JUDGE POLLOCK: Miss Cipriano, any last
`comments regarding Mr. Danford's last statement.
` MS. CIPRIANO: Well, yeah. I mean I
`don't think that that's -- we can direct you to
`paragraph 340 of Exhibit 1003. And Dr. Riechmann
`compares his sequence directly to the consensus
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`sequence in the 213 Patent. I don't think there's
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`any question that he was making a statement his work
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`used the consensus sequence.
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` JUDGE POLLOCK: All right. I'm going to
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`put you all on hold right now while I discuss with
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`my colleagues.
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` (There was a recess in the proceedings
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`from 2:20 p.m. to 2:28 p.m.)
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` JUDGE POLLOCK: Good afternoon again.
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`Can you hear?
`____________________________
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` MR. DANFORD: Yes, sir.
`NOTARY PUBLIC IN AND FOR THE
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` JUDGE POLLOCK: And Ms. Cipriano, you're
`COMMONWEALTH OF PENNSYLVANIA
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`A
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`ability
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`5:4afternoon
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`17:8
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`Transcript of Conference Call
`Conducted on June 18, 2018
`arguments
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`art
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`basically
`5:3, 6:15,
`14:22
`basis
`10:2, 16:21
`bear
`17:5because
`8:20, 10:16,
`
`all
`8:4, 18:14,
`18:15, 19:3,
`19:9allow
`19:4allows
`17:2already
`8:2, 14:19
`also
`6:6, 10:1,
`11:15, 11:19,
`17:4, 19:11
`anacor
`17:1andrew
`2:4, 3:10, 4:4
`antibodies
`10:17, 11:1,
`12:16, 16:14,
`16:16
`antibody
`11:16, 11:19,
`13:2, 13:4
`any
`3:21, 11:5,
`11:9, 14:16,
`18:1, 18:5,
`18:12, 20:11
`anything
`7:5, 16:4,
`19:12
`appeal
`1:3appropriate
`7:22april
`20:17
`argued
`6:5, 8:17
`argument
`5:11, 5:14,
`7:16, 8:15,
`12:14, 12:17,
`12:19, 12:20,
`13:7, 13:18,
`14:18, 15:4
`
`B
`
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`
`6
`
`14:6been
`6:17, 9:1,
`9:18, 12:14
`before
`1:3, 11:20,
`20:4behalf
`2:3, 2:12
`being
`10:8believe
`5:10, 6:10,
`13:11, 17:7
`bit
`4:21, 17:8
`bleeds
`14:16
`board
`1:3, 7:16,
`15:5, 15:20
`board's
`15:16
`bob
`3:11brief
`4:16, 6:14,
`19:12
`bring
`17:5brought
`4:22building
`2:16
`C
`call
`1:16, 3:3, 4:11
`came
`6:13, 7:7, 18:2
`can
`4:19, 8:1, 8:5,
`14:17, 15:21,
`18:8, 18:20
`can't
`14:9, 15:5
`case
`1:11, 14:4,
`
`

`

`14:14, 15:6,
`15:14, 15:19,
`17:1, 19:4,
`20:11
`cavanaugh
`2:6, 3:11
`celltrion
`1:5, 2:12,
`3:15, 5:1, 5:3,
`5:9, 5:15, 5:20,
`6:3, 6:18, 7:12,
`10:2celltrion's
`6:20, 9:20,
`11:14, 14:20
`certain
`4:15certificate
`20:1certify
`20:5challenging
`5:1changing
`10:2characterization
`16:9characterized
`9:14cipriano
`2:13, 3:16,
`3:17, 3:20,
`9:11, 11:22,
`12:2, 12:3,
`12:5, 12:10,
`16:3, 16:5,
`17:12, 18:5,
`18:7, 18:22,
`19:2, 19:14
`circuit
`17:1cite
`13:9citing
`15:18
`claim
`5:12claimed
`16:16
`
`Transcript of Conference Call
`Conducted on June 18, 2018
`consider
`10:14
`consideration
`15:16
`considered
`16:2contend
`10:16
`continue
`3:6copies
`5:2, 5:7, 9:15,
`9:17copy
`4:7correct
`9:12, 12:1,
`12:4, 12:6,
`19:1, 19:8, 20:6
`correctly
`19:5could
`6:17, 7:12,
`8:16, 8:17, 9:7,
`13:14, 16:16,
`19:6counsel
`9:9, 20:10
`course
`12:16
`court
`3:22, 4:2, 20:1
`critically
`17:19
`currently
`10:6cut
`17:8cutler
`2:7cynthia
`2:14, 3:17
`D
`danford
`2:4, 3:9, 3:10,
`3:13, 4:4, 4:5,
`4:6, 4:9, 4:12,
`
`claims
`11:2clear
`9:16close
`19:4colleagues
`17:19, 18:16
`combination
`5:19, 9:3
`come
`9:4, 9:6
`comes
`12:21, 14:16,
`15:3coming
`7:14, 7:19,
`8:12comments
`18:6commission
`20:17
`commonwealth
`20:22
`compares
`18:10
`concede
`13:22
`conceding
`13:17
`concern
`14:15
`conclusions
`15:5conference
`1:16, 3:3
`consensus
`5:13, 5:16,
`5:22, 6:7, 6:10,
`7:6, 10:17,
`10:22, 11:11,
`11:17, 12:15,
`13:1, 13:3,
`13:10, 14:3,
`14:21, 16:10,
`16:17, 16:19,
`18:1, 18:10,
`18:13
`
`7
`
`4:17, 4:19, 8:7,
`8:9, 8:13, 9:13,
`11:7, 13:5,
`13:8, 13:16,
`13:19, 14:11,
`15:7, 17:7,
`17:10, 18:21,
`19:5, 19:8,
`19:13
`danford's
`18:6date
`7:18dave
`3:11david
`2:6day
`19:16, 20:15
`dc
`2:9deadline
`8:2declaration
`6:2, 7:3,
`11:15, 11:18,
`17:21
`declarations
`5:6, 5:7, 9:14,
`17:16
`deposed
`18:2deposition
`11:20, 18:3
`depositions
`10:20
`describes
`6:22developed
`13:1did
`4:5, 5:4,
`12:22, 17:9,
`17:15, 19:5
`difference
`9:18differences
`9:17, 9:20
`
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`

`

`differently
`8:17, 9:8
`direct
`16:11, 18:8
`directly
`16:8, 18:10
`disclose
`17:16
`disclosed
`6:11discloses
`6:6, 14:7
`disclosure
`17:13
`discuss
`18:15
`discussed
`7:9, 9:18,
`10:9, 11:10,
`11:16, 11:19,
`12:4, 12:6
`discussion
`12:8, 14:2
`disputed
`10:4distinguish
`16:18, 16:19
`distinguishes
`10:14
`document
`17:4doesn't
`11:5doing
`14:22
`don't
`14:11, 18:8,
`18:11
`done
`17:16
`dorr
`2:7down
`8:22dr
`11:14, 12:21,
`12:22, 13:1,
`13:3, 13:15,
`
`Transcript of Conference Call
`Conducted on June 18, 2018
`17:11, 17:17,
`6:5, 6:12, 6:17,
`18:9draw
`6:21, 6:22, 7:8,
`8:8, 17:18, 18:9
`expect
`15:5due
`3:5expert
`15:9, 19:10
`during
`5:6, 6:2, 6:21,
`11:14
`7:10, 8:11,
`expires
`8:13, 8:21,
`11:19
`20:17
`explain
`E
`4:17explains
`earlier
`6:18, 9:7,
`14:2
`17:13, 17:21
`F
`effect
`f-o-o-t-e
`19:12
`effort
`8:9facie
`10:11, 16:18
`eighth
`14:4, 14:14,
`2:17else
`15:6, 15:14,
`15:19
`fact
`19:12
`employed
`10:18
`facts
`20:11
`esquire
`10:8federal
`2:4, 2:5, 2:6,
`2:13, 2:14
`17:1field
`even
`10:5, 16:12
`10:21
`evidence
`file
`4:15, 5:15,
`4:14, 7:10,
`6:10, 10:10,
`7:13, 7:20, 8:2
`filed
`11:5, 15:18,
`15:21, 17:3
`5:3, 5:7, 6:13
`exact
`financial
`9:17exactly
`20:12
`find
`12:21
`19:3first
`example
`8:18, 9:8,
`6:1, 6:5, 6:12,
`13:11, 13:13,
`6:14, 6:20, 7:7,
`15:18
`8:8, 18:3
`exclude
`fit
`8:1excuse
`11:5follow
`7:14exhibit
`17:9foote
`4:7, 6:3, 6:4,
`8:9, 8:10,
`
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`
`8
`
`10:4, 11:8,
`12:3, 12:8,
`12:21, 12:22,
`13:1, 14:5,
`14:6, 16:6,
`17:17
`foregoing
`20:5, 20:6
`forward
`8:19, 10:20,
`15:11
`framed
`13:19
`frames
`6:15friday
`8:2, 19:7
`from
`5:9, 7:12,
`7:17, 10:10,
`10:15, 16:15,
`16:16, 16:19,
`17:1, 18:18
`front
`15:21
`G
`genentech
`1:8, 2:3, 3:8,
`3:10, 4:5, 10:9,
`11:3, 11:9,
`11:10, 12:11
`genentech's
`12:18, 16:9
`general
`9:12generally
`10:1go
`13:14
`going
`8:15, 18:14,
`19:4gone
`8:19, 8:22,
`10:20, 15:17,
`15:22
`good
`3:2, 3:9, 3:12,
`
`

`

`3:19, 18:19,
`19:15
`goodwin
`2:15ground
`10:5grounds
`5:5, 6:6, 10:3,
`10:6guess
`16:11
`gunther
`2:5, 3:11
`H
`had
`5:15, 6:9, 7:5,
`8:14, 9:5, 9:6,
`15:1, 17:8,
`17:16
`hale
`2:7hand
`16:14, 20:14
`happy
`9:21hardman
`2:14, 3:18
`harm
`8:12has
`11:14
`have
`3:7, 3:10,
`3:14, 3:17,
`6:17, 7:12,
`7:16, 8:2, 8:16,
`8:17, 8:19, 9:4,
`9:7, 9:18,
`10:20, 10:21,
`12:14, 13:19,
`14:1, 15:17,
`15:20, 19:6,
`19:9, 20:12,
`20:14
`haven't
`9:5, 15:1
`hear
`18:20
`
`Transcript of Conference Call
`Conducted on June 18, 2018
`heard
`16:17
`humanization
`18:3hearing
`11:17
`humanize
`7:18help
`10:22, 12:16
`humanized
`4:21here
`16:13
`humanizing
`4:1, 7:11,
`8:16, 9:12,
`10:17, 13:2,
`10:3, 10:9,
`13:4
`I
`11:8, 14:15,
`14:22, 15:17,
`i'll
`16:15
`16:11
`hereby
`identified
`20:5hereunto
`7:12improper
`20:14
`6:8inc
`hi
`3:16highlights
`1:5, 1:8, 2:12
`included
`10:13
`5:21, 7:5
`him
`including
`18:2his
`14:3information
`7:1, 7:2,
`11:7informational
`11:16, 11:17,
`11:18, 11:20,
`16:2instituted
`13:2, 13:4,
`17:13, 17:16,
`6:6, 10:6
`17:19, 17:20,
`interest
`17:21, 18:3,
`20:12
`18:4, 18:10,
`into
`18:12
`6:13, 7:19,
`history
`8:12introduced
`7:11, 7:13,
`11:10, 11:12
`17:3introducing
`hold
`18:15
`6:14introduction
`honestly
`9:6honor
`16:12
`invalidity
`3:9, 4:4, 8:14,
`10:3invention
`13:8, 15:7,
`17:11, 19:8,
`10:15
`19:13, 19:14
`involved
`how
`18:1ipr
`9:10, 17:15
`human
`1:11, 1:12,
`10:16, 10:22,
`
`9
`
`3:3, 3:4
`isn't
`15:20
`issue
`4:17, 6:16
`issues
`8:5, 14:17
`it's
`4:8, 7:10,
`7:11, 7:17,
`7:18, 8:9, 9:4,
`9:16, 11:3,
`11:22, 13:8,
`13:11, 14:8,
`15:22
`its
`5:21, 10:2,
`11:5, 12:11,
`20:12
`J
`job
`1:19joined
`3:11joining
`3:6jr
`2:5judge
`3:2, 3:4, 3:5,
`3:12, 3:19, 4:2,
`4:6, 4:10, 4:13,
`8:7, 8:10, 9:9,
`11:22, 12:3,
`12:7, 13:5,
`13:16, 14:8,
`15:3, 16:3,
`17:7, 18:5,
`18:14, 18:19,
`18:22, 19:3,
`19:9, 19:15
`july
`7:18june
`1:17, 20:15
`just
`4:19, 4:21,
`
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`

`

`10
`
`6:15, 9:4, 9:12,
`9:13, 9:16,
`10:7, 13:9,
`13:13, 13:14,
`15:20, 16:5,
`16:7, 16:12
`K
`k-a-v-a-t
`5:19kavat
`5:19, 9:3
`keith
`1:21, 4:1, 20:3
`kind
`7:19know
`7:2, 8:14, 9:3,
`14:11, 15:10
`knowledge
`17:5known
`8:15, 14:6,
`14:21
`knows
`7:16
`L
`lab
`12:22, 17:17,
`17:19
`last
`18:5, 18:6
`late
`7:15, 7:18
`least
`6:18, 13:17
`leave
`7:20legitimate
`13:6, 14:13,
`17:3legitimately
`14:8light
`7:13like
`9:11, 15:8
`
`Transcript of Conference Call
`Conducted on June 18, 2018
`limitation
`miss
`5:12, 5:16,
`16:3, 17:12,
`5:22, 13:11,
`18:5month
`14:4limited
`7:17more
`13:9, 15:16
`line
`16:4most
`3:4, 3:7, 3:14,
`3:17, 3:21,
`7:22motion
`15:17, 16:1
`linnea
`4:14, 7:21,
`2:13, 3:16
`8:1, 8:3, 19:4
`little
`multiple
`4:21, 17:8
`12:16
`llp
`mylan
`2:7lot
`5:3, 5:4
`N
`16:18
`name
`M
`4:1narrative
`made
`10:8, 12:11,
`11:6neither
`14:19, 17:13
`mainly
`20:10
`never
`10:13
`make
`7:3, 17:20,
`9:11, 9:13,
`18:2new
`9:16, 17:9,
`17:11
`2:16, 2:18,
`making
`5:11, 6:3, 9:4,
`18:12
`17:15
`matter
`nor
`15:9, 15:20
`20:10
`may
`not
`4:16, 5:10
`6:5, 6:17,
`maybe
`8:18, 9:17,
`4:19, 13:14
`9:21, 10:2,
`mean
`10:3, 11:4,
`11:8, 12:4,
`14:20, 18:7
`mentioned
`12:6, 13:6,
`13:8, 13:13,
`7:4, 7:5, 17:20
`mentions
`14:12, 16:1
`notarial
`6:21mischaracterizat-
`20:15
`notary
`ions
`20:1, 20:21
`10:12
`noted
`mischaracterize
`10:18, 11:7,
`11:4
`
`11:9novel
`16:10
`now
`7:14, 7:17,
`7:20, 8:12,
`8:22, 12:8,
`18:15
`nw
`2:8
`O
`obviousness
`12:13, 14:5,
`14:14
`off
`17:8, 19:17
`office
`1:1officer
`20:4okay
`19:15
`one
`5:17, 12:10,
`12:12, 17:8,
`17:19, 17:22
`opportunity
`6:9, 15:2
`oral
`7:17order
`19:12
`original
`5:14, 7:3
`other
`3:21, 14:9,
`14:17
`others
`10:21
`otherwise
`20:12
`our
`8:3, 9:14,
`11:3, 11:16,
`12:13, 12:17,
`12:20, 14:13,
`14:15, 15:5,
`
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`

`

`15:17, 16:6
`ourselves
`8:17out
`19:11
`outcome
`20:13
`over
`14:16, 15:17,
`16:1own
`7:1, 15:5,
`17:13
`owner
`1:9, 2:3, 3:8,
`3:10, 4:5, 4:14,
`9:19, 11:20,
`17:4owner's
`10:13, 12:11,
`16:12, 16:20
`P
`pact
`13:4page
`13:12, 15:19,
`16:6pages
`1:20, 19:10,
`19:11
`paper
`11:8, 11:21,
`12:21, 17:18
`papers
`10:11, 10:19,
`11:16
`paragraph
`14:1, 18:9
`parallel
`8:1, 8:4
`paraphrasing
`16:15
`part
`6:6, 7:1, 7:10,
`8:15, 13:3,
`13:17, 14:4,
`14:15, 15:18
`
`Transcript of Conference Call
`Conducted on June 18, 2018
`particular
`point
`7:4parties
`9:5, 10:1,
`13:15, 17:8,
`17:11, 17:12
`3:21, 20:11
`points
`patent
`14:5pollock
`1:1, 1:3, 1:9,
`1:13, 2:3, 3:7,
`3:10, 4:5, 4:14,
`3:2, 3:4, 3:12,
`5:1, 9:19,
`3:19, 4:2, 4:6,
`10:13, 10:15,
`4:10, 4:13, 8:7,
`11:1, 11:13,
`8:10, 9:9,
`11:20, 12:11,
`11:22, 12:3,
`16:12, 16:20,
`12:7, 13:5,
`17:4, 18:11
`13:16, 14:8,
`pennsylvania
`15:3, 16:3,
`17:7, 18:5,
`2:8, 20:22
`permitted
`18:14, 18:19,
`18:22, 19:3,
`11:4, 16:22
`petition
`19:9, 19:15
`popping
`5:14, 5:22,
`12:9position
`11:15, 12:4,
`12:6, 14:20,
`11:3, 14:20
`15:11, 17:21,
`potentially
`17:22
`petitioner
`14:16
`presented
`1:6, 2:12,
`3:14, 9:9
`5:11, 5:15,
`petitioner's
`6:18, 7:9, 8:16,
`9:7preserve
`4:16, 10:11,
`10:19, 15:10,
`19:10
`10:11
`petitions
`previous
`5:2, 5:5, 5:18,
`9:15previously
`9:14, 9:15,
`9:21, 9:22
`5:3prima
`pharmaceuticals
`17:2pickering
`14:4, 14:14,
`15:6, 15:14,
`2:7picking
`15:19
`prior
`16:14
`5:8, 9:21,
`piece
`10:12, 10:15,
`10:20, 11:4,
`13:19
`piling
`11:12, 11:19,
`13:1, 14:19,
`14:22
`play
`16:11, 16:13,
`16:15, 16:19,
`8:12please
`17:6, 17:16
`4:7
`
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`
`11
`
`procedure
`15:9proceeding
`5:8, 6:13, 7:3,
`7:20, 7:22,
`8:18, 10:19,
`13:12, 16:7
`proceedings
`4:20, 4:22,
`5:4, 9:19,
`18:17, 20:5,
`20:7process
`15:10
`procter
`2:15produced
`16:16
`professional
`20:4prompted
`12:7proper
`16:22
`prosecution
`7:10, 8:11,
`8:14, 8:21,
`11:10, 11:12
`public
`20:1, 20:21
`purpose
`14:10, 14:16,
`16:2put
`5:5, 11:20,
`13:20, 18:15
`putting
`15:11
`Q
`queen
`5:17, 5:18, 9:2
`question
`18:12
`R
`raised
`8:11, 8:13,
`
`

`

`S
`
`Transcript of Conference Call
`Conducted on June 18, 2018
`retained
`4:2reviewed
`5:10reviewing
`7:12riechmann
`11:14, 12:22,
`13:3, 13:15,
`17:12, 18:9
`right
`18:14, 18:15,
`19:3, 19:9
`robert
`2:5rpr
`1:21
`said
`20:7same
`5:1, 5:5, 5:6,
`8:5say
`15:5saying
`10:3, 16:13
`says
`6:21scheduled
`7:17seal
`20:15
`second
`7:8, 10:1
`section
`13:20
`see
`4:18seeking
`10:10
`seeks
`4:14seems
`10:10
`send
`19:11
`
`relied
`6:3relief
`7:22remind
`4:20reply
`4:16, 5:9,
`5:10, 6:1, 6:4,
`6:14, 7:7,
`11:16, 12:9,
`13:12, 15:19,
`16:7, 16:22,
`17:3, 18:4
`reported
`1:21reporter
`3:22, 4:3,
`20:1, 20:4
`required
`16:14
`research
`6:22, 7:1, 7:2
`respect
`5:11, 5:16,
`5:21, 15:6,
`15:13
`respectfully
`15:8, 15:15
`respond
`9:6, 9:10,
`14:17, 16:5
`responded
`6:11, 8:22
`responding
`13:20
`response
`10:8, 10:13,
`12:11, 13:6,
`15:13, 16:8,
`16:13, 16:20,
`19:10
`results
`12:13, 12:19,
`13:6, 13:9,
`13:14, 13:18,
`13:21, 14:18,
`15:4
`
`9:1, 13:15
`read
`6:20reading
`17:6ready
`19:6really
`6:16, 7:14,
`10:9, 10:11,
`16:17, 17:15
`reason
`6:17, 8:19,
`12:20
`reasons
`6:19rebuttal
`12:13, 13:13,
`13:18, 14:9,
`14:13, 15:4
`received
`5:9recent
`17:1recess
`18:17
`record
`4:11, 9:12,
`14:19, 19