Transcript of Jefferson Foote,
`Ph.D.
`
`Date: February 4, 2018
`Case: Pfizer, Inc. -v- Genentech, Inc. (PTAB)
`
`Planet Depos
`Phone: 888.433.3767
`Email:: transcripts@planetdepos.com
`www.planetdepos.com
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`WORLDWIDE COURT REPORTING | INTERPRETATION | TRIAL SERVICES
`
`Pfizer v. Genentech
`IPR2017-01489
`Genentech Exhibit 2039
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`

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`Transcript of Jefferson Foote, Ph.D.
`Conducted on February 4, 2018
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` A P P E A R A N C E S
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`ON BEHALF OF THE PETITIONER:
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` BENJAMIN LASKY, ESQ.
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` MARK C. McLENNAN, ESQ.
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` KIRKLAND & ELLIS, LLP
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` 601 Lexington Avenue
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` New York, New York 10022
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` (212) 446-4800
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` blasky@kirkland.com
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`ON BEHALF OF THE PATENT OWNER:
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` ROBERT J. GUNTHER, JR., ESQ.
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` ANDREW H. LE, ESQ.
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` WILMER CUTLER PICKERING HALE and DORR, LLP
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` 7 World Trade Center
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` 250 Greenwich Street
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` New York, New York 10007
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` (212) 230-8830
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` robert.gunther@wilmerhale.com
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` andrew.le@wilmerhale.com
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`ALSO PRESENT:
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` RYAN LaFOND, The Videographer
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` UNITED STATES PATENT AND TRADEMARK OFFICE
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` BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`PFIZER, INC.,
` Case No.:
` IPR2017-01488
` Petitioner, IPR2017-01489
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`-vs-
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`GENENTECH, INC.,
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` Patent Owner.
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`- - - - - - - - - - - - - - - - -
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` Deposition of JEFFERSON FOOTE, Ph.D.
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` San Diego, California
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` Sunday, February 4, 2018
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` 8:59 a.m.
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`Job No.: 174277
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`Pages: 1 - 365
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`Reported by: Tricia Rosate, RDR, RMR, CRR
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`CSR No. 10891
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` WENDY HSU, Pfizer
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` C O N T E N T S
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`EXAMINATION OF JEFFERSON FOOTE, Ph.D. PAGE
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` By Mr. Gunther ..................... 6, 348, 361
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` By Mr. Lasky ..................... 312, 354
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` E X H I B I T S
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` (Attached to transcript)
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`EXHIBIT DESCRIPTION PAGE
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`Exhibit 1193 "Functional and Regulatory 328
` Aspects of Enzyme Action"
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`Exhibit 2051 "Chimeric and Humanized 129
` Antibodies With Specificity
` For the CD33 Antigen"
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`Exhibit 2052 Excerpted portion of trial 140
` transcript
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`Exhibit 2053 "Therapeutic Antibodies For 164
` Human Disease At The Dawn Of
` The Twenty-First Century"
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`Exhibit 2054 "Monoclonal Antibodies in 169
` Diagnosis and Therapy"
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`Exhibit 2055 "Anti-body Based Therapy, 185
` Humanized antibodies"
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` PREVIOUSLY MARKED EXHIBITS
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` Exhibit 1001 Exhibit 1034
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` Exhibit 1003 Exhibit 1050
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` Exhibit 1033 Exhibit 1071
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` Deposition OF JEFFERSON FOOTE, Ph.D., held at:
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` Hilton Garden Inn Bayside
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` 2137 Pacific Highway, Suite A
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` Ivy Room
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` San Diego, California 92101
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` Pursuant to Notice, before Tricia Rosate, RDR,
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`RMR, CRR, CCRR, Certified Shorthand Reporter No.
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`10891 in and for the State of California.
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`Transcript of Jefferson Foote, Ph.D.
`Conducted on February 4, 2018
`5
` SAN DIEGO, CALIFORNIA; SUNDAY, FEBRUARY 4, 2018
` 8:59 A.M. - 6:24 P.M.
` - - - -
` THE VIDEOGRAPHER: Good morning. Here
`begins Media No. 1 in the videotaped deposition of
`Jefferson Foote in the matter of Hospira, Inc., vs.
`Genentech Inc.
` The case number is IPR2017-01488 and 01489.
` Today's date is Sunday, February 4, 2018.
`The time on the record is 8:59 a.m.
` My name is Ryan LaFond. I am the
`videographer.
` The court reporter today is Tricia Rosate,
`representing Planet Depos.
` This video deposition is taking place at
`2137 Pacific Highway in San Diego, California.
` Would counsel please identify yourselves and
`state whom you represent.
` MR. LASKY: Benjamin Lasky from
`Kirkland & Ellis, representing Pfizer, Hospira, and
`the witness.
` With me today is my colleague from
`Kirkland & Ellis, Mark McLennan; and also Wendy Hsu,
`H-s-u, from Pfizer.
` MR. GUNTHER: And for the patent owner,
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` Q Okay. And, sir, you're here today as an
`expert on behalf of Pfizer and Hospira; correct?
` A Correct.
` Q Relating to IPRs that they filed. They
`filed two of them, and the numbers have been read
`into the record, and they relate to challenges to the
`Carter-Presta '213 patent; correct?
` A Correct.
` Q Okay. Now, sir, I want to hand you -- I
`want to get your declarations in front of you, and so
`let's do that now, if we can.
` So I'm -- I'm handing you what has been
`previously marked as Pfizer Exhibit 1003.
` (Exhibit 1003 was referenced.)
`BY MR. GUNTHER:
` Q And, sir, I'd like you to take a look at
`that, if you can, and confirm for me that that's your
`declaration that was submitted in the 01488 IPR
`relating to the '213 patent.
` A Okay.
` Q And you can feel free to take the little
`band off there, and if it gets a little out of order,
`we'll try to keep it -- we'll try to do our best to
`keep it in order.
` A Okay. This looks like my declaration.
`
`2 (5 to 8)
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`Genentech, Bob Gunther and Andrew Le of the
`Wilmer Hale firm.
` THE VIDEOGRAPHER: Thank you very much.
` Would the reporter please swear in the
`witness.
` JEFFERSON FOOTE, PhD,
` having been first duly sworn, testified as follows:
` EXAMINATION
`BY MR. GUNTHER:
` Q Good morning, Dr. Foote.
` A Good morning, Mr. Gunther.
` Q Good to see you again.
` You and I did have -- met once before. I
`took your deposition, and I think we decided it was
`in 2016 in a -- in a previous case. Correct?
` A That's correct.
` Q And that was -- do you remember the name of
`that case?
` A That was Sanofi and Regeneron vs. Genentech
`again.
` Q Right. And City of Hope, I think, too.
` A The City of Hope. Yes.
` Q And that involved the Cabilly patents; is
`that right?
` A It did.
`
` Q I think, if you turn to page 194, if I've
`got this right, that should be the signature page.
` A Two numbering systems.
` And there's my signature. Yes.
` Q Okay. Great.
` And -- and -- and, Dr. Foote, you see that
`you signed that declaration, Exhibit 1003, on May 23,
`2017; is that right?
` A That's right.
` Q And I take it you've reviewed that -- the
`0
`declaration and exhibits recently; correct?
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` A Yes.
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` Q You did that in connection with preparing
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`for your testimony today?
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` A I did.
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` Q Okay. And in doing --
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` A Oh, declaration, not -- I didn't review all
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`the exhibits.
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` Q Okay. Did you look at some of the exhibits
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`in preparing for your deposition?
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` A Some, yes, but -- yes.
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` Q Not all?
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` A Not all.
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` Q Okay. Fair enough.
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` And, sir, in the course of -- at any point
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`Transcript of Jefferson Foote, Ph.D.
`Conducted on February 4, 2018
`9
`
`since you signed the declaration on May 23, 2017, and
`today, have you identified any errors or inaccuracy
`in -- in your declaration?
` A Just a couple. And this isn't an error. It
`was true at the time. That --
` Yeah. Paragraph 2 that says I'm currently
`the chief science officer of Arrowsmith
`Technologies --
` Q Okay.
` A -- in Seattle.
` I'm no longer the chief science officer.
`I'm a shareholder in this company, but I have no --
`no role in it.
` Q Okay. And that -- and when you say you're a
`shareholder in the company but you have no role, you
`mean no role as -- as -- as any type of employee; is
`that correct?
` A That's right.
` Q Okay. And when did you -- when did that --
`when did your relationship with Arrowsmith change?
` A Last summer.
` Q Okay. So that would have been sort of
`mid-2017?
` A That's right.
` Q Okay.
`
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` A Yeah.
` Q All right. And -- and, sir, what are you --
`what are you currently doing? What is your current
`work?
` A I wanted to make the other correction.
` Q Oh, I'm sorry. Right. Right. Right. Fair
`enough. Let's do those.
` A Let's see.
` In paragraph 48, it says, in the second
`sentence, "However, I note that in my review of the
`'213 patent, the '213 patent contains errors for both
`the light and heavy chain."
` Q Yes.
` A The way it's written there, it sounds like
`this is my discovery, but that's Dr. Padlan's
`discovery from an earlier version of this case.
` Q Okay. So -- and we're going to talk about
`that, but what you -- just to make sure I understand
`the -- the point you're making with respect to the
`second sentence of paragraph 48 of Exhibit 1003 --
` A Yeah.
` Q -- your point is that you -- you were not
`intending to imply that you had discovered --
` A That's right.
` Q -- the alleged errors that -- but that you
`
` A No. It's space that I rent in a
`bioincubator.
` Q I see.
` And when did -- how long have you been
`renting that space and doing that -- that work?
` A Since 2008. Originally, that was going to
`feed into Arrowsmith, but like I said, I've cut my
`connections there, and it's purely for myself now.
` Q I understand.
` A I'm starting a new project.
`0
` Q Okay. And -- and, obviously, I'm not trying
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`to get into the details of that new project, but does
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`it involve antibody engineering?
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` A It does. Yes.
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` Q Okay. All right. And does it involve
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`humanization of antibodies?
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` A Not at this stage.
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` Q Okay. Okay. And are you doing -- is it
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`fair --
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` Are you doing research of the type that you
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`would characterize as sort of academic research in
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`terms of, you know, sort of working on a project and
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`then helping to publish papers, or is it something
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`more than that?
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` MR. LASKY: Objection to the form.
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`were reporting on something that Dr. Padlan had
`previously identified; is that correct?
` A That's just a small point.
` Q Okay.
` A But I looked at it, and I agreed with
`Dr. Padlan.
` Q Fair enough. Fair enough. And let me just
`make sure I understand that.
` You did look at what he -- the -- the --
`what he identified, and you agreed with him.
` A Yes.
` Q Okay.
` A Uh-huh.
` Q All right. And -- so let me just come back.
`We were talking about the change in relationship that
`you had with Arrowsmith --
` A Yes.
` Q -- in the summer of last year.
` And so my question to you is: What -- what
`have you been doing in terms of professional
`activities since then?
` A The main difference is that I'm doing
`research in the lab much more than previously.
` Q Okay. And -- and is there a lab that you're
`affiliated with currently?
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`4 (13 to 16)
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`Transcript of Jefferson Foote, Ph.D.
`Conducted on February 4, 2018
`13
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` THE WITNESS: Well, you've -- you've touched
`on a point about separation between academic and
`corporate research, and I'm not sure there is a
`distinction. Pasteur had this great line about there
`being no difference between the fruit and the tree
`that grows the fruit.
`BY MR. GUNTHER:
` Q Right. Right. Right.
` A So I'm doing a project where I need to do
`some very deep background work in an area that hasn't
`been studied before, and that much is academic, but I
`hope it leads to new drugs.
` Q Practical --
` Yeah. Got it. Okay. That's -- that's very
`helpful, and I appreciate that. And I appreciate the
`Pasteur analogy as well.
` So let me also, if I can, while we're --
`while we're just getting the declarations, let me put
`the declaration that you prepared for the IPR, which
`is -- goes by the number 01489, and that has been
`previously marked as Exhibit -- oh, sorry --
`Exhibit 1503 in that proceeding.
` And this is -- I'm sorry. This is -- this
`is it. And --
` A This is it.
`
`many hours you spent preparing the declaration that
`is Exhibit 1003?
` A Oh.
` Q Approximately.
` A That would come from the billing records,
`but I might guess 50.
` Q 50 hours?
` A Maybe.
` Q Okay.
` A Just -- that's a rough guess.
` Q Yeah. Understood. Understood.
` And then how about Exhibit 1503? And
`recognizing that there's a fair amount of overlap,
`can you -- can you give me any sense of about how
`long you think you spent on that -- on that
`declaration?
` A I did them as though they were one.
` Q I see. Okay.
` So the 50 hours, would that apply to both,
`basically?
` A That's right.
` Q Okay. Now, sir, you -- if you take a look
`at -- let's go back to Exhibit 1003. And I'm going
`to ask you to take -- take a look at paragraph 11,
`and that's on page 4.
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` (Exhibit 1503 was referenced.)
`BY MR. GUNTHER:
` Q And -- and, Dr. Foote, I'm going to ask you
`a few questions about this, but I think probably most
`of my questions are going to end up coming back to
`the prior one, Exhibit 1003.
` So, again, I think if -- if you could turn
`to -- with -- in Exhibit 1503, can you first confirm
`for me that this is your declaration filed in the
`01489 IPR challenging the claims of the '213 patent?
` A Here's my signature again. And, yes, it's
`mine.
` Q Okay. And -- and this -- just staying with
`your signature page. It's again on page 194. That
`was also signed on May 23, 2017; correct?
` A That was.
` Q Okay. And -- and, sir, same question that I
`asked you with respect to the prior declaration.
`With respect to Exhibit 1503, have you identified any
`errors or inaccuracies that you'd like to correct at
`this time?
` A I think these two declarations are very
`similar and it would be the same ones.
` Q Okay. Great. Thank you.
` Are you able at this juncture to tell me how
`
` A Uh-huh.
` Q And you state in paragraph 11 that -- you
`note that Mylan had previously filed an IPR
`challenging certain claims of the '213 patent;
`correct?
` A Correct.
` Q And you say that, as part of your analysis
`you considered, you have considered Mylan's IPR
`petitions and the declarations filed in support of
`them; is that correct?
`0
` A Correct.
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` Q Okay. So here's -- here's what I want to
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`try to see if I can get at: When -- when did you
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`first learn of the '213 patent? When did that first
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`become something that you -- you -- you were aware
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`of?
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` A I -- I -- I can't remember reading about it
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`except in this case.
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` Q Okay.
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` A If I -- I might have come across it and have
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`forgotten about it.
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` Q So is -- is your best recollection --
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`specific recollection of actually seeing the '213
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`patent -- is your first current recollection seeing
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`it in connection with this case?
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`Transcript of Jefferson Foote, Ph.D.
`Conducted on February 4, 2018
`17
`
` A Yes.
` MR. LASKY: Objection to the form.
` MR. GUNTHER: Okay.
` THE WITNESS: Yes. That's -- this case made
`me aware of it.
`BY MR. GUNTHER:
` Q Okay. And when -- when did you -- do you
`recall when you were retained for this case?
` A I think it was around March of last year.
` Q Okay.
` A It was not very long before the filing.
` Q All right. So your best recollection is
`that you were retained in March of 2017 by -- were
`you retained by Hospira and Pfizer or the law firm?
`Or are you -- do you know about that?
` A I was contacted by Kirkland & Ellis.
` Q Okay. Okay. And -- and so you were
`retained in March, and then you signed the
`declarations, as we've identified, on May 23, 2017;
`right?
` A That's right.
` Q Okay. So it was a -- a period of about
`maybe two months?
` A Yes.
` Q Is that fair?
`
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` A Yes.
` Q Okay. And when you -- when you were
`retained, did you conduct an analysis, an independent
`analysis, of the '213 patent's validity yourself?
` And what -- and I want to see if I can tell
`you what I'm trying to contrast that against.
` A Okay.
` Q Did you do that, or were -- were you given
`the materials from the Mylan IPR and did that form
`part of your analysis right from the beginning?
` MR. LASKY: Objection to the form.
` I also caution you not to reveal the
`substance of communications with counsel, but
`otherwise, you can answer that question.
` THE WITNESS: I was given a number of
`documents, and I don't recall the order in which I
`was given them or the order in which I read them. So
`in my declaration, I refer to these IPR petitions and
`declarations.
`BY MR. GUNTHER:
` Q Yes.
` A But I -- I can't recall exactly what
`documents were in front of me, in what order.
` Q Okay. Do you have a recollection, as you
`sit here today, prior to getting any information
`
` A I -- I'm afraid I can't recall --
` Q Okay.
` A -- what happened in what order.
` Q Okay.
` A Yeah.
` Q Did -- do you recall --
` Did you do any independent prior art
`searching against the claims of the '213 patent?
` A Independent prior art searching against the
`claims?
`0
` Q And here's what I mean --
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` A Yeah.
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` Q Here's what I mean by that.
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` A Yeah.
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` Q The Mylan petitions and declarations rely on
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`certain prior art; correct?
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` A Right. Yes.
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` Q So my question is: Did you -- separate and
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`apart from the prior art that's reflected in the
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`Mylan petitions, did you, yourself, go out and look
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`for prior art relating to the '213 patent?
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` A I did not do a formal prior art search in
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`the sense that someone might do in preparation for
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`filing a patent. I did look at some of the
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`literature at the time, and I knew a lot of
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`about the Mylan IPRs, of having the '213 patent and
`conducting your own assessment of whether or not the
`claims were valid or not?
` A Do you mean after being retained and before
`being given document --
` Do you mean before being retained, looking
`at the '213 patent?
` Q No. Here's what I'm trying to get at.
` A Yeah.
` Q I'm sorry if I'm being unclear.
` A Yeah.
` Q So you were retained in March.
` A Yes.
` Q The best you can recollect, as you sit here
`today, you can't -- you can't -- although you may
`have seen the '213 patent prior to that, the first
`specific memory that you have of seeing that is when
`you were retained in March; correct?
` A Correct.
` Q Okay. So -- so now I'm focusing on at that
`point. You're retained in March; you're made aware
`of the '213 patent. And at that point, did you
`conduct an independent analysis of the validity of
`any of the claims of the '213 patent before being
`given the Mylan IPR papers?
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`Transcript of Jefferson Foote, Ph.D.
`Conducted on February 4, 2018
`21
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`literature at the time, but I can't really tell you
`exactly what I saw --
` Q Okay. All right.
` A -- when.
` Q Now, you --
` In your -- excuse me -- declarations, you
`rely on certain prior art, which you say either
`anticipates or renders obvious certain claims of the
`'213 patent; correct?
` A I do. Correct.
` Q Okay. And that prior art, is it -- is it
`correct that -- that the prior art that you rely in
`terms of your opinions with respect to either
`anticipation or obviousness, that prior art is the
`same as the Mylan prior -- the prior art that is
`reflected in the Mylan IPRs? Is that correct?
` A I cannot tell you if they're exactly
`identical, but I -- I think they're substantially
`similar.
` Q Okay. Can you think of any art that you've
`relied on in terms of the grounds of either of the --
`of the IPRs, either the 140 -- the -- sorry, the --
`I'll always get these numbers goofed up -- the 01488
`or 01489 IPRs?
` Can you identify any art that you rely on in
`
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`your declarations as a ground for invalidity of a
`claim of the '213 patent that you identified separate
`and apart from Mylan?
` A I'm sorry to be slow to answer. I can't
`recall if there was anything else I brought into the
`declaration in the -- in the course of writing it.
` Q Okay.
` A I did use Mylan as a starting point, but I
`modified -- I used Dr. Padlan's declaration as a
`starting point, but I modified that.
` Q Right. Right.
` A And I can't recall whether I brought in
`extra things or not. Once I started writing, I
`didn't look back.
` Q Okay.
` A Uh-huh.
` Q Okay. And -- and if you take a look --
`staying with paragraph 11. We were talking about
`paragraph 11 of your declaration, which is
`Exhibit 1003.
` You -- you note that -- this is now the
`second sentence: "As part of my analysis, I've
`considered Mylan's IPR petitions and the declarations
`filed in support of them. I have applied my own
`judgment and expertise, and after reviewing the
`
` Yeah. I -- let me just --
` I -- I don't recall making separate redline
`versions of --
`BY MR. GUNTHER:
` Q Okay.
` A -- Padlan and --
` Q Okay.
` A -- showing all the changes. I think I just
`edited, ad-libbed --
` Q I see what you're saying. So, I mean --
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`well, let me just make sure I understand that.
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` A Yeah.
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` Q If you're a dinosaur like me, sometimes what
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`you do is you print the document out and actually
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`handwrite changes on it. I take it you did not do
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`that.
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` A I don't recall doing that. No.
`17
` Q Okay. Okay. What -- but what you recall,
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`as best you can sitting here today -- and this would
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`be with respect to both Exhibit 1003 and
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`Exhibit 1503 -- thank you -- is that you had a Word
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`version and you basically edited that Word version
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`but not in a redline form. You basically just sort
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`of made changes and kind of went -- went through the
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`document and made changes. Is that fair?
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`materials in Mylan's Padlan declaration, as well as
`conducting my own fact checking and consideration of
`potential counterarguments, I have come to the same
`ultimate conclusions as Dr. Padlan, as set forth in
`his declaration."
` Right? And that's -- that's the process
`that you went through?
` A Yes. Uh-huh.
` Q Okay. Now, did you have --
` I'm just trying to understand how you
`actually did this work. Did you have a Word version
`of Dr. Padlan's declaration?
` A I believe I -- I may have started with a
`Word version. Yes.
` Q Okay. And did you do -- did you do a
`redline of that? In -- in other words, mark it up in
`a way that -- where you were making changes but left
`certain things as they were?
` MR. LASKY: I'm going to object to the
`extent that it calls for communications with counsel.
` But, otherwise, you can answer.
` THE WITNESS: I don't recall the procedure I
`used from a typographic point of view. I did not
`feel a need to mark all the differences from Padlan.
`I just went my own way. So it's -- it's --
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`Transcript of Jefferson Foote, Ph.D.
`Conducted on February 4, 2018
`25
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` A That's fair. It's like a lump of clay that
`I'm working with, shaping.
` Q You're molding.
` A Yeah.
` Q And it's a lump of clay that came from
`someone else, came from Dr. Padlan; correct?
` A Correct.
` Q And -- and then set forth his various
`opinions and identified certain prior art that he
`thought invalidated certain claims of the '213
`patent, and you started that -- with that and, like
`with a lump of clay, reshaped that into your own
`declaration. Is that fair?
` A That's --
` MR. LASKY: Objection to the form.
` THE WITNESS: That's fair. I started with
`his, and I reshaped it.
`BY MR. GUNTHER:
` Q Okay. Okay.
` A Made better.
` Q Now -- now, I want to come back to a
`question I asked you a little while ago, and the
`reason I -- because we've talked a little bit more,
`and I don't know whether the going through this will
`have refreshed your memory at all.
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` What I'm -- what I'm trying to get at is:
`Prior to doing what you just described for me in
`terms of working with the original Padlan declaration
`and effectively making it your own, do you have any
`recollection of sitting down just with the patent,
`the '213 patent, prior to getting any information
`about Mylan and formulating opinions and thinking
`about prior art in terms of whether or not the claims
`were valid or not?
` A Sitting down with '213 prior to Padlan?
` Q Yes.
` A I don't recall doing that, but, again, I
`can't recall the order in which I received these
`documents.
` Q Okay. Right.
` A My analysis was a more holistic process.
` Q Right. Right.
` And isn't it fair to say that, if you were
`able to do this in two months -- and I'm not -- you
`know, I'm not being critical.
` I'm just saying, if you were able -- if you
`were doing this on sort of a two-month time frame, it
`would have made sense for you to start with stuff
`that had been previously done; right?
` MR. LASKY: Objection to the form. Calls
`
`validity analysis; correct?
` A Some.
` Q Some.
` How long do you think it would have taken
`you if you didn't have Padlan's information?
` MR. LASKY: Objection to the form. Calls
`for speculation. Incomplete hypothetical.
` THE WITNESS: That's -- that's tough to say.
`I tend to work very slowly and part-time, and if this
`much took me two months, then with -- without
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`Padlan's, it would have taken me at least twice as
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`long, but --
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`BY MR. GUNTHER:
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` Q Okay.
`14
` A Maybe longer.
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` Q Maybe longer?
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` A Maybe three times. Maybe four times.
`17
` Q Okay. Fair.
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` A I tend to take a very long time to do a
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`manuscript all by myself because I'm -- I have a
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`perfectionist streak.
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` Q You're careful. And you and I have talked
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`before. You're a very careful guy; right?
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` A Thank you. Yes.
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` Q Okay. So let me ask you this: Is -- is
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`for speculation.
` THE WITNESS: Well, I felt --
` How did I feel?
` Having Padlan's declaration was certainly an
`advantage.
`BY MR. GUNTHER:
` Q It was -- it saved you time, didn't it?
` MR. LASKY: Objection to the form.
` THE WITNESS: Yes. I could not have written
`this declaration in two months if I had not had
`Padlan's to start with.
`BY MR. GUNTHER:
` Q Right.
` A That much is fair.
` Q Right.
` A Uh-huh.
` Q Based on the analysis that's set forth in
`Padlan as you then made it your own -- if -- let me
`see if I can -- let's see if you can answer this
`question.
` A Yeah.
` Q If you were starting from scratch -- and
`you've been an expert witness before; right?
` A Yes.
` Q So you have some experience in doing
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`Transcript of Jefferson Foote, Ph.D.
`Conducted on February 4, 2018
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`Dr. Padlan somebody that you knew prior to getting
`involved in this case?
` A I've never met him in person, but I've known
`him by reputation for quite a long time.
` Q Okay. Okay.
` I'm sorry. I didn't mean to stop you.
` A And, you know, he's certain -- someone who's
`contributed, you know, loads of findings to the
`antibody field, and I've had great respect for him.
` Q You may -- your -- your prior answer may
`have actually answered this question, but let me --
`let me try.
` I take it you did not talk to Dr. Padlan or
`communicate with him in any fashion in connection
`with the work that you did in this case.
` Is that correct?
` A That is correct.
` Q Okay. Did you ask to talk to him at any
`point?
` A No.
` Q Okay. Did you ask to communicate with him
`in any way during -- during the course of your work?
` A No.
` Q So, for example, in terms of the changes
`that you made to Dr. Padlan's dec- -- declaration, as
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` A In 1993.
` Q Okay. And was this the lab --
` Where were you at the time in 1993?
` A I was at the Fred Hutchinson Cancer Research
`Center.
` Q Okay.
` MR. LASKY: Just wait until the question's
`finished before answering.
`BY MR. GUNTHER:
` Q And I'll try to -- and I'll try to wait
`until you to finish answers. We're both -- we're
`both a little bit tough on that; right?
` A Right.
` Q So Mr. Buss came over and --
` Is he a PhD, by the way?
` A He doesn't have a PhD.
` Q Okay. But he came over, and he worked in --
`in your lab at Hutchinson starting in 1993. And how
`long did he work in that lab?
` A I would --
` Approximately 2002. We finally ran out of
`money, and I couldn't pay him any- -- anymore. So
`that's the only reason he left.
` Q Yep.
` And then what did he do after that?
`
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`you reshaped it and made it your own, you don't know
`what he -- what he would think independently about
`those changes; correct?
` A I have no idea what he would think. That's
`correct.
` Q Okay. Okay.
` Now, Timothy Buss has also submitted
`declarations in these IPR proceedings; correct?
` A Correct.
` Q And did you know him prior to getting
`involved in this case?
` A Yes.
` Q Okay. Is he someone you've worked with in
`the past?
` A He is.
` Q And can you describe how you've worked with
`him in the past?
` A I first met Mr. Buss when I was a -- when I
`was working in England, and he was a technician in
`Greg Winter's lab. And I saw what a careful
`worker -- worker he was. And I got a job set up in
`Seattle, and I asked him if he would like to go there
`and work in my lab that I was starting.
` Q Okay. And when did -- when did he come over
`and start working in your lab?
`
` A He moved to San Diego, and he's held various
`jobs in San Diego. And I think some were academic,
`some corporate. But I -- I couldn't tell you
`exactly what --
` Q That's okay. We'll -- we're going to have a
`chance to talk to him, and we can ask him those
`questions.
` A Yeah.
` Q But let me -- let me -- let me see if I can
`ask you this question: Was it your idea for Mr. Buss
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` Q Okay. Was it a coincidence? I mean --
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