`
`
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE DISTRICT OF NEW JERSEY
`
`________________________________ X
`
`UNITED THERAPEUTICS CORPORATION,
`
`Plaintiff,
`
`Case N0.:
`
`vs.
`
`3:15—CV-05723—PGS—LHG
`
`WATSON LABORATORIES,
`
`INC.,
`
`Defendant.
`
`________________________________ X
`
`CONFIDENTIAL
`
`VIDEOTAPED DEPOSITION OF
`
`MAUREEN D. DONOVAN, Ph.D.
`
`
`
`Chicago, Illinois
`
`June 8, 201?
`
`9:05 a.m.
`
`REPORTED BY:
`
`SHERI E. LISS, CSR, RPR, CRR, CLR, RSA
`Job No. 504?4
`
`
`
`UNITED THERAPEUTICS, EX. 2029
`WATSON LABORATORIES V. UNITED THERAPEUTICS, IPR2017-D1622
`Page 1 of 10
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`241
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`CONFIDENTIAL - MAUREEN D. DONOVAN, PhD.
`
`The videotaped deposition of MAUREEN D.
`
`DONOVAN, Ph.D., called by the Plaintiff for
`
`examination,
`
`taken pursuant to the Code of Civil
`
`Procedure and the Rules of the Supreme Court of the
`
`
`State of Illinois pertaining to the taking of
`
`depositions for the purposes of evidence,
`
`taken
`
`before Sheri E. Liss, CSR N0. 084—002600, a
`
`Certified Shorthand Reporter within and for the
`
`State of Illinois, Registered Professional Reporter,
`
`Certified Realtime Reporter, at the offices of
`
`Winston & Strawn, 35 East Wacker Drive, Chicago,
`
`Illinois, on June 8, 2017 at the hour 9:05 o‘clock
`
`a.m.
`
`
`
`
`
`DAVID FELDMAN WORLDWIDE, INC.
`450 Seventh Avenue - Ste 500, New York, NY 10123 1.800.642.1099
`
`UNITED THERAPEUTICS, EX. 2029
`WATSON LABORATORIES V. UNITED THERAPEUTICS, |PR2017—D1622
`Page 2 of 10
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`241
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`CONFIDENTIAL - MAUREEN D. DONOVAN, PhD.
`
`APPEARANCES :
`
`ON BEHALF OF THE PLAINTIFF:
`
`
`
`
`
`
`WILSON SONS N GOODRICH & ROSATI
`
`1700 K Street, NW
`
`Fifth Floor
`
`Washington, D.C. 20006—3814
`
`BY:
`
`VERONICA SUSANA ASCARRUNZ, ESQ.
`
`vascarrunz@wsgr . COITI
`
`—and—
`
`WILSON SONSINI GOODRICH & ROSATI
`
`12235 El Camino Road, Suite 200
`
`San
`
`
`Diego, CA 92130-3002
`
`BY:
`
`NATHAN SCHARN, ESQ.
`
`nscharn@wsgr.com
`
`
`
`
`
`DAVID FELDMAN WORLDWIDE, INC.
`450 Seventh Avenue - Ste 500, New York, NY 10123 1.800.642.1099
`
`UNITED THERAPEUTICS, EX. 2029
`WATSON LABORATORIES V. UNITED THERAPEUTICS, IPR2017-D1622
`Page 3 of 10
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`241
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`CONFIDENTIAL - MAUREEN D. DONOVAN, PhD.
`
`APPEARANCES (continued) :
`
`
`
`ON BEHALF OF THE DEFENDANT:
`
`
`
`WINS TON & STRAWN
`
`35 West Wacker Drive, Suite 4100
`
`Chicago,r Illinois
`
`60601
`
`BY: MICHAEL K. NUTTER, ESQ.
`
`mutter@winston . corn
`
`ALSO PRESENT:
`
`JEREMY MANGAN, Videographer.
`
`
`
`
`
`DAVID FELDMAN WORLDWIDE, INC.
`450 Seventh Avenue - Ste 500, New York, NY 10123 1.800.642.1099
`
`UNITED THERAPEUTICS, EX. 2029
`WATSON LABORATORIES V. UNITED THERAPEUTICS, IPR2017-D1622
`Page 4 of 10
`
`
`
`CONFIDENTIAL - MAUREEN D. DONOVAN, PhD.
`
`I N D E X
`
`MAUREEN DONOVAN, Ph.D.
`
`EXAMINATI
`
`ION
`
`Ms. Ascarrunz
`Mr. Nutter
`
`PAGE
`
`222
`
`EXHIBITS
`
`NO.
`
`DESCRIPTION
`
`MARKED/REFERRED TO
`
`
`
`Donovan expert report dated
`April 14
`Expert Report of Paul
`Mydral
`U.S. Patent No. 6,521,212
`U.S. Patent No. 6,756,033
`U.S. Patent No. 9,358,240
`U.S. Patent No. 9,339,507
`Donovan expert report dated
`May 19, 2017
`Errata to Donovan expert
`report dated June 7, 2017
`Drug Compound
`U.S. Patent No. 5,234,953
`UTC_WAT_00459498
`UTC_WAT_00056638
`WATSON—TYVASO—Oll389l
`WATSON—TYVASO—0113980
`
`12
`
`13
`
`21
`21
`21
`21
`54
`
`
`
`84
`
`85
`86
`146
`146
`157
`158
`
`N a
`
`cumen»
`
`
`
`Exhibit
`
`Exhibit
`
`Exhibit
`Exhibit
`Exhibit
`Exhibit
`Exhibit
`
`Exhibit
`
`Exhibit
`Exhibit
`Exhibit
`Exhibit
`Exhibit
`Exhibit
`
`
`
`6
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`10
`
`II
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`12
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`L..-
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`‘6
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`20
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`21
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`22
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`23
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`24
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`
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`DAVID FELDMAN WORLDWIDE, INC.
`450 Seventh Avenue - Ste 500, New York, NY 10123 1.800.642.1099
`
`UNITED THERAPEUTICS, EX. 2029
`WATSON LABORATORIES V. UNITED THERAPEUTICS, |PR2017’-01622
`Page 5 of 10
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`241
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`CONFIDENTIAL - MAUREEN D. DONOVAN, PhD.
`
`THE VIDEOGRAPHER: We are now on the
`
`record. This marks the beginning of Media No.
`
`l in
`
`
`the deposition of Dr. Maureen Donovan in the matter
`
`of United Therapeutics Corporation versus Watson
`
`Laboratories in the U.S. District Court, District of
`
`New Jersey. This deposition is being held at 35
`
`West Wacker Drive, Chicago, Illinois on June 8,
`
`201?. And the time is now 9:05 a.m.
`
`Will attorneys please identify
`
`themselves.
`
`MS. ASCARRUNZ: Veronica Ascarrunz on
`
`behalf of United Therapeutics Corporation. With me
`
`is my colleague Nathan Scharn. Both of us are at
`
`Wilson Sonsini Goodrich & Rosati.
`
`MR. NUTTER: Michael Nutter with the law
`
`firm Winston & Strawn LLP, here today on behalf of
`
`the defendant, Watson, as well as the witness.
`
`(Whereupon,
`
`the witness was
`
`sworn.)
`
`MAUREEN D. DONOVAN, Ph.D.,
`
`having been first duly sworn, was examined and
`
`testified as follows:
`
`EXAMINATION
`
`
`
`
`
`DAVID FELDMAN WORLDWIDE. INC.
`450 Seventh Avenue - Ste 500, New York, NY 10123 1.800.642.1099
`
`UNITED THERAPEUTICS, EX. 2029
`WATSON LABORATORIES V. UNITED THERAPEUTICS, |PR2017—D1622
`Page 6 of 10
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`241
`
`CONFIDENTIAL - MAUREEN D. DONOVAN, PhD.
`
`138
`
`
`
`Opti—Neb nebulizer.
`
`Q.
`
`Did you at any time before this
`
`litigation come to be familiar with the features of
`
`the Opti-Neb devices?
`
`A.
`
`I don't think specifically, no.
`
`I
`
`provide lecture material about ultrasonic nebulizers
`
`but
`
`I don't recall that I've used specific aspect of
`
`an Opti—Neb product by name in those lectures.
`
`Q.
`
`And do you have previous familiarity
`
`with the Venta—Neb devices before this litigation?
`
`A.
`
`Q.
`
`Not specifically, no.
`
`Do you understand that there were
`
`multiple generations of the Opti—Neb device?
`
`A.
`
`Q.
`
`I do understand that, yes.
`
`And you understand that there were
`
`multiple generations of the Venta-Neb devices as
`
`well?
`
`A.
`
`The only Venta—Neb device I describe in
`
`my report is the Venta—Neb—ir A—I—C—I.
`
`Q.
`
`Okay.
`
`Do you recognize the model number
`
`0-N-107?
`
`A.
`
`Q.
`
`No,
`
`I do not.
`
`With respect to the Opti-Neb devices,
`
`what is your understanding of the evolution of that
`
`device over time?
`
`
`
`DAVID FELDMAN WORLDWIDE. INC.
`450 Seventh Avenue - Ste 500, New York, NY 10123 1.800.642.1099
`
`UNITED THERAPEUTICS, EX. 2029
`WATSON LABORATORIES V. UNITED THERAPEUTICS, |PR2017—D1622
`Page 7 of 10
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`CONFIDENTIAL - MAUREEN D. DONOVAN, PhD.
`
`A.
`
`I believe that I've taken the time to
`
`139
`
`
`
`have that described in the report.
`
`In
`
`Paragraphs 329 and 330.
`
`Q.
`
`A.
`
`You're talking about the Myrdal report?
`
`The Myrdal report, yes. And they're,
`
`in
`
`general,
`
`the first generation of Opti—Neb that I
`
`describe was an ultrasonic nebulizer and it had a
`
`timer included with it.
`
`The second generation,
`
`Opti—Neb—ir, allowed for programs and —— allowed the
`
`pulsed delivery from that ultrasonic nebulizer to be
`
`programmed across drugs likely and for individual
`
`patients. And then the Opti—Neb—ir A—I—C—I is the
`
`third generation and it's —— it generates defined
`
`pulses of aerosolized drug that can be synchronized
`
`with patient inspiration.
`
`Q.
`
`Is it your understanding that all models
`
`of Opti-Nebs, whether it be first generation, second
`
`generation or third generation, were commercially
`
`available?
`
`A.
`
`I don't have an understanding of the
`
`universe of modules that were labeled as Opti-Neb so
`
`I don't have a basis to declare.
`
`Q.
`
`But it is your position that at least at
`
`some point some Opti—Neb devices were commercially
`
`available?
`
`
`
`DAVID FELDMAN WORLDWIDE. INC.
`450 Seventh Avenue - Ste 500, New York, NY 10123 1.800.642.1099
`
`UNITED THERAPEUTICS, EX. 2029
`WATSON LABORATORIES V. UNITED THERAPEUTICS, |PR2017—D1622
`Page 8 of 10
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`
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`CONFIDENTIAL - MAUREEN D. DONOVAN, PhD.
`
`229
`
`SS:
`
`) }
`
`)
`
`STATE OF ILLINOIS
`
`COUNTY OF C O O K
`
`I, SHERI E. LISS, CSR NO. 084—002600, a
`
`Certified shorthand Reporter within and for the
`
`State of Illinois, Registered Professional Reporter,
`
`Certified Realtime Reporter, do hereby certify that
`
`previous to the commencement of the examination,
`
`said witness was duly sworn by me to testify; that
`
`the said deposition was taken at the time and place
`
`aforesaid;
`
`that the testimony given by said witness
`
`was reduced to writing by means of shorthand and
`
`thereafter transcribed into typewritten form; and
`
`that the foregoing is a true, correct and complete
`
`transcript of my shorthand notes so taken as
`
`aforesaid.
`
`I further certify that there were present
`
`at the taking of the said deposition the persons and
`
`parties as indicated on the appearance page made a
`
`part of this deposition.
`
`
`
`
`
`DAVID FELDMAN WORLDWIDE. INC.
`450 Seventh Avenue - Ste 500, New York, NY 10123 1.800.642.1099
`
`UNITED THERAPEUTICS, EX. 2029
`WATSON LABORATORIES V. UNITED THERAPEUTICS, IPR2017-D1622
`Page 9 of 10
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`CONFIDENTIAL - MAUREEN D. DONOVAN, PhD.
`
`l
`
`I further certify that I am not counsel
`
`230
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`2
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`3
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`4
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`5
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`5
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`L3
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`:4
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`for nor in any way related to any of the parties to
`
`this suit, nor am I
`
`in any way interested in the
`
`outcome thereof.
`
`I further certify that this certificate
`
`applies to the original signed and certified
`
`transcripts only.
`
`I assume no responsibility for
`
`the accuracy of any reproduced copies not made under
`
`my control or direction.
`
`IN TESTIMONY WHEREOF I have hereunto set
`
`my hand this 20th day of June, A.D., 2017.
`
`flag. 8 £343
`
`‘
`
`Sheri E. Liss, CSR, RPR, CRR, CLR
`
`DAVID FELDMAN WORLDWIDE, INC.
`450 Seventh Avenue - Ste 500, New York, NY 10123 1.800.642.1099
`
`UNITED THERAPEUTICS, EX. 2029
`WATSON LABORATORIES V. UNITED THERAPEUTICS, IPR2017-D1622
`Page 10 of 10
`
`
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