`
`FOR THE DISTRICT OF NEW JERSEY
`
`eee x
`
`UNITED THERAPEUTICS CORPORATION,
`
`Plaintiff,
`
`vs.
`
`Case No.:
`3:15-cv-05723-PGS-LHG
`
`WATSON LABORATORIES,
`
`INC.,
`
`Defendant.
`
`<<< SSS SS SEE EE Ee ee eee ee ee x
`
`Job No. 50474
`
`REPORTED BY:
`SHERI E. LISS, CSR, RPR, CRR, CLR, RSA
`
`CONFIDENTIAL
`
`VIDEOTAPED DEPOSITION OF
`
`MAUREEN D. DONOVAN, Ph.D.
`
`Chicago, Illinois
`
`June 8, 2017
`
`9:05 a.m.
`
`UNITED THERAPEUTICS, EX. 2117
`WATSON LABORATORIESv. UNITED THERAPEUTICS, IPR2017-01622
`Page 1 of 9
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`CONFIDENTIAL - MAUREEN D. DONOVAN, Ph.D.
`
`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
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`State of Illinois pertaining to the taking of
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`depositions for the purposes of evidence,
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`taken
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`before Sheri E. Liss, CSR NO. 084-002600,
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`a
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`Certified Shorthand Reporter within and for the
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`State of Illinois, Registered Professional Reporter,
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`Certified Realtime Reporter, at the offices of
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`Winston & Strawn, 35 East Wacker Drive, Chicago,
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`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. 2117
`WATSON LABORATORIESv. UNITED THERAPEUTICS, IPR2017-01622
`Page 2 of 9
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`CONFIDENTIAL - MAUREEN D. DONOVAN, Ph.D.
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`APPEARANCES:
`
`ON BEHALF OF THE PLAINTIFF:
`
`WILSON SONSINI GOODRICH & ROSATI
`
`1700 K Street, NW
`
`Fifth Floor
`
`Washington, D.C. 20006-3814
`
`BY:
`
`VERONICA SUSANA ASCARRUNZ, ESQ.
`
`vascarrunz@wsgr.com
`
`-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. 2117
`WATSON LABORATORIES v. UNITED THERAPEUTICS, IPR2017-01622
`Page 3 of 9
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`CONFIDENTIAL - MAUREEN D. DONOVAN, Ph.D.
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`APPEARANCES (continued):
`
`ON BEHALF OF THE DEFENDANT:
`
`WINSTON & STRAWN
`
`35 West Wacker Drive, Suite 4100
`
`Chicago, Illinois
`
`60601
`
`BY: MICHAEL K. NUTTER, ESQ.
`
`mnutter@winston.com
`
`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. 2117
`WATSON LABORATORIESv. UNITED THERAPEUTICS, IPR2017-01622
`Page 4 of 9
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`CONFIDENTIAL - MAUREEN D. DONOVAN, Ph.D.
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`INDEX
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`MAUREEN DONOVAN, Ph.D.
`
`EXAMINATION
`
`Ms. Ascarrunz
`Mr. Nutter
`
`PAGE
`
`222
`
`EXHIBITS
`
`NO.
`
`DESCRIPTION
`
`MARKED/REFERRED TO
`
`Exhibit
`
`1
`
`Exhibit 2
`
`Exhibit 3
`Exhibit 4
`Exhibit 5
`Exhibit 6
`Exhibit 7
`
`Exhibit
`
`8
`
`Exhibit 9
`Exhibit
`1
`Exhibit
`1
`Exhibit
`1
`Exhibit
`1
`Exhibit
`
`1 mWhroO
`
`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-0113891
`WATSON-TYVASO-0113980
`
`
`
`
`
`DAVID FELDMAN WORLDWIDE,INC.
`450 Seventh Avenue - Ste 500, New York, NY 10123 1.800.642.1099
`
`UNITED THERAPEUTICS, EX. 2117
`WATSON LABORATORIES v. UNITED THERAPEUTICS, IPR2017-01622
`Page 5 of 9
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`CONFIDENTIAL - MAUREEN D. DONOVAN, Ph.D.
`
`THE VIDEOGRAPHER: We are now on the
`
`record. This marks the beginning of Media No.
`
`1
`
`in
`
`the deposition of Dr. Maureen Donovan in the matter
`
`of United Therapeutics Corporation versus Watson
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`Laboratories in the U.S. District Court, District of
`
`New Jersey. This deposition is being held at 35
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`West Wacker Drive, Chicago, Illinois on June 8,
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`2017. And the time is now 9:05 a.m.
`
`Will attorneys please identify
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`themselves.
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`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,
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`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. 2117
`WATSON LABORATORIESv. UNITED THERAPEUTICS, IPR2017-01622
`Page 6 of 9
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`CONFIDENTIAL - MAUREEN D. DONOVAN, Ph.D.
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`144
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`513?
`
`MR. NUTTER: Correct.
`
`MS. ASCARRUNZ: Okay.
`
`THE WITNESS:
`
`Do you have an iPhone?
`
`MR. NUTTER:
`
`I do. That's a timeline of
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`various nebulizers at the bottom.
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`MS. ASCARRUNZ:
`
`The URL looks different.
`
`Okay.
`
`I'll try to sort it out during a break.
`
`Maybe we could just move along.
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`BY MS. ASCARRUNZ:
`
`Q.
`
`In Paragraph 329 of the Myrdal report,
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`Dr. Myrdal wrote that the Opti-Neb -- "the first
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`generation Opti-Neb device was
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`'a simple device that
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`merely provided a timer-controlled output of drug.'"
`
`Is that consistent with your
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`understanding?
`
`A.
`
`Q.
`
`Yes, it is.
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`Is it your understanding that that first
`
`generation Opti-Neb device was a constant output
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`device?
`
`A.
`
`When the on switch was on, yes, it was a
`
`constant output device.
`
`QO.
`
`And do you agree with me that constant
`
`output is not a pulse?
`
`A.
`
`No.
`
`DAVID FELDMAN WORLDWIDE,INC.
`450 Seventh Avenue - Ste 500, New York, NY 10123 1.800.642.1099
`
`UNITED THERAPEUTICS, EX. 2117
`WATSON LABORATORIESv. UNITED THERAPEUTICS, IPR2017-01622
`Page 7 of 9
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`CONFIDENTIAL - MAUREEN D. DONOVAN, Ph.D.
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`150
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`rapidly enough to manual control to deliver the
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`pulse length that I've defined as a pulse.
`
`Q.
`
`Let's talk about the second generation
`
`of Opti-Neb.
`
`Do you understand that to be the
`
`Opti-Neb-ir?
`
`A.
`
`Q.
`
`Yes,
`
`I do.
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`And in connection with the Opti-Neb-ir,
`
`in Paragraph 329, Dr. Myrdal indicates that the
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`second generation product Opti-Neb-ir was also made
`
`commercially available.
`
`Is that your understanding as well?
`
`A.
`
`Q.
`
`It is.
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`Where in the Myrdal report does
`
`Dr. Myrdal indicate or site a date for when the
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`Opti-Neb-ir was commercially available?
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`MR. NUTTER: Objection. Asked and
`
`answered.
`
`BY THE WITNESS:
`
`A.
`
`Well, as I pointed out
`
`in Paragraph 323,
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`it must have been developed and available in 2004 or
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`before based on the date of the EMEA discussion
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`that's described in that paragraph. And otherwise,
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`most of the dating and availability in the Opti-Neb
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`family,
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`information in this report is based in
`
`information provided by Dr. Biette.
`
`DAVID FELDMAN WORLDWIDE,INC.
`450 Seventh Avenue - Ste 500, New York, NY 10123 1.800.642.1099
`
`UNITED THERAPEUTICS, EX. 2117
`WATSON LABORATORIESv. UNITED THERAPEUTICS, IPR2017-01622
`Page 8 of 9
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`CONFIDENTIAL - MAUREEN D. DONOVAN, Ph.D.
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`153
`
`A.
`
`I'll rephrase.
`
`I don't recall from my
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`review of the development reports seeing information
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`about Opti-Neb devices being tested with
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`treprostinil that were not commercially available
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`devices or ready to be sold to UTC or whomever if
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`that device were to go forward in a product
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`development sense.
`
`Q.
`
`So your assumption is that any Opti-Neb
`
`devices on which United Therapeutics worked must
`
`have been commercially available?
`
`A.
`
`I don't think that's an assumption.
`
`I
`
`think it's just the documents I recall reviewing as
`
`I sit here today all speak to the Opti-Neb-ir and
`
`that was a commercially available nebulizer.
`
`Q.
`
`Is it your understanding that the
`
`Opti-Neb-ir was a single device versus having
`
`multiple models that were termed Opti-Neb-ir?
`
`A.
`
`I don't have any specific knowledge of
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`that.
`
`Q.
`
`A.
`
`What is the third generation Opti-Neb?
`
`Third generation Opti-Neb is the
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`Opti-Neb-ir A-I-C-I.
`
`Q.
`
`And it's your opinion that that device
`
`was also made commercially available, correct?
`
`A.
`
`Yes, it is. Or let me think for just a
`
`DAVID FELDMAN WORLDWIDE,INC.
`450 Seventh Avenue - Ste 500, New York, NY 10123 1.800.642.1099
`
`UNITED THERAPEUTICS, EX. 2117
`WATSON LABORATORIESv. UNITED THERAPEUTICS, IPR2017-01622
`Page 9 of 9
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