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` UNITED STATES PATENT AND TRADEMARK OFFICE
` ________________
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
` ________________
` APOTEX INC. AND APOTEX CORP.
` Petitioners,
` v.
` CELGENE CORPORATION
` Patent Owner
` ________________
` Case IPR2018-00685
` Patent 8,741,929
`
` Telephonic Hearing before
` Toni Scheiner, Lead Board Member,
` Grace Oberman and Michael Hoelter
` Wednesday, July 18, 2018
` 11:30 a.m.
`
`Reported by:
`Kelli Ann Willis, RPR, CRR
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`800-642-1099
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`David Feldman Worldwide
`A Veritext Company
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`www.veritext.com
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`Apotex Ex. 1018, p.1
`
`

`

`Page 2
`
`A P P E A R A N C E S
`
`On behalf of the Petitioner:
`Steptoe & Johnson LLP
` Steptoe & Johnson LLP
` 1114 Avenue of the Americas
` New York, NY 10036
`BY: JOHN MOLENDA, ESQ.
` VISHAL GUPTA, ESQ.
` jmolenda@steptoe.com
` vgupta@steptoe.com
`
`On behalf of the Patent Owner Celgene:
`
`QUINN EMANUEL URQUHART & SULLIVAN, LLP
` 51 Madison Avenue, 22nd Floor
` New York, NY 10010
` BY: F. DOMINIC CERRITO, ESQ.
` ANDREW S. CHALSON, ESQ.
` nickcerrito@quinnemanuel.com
` andrewchalson@quinnemanuel.com
`
`Also on the call:
` Steptoe Summer Associates:
` Henry Ard
` David Feigenbaum
`
`800-642-1099
`
`David Feldman Worldwide
`A Veritext Company
`
`www.veritext.com
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`Apotex Ex. 1018, p.2
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`

`

`Page 3
` THE COURT: Good morning. This is AP
` Scheiner, and I have APs Oberman and Hoelter on
` the line with me, and may I ask if all parties
` are prepared to begin?
` MR. MOLENDA: Good morning, your Honor.
` We are, your Honor.
` THE COURT: Okay. Wonderful.
` What we are going to do, this -- this
` particular call is going to be probably a
` little bit different from calls that you are
` used to. What I want to start with is a roll
` call, but then I want to set some ground rules
` before anybody says anything of substance.
` Since, as Petitioner asked for -- I'm
` sorry. I'm getting a little bit of echo. Are
` you hearing that?
` MR. MOLENDA: Not on our end, your Honor.
` This is Steptoe.
` MR. CERRITO: Not on our end here either,
` your Honor.
` THE COURT: It must be -- I guess it is
` just me. I can deal with it.
` So, first of all, do we have a court
` reporter on the line? And who was responsible
` for retaining -- if so, who was responsible for
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`David Feldman Worldwide
`A Veritext Company
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`www.veritext.com
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`Apotex Ex. 1018, p.3
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`

`

`Page 4
`
` retaining the reporter?
` MR. MOLENDA: Hi, your Honor. This is
` John Molenda from Steptoe on behalf of the
` Petitioner. We were responsible for that and
` we do indeed have a court reporter on the phone
` with us.
` THE COURT: Wonderful. And after we have
` concluded this, could you be responsible for
` making sure that we get a copy of the
` transcript, please?
` MR. MOLENDA: Absolutely.
` THE COURT: Okay. Thank you.
` So, okay, let's start the role call.
` Petitioner requested the call, so why don't we
` start with Petitioner, please.
` And if you could spell your names for me,
` that would -- that would help.
` MR. MOLENDA: Yes, your Honor. This is
` John Molenda, M-O-L-E-N-D-A. I will be arguing
` for Petitioner today.
` THE COURT: Thank you.
` MR. MOLENDA: And I'm joined by Vishal
` Gupta, V-I-S-H-A-L, G-U-P-T-A.
` And I'm also joined by a couple of summer
` associates, Henry Ard, A-R-D, as in dog.
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`800-642-1099
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`David Feldman Worldwide
`A Veritext Company
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`www.veritext.com
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`Apotex Ex. 1018, p.4
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`

`

`Page 5
`
` THE COURT: Uh-huh.
` MR. MOLENDA: As well as David Feigenbaum,
` F-E-I-G-E-N-B-A-U-M.
` THE COURT: Thank you. And for Patent
` Owner?
` MR. CERRITO: Good morning, your Honor.
` Nick Cerrito.
` THE COURT: Good morning.
` MR. CERRITO: Good morning.
` C-E-R-R-I-T-O.
` THE COURT: Uh-huh.
` MR. CERRITO: And Andrew Chalson,
` C-H-A-L-S-O-N, on behalf of Patent Owner.
` THE COURT: Thank you very much.
` Okay. Now, I want to set some ground
` rules here because this is a little bit of an
` unusual situation. Petitioner, as we
` understand the email, Petitioner is asking
` leave to file a Reply to the Preliminary
` Response to address certain -- one, certain
` mischaracterizations of prosecution history and
` asserted art; omission of controlling
` precedent; and reliance upon attorney argument
` in lieu of testimony.
` Now, what I want to avoid at all costs is
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`David Feldman Worldwide
`A Veritext Company
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`www.veritext.com
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`Apotex Ex. 1018, p.5
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`

`

`Page 6
` any discussion on this, during this case of
` specifics of the merits. I don't want to
` entertain any arguments on the merits, because
` the Reply is not something you would get of
` right.
` What I am -- what we are interested in is
` a discussion of the reasons why this is such an
` extraordinary situation that you would think
` that a Reply is appropriate. Keeping in mind
` that when we review the Petition and the
` Preliminary Response, if there is a Preliminary
` Response, as there is in this case, we look at
` the underlying evidence and we look at the
` Prosecution History that is being -- that is
` being addressed. We looked at the Asserted
` Art, and we determine whether we are
` comfortable with the characterizations of the
` Prosecution History and the Asserted Art.
` But we don't just -- and I'm not trying to
` be rude here -- but we don't just take your
` word for it. We look at the underlying
` documentation. And we also are accustomed to
` discerning the difference between attorney
` argument and -- and argument that is
` supported -- or unsupported attorney argument
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`800-642-1099
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`David Feldman Worldwide
`A Veritext Company
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`www.veritext.com
`
`Apotex Ex. 1018, p.6
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`

`

`Page 7
` and supported attorney argument. This is the
` bread and butter of what we do. And that is
` why we don't normally entertain a Reply under
` these circumstances.
` Now, the controlling precedent, perhaps
` that is a little bit different. If there is --
` and we will get to that, we will circle back to
` that. But right now, what I would like to hear
` from Petitioner is, I would like to hear why
` you believe that this particular case warrants
` a Reply.
` MR. MOLENDA: Yes, your Honor. And I will
` be mindful of doing my best to steer clear of
` what you advised us about.
` THE COURT: Yes. Please don't be offended
` if I jump in and say, stop right there. I
` really want to avoid getting anything, any
` specific discussion on the merits expressed in
` this call. So...
` MR. MOLENDA: Yes, your Honor. And
` sometimes that line is a little, you know, hard
` to find.
` THE COURT: I know. I know. Take your
` time.
` MR. MOLENDA: Okay.
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`David Feldman Worldwide
`A Veritext Company
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`www.veritext.com
`
`Apotex Ex. 1018, p.7
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`

`

`Page 8
` So, there are three basic issues I would
` like to talk about, and what we are requesting
` is basically a reply brief that is half the
` allowable limit. We would like this to be
` short and targeted.
` And the first issue we want to address is
` that there are -- I think we counted at least
` seven statements in Celgene's Preliminary
` Response to the effect that the arguments are
` exactly the same.
` THE COURT: Okay. Okay.
` MR. MOLENDA: That is the first issue.
` THE COURT: All right. Let's stop right
` there.
` Is there anything -- let me ask this
` question a different way.
` MR. MOLENDA: Sure.
` THE COURT: Is there any reason that we
` can't read what Patent Owner has said and
` discern whether it is correct or not based on
` what we already have of record?
` MR. MOLENDA: Well, your Honor, I guess
` the -- there are so many of these statements
` throughout the brief that I wanted to make it
` easier for you to easily pinpoint --
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`David Feldman Worldwide
`A Veritext Company
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`www.veritext.com
`
`Apotex Ex. 1018, p.8
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`

`

`Page 9
` THE COURT: Well, I assure that we look at
` all of these statements in the course of
` determining whether to institute or not to
` institute. And we look at the underlying
` rationale and/or evidence in support of that,
` or lack thereof. So that is something that we
` do as a matter of course.
` MR. MOLENDA: Okay. Well, I guess maybe I
` will just keep this at a high level then.
` THE COURT: Please.
` MR. MOLENDA: And that would be -- that
` the intent of our Reply Brief was basically to
` point you to three instances where the art is
` clearly very different than what was before --
` THE COURT: Okay. Well, I can assure you
` that that is something that we will determine
` for ourselves, and that is what we do on a
` regular basis.
` Now, in the event that, once we have made
` our decision to institute or not institute, if
` you still feel that there is something that we
` overlooked or misapprehended, of course, we
` have a vehicle for that, you know, the Request
` for Rehearing.
` MR. MOLENDA: And I guess -- I guess to
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`David Feldman Worldwide
`A Veritext Company
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`www.veritext.com
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`Apotex Ex. 1018, p.9
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`

`

`Page 10
` maybe explain our concern is that, you know,
` when you repeat something enough times, there
` is a tendency to believe that it is true. And
` there were so many recitations in their brief
` that we were basically making exactly the same
` argument in Grounds 1 and 2 as what was before
` the Patent Office.
` THE COURT: I understand. I understand
` your concern, but I assure you that we look at
` this very carefully.
` MR. MOLENDA: Okay. And then --
` THE COURT: And so I don't think that this
` is anything outside of the ordinary. It is
` quite common for both sides to have
` diametrically opposed views of what is in the
` prosecution history and what is in the art, and
` we sift through that all of the time. That is
` what we do. It is the main thing that we do.
` MR. MOLENDA: Okay, your Honor.
` THE COURT: And the same was the case for
` attorney argument. And believe me, we are not
` going to give any of this short shrift.
` MR. MOLENDA: And maybe we can just press
` upon that issue as well. I mean, our basic
` argument was just that the volume of exhibits
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`David Feldman Worldwide
`A Veritext Company
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`www.veritext.com
`
`Apotex Ex. 1018, p.10
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`

`

`Page 11
` and the volume of inventorship arguments that
` had no declaration attached to them.
` THE COURT: Okay, I can tell you that I
` have glanced at the file, and so far I've not
` seeing anything particular unusual in the
` number of exhibits, the volume of exhibits,
` that sort of thing. It is -- and, of course, I
` have not delved into the merits yet.
` MR. MOLENDA: Correct.
` THE COURT: But so far, I see no reason
` for concern.
` Your arguments will be fully considered,
` so will Patent Owner's and we will look at the
` underlying documentation and the evidence.
` This is what we do.
` With that being said, if there is
` controlling precedent that you think has not
` been raised in either the petitioner or in the
` Patent Owner Preliminary Response, we would be
` willing to listen to, not an argument based on
` that, but -- but we might be willing to, after
` we hear from Patent Owner, of course, we may be
` willing to hear just to allow you to submit a
` one-page document with just the case site and
` the pin cite because. Because that might be
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`David Feldman Worldwide
`A Veritext Company
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`www.veritext.com
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`Apotex Ex. 1018, p.11
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`

`

`Page 12
`
` helpful to us.
` MR. MOLENDA: Yes, your Honor. I'm happy
` to --
` THE COURT: With no argument. No argument
` at all, based on that precedent.
` MR. MOLENDA: No argument based on the
` precedent.
` THE COURT: Right. Just precedent.
` If you feel that there is precedent that
` may have escaped us, that isn't mentioned in
` the Preliminary Response, or the Petition, and
` that you are concerned we may not consider,
` that is a different -- that is a somewhat
` different issue from Items 1 and 3.
` MR. MOLENDA: Okay.
` THE COURT: Before I commit to that, I
` would like to hear from Patent Owner on all of
` these issues.
` MR. CERRITO: Yes, your Honor. This is
` Nick Cerrito on behalf of Celgene for Quinn
` Emanuel.
` Obviously, I agree with the Board. I
` agree that Items 1 and 3, the Board can make
` their own call on this. This is Defendant's
` burden of proof. It was their obligation to
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`A Veritext Company
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`www.veritext.com
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`Apotex Ex. 1018, p.12
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`

`

`Page 13
` come forward. Whether they did or didn't, what
` the art says or it doesn't say, this is what
` the Board does. This is your job, and we will
` be confident that you will do your job. So, I
` don't think we need to spend much time on that.
` With regard to the controlling precedent,
` we obviously disagree. And I would point out
` in the most highest level sense, it was
` Petitioner's burden to proof here to raise
` issues in the Petition. To accept that they
` say there is a case that was not cited by us,
` well, it was their burden to cite it. They
` failed to cite it.
` Now, that we point out the controlling
` case law, which is really the controlling case
` law, they want to dispute it. Well, I think
` they have lost that opportunity at this point.
` They haven't shown good case. They could have
` came forward with the case, initially, and made
` the arguments based on the case, but they chose
` not to.
` But the fact that we cited what is truly
` controlling precedent from this court, not from
` a different unrelated decision, that is their
` failure, not ours, and they shouldn't be
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`A Veritext Company
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`www.veritext.com
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`Apotex Ex. 1018, p.13
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`

`

`Page 14
`
` granted this because of it.
` MR. MOLENDA: And, your Honor, maybe I
` respond to that, if that would be okay.
` THE COURT: Yes.
` MR. MOLENDA: And just to provide the
` context and this is not --
` THE COURT: I'm sorry. I should have
` asked you to do this before. If you could
` identify yourselves for the reporter. I'm
` sorry. That is something I should have said.
` MR. MOLENDA: This is John Molenda for
` Petitioner.
` Not being argumentative, but the context
` of this is whether the Celgene press release is
` prior art. That is what this relates to. And
` so we wanted to --
` THE COURT: Okay.
` MR. MOLENDA: That is it. So, we wanted
` to provide you -- point you to case law that --
` THE COURT: Okay. Actually, that is --
` that is what we are going to -- that is what we
` will allow. You may submit a one-page
` document, hopefully less, with the case cite
` and the pin cite. And that is it. No argument
` in that document. And we will look at -- on
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`A Veritext Company
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`www.veritext.com
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`Apotex Ex. 1018, p.14
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`

`

`Page 15
` the off-chance that it is something that we are
` not aware of.
` MR. CERRITO: Under your guidelines, your
` Honor, Patent Owner obviously has no objection
` to that.
` THE COURT: I'm sorry. Could you --
` MR. CERRITO: I apologize. You just told
` me to do it and I didn't do it. I apologize.
` Nick Cerrito from Quinn Emanuel.
` Under your Honor's guidelines, we
` obviously have no objection to that.
` THE COURT: Okay.
` Let me see. I'm going to go offline for a
` moment and confer with my colleagues and I will
` be back in just a moment.
` (Pause in the proceedings.)
` THE COURT: Okay. This Judge Scheiner.
` I'm back. I have conferred with my colleagues,
` and what we have decided is that we would ask
` you to file the transcript as an exhibit, the
` transcript of this call as an exhibit. And
` then a paper, Petitioner would file a one-page
` paper, probably a little bit less than a full
` page, titled, Submission of Case Law.
` And that would be filed, you know, not as
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`David Feldman Worldwide
`A Veritext Company
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`www.veritext.com
`
`Apotex Ex. 1018, p.15
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`

`

`Page 16
` a paper, not as an exhibit, within three
` business days. And just to be clear, on that
` paper, we would like just the name of the case,
` and/or cases, and the pin cites. No argument.
` Is that clear?
` MR. MOLENDA: Yes, your Honor. That is
` crystal clear. Is that clear enough?
` THE COURT: Okay.
` MR. CERRITO: It is.
` THE COURT: Is there anything else before
` we adjourn?
` MR. MOLENDA: Yes, your Honor.
` I just wanted to follow up --
` THE COURT: Please identify yourself for
` the record for the court reporter.
` MR. MOLENDA: Sorry. This is John Molenda
` one more time.
` We were surprised that they had challenged
` their press release, and what I wanted to ask
` permission to do, perhaps appended to this one
` pager, is that we would be happy to submit an
` additional copy of the press release that
` contains database information corroborating its
` dissemination by CR News Wire on the date of
` the press release.
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`David Feldman Worldwide
`A Veritext Company
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`www.veritext.com
`
`Apotex Ex. 1018, p.16
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`

`

`Page 17
` THE COURT: No, I'm afraid that is not
` acceptable. That is something that should
` have, if necessary, it should have been in the
` Petition.
` MR. MOLENDA: Okay. We don't feel it is
` necessary, but we wanted to check off every
` box.
` THE COURT: No.
` MR. MOLENDA: Okay.
` THE COURT: Okay. Well, if there is
` nothing else, I think we will adjourn and
` everyone have a good afternoon. Thank you very
` much.
` MR. MOLENDA: Thank you, your Honor.
` MR. CERRITO: Thank you.
` THE COURT: Bye-bye.
` (Thereupon, the proceedings were concluded
` at 11:52 a.m.)
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`800-642-1099
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`David Feldman Worldwide
`A Veritext Company
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`www.veritext.com
`
`Apotex Ex. 1018, p.17
`
`

`

` COURT CERTIFICATE
`
`Page 18
`
` I, KELLI ANN WILLIS, Registered
` Professional Reporter and Certified Realtime
` Reporter, certify that I was authorized to and
` did stenographically report the foregoing
` proceedings and that the transcript is a true
` and complete record of my stenographic notes.
`
` Dated this 19th day of July, 2018.
`
` <%Signature%>
` KELLI ANN WILLIS, RPR, CRR
`
`800-642-1099
`
`David Feldman Worldwide
`A Veritext Company
`
`www.veritext.com
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`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`Apotex Ex. 1018, p.18
`
`

`

`[& - concluded]
`
`&
`& 2:5,5,12
`1
`1 10:6 12:14,23
`10010 2:13
`10036 2:6
`1114 2:6
`11:30 1:18
`11:52 17:18
`18 1:17
`19th 18:11
`2
`
`2 10:6
`2018 1:17 18:11
`22nd 2:13
`3
`3 12:14,23
`5
`
`51 2:13
`
`8
`8,741,929 1:12
`a
`a.m. 1:18 17:18
`absolutely 4:11
`accept 13:10
`acceptable 17:2
`accustomed 6:22
`additional 16:22
`address 5:20 8:6
`addressed 6:15
`adjourn 16:11
`17:11
`advised 7:14
`afraid 17:1
`afternoon 17:12
`agree 12:22,23
`allow 11:23 14:22
`
`allowable 8:4
`americas 2:6
`andrew 2:14 5:12
`andrewchalson
`2:15
`ann 1:23 18:4,14
`anybody 3:13
`ap 3:1
`apologize 15:7,8
`apotex 1:5,5
`appeal 1:3
`appended 16:20
`appropriate 6:9
`aps 3:2
`ard 2:19 4:25
`arguing 4:19
`argument 5:23
`6:24,24,25 7:1
`10:6,21,25 11:20
`12:4,4,6 14:24
`16:4
`argumentative
`14:13
`arguments 6:3 8:9
`11:1,12 13:20
`art 5:22 6:16,18
`9:13 10:16 13:2
`14:15
`asked 3:14 14:8
`asking 5:18
`asserted 5:22 6:15
`6:18
`associates 2:18
`4:25
`assure 9:1,15 10:9
`attached 11:2
`attorney 5:23 6:23
`6:25 7:1 10:21
`authorized 18:6
`avenue 2:6,13
`
`avoid 5:25 7:17
`aware 15:2
`b
`
`b 5:3
`back 7:7 15:15,18
`based 8:20 11:20
`12:5,6 13:20
`basic 8:1 10:24
`basically 8:3 9:12
`10:5
`basis 9:18
`behalf 2:4,11 4:3
`5:13 12:20
`believe 7:10 10:3
`10:21
`best 7:13
`bit 3:10,15 5:16
`7:6 15:23
`board 1:3,15
`12:22,23 13:3
`box 17:7
`bread 7:2
`brief 8:3,24 9:12
`10:4
`burden 12:25 13:9
`13:12
`business 16:2
`butter 7:2
`bye 17:16,16
`c
`c 2:2 5:10,13
`call 2:17 3:9,12
`4:13,14 7:19
`12:24 15:21
`calls 3:10
`carefully 10:10
`case 1:11 6:1,12
`7:10 10:20 11:24
`13:11,15,15,18,19
`13:20 14:19,23
`
`Page 1
`
`15:24 16:3
`cases 16:4
`celgene 1:8 2:11
`12:20 14:14
`celgene's 8:8
`cerrito 2:14 3:19
`5:6,7,9,12 12:19
`12:20 15:3,7,9
`16:9 17:15
`certain 5:20,20
`certificate 18:1
`certified 18:5
`certify 18:6
`challenged 16:18
`chalson 2:14 5:12
`chance 15:1
`characterizations
`6:17
`check 17:6
`chose 13:20
`circle 7:7
`circumstances 7:4
`cite 11:25 13:12,13
`14:23,24
`cited 13:11,22
`cites 16:4
`clear 7:13 16:2,5,7
`16:7
`clearly 9:14
`colleagues 15:14
`15:18
`come 13:1
`comfortable 6:17
`commit 12:16
`common 10:14
`complete 18:9
`concern 10:1,9
`11:11
`concerned 12:12
`concluded 4:8
`17:17
`
`800-642-1099
`
`David Feldman Worldwide
`A Veritext Company
`
`www.veritext.com
`
`Apotex Ex. 1018, p.19
`
`

`

`[confer - honor]
`
`confer 15:14
`conferred 15:18
`confident 13:4
`consider 12:12
`considered 11:12
`contains 16:23
`context 14:6,13
`controlling 5:22
`7:5 11:17 13:6,14
`13:15,23
`copy 4:9 16:22
`corp 1:5
`corporation 1:8
`correct 8:20 11:9
`corroborating
`16:23
`costs 5:25
`counted 8:7
`couple 4:24
`course 9:2,7,22
`11:7,22
`court 3:1,7,21,23
`4:5,7,12,21 5:1,4,8
`5:11,14 7:15,23
`8:11,13,18 9:1,10
`9:15 10:8,12,20
`11:3,10 12:4,8,16
`13:23 14:4,7,17,20
`15:6,12,17 16:8,10
`16:14,15 17:1,8,10
`17:16 18:1
`cr 16:24
`crr 1:23 18:14
`crystal 16:7
`d
`d 4:19,25
`database 16:23
`date 16:24
`dated 18:11
`david 2:20 5:2
`
`day 18:11
`days 16:2
`deal 3:22
`decided 15:19
`decision 9:20
`13:24
`declaration 11:2
`defendant's 12:24
`delved 11:8
`determine 6:16
`9:16
`determining 9:3
`diametrically
`10:15
`difference 6:23
`different 3:10 7:6
`8:16 9:14 12:13
`12:14 13:24
`disagree 13:7
`discern 8:20
`discerning 6:23
`discussion 6:1,7
`7:18
`dispute 13:16
`dissemination
`16:24
`document 11:24
`14:23,25
`documentation
`6:22 11:14
`dog 4:25
`doing 7:13
`dominic 2:14
`e
`e 2:2,2 4:19 5:3,3
`5:10
`easier 8:25
`easily 8:25
`echo 3:15
`effect 8:9
`
`either 3:19 11:18
`email 5:18
`emanuel 2:12
`12:21 15:9
`entertain 6:3 7:3
`escaped 12:10
`esq 2:7,7,14,14
`event 9:19
`evidence 6:13 9:5
`11:14
`exactly 8:10 10:5
`exhibit 15:20,21
`16:1
`exhibits 10:25
`11:6,6
`explain 10:1
`expressed 7:18
`extraordinary 6:8
`f
`f 2:14 5:3
`fact 13:22
`failed 13:13
`failure 13:25
`far 11:4,10
`feel 9:21 12:9 17:5
`feigenbaum 2:20
`5:2
`file 5:19 11:4
`15:20,22
`filed 15:25
`find 7:22
`first 3:23 8:6,12
`floor 2:13
`follow 16:13
`foregoing 18:7
`forward 13:1,19
`full 15:23
`fully 11:12
`
`Page 2
`
`g
`g 4:23 5:3
`getting 3:15 7:17
`give 10:22
`glanced 11:4
`go 15:13
`going 3:8,9 10:22
`14:21 15:13
`good 3:1,5 5:6,8,9
`13:18 17:12
`grace 1:16
`granted 14:1
`ground 3:12 5:15
`grounds 10:6
`guess 3:21 8:22
`9:8,25,25
`guidelines 15:3,10
`gupta 2:7 4:23
`h
`h 4:23 5:13
`half 8:3
`happy 12:2 16:21
`hard 7:21
`hear 7:8,9 11:22
`11:23 12:17
`hearing 1:14 3:16
`help 4:17
`helpful 12:1
`henry 2:19 4:25
`hi 4:2
`high 9:9
`highest 13:8
`history 5:21 6:14
`6:18 10:16
`hoelter 1:16 3:2
`honor 3:5,6,17,20
`4:2,18 5:6 7:12,20
`8:22 10:19 12:2
`12:19 14:2 15:4
`16:6,12 17:14
`
`800-642-1099
`
`David Feldman Worldwide
`A Veritext Company
`
`www.veritext.com
`
`Apotex Ex. 1018, p.20
`
`

`

`[honor's - pinpoint]
`
`honor's 15:10
`hopefully 14:23
`huh 5:1,11
`i
`identify 14:9
`16:14
`information 16:23
`initially 13:19
`instances 9:13
`institute 9:3,4,20
`9:20
`intent 9:12
`interested 6:6
`inventorship 11:1
`ipr2018-00685
`1:11
`issue 8:6,12 10:24
`12:14
`issues 8:1 12:18
`13:10
`items 12:14,23
`j
`jmolenda 2:8
`job 13:3,4
`john 2:7 4:3,19
`14:11 16:16
`johnson 2:5,5
`joined 4:22,24
`judge 15:17
`july 1:17 18:11
`jump 7:16
`k
`keep 9:9
`keeping 6:9
`kelli 1:23 18:4,14
`know 7:21,23,23
`9:23 10:1 15:25
`
`l
`l 4:19,23 5:13
`lack 9:6
`law 13:15,16
`14:19 15:24
`lead 1:15
`leave 5:19
`level 9:9 13:8
`lieu 5:24
`limit 8:4
`line 3:3,24 7:21
`listen 11:20
`little 3:10,15 5:16
`7:6,21 15:23
`llp 2:5,5,12
`look 6:12,13,21
`9:1,4 10:9 11:13
`14:25
`looked 6:15
`lost 13:17
`m
`m 4:19 5:3
`madison 2:13
`main 10:18
`making 4:9 10:5
`matter 9:7
`mean 10:24
`member 1:15
`mentioned 12:10
`merits 6:2,3 7:18
`11:8
`michael 1:16
`mind 6:9
`mindful 7:13
`misapprehended
`9:22
`mischaracterizat...
`5:21
`molenda 2:7 3:5
`3:17 4:2,3,11,18
`
`4:19,22 5:2 7:12
`7:20,25 8:12,17,22
`9:8,11,25 10:11,19
`10:23 11:9 12:2,6
`12:15 14:2,5,11,11
`14:18 16:6,12,16
`16:16 17:5,9,14
`moment 15:14,15
`morning 3:1,5 5:6
`5:8,9
`
`n
`n 2:2 4:19 5:3,13
`name 16:3
`names 4:16
`necessary 17:3,6
`need 13:5
`new 2:6,13
`news 16:24
`nick 5:7 12:20
`15:9
`nickcerrito 2:15
`normally 7:3
`notes 18:9
`number 11:6
`ny 2:6,13
`o
`o 4:19 5:10,13
`oberman 1:16 3:2
`objection 15:4,11
`obligation 12:25
`obviously 12:22
`13:7 15:4,11
`offended 7:15
`office 1:1 10:7
`offline 15:13
`okay 3:7 4:12,13
`5:15 7:25 8:11,11
`9:8,15 10:11,19
`11:3 12:15 14:3
`14:17,20 15:12,17
`
`Page 3
`
`16:8 17:5,9,10
`omission 5:22
`once 9:19
`opportunity 13:17
`opposed 10:15
`ordinary 10:13
`outside 10:13
`overlooked 9:22
`owner 1:9 2:11 5:5
`5:13 8:19 11:19
`11:22 12:17 15:4
`owner's 11:13
`p
`p 2:2,2 4:23
`page 11:24 14:22
`15:22,24
`pager 16:21
`paper 15:22,23
`16:1,3
`particular 3:9
`7:10 11:5
`parties 3:3
`patent 1:1,3,9,12
`2:11 5:4,13 8:19
`10:7 11:13,19,22
`12:17 15:4
`pause 15:16
`permission 16:20
`petition 6:10
`12:11 13:10 17:4
`petitioner 2:4 3:14
`4:4,14,15,20 5:17
`5:18 7:9 11:18
`14:12 15:22
`petitioner's 13:9
`petitioners 1:6
`phone 4:5
`pin 11:25 14:24
`16:4
`pinpoint 8:25
`
`800-642-1099
`
`David Feldman Worldwide
`A Veritext Company
`
`www.veritext.com
`
`Apotex Ex. 1018, p.21
`
`

`

`[please - trying]
`
`please 4:10,15
`7:15 9:10 16:14
`point 9:13 13:7,14
`13:17 14:19
`precedent 5:23 7:5
`11:17 12:5,7,8,9
`13:6,23
`preliminary 5:19
`6:11,11 8:8 11:19
`12:11
`prepared 3:4
`press 10:23 14:14
`16:19,22,25
`prior 14:15
`probably 3:9
`15:23
`proceedings 15:16
`17:17 18:8
`professional 18:5
`proof 12:25 13:9
`prosecution 5:21
`6:14,18 10:16
`provide 14:5,19
`q
`question 8:16
`quinn 2:12 12:20
`15:9
`quinnemanuel.c...
`2:15,15
`quite 10:14
`r
`r 2:2 4:25 5:10,10
`raise 13:9
`raised 11:18
`rationale 9:5
`read 8:19
`really 7:17 13:15
`realtime 18:5
`reason 8:18 11:10
`
`reasons 6:7
`recitations 10:4
`record 8:21 16:15
`18:9
`regard 13:6
`registered 18:4
`regular 9:18
`rehearing 9:24
`relates 14:15
`release 14:14
`16:19,22,25
`reliance 5:23
`repeat 10:2
`reply 5:19 6:4,9
`7:3,11 8:3 9:12
`report 18:7
`reported 1:22
`reporter 3:24 4:1
`4:5 14:9 16:15
`18:5,6
`request 9:23
`requested 4:14
`requesting 8:2
`respond 14:3
`response 5:20 6:11
`6:12 8:9 11:19
`12:11
`responsible 3:24
`3:25 4:4,8
`retaining 3:25 4:1
`review 6:10
`right 6:5 7:8,16
`8:13,13 12:8
`role 4:13
`roll 3:11
`rpr 1:23 18:14
`rude 6:20
`rules 3:12 5:16
`
`s
`s 2:2,14 4:23 5:13
`says 3:13 13:2
`scheiner 1:15 3:2
`15:17
`see 11:10 15:13
`seeing 11:5
`sense 13:8
`set 3:12 5:15
`seven 8:8
`short 8:5 10:22
`shown 13:18
`shrift 10:22
`sides 10:14
`sift 10:17
`signature 18:13
`site 11:24
`situation 5:17 6:8
`somewhat 12:13
`sorry 3:15 14:7,10
`15:6 16:16
`sort 11:7
`specific 7:18
`specifics 6:2
`spell 4:16
`spend 13:5
`start 3:11 4:13,15
`statements 8:8,23
`9:2
`states 1:1
`steer 7:13
`stenographic 18:9
`stenographically
`18:7
`steptoe 2:5,5,18
`3:18 4:3
`steptoe.com 2:8,8
`stop 7:16 8:13
`submission 15:24
`submit 11:23
`14:22 16:21
`
`Page 4
`
`substance 3:13
`sullivan 2:12
`summer 2:18 4:24
`support 9:5
`supported 6:25
`7:1
`sure 4:9 8:17
`surprised 16:18
`t
`t 4:23 5:10
`take 6:20 7:23
`talk 8:2
`targeted 8:5
`telephonic 1:14
`tell 11:3
`tendency 10:3
`testimony 5:24
`thank 4:12,21 5:4
`5:14 17:12,14,15
`thereof 9:6
`thing 10:18 11:7
`think 6:8 8:7
`10:12 11:17 13:5
`13:16 17:11
`three 8:1 9:13 16:1
`time 7:24 10:17
`13:5 16:17
`times 10:2
`titled 15:24
`today 4:20
`told 15:7
`toni 1:15
`trademark 1:1
`transcript 4:10
`15:20,21 18:8
`trial 1:3
`true 10:3 18:8
`truly 13:22
`trying 6:19
`
`800-642-1099
`
`David Feldman Worldwide
`A Veritext Company
`
`www.veritext.com
`
`Apotex Ex. 1018, p.22
`
`

`

`Page 5
`
`[u - york]
`
`u
`u 4:23 5:3
`uh 5:1,11
`underlying 6:13
`6:21 9:4 11:14
`understand 5:18
`10:8,8
`united 1:1
`unrelated 13:24
`unsupported 6:25
`unusual 5:17 11:5
`urquhart 2:12
`v
`v 1:7 4:23
`vehicle 9:23
`vgupta 2:8
`views 10:15
`vishal 2:7 4:22
`volume 10:25 11:1
`11:6
`
`w
`want 3:11,12 5:15
`5:25 6:2 7:17 8:6
`13:16
`wanted 8:24 14:16
`14:18 16:13,19
`17:6
`warrants 7:10
`way 8:16
`wednesday 1:17
`willing 11:20,21
`11:23
`willis 1:23 18:4,14
`wire 16:24
`wonderful 3:7 4:7
`word 6:21
`y
`york 2:6,13
`
`800-642-1099
`
`David Feldman Worldwide
`A Veritext Company
`
`www.veritext.com
`
`Apotex Ex. 1018, p.23
`
`