August 1, 2019
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`Page 1
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`John Jarosz
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`Mylan Pharmaceuticals Inc. v. Biogen MA Inc.
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` UNITED STATES PATENT AND TRADEMARK OFFICE
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`- - - - - - - - - - - - - - - -X
`MYLAN PHARMACEUTICALS INC., :
` Petitioner, : Case Number
` v. : IPR2018-01403
`BIOGEN MA INC., :
` Patent Owner. :
`- - - - - - - - - - - - - - - -X
`
` VIDEO DEPOSITION OF JOHN C. JAROSZ
`
` Washington, DC
` Thursday, August 1, 2019
`
`REPORTED BY:
` CARMEN SMITH
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`MYLAN PHARMS. INC. EXHIBIT 1123 PAGE 1
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`Page 1
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`John Jarosz
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`Mylan Pharmaceuticals Inc. v. Biogen MA Inc.
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` UNITED STATES PATENT AND TRADEMARK OFFICE
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`- - - - - - - - - - - - - - - -X
`MYLAN PHARMACEUTICALS INC., :
` Petitioner, : Case Number
` v. : IPR2018-01403
`BIOGEN MA INC., :
` Patent Owner. :
`- - - - - - - - - - - - - - - -X
`
` VIDEO DEPOSITION OF JOHN C. JAROSZ
`
` Washington, DC
` Thursday, August 1, 2019
`
`REPORTED BY:
` CARMEN SMITH
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`MYLAN PHARMS. INC. EXHIBIT 1123 PAGE 1
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`August 1, 2019
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`Page 2
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`John Jarosz
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`Mylan Pharmaceuticals Inc. v. Biogen MA Inc.
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` Video deposition of JOHN C. JAROSZ, called for
`examination pursuant to notice of deposition, on
`Thursday, August 1, 2019, in Washington, DC, at the
`offices of Finnegan, Henderson, Farabow, Garrett &
`Dunner, LLP, 901 New York Avenue, NW, at 9:05 a.m.,
`before CARMEN SMITH, a Notary Public within and for
`the District of Columbia, when were present on
`behalf of the respective parties:
`
` MARK J. FELDSTEIN, PhD, ESQ.
` ERIC FUES, ESQ.
` Finnegan, Henderson, Farabow, Garrett &
` Dunner, LLP
` 901 New York Avenue, NW
` Washington, DC 20001-4413
` 202.408.4000
` mark.feldstein@finnegan.com
` On behalf of Biogen
`
` -- continued --
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`MYLAN PHARMS. INC. EXHIBIT 1123 PAGE 2
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`August 1, 2019
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`Page 3
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`John Jarosz
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`Mylan Pharmaceuticals Inc. v. Biogen MA Inc.
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`APPEARANCES (Continued):
`
` PIER DE ROO, ESQ.
` Finnegan, Henderson, Farabow, Garrett &
` Dunner, LLP
` 3300 Hillview Avenue
` Stanford Research Park
` Palo Alto, California 94304-1203
` 650.849.6600
` On behalf of Biogen
`
` MICHAEL A. CHAJON, ESQ.
` BRANDON WHITE, ESQ.
` Perkins Coie LLP
` 700 13th Street, NW, Suite 600
` Washington, DC 20005-3960
` 202.654.6200
` mchajon@perkinscoie.com
` On behalf of Mylan
`
`Also Present: ELLEN HEBERT, Video Operator
` MARTHA BORN, ESQ., Biogen
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`MYLAN PHARMS. INC. EXHIBIT 1123 PAGE 3
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`August 1, 2019
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`Page 4
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`John Jarosz
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`Mylan Pharmaceuticals Inc. v. Biogen MA Inc.
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` P R O C E E D I N G S
` VIDEO OPERATOR: Good morning. We are now
`on the record. Please note that the microphones are
`sensitive and may pick up whispering and private
`conversations. Please turn off all cell phones or
`place them away from the microphones as they may
`interfere with the deposition audio. Recording will
`continue until all parties agree to go off the
`record.
` This is the deposition of John C. Jarosz,
`in the matter of Mylan Pharmaceuticals,
`Incorporated, Petitioner, versus Biogen MA,
`Incorporated, Patent Owner, Case Number
`IPR2018-01403, for the United States Patent and
`Trademark Office.
` This deposition is being taken at
`Finnegan, Henderson, Farabow, Garrett & Dunner, at
`901 New York Avenue, Northwest, Washington, D.C.
`The time is approximately 9:05 a.m.
` The date today is Thursday, August 1,
`2019. The court reporter is Carmen Smith in
`association with Ace-Federal Reporters. I am the
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`MYLAN PHARMS. INC. EXHIBIT 1123 PAGE 4
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`August 1, 2019
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`Page 5
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`John Jarosz
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`Mylan Pharmaceuticals Inc. v. Biogen MA Inc.
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`video operator, Ellen Hebert, representing the firm
`of Ace-Federal Reporters at 555 12th Street
`Northwest, Washington, D.C.
` Will counsel please identify themselves
`and whom they represent.
` MR. CHAJON: Michael Chajon from Perkins
`on behalf of Mylan.
` MR. WHITE: Brandon White from Perkins
`Coie on behalf of Petitioner Mylan.
` MR. FELDSTEIN: Mark Feldstein on behalf
`of Patent Owner Biogen. With me today from
`Finnegan, Henderson also are Pier de Roo and Eric
`Fues, and from Biogen, Martha Born.
`Whereupon,
` JOHN C. JAROSZ
`was called as a witness and, having first been duly
`sworn, was examined and testified as follows:
` VIDEO OPERATOR: Going off the record.
`The time is 9:06 a.m.
` (Discussion off the record.)
` VIDEO OPERATOR: Going back on the record.
`The time is 9:10 a.m.
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`MYLAN PHARMS. INC. EXHIBIT 1123 PAGE 5
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`John Jarosz
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`Mylan Pharmaceuticals Inc. v. Biogen MA Inc.
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` EXAMINATION
` BY MR. CHAJON:
` Q Please state your name for the record.
` A John C. Jarosz.
` Q Jarosz. Can you spell that, please?
` A My last name is spelled J-a-r-o-s-z.
` Q Mr. Jarosz, where are you employed?
` A Analysis Group, Incorporated.
` Q You've had your deposition taken before;
`right?
` A Yes. Not in this matter but in other
`matters.
` Q Right. So this should all be familiar,
`but I'll quickly go through it, so we're on the same
`page.
` I'll ask you questions today and your
`counsel might object. Your counsel might also
`instruct you not to answer. If your counsel objects
`with no further instruction, you must answer the
`question.
` Will you answer my questions today if your
`counsel objects but gives no further instructions?
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`August 1, 2019
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`MYLAN PHARMS. INC. EXHIBIT 1123 PAGE 6
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`John Jarosz
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`Mylan Pharmaceuticals Inc. v. Biogen MA Inc.
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` A Yes.
` Q The court reporter is taking down
`everything we say for the transcript, so it's
`important that we talk one at a time. Will you wait
`until I finish my questions before answering?
` A I will do the best I can. I can't
`guarantee that your thought as to when your question
`ends is the same as my thought as to when your
`question ends.
` Q Great. Thanks. If I cut you off while
`you're answering, it will be by accident. Please
`let me know, and I will let you finish your answer.
` Will you let me know if you need to finish
`an answer?
` A Yes.
` Q To help the court reporter, you will need
`to give spoken answers to my questions. So please
`avoid nodding your head or pointing.
` Will you provide spoken answers to my
`questions today?
` A I will, but I don't think that precludes
`me from nodding my head.
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`August 1, 2019
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`Page 7
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`MYLAN PHARMS. INC. EXHIBIT 1123 PAGE 7
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`John Jarosz
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`Mylan Pharmaceuticals Inc. v. Biogen MA Inc.
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` Q No, feel free.
` A Okay.
` Q If you don't understand a question, please
`let me know and I'll try to clarify what I'm asking.
`Will you let me know if you don't understand any of
`my questions?
` A If I think I understand your question,
`I'll answer it.
` Q Okay.
` A But that's not to say my understanding of
`your question is identical to your understanding of
`your question.
` Q I'm happy to take a break if you need one
`at any point, but if I ask -- if a question is
`pending, you should answer it before we take the
`break.
` Will you let me know if you need a break
`at any point?
` A Yes.
` Q Will you answer any pending question
`before we take a break?
` A Yes.
`
`August 1, 2019
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`MYLAN PHARMS. INC. EXHIBIT 1123 PAGE 8
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`August 1, 2019
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`10:10:53
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`10:10:53
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`John Jarosz
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`Mylan Pharmaceuticals Inc. v. Biogen MA Inc.
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` Q Is there anything preventing you from
`giving truthful and accurate testimony today?
` A No.
` Q What did you do to prepare for your
`deposition today?
` A Everything I've done in this matter was
`with an eye toward potentially giving deposition
`testimony, so everything from our point of initial
`engagement was with today in mind.
` Q Did you review documents to prepare for
`today?
` A Yes.
` Q When was that?
` A I've reviewed documents over the course of
`our engagement here.
` Q It looks like you brought a copy today of
`the declaration you've submitted in this case, it's
`been marked Exhibit 2202.
` (Exhibit 2202 previously identified.)
` BY MR. CHAJON:
` Q Did you review any documents to prepare
`for today that were not cited in your declaration?
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`MYLAN PHARMS. INC. EXHIBIT 1123 PAGE 9
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`John Jarosz
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`Mylan Pharmaceuticals Inc. v. Biogen MA Inc.
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` MR. FELDSTEIN: I'm going to object.
` Direct you not to answer.
` BY MR. CHAJON:
` Q Why don't we go ahead and take a look at
`paragraph 12 of your declaration. It's on page 4.
` You mention a conversation in the middle
`of the paragraph with Dr. Wynn on April 9, 2019.
`Was anyone else present when you had that
`conversation with Dr. Wynn?
` A Yes, probably.
` Q Who was present?
` A Probably one or two of my colleagues at
`Analysis Group and probably one or more people from
`Finnegan.
` Q How long did you talk to Dr. Wynn?
` A I don't have a very clear recollection of
`that, but typically, conversations of that ilk last
`about 30 or 40 minutes. This one might have been
`longer or shorter, however.
` Q What did you and Dr. Wynn discuss?
` A He provided me some of his observations on
`the science and liability issues. In particular, I
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`August 1, 2019
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`MYLAN PHARMS. INC. EXHIBIT 1123 PAGE 10
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`John Jarosz
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`Mylan Pharmaceuticals Inc. v. Biogen MA Inc.
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`think he talked, as I recall, about the benefits of
`the patented invention and about the fact that the
`patent is embodied in Tecfidera. In my report, I
`think I've cited conversation to him. If I have, I
`think it's consistent with what I just described.
` Q Did you review any documents while you
`were talking to Dr. Wynn?
` A I don't have a clear recollection of that.
`It's possible. I was looking at the '514 patent,
`but I cannot say that with great certainty.
` Q Did you review any of the prior art cited
`by Mylan in its petition for an inter partes review
`of the '514 patent?
` A I'm not an expert in prior art, so I don't
`know what in particular you might have in mind.
` Q Did you review any documents cited by
`Mylan in its petition?
` MR. FELDSTEIN: Objection.
` THE WITNESS: To the extent that I
`reviewed documents, they're identified in my report.
` BY MR. CHAJON:
` Q In paragraph 15, which is on the next
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`August 1, 2019
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`MYLAN PHARMS. INC. EXHIBIT 1123 PAGE 11
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`Mylan Pharmaceuticals Inc. v. Biogen MA Inc.
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`page, you summarize your opinions for this
`proceeding. Is it fair to say that your opinion is
`limited to the issue of commercial success?
` A In this matter, yes.
` Q Do you have any changes to your
`declaration today?
` A I don't believe so. It's possible I saw a
`typographical error or two. But nothing of a
`substantive nature needs to change, as I recall.
` Q Are all your opinions in this proceeding
`contained in this declaration?
` A All of the ones that I held as of the date
`of submission of this declaration, which I think is
`May 30, 2019.
` Q Yes. Why don't we turn to page 37. Do
`you see the date there? And that's your signature
`on the bottom of page 37, I'm sorry; right?
` A That is a copy of my signature, yes.
` Q You are not responding to any of the
`technical or clinical arguments in Mylan's petition
`for inter partes review; right?
` MR. FELDSTEIN: Objection; form and
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`August 1, 2019
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`MYLAN PHARMS. INC. EXHIBIT 1123 PAGE 12
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`John Jarosz
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`Mylan Pharmaceuticals Inc. v. Biogen MA Inc.
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`foundation.
` THE WITNESS: Not directly. To the extent
`that some of those opinions may bear on commercial
`success issues, I may have indirectly addressed some
`of those.
` BY MR. CHAJON:
` Q You do not hold yourself out as a
`technical or clinical expert in this proceeding; is
`that right?
` A That's correct.
` Q Is it fair to say that your declaration is
`limited to economic opinions?
` A Yes.
` Q You understand that in its petition for
`IPR, Mylan sought and obtained inter partes review
`of all the claims of Biogen's patent U.S. number
`8,399,514, the '514 patent; is that right?
` A I'm not sure if I know that with
`certainty. I may have known that. I don't have
`reason to dispute it, though.
` Q In your assessment of commercial success,
`and specifically Tecfidera's commercial success, you
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`MYLAN PHARMS. INC. EXHIBIT 1123 PAGE 13
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`John Jarosz
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`Mylan Pharmaceuticals Inc. v. Biogen MA Inc.
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`did not consider the possible effects of Biogen's
`U.S. patent number 6,509,376, the '376 patent; is
`that right?
` MR. FELDSTEIN: Objection to form.
` THE WITNESS: There was a part in your
`question that gave me a little bit of pause.
` BY MR. CHAJON:
` Q Sure.
` A That is, I wasn't evaluating the
`commercial success of a product. I was evaluating
`the commercial success of a patent, in particular
`the '514.
` Q What do you mean by that?
` A I think my assignment was to assess
`whether the '514 has been a commercial success.
`That's what I did. As an input to my analysis, I
`considered the marketplace success of the product
`that embodies the '514.
` Q And your understanding of whether or not
`Tecfidera embodies the '514 patent, is that based
`solely on the information you obtained from Dr.
`Wynn?
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`August 1, 2019
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`MYLAN PHARMS. INC. EXHIBIT 1123 PAGE 14
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`Mylan Pharmaceuticals Inc. v. Biogen MA Inc.
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` A Yes.
` Q Did you review the '514 patent?
` A Yes.
` Q Did you perform an assessment of the
`claims of the '514 patent?
` A I'm not sure what you mean by an
`assessment of. I read the claims.
` Q Yeah. Did you evaluate what they cover?
` A Only in the sense that I read them.
` Q Right.
` A I'm an economist, however, and not a
`technical expert.
` Q Did you review the '376 patent?
` A I don't recall that I did. My memory, of
`course, is not perfect, however.
` Q Let me see if I have a copy of the '376.
` Do you know what date the '376 patent
`issued? And we can mark a copy.
` A I have known. I don't recall it sitting
`here now. I think it's on the face of the document.
` Q One second. We're just trying to figure
`out what number to mark it. In the meantime, I'll
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`hand you a copy of the '514 patent, which is Exhibit
`1001 in this proceeding.
` (Exhibit 1001 previously identified.)
` MR. FELDSTEIN: Thank you.
` (Exhibit 1070 identified.)
` MR. FELDSTEIN: I am going to object to
`Exhibit 1070 as an exhibit and preserve all other
`objections.
` BY MR. CHAJON:
` Q So Exhibit 1070 is a copy of the '376
`patent. Does this refresh your memory at all
`regarding whether or not you've reviewed the '376
`patent?
` A No, it doesn't refresh my memory.
` Q Looking at the Exhibit 1070, do you agree
`that the '376 patent issued on January 21, 2003?
` MR. FELDSTEIN: Objection; foundation.
` THE WITNESS: That appears to be the case.
`I see the date of the patent on the top of the
`document as the one you read into the record.
` BY MR. CHAJON:
` Q The '376 patent issued before the '514
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`patent's priority date; is that right?
` MR. FELDSTEIN: Objection; foundation.
` THE WITNESS: That I don't know. Perhaps
`you could tell me what the priority date is of the
`'514.
` BY MR. CHAJON:
` Q Sure. The '514 patent claims priority, if
`you look at Exhibit 1001 to -- you see where it's
`paragraph 63 says it's a "Continuation of
`application number 12/526,296," as filed -- "filed
`as application No. PCT/US2008/001602 on February 7,
`2008."
` And then it says "Provisional application"
`"60/888,921, filed on Feb. 8, 2007."
` So the '376 patent issued before February
`8, 2007; is that right?
` MR. FELDSTEIN: Objection; foundation.
` THE WITNESS: If you're asking me the
`question is 2003 before 2007, yes, I agree it is.
` BY MR. CHAJON:
` Q Thanks. Did you assess the claims of the
`'376 patent in your assessment, in your work for
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`this proceeding?
` A Not that I recall, but it's possible that
`I looked at the claims at some point. But I don't
`remember having done that.
` Q The '376 patent covers pharmaceutical
`preparations with dimethyl fumarate for the therapy
`of autoimmune diseases, such as multiple sclerosis;
`is that right?
` MR. FELDSTEIN: Objection to form and
`foundation, beyond the scope.
` THE WITNESS: I don't know if that's
`right. That's not the title of the patent, so I
`don't know what you're reading from.
` BY MR. CHAJON:
` Q Sure. I was referring to claim 1, for
`example. And you see claim 1 says, what is claimed
`is, "1. Pharmaceutical preparation in the form of
`microtablets or micropellets," and there's a
`formula. If you look at dependent claim 2, you see
`it says, "A preparation according to claim 1
`comprising dimethyl fumarate."
` MR. FELDSTEIN: Objection;
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`mischaracterizes the document.
` BY MR. CHAJON:
` Q Do you agree that this patent covers
`pharmaceutical preparations with dimethyl fumarate?
` MR. FELDSTEIN: Objection; form,
`foundation, beyond the scope.
` THE WITNESS: I'm not the person to ask
`that. I think you're asking a technical question.
`I do see that there are claims 1 and 2.
` BY MR. CHAJON:
` Q Okay. When you assess Tecfidera's
`commercial success, did you consider the possible
`effects of Biogen's U.S. application number
`10/197,077, which issued as patent number 5 --
`sorry, 7,320,999, the '999 patent?
` MR. FELDSTEIN: Objection; form.
` THE WITNESS: Would you mind reading the
`first part of question again, I'm sorry?
` BY MR. CHAJON:
` Q Sure. When you assessed commercial
`success in this proceeding, did you consider the
`possible effects of what I'll call the 077 patent
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`application?
` MR. FELDSTEIN: Objection to form.
` THE WITNESS: I don't recall if I looked
`at that application, but I looked for evidence
`whether there was anything that might be
`characterized as a blocking patent to the '514. And
`I didn't see any evidence supporting that
`proposition, including this application. Moreover,
`I saw quite a bit of evidence that conflicted with
`that hypothesis.
` BY MR. CHAJON:
` Q With which hypothesis?
` A That there was a patent that blocked entry
`into this business.
` Q Did you review the prosecution history for
`the 077 application?
` A Not that I recall.
` Q And you didn't review any of the claims
`that were pending during prosecution of that
`application; is that right?
` MR. FELDSTEIN: Objection; form.
` THE WITNESS: Again, I didn't look at the
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`prosecution history in preparation of my report
`here. I don't recall looking at any of the claims
`that were part of that history.
` BY MR. CHAJON:
` Q Now, the '376 patent and the '999 patent,
`Biogen has listed both of those in the Orange Book
`as covering Tecfidera; is that right?
` MR. FELDSTEIN: Objection; form and
`foundation.
` THE WITNESS: I think at one time, at
`least, they have been in the Orange Book. Who
`submitted them, I don't recall.
` (Exhibit 1071 identified.)
` MR. FELDSTEIN: I'm going to object to
`Exhibit 1071.
` BY MR. CHAJON:
` Q This is a printout of the FDA's Web site.
`Do you see the address there on the bottom? And
`it's the Orange Book listing for Tecfidera, 120
`milligrams.
` If you turn to the second page, do you see
`that the '376 patent is listed in the Orange Book
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`for Tecfidera?
` MR. FELDSTEIN: Objection to form and
`foundation.
` THE WITNESS: That appears to be the case,
`yes.
` BY MR. CHAJON:
` Q And the expiration date listed in the
`Orange Book for the '376 patent is April 1, 2019; is
`that right?
` MR. FELDSTEIN: Objection to form and
`foundation.
` THE WITNESS: That appears to be the case,
`yes.
` BY MR. CHAJON:
` Q And the '999 patent is the second listed
`patent in the Orange Book for Tecfidera; is that
`right?
` MR. FELDSTEIN: Objection to form and
`foundation.
` THE WITNESS: That appears to be the case,
`yes.
` BY MR. CHAJON:
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` Q And the expiration date listed in the
`Orange Book for the '999 patent is October 20, 2019?
` MR. FELDSTEIN: Objection to form and
`foundation.
` BY MR. CHAJON:
` Q Is that right?
` A That appears to be the case.
` Q Did you review the '999 patent in your
`work for this proceeding?
` A I don't recall having reviewed it. It's
`possible, but I don't have a memory of that.
` Q Okay. Let's turn to paragraph 56 of your
`declaration. And here -- which is on page 16. Here
`you explain the legal standard for assessing
`commercial success; right?
` A I'm not quite sure that's right. I think
`I explained what my understanding is of the legal
`standard.
` Q The standard you apply, it did not require
`that the patented feature be the only reason for a
`product's success; is that right?
` A I think that's right, yes.
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` Q Under the standard you applied, the
`existence of other demand drivers don't negate a
`showing of commercial success; is that right?
` A They don't necessarily negate a showing of
`commercial success, yes, I agree with that.
` Q In paragraph 60 at the bottom of page 16,
`you said in the second sentence, "For this
`assessment, I identified the primary benefits of the
`claimed inventions, and examined the extent to which
`these benefits contributed to the marketplace
`success of Tecfidera."
` You relied exclusively on Dr. Wynn's
`opinions to do so; is that right?
` A I certainly -- I'm sorry, I thought you
`were done.
` Q I was, I'm sorry.
` A I certainly relied on his opinions and the
`evidence that I saw didn't conflict with his
`opinions.
` Q So how did you identify the primary
`benefits of the claimed inventions?
` A Through my discussion with Dr. Wynn and/or
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`through his -- and/or through consideration of his
`report.
` Q Please turn to page 30 and paragraphs 84
`and 85.
` In these paragraphs, you explain your
`understanding of the legal standard for casual
`nexus; is that right?
` A It's my understanding of the legal
`requirements, but causal nexus.
` Q Causal, I'm sorry. Causal nexus.
` You say, let's see, at the bottom of
`paragraph 84 you say there must be "a causal nexus
`between the embodying product's success and the
`patented technology." Right?
` A There's more to that sentence, but I do
`agree with that phrase in that sentence.
` Q And then in paragraph 86 on the next page,
`that begins, "I understand the claims of the '514
`patent are embodied in the use of Tecfidera."
` Correct?
` A Yes.
` Q And your citation there is to Exhibit
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`2061, paragraph 26, which is Dr. Wynn's declaration
`in this proceeding; is that right?
` A I think Exhibit 2061 is Dr. Wynn's
`declaration. If you showed it to me, I could
`confirm that.
` Q Sure. In paragraph 86, you also said,
`"Moreover, I understand that the inventions of the
`'514 patent generally enable the efficacy,
`tolerability, safety, and convenience advantages
`that are key to Tecfidera's success in the U.S."
` What did you mean by, "the claims
`generally enable" these advantages?
` A I think we would best look at the language
`of Dr. Wynn. But I think he was speaking in
`terms -- let me say this over again.
` His declaration might provide an answer to
`that question.
` Q What's your understanding of what it means
`that the claims "generally enable the efficacy,
`tolerability, safety, and convenience advantages
`that are key to Tecfidera's success"?
` A My understanding as an economist and
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`someone who considers marketplace dynamics is the
`science embodied in the claims of the '514 patent
`can be thought of as enabling these four advantages
`that consumers might appreciate in a way that they
`may not fully appreciate the scientific terminology.
`So that's why I say "generally enable." The terms I
`used after that are ones that I think are understood
`by people who are not necessarily trained in
`science.
` Q Do the claims of the '514 patent
`explicitly cover the tolerability of Tecfidera?
` MR. FELDSTEIN: Objection to form and
`foundation.
` THE WITNESS: You would best ask that
`question of Dr. Wynn, not me. It's his area of
`expertise.
` BY MR. CHAJON:
` Q And do the claims of the '514 patent cover
`the safety advantages of Tecfidera?
` MR. FELDSTEIN: Objection to form and
`foundation.
` THE WITNESS: Same answer.
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` BY MR. CHAJON:
` Q And the same -- I'll ask again, does the
`'514 patent generally enable the convenience -- the
`convenience advantages that are key to Tecfidera's
`success?
` MR. FELDSTEIN: Objection.
` THE WITNESS: Same answer.
` BY MR. CHAJON:
` Q In the next paragraph, paragraph 87, you
`say, "I also understand from Dr. Wynn that the
`claims of the '514 patent teach the specific daily
`dosage of about 480 mg, and that this daily dosage
`yielded unexpected efficacy."
` And you cite paragraphs 26 and 124 through
`136 of Exhibit 2061. Is that right?
` A Yes.
` Q And you have no other basis aside from
`Exhibit 2061 for your understanding that the claims
`teach the specific daily dosage of about 480
`milligrams; is that right?
` A As I said a little while ago, my primary
`basis is the observations of Dr. Wynn. I didn't see
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`any evidence that conflicted with his observations.
` Q And you have no other basis beyond Dr.
`Wynn's testimony for your statement that the
`480-milligram-per-day dose yielded unexpected
`efficacy; is that right?
` A I believe that's correct. I didn't see
`any evidence that conflicted with that. I also saw
`the marketplace evidence that was supportive of his
`observation.
` Q And we just looked at Exhibit 1071, which
`w
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