Transcript of the Testimony of Emily J. Greb
`
`Date: September 20, 2019
`
`Case: Mylan Pharmaceuticals Inc. v. Biogen MA Inc.
`
`Ace-Federal Reporters, Inc.
`Phone: 202-347-3700
`Fax: 202-737-3638
`Email: info@acefederal.com
`Internet: www.acefederal.com
`
`Biogen Exhibit 2232
`Mylan v. Biogen
`IPR 2018-01403
`
`Page 1 of 46
`
`
`
`Date: September 20, 2019
`
`Case: Mylan Pharmaceuticals Inc. v. Biogen MA Inc.
`
`Ace-Federal Reporters, Inc.
`Phone: 202-347-3700
`Fax: 202-737-3638
`Email: info@acefederal.com
`Internet: www.acefederal.com
`
`Biogen Exhibit 2232
`Mylan v. Biogen
`IPR 2018-01403
`
`Page 1 of 46
`
`
`
`Emily J. Greb
`
`Mylan Pharmaceuticals Inc. v. Biogen MA Inc.
`
`September 20, 2019
`
` UNITED STATES PATENT AND TRADEMARK OFFICE
` ------------------
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
` -------------------
`
`Page 1
`
`MYLAN PHARMACEUTICALS INC.,
` Petitioner,
`
` v.
`BIOGEN MA INC.,
` Patent Owner.
`
`--------------------------------------------------------
` IPR2018-01403
` Patent No. 8,399,514
`--------------------------------------------------------
`
` Videotaped Deposition of:
` EMILY J. GREB
` Madison, Wisconsin
` September 20, 2019
`
` Reported by: Taunia Northouse, RDR, CRR, CRC
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`
`Emily J. Greb
`
`Mylan Pharmaceuticals Inc. v. Biogen MA Inc.
`
`September 20, 2019
`
` I N D E X
`WITNESS Page(s)
`EMILY J. GREB
` Examination by Mr. Deroo 8
` Examination by Mr. Anstaett 37
`
`Page 2
`
` E X H I B I T S
`No. Description Identified
`
`Exhibit 1 Declaration of Emily J. Greb 5
`
`Exhibit 2 Order from the Patent Trial 7
` and Appeal Board
`Exhibit 3 Email from Ms. Greb 3-3-19 9
`
`(Previously marked exhibits)
`
`Exhibit 1022 Coalition Exhibit 1022 10
`Exhibit 1010 Mylan Pharms Exhibit 1010 10
`Exhibit 1024A Declaration of Robert Mihail 16
`Exhibit 2050 Study Archives web page 33
` (Attached to the original transcript
` and copies provided to all counsel)
`
`(Original transcript filed with Attorney Deroo,
` copies provided to all counsel)
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`Emily J. Greb
`
`Mylan Pharmaceuticals Inc. v. Biogen MA Inc.
`
`September 20, 2019
`
`Page 3
` VIDEOTAPED DEPOSITION of EMILY J. GREB, a
`witness of lawful age, taken on behalf of the
`Plaintiffs, wherein Biogen International GMBH and
`Biogen MA Inc., are Plaintiffs, and
`Mylan Pharmaceuticals, Inc., is Defendant, pending in
`the United States District Court for the Northern
`District of West Virginia, pursuant to notice, before
`Taunia Northouse, a Registered Diplomate Reporter and
`Notary Public in and for the State of Wisconsin, at
`the offices of Perkins Coie, LLP, Attorneys at Law,
`33 East Main Street, Suite 201, in the City of
`Madison, County of Dane, and State of Wisconsin, on
`the 20th day of September 2019, commencing at 9:33
`in the forenoon.
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`Emily J. Greb
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`Mylan Pharmaceuticals Inc. v. Biogen MA Inc.
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` A P P E A R A N C E S
`
`APPEARING FOR THE PLAINTIFFS:
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`September 20, 2019
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`FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP
`By: PIER D. DEROO, Esquire
` 901 New York Avenue, NW
` Washington, DC 20001-4413
` pier.deroo@finnegan.com
` 202-408-4418
`
`FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP
`By: MICHAEL R. GALGANO, Esquire
` 901 New York Avenue, NW
` Washington, DC 20001-4413
` michael.galgano@finnegan.com
` 202-408-4153
`
`APPEARING FOR THE DEFENDANT:
`PERKINS COIE, LLP
`By: DAVID ANSTAETT, Esquire
` 33 East Main Street, Suite 201
` Madison, Wisconsin 53703
` danstaett@perkinscoie.com
` egreb@perkinscoie.com
` 608-663-5408
`
`Also present: Jon Hansen, videographer
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`866-928-6509
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`Page 5 of 46
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`Emily J. Greb
`
`Mylan Pharmaceuticals Inc. v. Biogen MA Inc.
`
`September 20, 2019
`
`Page 5
`
` (Exhibit No. 1 marked for
` identification)
` THE VIDEOGRAPHER: Good morning.
` We are now on the record. Please note that
` the microphones are sensitive and may pick up
` whispering, private conversations. Please
` turn off all cell phones and place them away
` from the microphones as they may interfere
` with the deposition audio. Recording will
` continue unless the parties agree to go off
` the record.
` This is the deposition of Emily Greb in
` the matter of United States Patent and
` Trademark Office before the Patent Trial and
` Appeals Board, Mylan Pharmaceuticals, Inc.,
` versus Biogen MA, Inc. That number
` 8,399,514.
` This deposition is being held in
` Madison, Wisconsin. The time is
` approximately 9:33. Today's date
` September 20, 2019. The reporter today is
` Taunia Northouse in association with
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`Emily J. Greb
`
`Mylan Pharmaceuticals Inc. v. Biogen MA Inc.
`
`September 20, 2019
`
`Page 6
`
` Ace-Federal Reporters.
` My name is Jon Hansen. I am the video
` operator, also representing Ace-Federal
` Reporters.
` At this time if counsel could please
` state their appearances for the record, after
` which our reporter will swear in the witness
` and we can proceed.
` MR. DEROO: So this is Pier Deroo
` with Finnegan for patent owner Biogen. With
` me today is Mike Galgano also from Finnnegan.
` MR. ANSTAETT: David Anstaett of
` Perkins Coie on behalf of Petitioner Mylan
` and the witness.
`
` EMILY J. GREB,
` called as a witness, being first duly sworn,
` testified on oath as follows:
`
` MR. ANSTAETT: And so before the
` deposition begins I would just like to note
` that the deposition is subject to an order,
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`Emily J. Greb
`
`Mylan Pharmaceuticals Inc. v. Biogen MA Inc.
`
`September 20, 2019
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`Page 7
`
` and that's Paper 35 entered on May 17th,
` 2019. And I'd like to mark that for the
` record to start with.
` (Exhibit No. 2 marked for
` identification)
` MR. ANSTAETT: And now that we have
` it marked, I will simply note that the order
` states -- this is at page 5 -- "We, thus,
` authorize cross-examination of Ms. Greb at
` this time, limited to the factual issue of
` 'How publicly available information from the
` ClinicalTrials.gov website was collected.'"
` And there's a footnote attached,
` Footnote 4, which says in part, "We
` recognize, however, that Ms. Greb is counsel
` for Petitioner in this proceeding, and
` caution Patent Owner's counsel to limit its
` questions to the factual issue at hand."
` And it's certainly our expectation that
` counsel will do that today. And if there are
` any issues of privilege today, that the
` witness feels needs to be discussed, then I
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`Emily J. Greb
`
`Mylan Pharmaceuticals Inc. v. Biogen MA Inc.
`
`September 20, 2019
`
`Page 8
` encourage you to let me know and we'll take a
` break and do that.
` THE WITNESS: Okay.
`
` EXAMINATION
`By Mr. Deroo:
`Q. Please state your name for the record.
`A. Emily Greb.
`Q. Thank you for your time this morning. You are
` counsel of record for Petitioner Mylan in
` IPR2018-01403; correct?
`A. That is correct.
`Q. So I'm handing you a document that we have
` premarked as Greb Exhibit 1.
` MR. ANSTAETT: I think we already
` have an Exhibit 1 right now, so maybe we want
` to --
` THE REPORTER: I marked this
` (Indicating) No. 2.
` MR. ANSTAETT: Oh, you did. Thank
` you.
`Q. And it's titled "Declaration of Emily J. Greb."
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`Emily J. Greb
`
`Mylan Pharmaceuticals Inc. v. Biogen MA Inc.
`
`September 20, 2019
`
`Page 9
`
` And I would just ask that you please turn to
` page 6 and confirm that that's your signature.
`A. I haven't read the whole thing, but this appears
` to be a copy of the declaration with my signature
` on page 6.
`Q. And your declaration is dated March 6th, 2019;
` correct?
`A. That is the date on page 6 of Exhibit 1.
`Q. And this is the declaration that you served on
` Biogen as supplemental evidence on March 6th,
` 2019?
`A. I haven't read all of Exhibit 1, but my
` expectation is that this is an accurate copy. I
` don't recall who served it or if service was on
` March 6th, but I would expect that the date is
` correct.
` MR. DEROO: I'll ask that the court
` reporter mark a document as Greb Exhibit 3,
` please.
` (Exhibit No. 3 marked for
` identification)
`Q. Ms. Greb, is this an email from you dated
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`Emily J. Greb
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`Mylan Pharmaceuticals Inc. v. Biogen MA Inc.
`
`September 20, 2019
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`Page 10
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` March 6th, 2019, serving, among other things,
` Patent Owner's objections to Petitioner's
` exhibits, Greb Declaration, and Replacement
` Exhibit 1010?
`A. Exhibit 3 says Michael Galgano on the top. It
` appears to be an email from me. It's a little
` confusing because I don't see that it went to
` Michael Galgano and his name is on the top. But
` it looks to be an email from me that states,
` "Counsel, please see attached Petitioner's
` Response to Patent Owner Objections to
` Petitioner's Exhibits, Greb Declaration, and
` replacement Exhibits 1010, 1011, 1029, and 1015
` (Sic) being served today in IPR2018-01403 in
` accordance with 37 CFR Section 42.64(b)(2)."
`Q. I will also hand you two documents previously
` marked as Mylan Pharmaceuticals, Inc.,
` Exhibit 1010. Ms. Greb, do you see one of the
` documents I've handed you also has a Coalition
` Exhibit 1022 stamp in the bottom right-hand
` corner?
`A. Yes. So you handed me two documents that both
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`Emily J. Greb
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`Mylan Pharmaceuticals Inc. v. Biogen MA Inc.
`
`September 20, 2019
`
`Page 11
`
` have a Bates number on it of Mylan Pharms Inc.
` Exhibit 1010. One of them also has Coalition
` Exhibit 1022.
`Q. The document that has a Coalition Exhibit 1022
` stamp in the bottom right-hand corner, is that the
` originally filed Exhibit 1010; whereas, the other
` one is the replacement Exhibit 1010?
` MR. ANSTAETT: Objection. Form.
`A. I -- I'd have to -- I don't remember.
`Q. Would you please turn to your declaration in
` paragraph 3. I'll see if I can help you out.
` So about four lines down in paragraph 3 you
` discuss, "Exhibit 1054 includes a description of
` the process by which Mr. Mihail originally
` obtained Exhibit 1010 (referred to as Exhibit 1022
` in the Mihail declaration."
` Do you see that?
`A. Exhibit -- the Exhibit 1010 is a true and correct
` copy, is that what you're looking -- paragraph 3?
`Q. About four lines -- four or five lines down,
` paragraph 3.
`A. Yes, I see that.
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`Emily J. Greb
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`Mylan Pharmaceuticals Inc. v. Biogen MA Inc.
`
`September 20, 2019
`
`Page 12
`
`Q. And would you turn the page. Then we're in
` paragraph 4 of your declaration. Three lines down
` you stated, "In addition, Exhibit 1010 still
` exists in its substantively identical form on the
` Internet, and Replacement Exhibit 1010, a
` substantively identical copy of Exhibit 1010, is
` being provided as an attachment of this
` declaration." Do you see that?
`A. I see that.
`Q. Which of the two documents marked Exhibit 1010 is
` Replacement Exhibit 1010? I'd just like to be
` sure that we're talking about the same documents
` today and making it clear for the record.
`A. Well, the declaration says that Replacement
` Exhibit 1010 was provided as an attachment. So
` assuming that you provided me that attachment, I
` would assume that the Exhibit 1010 without the
` Coalition Exhibit stamp on it is the Replacement
` exhibit. But based on the face of these, I can't
` say with a hundred percent certainty that you gave
` me the attachment, but I take your word for it
` that this is the right document.
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`Emily J. Greb
`
`Mylan Pharmaceuticals Inc. v. Biogen MA Inc.
`
`September 20, 2019
`
`Page 13
`Q. Okay. So for today, could we agree to refer to
` the document that also has the Coalition stamp as
` Original Exhibit 1010 and the other one as
` Replacement Exhibit 1010?
`A. Yes. I'm happy to go along with that for today.
`Q. Would you please return to your Declaration. Do
` you still have page 2 open?
`A. Yes.
`Q. So we're in paragraph 4 about five lines down from
` the top towards the right-hand side. You have a
` statement, "Replacement Exhibit 1010 was obtained
` by me or at my direction on February 26, 2019, on
` the ClinicalTrials.gov website"; correct?
`A. The sixth line of paragraph 4 states 1010 was
` obtained by me at my direction on February 26th,
` 2019.
`Q. In obtaining Replacement Exhibit 1010 from the
` ClinicalTrials.gov website, did you use any
` nonpublic or specialized knowledge about the
` ClinicalTrials.gov website?
` MR. ANSTAETT: Objection to form.
`A. I'm sorry, I'm going to have to ask for
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`Emily J. Greb
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`Mylan Pharmaceuticals Inc. v. Biogen MA Inc.
`
`September 20, 2019
`
`Page 14
` clarification. I'm not sure I understand what you
` mean.
`Q. Let me try it this way. Have you ever worked as
` an administrator for the ClinicalTrials.gov
` website?
`A. No.
`Q. Have you ever posted clinical trial information on
` the ClinicalTrials.gov website?
`A. No.
`Q. Have you ever modified clinical trial information
` on the ClinicalTrials.gov website?
`A. No.
`Q. I just have one more. Have you ever deleted
` information from the ClinicalTrials.gov website?
`A. No.
`Q. So I'd like to return to the statement in
` paragraph 4 of your declaration that "Replacement
` Exhibit 1010 was obtained by me or at my direction
` on February 26, 2019, on the ClinicalTrials.gov
` website"; okay? My question is: Which was it?
` Was it you or someone else?
`A. Replacement Exhibit 1010 was obtained at my
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`Emily J. Greb
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`Mylan Pharmaceuticals Inc. v. Biogen MA Inc.
`
`September 20, 2019
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`Page 15
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` direction on February 26th, 2019.
`Q. So it was someone else, not you personally?
`A. I know February is only a couple months ago, but
` to be frank with you, I don't have a complete
` memory of everything that happened on that day.
` But I can tell you that the Replacement
` Exhibit 1010 was obtained at my direction on
` February 26th, 2019.
`Q. In collecting information from ClinicalTrials.gov,
` did you or someone at your direction ever access
` the document served in this proceeding as
` Replacement Exhibit 1010 before February 8, 2007?
`A. I don't know.
`Q. When did you or someone at your direction first
` access on ClinicalTrials.gov the document served
` in this proceeding as Replacement Exhibit 1010?
`A. Can you repeat the question, please?
`Q. When did you or someone at your direction first
` access on ClinicalTrials.gov the document served
` in this proceeding as Replacement Exhibit 1010?
`A. I don't know.
`Q. Would you please turn to your declaration
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`Emily J. Greb
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`Mylan Pharmaceuticals Inc. v. Biogen MA Inc.
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`September 20, 2019
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`Page 16
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` paragraph 3 on page 1.
`A. Just one point, I guess, of clarification for my
` "I don't know." I don't remember either way. I'm
` sure at some point I knew one way or the other,
` but I just don't remember.
`Q. In paragraph 3 of your declaration, six lines
` down, it states "Exhibits 1010 and 1054 were
` originally filed as Exhibits 1022 and 1024A in
` IPR2015-01993, respectively, and retrieved by me
` or at my direction from the Patent Trial and
` Appeal Board E2E portal." Do you see that?
`A. I see that sentence, yes.
`Q. Did you or someone at your direction ever obtain
` the document submitted as Original Exhibit 1010
` directly from the ClinicalTrials.gov website?
`A. I don't remember.
`Q. So you don't know if you or someone at your
` direction ever accessed the documents submitted in
` this proceeding as Original Exhibit 1010 from the
` ClinicalTrials.gov website before February 8,
` 2007?
`A. Sitting here today, I don't remember either way.
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`Emily J. Greb
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`Mylan Pharmaceuticals Inc. v. Biogen MA Inc.
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`September 20, 2019
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`Page 17
`Q. In this same paragraph 3 of your Declaration, you
` identify "Exhibit 1054 is a true and correct copy
` of the declaration of Robert Mihail, attorney for
` the Coalition For Affordable Drugs V LLC, as filed
` in IPR2015-01993"; correct?
`A. Are you looking at a specific sentence?
`Q. In the second sentence.
`A. The second sentence of the declaration reads,
` "Exhibit 1054 is a true and correct copy of the
` declaration of Robert Mihail, attorney for the
` Coalition for Affordable Drugs V LLC, as filed in
` IPR2015-01993."
`Q. So I'm handing you a document previously marked as
` Exhibit 1054. My question is simply is this the
` declaration of Robert Mihail referred to in your
` declaration?
`A. The document you've given me that's marked
` Exhibit 1054 and Coalition Exhibit 1024A is titled
` "Declaration of Robert Mihail." I'm going to
` assume you've given me an accurate copy of
` Exhibit 1054.
`Q. If you could turn back to paragraph 3 of your
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`Emily J. Greb
`
`Mylan Pharmaceuticals Inc. v. Biogen MA Inc.
`
`September 20, 2019
`
`Page 18
` declaration, the third sentence in, states that
` "Exhibit 1054 includes a description of the
` process by which Mr. Mihail originally obtained
` Exhibit 1010." Then in parentheses "(referred to
` as Exhibit 1022 in the Mihail declaration)."
` Do you see that?
`A. I see the sentence that you've read into the
` record.
`Q. In obtaining information from the
` ClinicalTrials.gov website, did you or someone at
` your direction ever check the accuracy of how
` Mr. Mihail says he obtained from
` ClinicalTrials.gov the document Original Exhibit
` 1010?
` MR. ANSTAETT: Yeah, Counsel,
` you're outside the scope of the order now.
` The order says the factual issue of how
` publicly available information from the
` ClinicalTrials.gov website was collected.
` And your question calls for information
` outside that scope, and it also calls in my
` view for privileged information. So on both
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`Emily J. Greb
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`Mylan Pharmaceuticals Inc. v. Biogen MA Inc.
`
`September 20, 2019
`
`Page 19
` of those bases, I instruct the witness not to
` answer the question.
`Q. If you could please turn to paragraph 8 of the
` declaration of Robert Mihail, Exhibit 1054.
` MR. ANSTAETT: I'm sorry, my
` realtime has stopped, so I didn't catch what
` -- where you said, or where you asked her to
` turn.
` MR. DEROO: Paragraph 8 of the
` declaration of Robert Mihail.
` MR. ANSTAETT: Okay.
`Q. In the second sentence he stated, "Upon clicking
` said hyperlink I was taken to the URL" -- it
` provides a ClinicalTrials.gov URL there. Do you
` see that?
`A. I see paragraph 8 of the Mihail declaration that
` on 9/19/2015 -- yeah, I see paragraph 8.
`Q. In collecting information from the
` ClinicalTrials.gov website, have you or someone at
` your direction ever accessed the URL in
` paragraph 8 of Exhibit 1054?
`A. I -- I don't remember.
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`Emily J. Greb
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`Mylan Pharmaceuticals Inc. v. Biogen MA Inc.
`
`September 20, 2019
`
`Page 20
`
`Q. In obtaining information from the
` ClinicalTrials.gov website, did you or someone at
` your direction ever follow the process by which
` Mr. Mihail stated that he obtained the document
` currently of record as Exhibit -- Original Exhibit
` 1010?
`A. Can you repeat the question, please?
`Q. In obtaining information from the
` ClinicalTrials.gov website, did you or someone at
` your direction ever follow the process by which
` Mr. Mihail stated he obtained the document
` currently of record in this proceeding as Original
` Exhibit 1010?
`A. I have a privilege question.
` MR. ANSTAETT: Why don't we take a
` break then and we'll talk about it.
` MR. DEROO: Okay.
` THE VIDEOGRAPHER: Going off the
` record at 9:54. Microphones are off.
` (Recess)
` THE VIDEOGRAPHER: Back on the
` record at 9:58.
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`Emily J. Greb
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`Mylan Pharmaceuticals Inc. v. Biogen MA Inc.
`
`September 20, 2019
`
`Page 21
`
` MR. ANSTAETT: So why don't you
` reask the question and we can proceed from
` there.
`Q. In obtaining information from the
` clinicaltrials.gov website, did you or someone at
` your direction ever follow the process by which
` Mr. Mihail stated he obtained the document
` currently of record in this proceeding as Original
` Exhibit 1010?
` MR. ANSTAETT: And I'll just state
` for the record I understand the question
` simply to be a factual question about what
` was done, and on that basis I'm going to
` allow the witness to answer the question.
`A. I don't remember whether or not me or someone at
` my direction went through the process that
` Mr. Mihail describes in his declaration.
`Q. Would you please turn in your declaration to
` paragraph 4 on page 2.
`A. In my declaration?
`Q. Yes. And in the third line down you stated, "In
` addition, Exhibit 1010 still exists in its
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`Emily J. Greb
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`Mylan Pharmaceuticals Inc. v. Biogen MA Inc.
`
`September 20, 2019
`
`Page 22
` substantively identical form on the Internet, and
` Replacement Exhibit 1010, a substantively
` identical copy of Exhibit 1010, is being provided
` as an attachment to this declaration."
` Do you see that?
`A. I see that sentence.
`Q. Did you obtain any publicly available information
` from ClinicalTrials.gov to compare against
` Replacement Exhibit 1010?
`A. I'm not sure I understand what you mean. I mean,
` Exhibit 1010 is referenced in the declaration in
` that sentence and then Replacement Exhibit 1010 is
` in that sentence. I don't know what else -- I'm
` confused.
`Q. Why don't I ask it a different way. Did you
` obtain any publicly available information from the
` ClinicalTrials.gov website to compare against
` Replacement Exhibit 1010, or did you only compare
` Replacement Exhibit 1010 against Original Exhibit
` 1010 obtained from the PTAB E2E portal?
` MR. ANSTAETT: Yeah. I'm going to
` object that that's beyond the scope of the
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`Emily J. Greb
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`Mylan Pharmaceuticals Inc. v. Biogen MA Inc.
`
`September 20, 2019
`
`Page 23
`
` order. I'm just re-reading the question
` here. Yeah. I mean, I'm going to instruct
` the witness not to answer to the extent we're
` talking about any comparisons that were made.
` I'm just -- I'm not sure what you're asking.
` MR. DEROO: I'm just asking what
` information was obtained from the
` ClinicalTrials.gov website for her to make
` this statement in her declaration which is
` within the scope of the court's order.
`A. I mean the sentence -- -- the sentence --
` MR. ANSTAETT: Just one second.
` THE WITNESS: Okay.
` MR. ANSTAETT: Yeah, I mean whether
` she -- your question gets into what
` information was compared to other
` information; okay? And the scope of the
` order is how publicly available information
` from the ClinicalTrials.gov website was
` collected. And so again, you can ask a
` different question if I'm somehow missing it.
` But you're asking --
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`Emily J. Greb
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`Mylan Pharmaceuticals Inc. v. Biogen MA Inc.
`
`September 20, 2019
`
`Page 24
`
` MR. DEROO: I'm asking about
` information obtained from the website.
` MR. ANSTAETT: Sorry. We just need
` to take turns for the court reporter. I'm
` quoting your question: "Or did you only
` compare Replacement Exhibit 1010 against
` Original Exhibit 1010 obtained from PTAB E2E
` portal?"
` What comparisons she made, what she did
` is not a question of how publicly information
` was collected.
` MR. DEROO: Are you instructing the
` witness not to answer?
` MR. ANSTAETT: I am on the basis of
` the question you asked.
`By Mr. Deroo:
`Q. Ms. Greb, do you know if the Replacement
` Exhibit 1010 document obtained from the
` ClinicalTrials.gov website is the exact same web
` page that allegedly would have been available from
` the ClinicalTrials.gov website in September 2005?
` MR. ANSTAETT: Just give me a
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`Emily J. Greb
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`Mylan Pharmaceuticals Inc. v. Biogen MA Inc.
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`September 20, 2019
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`Page 25
`
` moment. I instruct the witness not to
` answer. It's beyond the scope of the order.
`Q. Would you turn to your declaration, please. And
` I'm looking at paragraph 4 towards the bottom of
` page 2. And in the second from the bottom line
` you stated that you selected, "Version 1
` (September 9, 2005) in both Columns A and B of the
` table" at a ClinicalTrials.gov URL.
` Do you see that?
`A. I see that sentence.
`Q. Then would you please turn to Replacement
` Exhibit 1010. I'll ask you to turn to the last
` page, please.
`A. Page 12?
`Q. Uh-huh. You see there is a citation to a
` February 2014 article by Fox and a number of
` coauthors. Let me know if you're with me.
`A. I see that.
`Q. And then in your declaration at the bottom of
` paragraph 4 when you selected Version 1
` September 9, 2005, in both columns A and B on the
` ClinicalTrials.gov website, did you consider that
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`Emily J. Greb
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`Mylan Pharmaceuticals Inc. v. Biogen MA Inc.
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`September 20, 2019
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`Page 26
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` a September 9, 2005, website could not have
` included a citation to a February 2014 paper?
` MR. ANSTAETT: Again, give me a
` moment to read the question. Yeah. Again,
` Counsel, I'm happy to hear an explanation
` about what she considered addresses how
` publicly available information from the
` ClinicalTrials dot website was collected, if
` you want to explain that. But to me, those
` are -- that's a question that falls outside
` the scope of the order and gets into the
` mental impressions of an attorney of record
` in this case, which is privileged and beyond
` the scope of the order of the Board.
` MR. DEROO: So you're objecting on
` privilege and scope?
` MR. ANSTAETT: Both of those. And
` I'm happy to -- if you would like to explain
` or ask a different question, I'm happy to
` consider it. But those are my objections.
` And on that basis, I'm instructing the
` witness not to answer.
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`Emily J. Greb
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`Mylan Pharmaceuticals Inc. v. Biogen MA Inc.
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`September 20, 2019
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`Page 27
` MR. DEROO: I disagree as to the
` scope, but I'm not going to dispute with you.
` I'm not going to fight with you on a
` privilege objection. Okay?
` MR. ANSTAETT: Okay.
`By Mr. Deroo:
`Q. Would you please turn to Original Exhibit 1010.
`A. This is the one with the Coalition Exhibit 1022 on
` the bottom?
`Q. Correct. In the lower left-hand corner on the
` first page of Original Exhibit 1010, do you see a
` URL from the ClinicalTrials.gov?
`A. On the lower left-hand corner of Mylan Pharms
` Exhibit 1010, also marked Coalition Exhibit 1022,
` it says "https://clinicaltrials.gov/archive/
` NCT00168701/2005_09_14."
`Q. And please also turn to Replacement Exhibit 1010.
`A. And this document is the one marked Mylan Pharms,
` Inc., Exhibit 1010 without the Coalition exhibit
` number on it.
`Q. And in the lower left-hand corner of Replacement
` Exhibit 1010, do you also see a ClinicalTrials.gov
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`Emily J. Greb
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`Mylan Pharmaceuticals Inc. v. Biogen MA Inc.
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`September 20, 2019
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`Page 28
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` URL?
`A. In the lower left-hand corner of Exhibit 1010 on
` page 1 there are letters that say
` "Https://clinicaltrials.gov/C2/history/
` NCT00168701?A=1&B=1&C=merged."
`Q. And feel free to refer to paragraph 4 in your
` Declaration, but is this URL in the bottom
` left-hand corner of Replacement Exhibit 1010 the
` one you used to obtain Replacement Exhibit 1010
` from the ClinicalTrials.gov website?
`A. Paragraph 4 page 2, seven -- lines 7 and 8 prov
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