`Venkatesh Murthy, M.D.Venkatesh Murthy, M.D.
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`May 23, 2019May 23, 2019
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`·1· · · · · · UNITED STATES PATENT AND TRADEMARK OFFICE
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`·2· · · · · · ·BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`·3
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`·4· ·JUBILANT DRAXIMAGE, INC.,
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`·5· · · · · · · · · · ·Petitioner,
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`·6· · · · · · · vs.
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`·7
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`·8· ·BRACCO DIAGNOSTICS, INC.,
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`·9· · · · · · · · · · ·Patent Owner.
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`10· ·_____________________________
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`15· · · · · · · ·IPRs2018-01448, -01449, and -01450
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`16· · · · · · ·U.S. Patent Nos. 9,229,467 and 9,229,468
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`20· · · · The Deposition of VENKATESH MURTHY, M.D.,
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`21· · · · Taken at 900 Victors Way, Suite 261,
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`22· · · · Ann Arbor, Michigan,
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`23· · · · Commencing at 9:01 a.m.,
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`24· · · · Thursday, May 23, 2019,
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`25· · · · Before Lezlie A. Setchell, CSR-2404, RPR, CRR.
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`U.S. LEGAL SUPPORTU.S. LEGAL SUPPORT
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`(877) 479-2484(877) 479-2484
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`Bracco Ex. 2016
`Jubilant v. Bracco
`IPR2018-01449
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`Venkatesh Murthy, M.D.Venkatesh Murthy, M.D.
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`May 23, 2019May 23, 2019
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`2
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`·1· ·APPEARANCES:
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`·2
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`·3· ·T. CY WALKER
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`·4· ·BakerHostetler, LLP
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`·5· ·Washington Square, Suite 1100
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`·6· ·1050 Connecticut Avenue, N.W.
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`·7· ·Washington, DC 20036-5304
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`·8· ·202.861.1688
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`·9· ·cwalker@bakerlaw.com
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`10· · · · Appearing on behalf of the Petitioner.
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`12· ·BARRY J. SCHINDLER
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`13· ·GreenbergTraurig, LLP
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`14· ·500 Campus Drive
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`15· ·Suite 400
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`16· ·Florham Park, New Jersey 07932-0677
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`17· ·973.360.7944
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`18· ·schindlerb@gtlaw.com
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`19· · · · Appearing on behalf of the Patent Owner.
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`U.S. LEGAL SUPPORTU.S. LEGAL SUPPORT
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`Venkatesh Murthy, M.D.Venkatesh Murthy, M.D.
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`May 23, 2019May 23, 2019
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`·1· · · · · · · · · · ·TABLE OF CONTENTS
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`·2
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`·3· · WITNESS· · · · · · · · · · · · · · · · · PAGE
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`·4· · VENKATESH MURTHY, M.D.
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`·5
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`·6· · EXAMINATION
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`·7· · BY MR. SCHINDLER· · · · · · · · · · · · · 4
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`·8· · EXAMINATION
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`·9· · BY MR. WALKER· · · · · · · · · · · · · · 42
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`11· · · · · · · · · · · · ·EXHIBITS
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`12
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`13· · EXHIBIT· · · · · · · · · · · · · · · · · PAGE
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`14· · (Exhibits attached to transcript.)
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`16· · EXHIBIT 1001· · · · · · · · · · · · · · · 6
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`17· · Declaration of Venkatesh L.
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`18· · Murthy, M.D., Ph.D.
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`19· · EXHIBIT 1002· · · · · · · · · · · · · · ·42
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`20· · Bracco CardioGen-82
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`21· · Infusion System
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`22· · User's Guide
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`Venkatesh Murthy, M.D.Venkatesh Murthy, M.D.
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`May 23, 2019May 23, 2019
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`·1· ·Ann Arbor, Michigan
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`·2· ·Thursday, May 23, 2019
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`·3· ·9:01 a.m.
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`·4· · · · · · · · · · ·VENKATESH MURTHY, M.D.,
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`·5· · · · was thereupon called as a witness herein, and after
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`·6· · · · having first been duly sworn to testify to the truth,
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`·7· · · · the whole truth and nothing but the truth, was
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`·8· · · · examined and testified as follows:
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`·9
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`10· · · · · · · · · · · · · ·EXAMINATION
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`11· ·BY MR. SCHINDLER:
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`12· ·Q.· ·Good morning, Doctor.· My name is Barry Schindler, and
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`13· · · · I represent Bracco Diagnostics in the case before the
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`14· · · · U.S. Patent Office.· I actually see before you a
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`15· · · · Declaration that you had executed in this proceeding;
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`16· · · · is that correct?
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`17· ·A.· ·Yes.
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`18· ·Q.· ·So I actually have a copy, also, of that Declaration,
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`19· · · · but I gather if you want to use your own, would that
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`20· · · · be more comfortable for you?
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`21· ·A.· ·Yes.· I actually have a couple of minor corrections of
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`22· · · · typos and things.
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`23· ·Q.· ·Excellent.· So we'll get there.· Before we get there,
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`24· · · · as I understand that previously that you have had your
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`25· · · · deposition taken at least twice now I believe?
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`Venkatesh Murthy, M.D.Venkatesh Murthy, M.D.
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`May 23, 2019May 23, 2019
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`·1· ·A.· ·This will be my third deposition, yeah.
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`·2· ·Q.· ·And you've also appeared at an ITC trial?
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`·3· ·A.· ·Yep, that was my first time in court.
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`·4· ·Q.· ·Okay.· So I understand then that you understand sort
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`·5· · · · of the basic ground rules, and the ground rules are,
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`·6· · · · one, I will ask you a question.· You will wait until I
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`·7· · · · finish my question.· Is that okay?
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`·8· ·A.· ·Yes.
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`·9· ·Q.· ·And then you will answer, I will wait until you
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`10· · · · answer, and I will not interrupt you.· Do you
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`11· · · · understand that?
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`12· ·A.· ·Yes.
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`13· ·Q.· ·Second, if you don't understand the question, you will
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`14· · · · ask me if you don't understand.· Otherwise, I will
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`15· · · · assume you understood my question, correct?
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`16· ·A.· ·Okay.
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`17· ·Q.· ·And if you need to take a break at any time, just say
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`18· · · · I need to take a break; do you understand that?
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`19· ·A.· ·Understood.
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`20· · · · · · · · · ·MR. SCHINDLER:· Actually, let's do some
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`21· · · · what we'll call the administrative part first. I
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`22· · · · understand you said you had some typos.· So I'm going
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`23· · · · to use as Jubilant Exhibit 1017, which is the
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`24· · · · Declaration you executed, and on this I'm going to use
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`25· · · · a red pen, and I would like you to mark up in red pen
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`Venkatesh Murthy, M.D.Venkatesh Murthy, M.D.
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`May 23, 2019May 23, 2019
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`·1· · · · --
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`·2· · · · · · · · · ·Actually, let's mark this as an exhibit.
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`·3· · · · · · · · · ·MARKED FOR IDENTIFICATION:
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`·4· · · · · · · · · ·EXHIBIT 1001
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`·5· · · · · · · · · ·Declaration of Venkatesh L.
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`·6· · · · · · · · · ·Murthy, M.D., Ph.D.
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`·7· · · · · · · · · ·9:04 a.m.
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`·8· ·BY MR. SCHINDLER:
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`·9· ·Q.· ·So I'm going to hand you Murthy Exhibit 1001, and I'm
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`10· · · · going to hand you a red pen, and you can walk me
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`11· · · · through the typographical or other errors.
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`12· ·A.· ·Okay.· Happy to.· Page 3, paragraph 5, sentence that
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`13· · · · starts with "I have personal experience working with
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`14· · · · rubidium-82 elution system" -- excuse me, sorry, the
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`15· · · · next sentence -- "I first started working with
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`16· · · · rubidium-82 elution systems during my time at Brigham
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`17· · · · and Women's Hospital."
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`18· · · · · · · · · ·So insert the word "time" between "my" and
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`19· · · · "at".
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`20· ·Q.· ·Excellent.
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`21· ·A.· ·Page 12, paragraph 28, the reference for the sentence
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`22· · · · that says:· "Since at least as early as the 1990s, the
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`23· · · · US Pharmacopeia has included radionucleic purity
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`24· · · · specifications for rubidium chloride injections."
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`25· · · · · · · · · ·That should be "to US Pharmacopeia 23
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`Venkatesh Murthy, M.D.Venkatesh Murthy, M.D.
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`May 23, 2019May 23, 2019
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`·1· · · · National Formulary 18 (1995)."· Refer to it as USP23.
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`·2· ·Q.· ·So just to be clear, where it says 100O at 1392, that
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`·3· · · · should be stricken out?
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`·4· ·A.· ·Correct.
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`·5· ·Q.· ·So if you'll write that in.
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`·6· · · · · · · · · ·MR. WALKER:· At 1392 probably still should
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`·7· · · · be there?
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`·8· · · · · · · · · ·THE WITNESS:· Yes, that's correct.
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`·9· · · · · · · · · ·Page 16, paragraph 35, the sentence:· "By
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`10· · · · 2008, it was common to --" insert the word "to"
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`11· · · · between "common" and "use" -- "common to use bar codes
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`12· · · · to track --" and then strike the word "to" after the
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`13· · · · word "track --" "to track a variety of healthcare
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`14· · · · assets."
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`15· ·BY MR. SCHINDLER:
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`16· ·Q.· ·Excellent.
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`17· ·A.· ·I'll just confirm that there's nothing else.
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`18· · · · · · · · · ·That will be all.
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`19· · · · · · · · · ·MR. SCHINDLER:· Thank you.· Just for the
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`20· · · · record, again, the witness has in Exhibit 1001 in red
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`21· · · · pen made a series of changes or grammatical changes,
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`22· · · · and this is noted in the Exhibit 1001.
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`23· ·BY MR. SCHINDLER:
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`24· ·Q.· ·So let me also have some nomenclature we're going to
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`25· · · · use.· You understand this says Declaration of
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`Venkatesh Murthy, M.D.Venkatesh Murthy, M.D.
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`May 23, 2019May 23, 2019
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`·1· · · · Dr. Murthy?
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`·2· ·A.· ·Correct.
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`·3· ·Q.· ·And it also says Jubilant Exhibit 1017?
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`·4· ·A.· ·Correct.
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`·5· ·Q.· ·During the deposition when I refer to either your
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`·6· · · · Declaration or Jubilant Exhibit 1017, please
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`·7· · · · understand it is the same document.
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`·8· ·A.· ·Thank you.
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`·9· ·Q.· ·That being said, let's stay in your Declaration, and
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`10· · · · let's go to the page where you executed, page 1717.
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`11· · · · Now as I understand, you executed this Declaration on
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`12· · · · August 14th of 2018, correct?
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`13· ·A.· ·That's the date that's written there.· I assume that
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`14· · · · was correct.
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`15· ·Q.· ·Okay.· You have no reason to doubt that date?
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`16· ·A.· ·No.
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`17· ·Q.· ·So let's put ourselves in that timeframe.· So prior to
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`18· · · · August 14 of 2018, did you have any discussions with
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`19· · · · Dr. Robert Stone?
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`20· ·A.· ·No, I have not, no.· I don't recall ever speaking with
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`21· · · · him before that time.
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`22· ·Q.· ·I gather after that time you did speak to Robert
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`23· · · · Stone?
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`24· ·A.· ·I think in the preparation period for the ITC hearing,
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`25· · · · he may have been one of the people that I shook hands
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`May 23, 2019May 23, 2019
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`·1· · · · with and said hello to, but I don't believe I've ever
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`·2· · · · had a substantive discussion other than a social, you
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`·3· · · · know, introduction.
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`·4· ·Q.· ·Okay.· Did you prior to executing on August 14 of 2018
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`·5· · · · have any discussion with a Ran Klein?
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`·6· ·A.· ·I've known Ran Klein for many years.· He's a prominent
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`·7· · · · person in the field of nuclear cardiology, and I've
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`·8· · · · met with him at a number of professional society
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`·9· · · · meetings, and I've read his work published in many
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`10· · · · journals.· I've seen his lectures at various fora.
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`11· · · · So, yes, I've met with him multiple times.
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`12· ·Q.· ·So now if you turn to page 5 of your Declaration, you
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`13· · · · see on page 5 you reference several publications.· One
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`14· · · · of them is to a Klein and it's a February, 2005.· Do
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`15· · · · you understand that is the same Ran Klein you just
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`16· · · · mentioned?
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`17· ·A.· ·Yes.
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`18· ·Q.· ·In February of 2005, did you know Ran Klein?
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`19· ·A.· ·February, 2005, I'll have to think about that for a
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`20· · · · minute.
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`21· · · · · · · · · ·No, I did not know Ran Klein at that time.
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`22· ·Q.· ·So let me help you, and I know you said that, so if
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`23· · · · you go back to page 3 and paragraph 5, and actually
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`24· · · · this is your sentence.· In the first sentence you say:
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`25· · · · "I have personal experience working with rubidium-82
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`May 23, 2019May 23, 2019
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`·1· · · · elution systems.· I first started working with
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`·2· · · · rubidium-82 elution systems during my time at Brigham
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`·3· · · · and Women's Hospital which began in July of 2008.
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`·4· · · · · · · · · ·Do you see that?
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`·5· ·A.· ·Correct.
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`·6· ·Q.· ·So would that also refresh your recollection that you
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`·7· · · · did not know Ran Klein at the time of February, 2005?
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`·8· ·A.· ·Yeah, that is correct, I did not know him at that
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`·9· · · · time.
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`10· ·Q.· ·If we go forward, when did you first become aware of
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`11· · · · the Klein document that you refer to in paragraph 11?
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`12· ·A.· ·You know, it would be hard for me to put an exact date
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`13· · · · on that because I've seen work related to this
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`14· · · · presented in multiple ways, both in, like I said, in
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`15· · · · presentation format at various talks at meetings.· So
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`16· · · · I honestly don't know exactly when I became aware of
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`17· · · · his Master's thesis.· I think that's his Master's
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`18· · · · thesis.
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`19· ·Q.· ·Would you say it would be probably after 2010?
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`20· ·A.· ·I honestly don't know when I would have been aware of
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`21· · · · that.
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`22· ·Q.· ·Okay.· In paragraph 11, you refer to the Klein
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`23· · · · publication.· Were you provided a copy of the Klein
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`24· · · · publication, or did you provide your attorneys a copy
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`25· · · · and discuss it in this Declaration?
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`May 23, 2019May 23, 2019
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`·1· ·A.· ·My recollection on that is not 100% clear.· My sense
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`·2· · · · is that they provided me a copy, but I may have
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`·3· · · · already had one in my files somewhere as well, but I'm
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`·4· · · · not 100% sure about that.
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`·5· ·Q.· ·Have you ever been at a lecture where Ran Klein
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`·6· · · · presented on this document referred to in paragraph
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`·7· · · · 11?
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`·8· ·A.· ·I've been at a number of lectures given by Ran Klein
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`·9· · · · and his colleagues from Ottawa Heart Institute and
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`10· · · · elsewhere where material that was in this document has
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`11· · · · been shown.
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`12· ·Q.· ·Would you say that your relationship with Ran Klein is
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`13· · · · someone you see on a frequent basis?
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`14· ·A.· ·Well, clarify what you mean by frequent.
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`15· ·Q.· ·Yes, that's fine.· So you attend major symposiums and
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`16· · · · conferences on a regular basis in your area?
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`17· ·A.· ·I generally will attend the two major nuclear
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`18· · · · cardiology meetings annually.· Those are the Society
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`19· · · · of Nuclear Medicine annual meeting which generally is
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`20· · · · in June of every year and the American Society of
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`21· · · · Nuclear Cardiology meeting which is typically in
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`22· · · · September or October.· In those fora, I would say Ran
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`23· · · · Klein usually attends at least one of those.· I would
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`24· · · · say that the likelihood of me seeing him at one of
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`25· · · · those meetings, which thousands of people attend,
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`·1· · · · 50/50 approximately.
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`·2· ·Q.· ·Did you have occasion to talk to Ran Klein about his
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`·3· · · · thesis with regard to the present case?
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`·4· ·A.· ·No.
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`·5· ·Q.· ·Did you discuss with Ran Klein his thesis and the
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`·6· · · · patient population that he treated in his thesis?
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`·7· ·A.· ·Ran is not a physician, so I'm not aware that he
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`·8· · · · treated patients.
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`·9· ·Q.· ·Excellent point.· Let me rephrase it.
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`10· · · · · · · · · ·So as I understand, the Ran Klein let's say
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`11· · · · system was used on a patient population, is that
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`12· · · · correct, that he discusses in his thesis?
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`13· ·A.· ·I don't recall the details of the patient population
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`14· · · · at this moment.· I'd have to refresh my memory.
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`15· ·Q.· ·Okay.
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`16· ·A.· ·But I think you're right that there is some discussion
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`17· · · · of clinical validation in there.
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`18· ·Q.· ·Okay.· Have you worked with Ran Klein on designing
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`19· · · · systems in the profusions area?
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`20· ·A.· ·No, I don't think I've ever directly collaborated with
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`21· · · · Ran Klein on the design of profusion systems of any
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`22· · · · kind.
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`23· ·Q.· ·Are you aware -- strike that.
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`24· · · · · · · · · ·Did you have discussions with Ran Klein
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`25· · · · regarding the system that's disclosed in his February,
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`·1· · · · 2005, publication and whether Ran Klein further worked
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`·2· · · · on that system?
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`·3· ·A.· ·I'm sorry, can you rephrase that?· I'm a little
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`·4· · · · confused.
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`·5· · · · · · · · · ·MR. SCHINDLER:· Can you repeat the
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`·6· · · · question.
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`·7· · · · · · · · · ·(The requested portion of the record was
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`·8· · · · · · · · · ·read by the reporter at 9:16 a.m. as
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`·9· · · · · · · · · ·follows:
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`10· · · · · · · · · ·"Question:· Did you have discussions with
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`11· · · · · · · · · ·Ran Klein regarding the system that's
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`12· · · · · · · · · ·disclosed in his February, 2005,
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`13· · · · · · · · · ·publication and whether Ran Klein further
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`14· · · · · · · · · ·worked on that system?")
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`15· · · · · · · · · ·THE WITNESS:· I don't recall ever talking
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`16· · · · to Ran about the design or iteration of the system.
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`17· · · · We talked about at some points technical merits of it,
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`18· · · · and prior to its being available in the US market, I
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`19· · · · think I talked to him about what the plans were for
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`20· · · · bringing it to the US market, but I don't think I ever
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`21· · · · talked about iterations on design with him.
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`22· ·BY MR. SCHINDLER:
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`23· ·Q.· ·Okay.· Are you aware that he did further iterations on
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`24· · · · the system that's disclosed in the February, 2005,
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`25· · · · publication?
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`Venkatesh Murthy, M.D.Venkatesh Murthy, M.D.
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`May 23, 2019May 23, 2019
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`·1· ·A.· ·I know that there were changes made between what was
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`·2· · · · described in his thesis and the marketed product. I
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`·3· · · · don't know in detail who was responsible for the
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`·4· · · · various iterations between.· I did see during the ITC
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`·5· · · · hearing a number of prototypes that were on, you know,
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`·6· · · · that had been arranged for other aspects of the case
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`·7· · · · that I was not directly testifying to, but I'm not
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`·8· · · · aware of who was responsible for them or what the
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`·9· · · · differences in detail were between them.
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`10· ·Q.· ·Okay.· So, again, the focus of mine is your
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`11· · · · discussions with Ran Klein.
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`12· ·A.· ·Okay.
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`13· ·Q.· ·And as I understand, and correct me if I'm wrong,
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`14· · · · you're stating that you did not have discussions with
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`15· · · · Ran Klein regarding whether Ran Klein improved the
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`16· · · · system as disclosed in the February, 2005,
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`17· · · · publication?
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`18· ·A.· ·No, I did not have any such discussions.
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`19· ·Q.· ·And I think I asked this but I'll ask it again. I
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`20· · · · apologize.
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`21· · · · · · · · · ·You did not directly work with the system
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`22· · · · that is detailed in the Ran Klein February, 2005,
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`23· · · · publication?
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`24· ·A.· ·If you mean the prototype system that Ran Klein built,
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`25· · · · no.· I've used the JDI RUBY-FILL system which I
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`Venkatesh Murthy, M.D.Venkatesh Murthy, M.D.
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`May 23, 2019May 23, 2019
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`15
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`·1· · · · believe has many of the same design principles within
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`·2· · · · it but has been refined and is FDA approved.· The
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`·3· · · · system that Ran built was not authorized for use in
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`·4· · · · the United States, and I've never practiced in Canada.
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`·5· ·Q.· ·Okay.· So let's stay in the August timeframe when you
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`·6· · · · executed your Declaration.· Prior to executing your
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`·7· · · · Declaration, did you have any discussions with any
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`·8· · · · Bracco employee regarding your Declaration?
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`·9· ·A.· ·You'll have to clarify.
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`10· ·Q.· ·Okay.
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`11· ·A.· ·You mean this Declaration or other aspects of the
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`12· · · · case?
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`13· ·Q.· ·First this Declaration and then I'm going to go to
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`14· · · · other aspects of the case.
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`15· ·A.· ·Okay.· This Declaration I don't recall ever talking to
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`16· · · · anyone at Bracco.· I inadvertently mentioned that this
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`17· · · · document was something that was being prepared during
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`18· · · · my earlier deposition related to the ITC aspects of
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`19· · · · the case when the Bracco attorney asked me something,
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`20· · · · I don't remember the details exactly, but some
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`21· · · · question came up and I let slip that I had recently
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`22· · · · been working on this, but other than that, I don't
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`23· · · · think I've spoken directly with anyone at Bracco
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`24· · · · related to this Declaration.
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`25· ·Q.· ·Okay.· So up until today in your practice, have you
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`Venkatesh Murthy, M.D.Venkatesh Murthy, M.D.
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`May 23, 2019May 23, 2019
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`16
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`·1· · · · had conversations with Bracco employees?
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`·2· ·A.· ·I've spoken to Bracco employees a number of times.
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`·3· ·Q.· ·And regarding?
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`·4· ·A.· ·We used the CardioGen System at University of Michigan
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`·5· · · · and at Brigham and Women's Hospital where I've worked
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`·6· · · · since 2008, and in both of those capacities, I had
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`·7· · · · occasion to interact either as part of training to use
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`·8· · · · the system correctly, or at Michigan I was involved in
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`·9· · · · negotiations over renewal of supply agreements, things
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`10· · · · of this sort.
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`11· ·Q.· ·Staying in the timeframe of prior to August 14th of
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`12· · · · 2018, did you review the Petition that was filed in
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`13· · · · this case?
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`14· ·A.· ·You're going to have to clarify what Petition means.
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`15· · · · I'm not familiar with that.
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`16· ·Q.· ·I'm going to show you a copy of a Petition that is --
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`17· · · · I'm going to show you a copy of a Petition that says
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`18· · · · Petition for Inter Partes Review of US Patent
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`19· · · · 9,299,468 and IPR Number 2018-01450, and my first
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`20· · · · question is:· Have you seen this document before?
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`21· ·A.· ·No, I don't believe I've seen this document before.
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`22· ·Q.· ·Okay.· I'm going to show you also a document marked
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`23· · · · that is Petition for Inter Partes Review of US Patent
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`24· · · · Number 9,299,467 and Inter Partes Review Case Number
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`25· · · · IPR 2018-01449, and I'm going to ask you the same
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`Venkatesh Murthy, M.D.Venkatesh Murthy, M.D.
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`May 23, 2019May 23, 2019
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`·1· · · · question:· Have you seen this document first before?
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`·2· ·A.· ·I don't believe so.
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`·3· ·Q.· ·Just take a look at it and see if this refreshes your
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`·4· · · · recollection.
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`·5· ·A.· ·I don't believe so.
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`·6· ·Q.· ·I'm going to show you a Petition for Inter Partes
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`·7· · · · Review of US Patent Number 9,299,468, it's IPR
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`·8· · · · 2018-01448, and I'm going to ask you the same
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`·9· · · · question:· Have you seen this Petition before?
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`10· ·A.· ·I don't believe I've seen in.
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`11· ·Q.· ·There's three of them but I'm going to ask you
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`12· · · · questions, they're all related, but I'm going to ask
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`13· · · · you questions on this one which is called IPR
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`14· · · · 2018-01448; do you see that?
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`15· ·A.· ·Yes.
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`16· ·Q.· ·I'd like you to turn to page IV, which is right at the
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`17· · · · beginning, and I'm going to ask you questions, so page
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`18· · · · IV through VII, and that's a series of exhibit lists,
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`19· · · · and I'd like you to first look at that list.
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`20· ·A.· ·Yes.
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`21· ·Q.· ·Okay.· So to understand why I'm asking this question,
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`22· · · · and correct me if I'm wrong, in your Declaration, I
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`23· · · · did not see a paragraph that stated the exhibits that
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`24· · · · you reviewed in preparation for executing the
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`25· · · · Declaration other than paragraph 11.· Can you confirm
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`Venkatesh Murthy, M.D.Venkatesh Murthy, M.D.
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`May 23, 2019May 23, 2019
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`18
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`·1· · · · that?
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`·2· ·A.· ·That is the list that you're referring to.
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`·3· ·Q.· ·So then am I correct that prior to executing this
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`·4· · · · Declaration, that the only exhibits that you reviewed
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`·5· · · · was what's stated in paragraph 11?
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`·6· ·A.· ·The one thing that is missing from paragraph 11 is the
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`·7· · · · Pharmacopeia document that I made the correction and
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`·8· · · · the citation to.
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`·9· ·Q.· ·Okay.
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`10· ·A.· ·But I also relied on about a decade's worth of
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`11· · · · experience and knowledge in the field, as well as
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`12· · · · about a decade's worth of knowledge from documents
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`13· · · · I've read over the years that I've internalized, as
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`14· · · · well as from my clinical practice experience.
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`15· ·Q.· ·Okay.· So, for example, if you go back to the Petition
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`16· · · · that's on page IV and you see the first exhibit is US
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`17· · · · Patent Number 9,299,468; do you see that reference?
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`18· ·A.· ·Yes.
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`19· ·Q.· ·Did you review that patent?
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`20· ·A.· ·No.
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`21· ·Q.· ·Okay.· And I gather if I asked you did you review the
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`22· · · · Complaint 1002, 1003, you would say no in the ITC?
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`23· ·A.· ·For clarification, the ITC published a request for
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`24· · · · commentary that referenced this Complaint.· I may have
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`25· · · · briefly glanced at it, but I'm not 100% sure it was
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`Venkatesh Murthy, M.D.Venkatesh Murthy, M.D.
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`May 23, 2019May 23, 2019
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`19
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`·1· · · · one of the documents I reviewed, because I did write a
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`·2· · · · letter responding to the ITC's request for comments.
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`·3· · · · I know I searched for the original Complaint, and I
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`·4· · · · don't recall whether I reviewed it or not.
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`·5· ·Q.· ·Okay.· And if you go further down -- and again, what
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`·6· · · · I'm asking you is prior to August 14th when you
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`·7· · · · executed your Declaration.· So these questions are
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`·8· · · · prior to that time.· There is a list of Exhibit 1006,
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`·9· · · · 1007, 1008, 1009, 1010, 1011 with a statement called
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`10· · · · about a prosecution history.· Are you aware what the
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`11· · · · term prosecution history is?
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`12· ·A.· ·No.
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`13· ·Q.· ·So have you filed for a patent?
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`14· ·A.· ·No.
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`15· ·Q.· ·Okay.· I also want to show you a document that's been
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`16· · · · previously marked as Jubilant Exhibit 1015, and it's a
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`17· · · · Declaration of Robert T. Stone.
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`18· · · · · · · · · ·First question:· At any time have you seen
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`19· · · · this Declaration?
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`20· ·A.· ·Not before today.
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`21· ·Q.· ·Okay.· So in preparation for your deposition, you have
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`22· · · · not reviewed Robert Stone's Declaration?
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`23· ·A.· ·No, I don't think so.· I haven't seen this document.
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`24· ·Q.· ·So at any time prior to today, and take your time
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`25· · · · looking at this document, have you reviewed Robert
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`Venkatesh Murthy, M.D.Venkatesh Murthy, M.D.
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`May 23, 2019May 23, 2019
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`20
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`·1· · · · Stone's Declaration?
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`·2· · · · · · · · · ·MR. WALKER:· Asked and answered.
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`·3· · · · · · · · · ·THE WITNESS:· Yeah, this is not a document
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`·4· · · · I saw before you handed it to me.
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`·5· ·BY MR. SCHINDLER:
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`·6· ·Q.· ·Okay.· In Robert Stone's Declaration, he also lists a
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`·7· · · · series of exhibits that he reviewed, and that's in
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`·8· · · · particular if you go to paragraph 14 on page 5 and
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`·9· · · · goes through page 8 --
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`10· ·A.· ·Okay.
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`11· ·Q.· ·-- you see he listed a series of exhibits?
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`12· ·A.· ·Yes.
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`13· ·Q.· ·Let me ask you, prior to today, have you reviewed your
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`14· · · · deposition that was taken, the transcript that was
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`15· · · · taken in the ITC case?
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`16· ·A.· ·The ITC deposition I did review and make corrections
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`17· · · · to, yes.
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`18· ·Q.· ·And you also testified at the ITC hearing, correct?
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`19· ·A.· ·I did.
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`20· ·Q.· ·Did you review that transcript?
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`21· ·A.· ·I have not been given that transcript.· Actually,
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`22· · · · correction, I may have been given the transcript but I
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`23· · · · have not reviewed it.· There were a number of emails
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`24· · · · that went around at that timeframe, and I know some
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`25· · · · transcripts were attached to them.· I don't know for
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`Venkatesh Murthy, M.D.Venkatesh Murthy, M.D.
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`May 23, 2019May 23, 2019
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`21
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`·1· · · · sure whether mine was, and I haven't reviewed it.
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`·2· ·Q.· ·If you would turn to Exhibit A of your Declaration,
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`·3· · · · and specifically page 1 of 34 of Exhibit A, and this
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`·4· · · · lists your education, correct?
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`·5· ·A.· ·Yes.
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`·6· ·Q.· ·On page 1?
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`·7· ·A.· ·Yes.
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`·8· ·Q.· ·And you have as listed, you have a B.S. and an M.S. in
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`·9· · · · chemistry?
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`10· ·A.· ·My Bachelor's is in biology.· My Master's is in
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`11· · · · chemistry, yes.
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`12· ·Q.· ·And then from 1996 to 2004, what did you receive?
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`13· ·A.· ·I was in a joint M.D. and Ph.D. program at Johns
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`14· · · · Hopkins University.
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`15· ·Q.· ·And you received a degree in?
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`16· ·A.· ·I received a Doctor of Medicine Degree, and that was
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`17· · · · in 2004, and I had a little bit earlier than that
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`18· · · · completed the requirements for my Ph.D. Degree in
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`19· · · · Biophysics and Biophysical Chemistry, and that was in
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`20· · · · 2001 that I was awarded that degree.
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`21· ·Q.· ·And in 2004 to 2005, you had an internship?
`
`22· ·A.· ·That's right.
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`23· ·Q.· ·All right.· And in 2005 to 2006, you had a radiology
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`24· · · · residency?
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`25· ·A.· ·That was one year out of what's typically a four-year
`
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`Venkatesh Murthy, M.D.Venkatesh Murthy, M.D.
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`May 23, 2019May 23, 2019
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`22
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`·1· · · · radiology training curriculum.
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`·2· ·Q.· ·And then 2006 to 2008, you had a medicine residency.
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`·3· · · · What areas was that in?
`
`·4· ·A.· ·That was general internal medicine.
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`·5· ·Q.· ·And then starting in, as you stated previously in your
`
`·6· · · · Declaration, in June of 2008, you started at Brigham
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`·7· · · · and Women's Hospital, a cardiovascular medicine
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`·8· · · · fellowship?
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`·9· ·A.· ·July of 2008, yes.· If I said June, then that was
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`10· · · · probably in error.
`
`11· ·Q.· ·You said July.· My mistake.
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`12· ·A.· ·You know these things, the start dates are often
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`13· · · · sometime between June 20th and July 1st, so, if my
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`14· · · · memory serves correctly on that case, it was July 1,
`
`15· · · · but I could be off by a couple days.
`
`16· ·Q.· ·So as of 2009, did you have a graduate degree in
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`17· · · · electrical engineering, system engineering, or
`
`18· · · · mechanical engineering?
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`19· ·A.· ·No.
`
`20· ·Q.· ·As of 2009, did you have an undergraduate degree in
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`21· · · · electrical engineering, system engineering, or
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`22· · · · mechanical engineering?
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`23· ·A.· ·No.
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`24· ·Q.· ·As of 2009, would you agree you lacked the education
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`25· · · · and experience to develop hardware and software
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`Venkatesh Murthy, M.D.Venkatesh Murthy, M.D.
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`May 23, 2019May 23, 2019
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`23
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`·1· · · · controls for computer control systems of rubidium-82
`
`·2· · · · elution system?
`
`·3· ·A.· ·Could you repeat that question?
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`·4· · · · · · · · · ·MR. SCHINDLER:· Yes, can you repeat that.
`
`·5· · · · · · · · · ·(The requested portion of the record was
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`·6· · · · · · · · · ·read by the reporter at 9:34 a.m. as
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`·7· · · · · · · · · ·follows:
`
`·8· · · · · · · · · ·"Question:· As of 2009, would you agree you
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`·9· · · · · · · · · ·lacked the education and experience to
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`10· · · · · · · · · ·develop hardware and software controls for
`
`11· · · · · · · · · ·computer control systems of rubidium-82
`
`12· · · · · · · · · ·elution system?")
`
`13· · · · · · · · · ·THE WITNESS:· I think I had some knowledge
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`14· · · · to contribute to such an endeavor, but I certainly
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`15· · · · couldn't lead a project like that.
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`16· ·BY MR. SCHINDLER:
`
`17· ·Q.· ·As of 2009, did you develop hardware controls for
`
`18· · · · computer control systems for rubidium-82 elution
`
`19· · · · system?
`
`20· ·A.· ·No.
`
`21· ·Q.· ·Did you develop software controls as of 2009 for
`
`22· · · · computer control systems of rubidium-82 elution
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`23· · · · system?
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`24· ·A.· ·No.
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`25· ·Q.· ·As of 2009, did you have the education and experience
`
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`Venkatesh Murthy, M.D.Venkatesh Murthy, M.D.
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`May 23, 2019May 23, 2019
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`24
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`·1· · · · to design radiation shielding?
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`·2· ·A.· ·In 2009, I had training in the general principles of
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`·3· · · · why mesh shielding is necessary to prevent damage to
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`·4· · · · cells and to reduce risk of developing cancer for
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`·5· · · · patients and workers in terms of I have been trained
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`·6· · · · in the general principles of how shielding should be
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`·7· · · · arranged and the thickness and material properties
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`·8· · · · required for different types of radiation protection,
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`·9· · · · but I was trained as a user in those regards and as a
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`10· · · · -- my training was to select the appropriate materials
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`11· · · · and products for clinical use and not necessarily to
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`12· · · · design them as a manufacturer or engineer.
`
`13· ·Q.· ·So as I understand, you start in July of 2008 with
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`14· · · · Brigham and Women's Hospital, correct?
`
`15· ·A.· ·That's right.
`
`16· ·Q.· ·And that was the first time that you had any
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`17· · · · experience with rubidium-82 elution system?
`
`18· ·A.· ·That's correct.
`
`19· ·Q.· ·So by, let's say, January of 2009, you then had
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`20· · · · sufficient experience to design radiation shielding
`
`21· · · · for rubidium-82 elution system?
`
`22· ·A.· ·No, that's not what I said.· I think I said that I had
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`23· · · · been trained in the general principl
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