Adam Matzger, Ph.D. - October 30, 2020
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` UNITED STATES PATENT AND TRADEMARK OFFICE
` ________________________________________
`
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
` ________________________________________
`
` MYLAN PHARMACEUTICALS INC., et al.,
`
` Petitioner,
`
` v.
`
` MERCK SHARP & DOHME CORP.,
`
` Patent Owner.
`
` __________________________________________
`
` Case IPR2020-00040
` Patent No. 7,326,708 B2
`
` __________________________________________
`
` DEPOSITION OF ADAM MATZGER, Ph.D.
`
` APPEARING REMOTELY
`
` October 30, 2020
`
` 9:01 a.m.
`
`Reported by
`
`Rebecca J. Callow, RMR, CRR, RPR, CSR
`
`GregoryEdwards, LLC | Worldwide Court Reporting
`GregoryEdwards.com | 866-4Team GE
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`Mylan (IPR2020-00040) Ex. 1025 p. 001
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` UNITED STATES PATENT AND TRADEMARK OFFICE
` ________________________________________
`
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
` ________________________________________
`
` MYLAN PHARMACEUTICALS INC., et al.,
`
` Petitioner,
`
` v.
`
` MERCK SHARP & DOHME CORP.,
`
` Patent Owner.
`
` __________________________________________
`
` Case IPR2020-00040
` Patent No. 7,326,708 B2
`
` __________________________________________
`
` DEPOSITION OF ADAM MATZGER, Ph.D.
`
` APPEARING REMOTELY
`
` October 30, 2020
`
` 9:01 a.m.
`
`Reported by
`
`Rebecca J. Callow, RMR, CRR, RPR, CSR
`
`GregoryEdwards, LLC | Worldwide Court Reporting
`GregoryEdwards.com | 866-4Team GE
`
`Mylan (IPR2020-00040) Ex. 1025 p. 001
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`
`
`Adam Matzger, Ph.D. - October 30, 2020
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`Page 2
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` REMOTE ORAL DEPOSITION OF ADAM MATZGER, Ph.D.,
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`produced as a witness at the instance of the
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`Petitioner and duly sworn, was taken in the
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`above-styled and numbered cause on the 30th day of
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`October 2020, from 9:01 a.m. EDT, to 3:37 p.m.,
`
`before Rebecca J. Callow, Registered Merit
`
`Reporter, Certified Realtime Reporter, Registered
`
`Professional Reporter and Notary Public for the
`
`State of Texas, reported by computerized stenotype
`
`machine remotely from Austin, Texas, pursuant to
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`the Federal Rules of Civil Procedure.
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`GregoryEdwards, LLC | Worldwide Court Reporting
`GregoryEdwards.com | 866-4Team GE
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`Adam Matzger, Ph.D. - October 30, 2020
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`Page 3
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` REMOTE APPEARANCES
`
`ON BEHALF OF MYLAN PHARMACEUTICALS, INC.:
`
` Katten Muchin Rosenman LLP
`
` 550 South Tryon Street
`
` Suite 2900
`
` Charlotte, North Carolina 28202
`
` 704-344-3185
`
` By: Jitendra Malik, Ph.D.
`
` jitty.malik@katten.com
`
`ON BEHALF OF MERCK SHARP & DOHME CORP.:
`
` Williams & Connolly LLP
`
` 725 Twelfth Street, Northwest
`
` Washington, D.C. 20005
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` 202-434-5000
`
` By: Stanly Fisher
`
` sfisher@wc.com
`
` Alexander S. Zolan
`
` azolan@wc.com
`
` Jingyuan Luo
`
` jluo@wc.com
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`GregoryEdwards, LLC | Worldwide Court Reporting
`GregoryEdwards.com | 866-4Team GE
`
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`Adam Matzger, Ph.D. - October 30, 2020
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`Page 4
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` REMOTE APPEARANCES (CONTINUED)
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`ON BEHALF OF WATSON LABORATORIES, INC.:
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` Goodwin Proctor LLP
`
` 620 Eighth Avenue
`
` The New York Times Building
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` New York, New York 10018
`
` 212-813-8800
`
` By: Keith A. Zullow
`
` kzullow@goodwinproctor.com
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`ON BEHALF OF DR. REDDY'S LABORATORIES, INC.,
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`DR. REDDY'S LABORATORIES, LTD.:
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` Lerner David Littenberg Krumholz & Mentlik
`
` 20 Commerce Drive
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` Cranford, New Jersey 07016
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` 908-654-5000
`
` By: Russell W. Faegenburg
`
` rfaegenburg@lernerdavid.com
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`GregoryEdwards, LLC | Worldwide Court Reporting
`GregoryEdwards.com | 866-4Team GE
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`Adam Matzger, Ph.D. - October 30, 2020
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`Page 5
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` REMOTE APPEARANCES (CONTINUED)
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` MERCK & CO., INC.:
`
` 2000 Galloping Hill Road
`
` Kenilworth, New Jersey 07033
`
` 908-740-4000
`
` By: Raynard Yuro
`
` ryuro@merck.com
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`Adam Matzger, Ph.D. - October 30, 2020
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`Page 6
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` I N D E X
`
` PAGE
`
`ADAM MATZGER, PH.D.
`
`Examination by Mr. Malik ..........................8
`
`Examination by Mr. Fisher .......................218
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`Court Reporter's Certificate ....................234
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`Signature page ..................................237
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`Errata ..........................................239
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` * * * * *
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`Adam Matzger, Ph.D. - October 30, 2020
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`Page 7
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` E X H I B I T S
`
`NO. DESCRIPTION PAGE
`
`Exhibit 1020 United States Patent No. 126
`
` 8,425,659
`
`Exhibit 2273 Sitagliptin Sulphate Pilot 223
`
` Concise Report (Bates Nos.
`
` TEVASITAIPR000088 through
`
` TEVASITAIPR000127)
`
`Exhibit 2274 10/2/2011 email string: 227
`
` Undisclosed recipients, Re:
`
` Sitagliptin Sulfate, (Bates Nos.
`
` TEVASITAIPR000128 through
`
` TEVASITAIPR000131)
`
` * * * * *
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`Adam Matzger, Ph.D. - October 30, 2020
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`Page 8
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` Friday, October 30, 2020, 9:01 a.m.
`
` P R O C E E D I N G S
`
` - - - - -
`
` ADAM MATZGER, PH.D.,
`
` called as a witness herein, having
`
` been first duly sworn by a Notary Public,
`
` was examined and testified as follows:
`
` EXAMINATION
`
` BY MR. MALIK:
`
` Q. Good morning, Dr. Matzger.
`
` A. Good morning.
`
` Q. Just for the record, do you mind stating
`
`your name?
`
` A. Adam J. Matzger.
`
` Q. And you understand today you are under
`
`oath?
`
` A. Yes, I do.
`
` Q. And just to go over some basic rules. So
`
`in connection with the fact that you understand you
`
`are under oath, you understand today that your
`
`testimony is under penalty of perjury. Correct?
`
` A. Yes, I do.
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`Adam Matzger, Ph.D. - October 30, 2020
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`Page 9
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` Q. And you also understand that you are
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`obligated to answer my questions. Is that fair
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`enough?
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` A. Yes.
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` Q. And is there any reason today you cannot
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`tell the truth?
`
` A. No.
`
` Q. Everyone has said "no" to that question,
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`just so you know.
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` So no medications, nothing like that,
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`that you're on today?
`
` A. No.
`
` Q. Fair enough.
`
` I'm going to ask a series of questions.
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`If you don't understand one of my questions, let me
`
`know and I'll try to rephrase. Fair enough?
`
` A. Yes.
`
` Q. Okay. And if you don't ask me to rephrase,
`
`I will make the assumption that you understood the
`
`question. Is that fair?
`
` A. Yes.
`
` Q. Now, what documents do you have physically
`
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`Mylan (IPR2020-00040) Ex. 1025 p. 009
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`Adam Matzger, Ph.D. - October 30, 2020
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`Page 10
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`in front of you?
`
` A. In front of me, I have my two declarations.
`
` Q. Okay. Do you have any of the documents
`
`that were attached to either one of the
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`declarations?
`
` A. No.
`
` Q. Okay. Fine.
`
` Are the -- your two declarations marked
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`in any way?
`
` A. No.
`
` Q. So I'm going to upload, just so you know,
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`electronic copies of your declarations. It doesn't
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`matter to me whether you want to use the electronic
`
`or the hard-copy version in connection with this
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`deposition.
`
` So I'm uploading it for the record,
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`just to confirm that it is, indeed, your declaration.
`
`But if you want to spend the entire time looking at
`
`the paper copy, that's fine by me. Fair enough?
`
` A. Yes.
`
` Q. And in connection with this deposition, do
`
`you understand that at no time during the break,
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`Adam Matzger, Ph.D. - October 30, 2020
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`Page 11
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`while this cross is going on, you may -- you may not
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`talk to your attorney about the substance of any
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`testimony or the substance of any anticipated
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`testimony. Do you understand that rule?
`
` A. Yes, I do.
`
` Q. Okay. And do you have access to what is
`
`known as the realtime feed?
`
` A. I don't know what that is.
`
` Q. Okay. Fair enough.
`
` Let me put a couple of documents in the
`
`chat room. First, let me put your declaration.
`
` MR. MALIK: I'm uploading, for the
`
`record, Exhibit 2103, the corrected Matzger
`
`declaration.
`
` BY MR. MALIK:
`
` Q. Go ahead and download that document.
`
` MR. MALIK: And then I am also going
`
`to download, which I don't think will give any state
`
`secrets away, the '708 patent and WO '498.
`
` A. Okay.
`
` (Pause in proceedings.)
`
` MR. MALIK: And I am uploading
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`Adam Matzger, Ph.D. - October 30, 2020
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`Page 12
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`Exhibit 1001, which is the '708 patent, and I am
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`also uploading Exhibit 1004, which is known as
`
`WO '498.
`
` A. Okay.
`
` BY MR. MALIK:
`
` Q. Let me know when you have all the documents
`
`and you're ready to proceed.
`
` A. Okay. I have them.
`
` Q. Okay. Let's -- I assume you've seen all
`
`three documents before?
`
` A. Yes.
`
` Q. Let's start with the declaration,
`
`Exhibit EX2103. Can you, please, confirm the
`
`declaration has your signature on the last page and
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`you signed it around -- in or around August 21st,
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`2020.
`
` A. Yes. I can confirm that.
`
` Q. And so this is your declaration that you
`
`submitted in connection with this matter.
`
` A. It is a declaration I submitted in
`
`connection with this matter.
`
` Q. Now, in connection with EX2103, do you have
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`Adam Matzger, Ph.D. - October 30, 2020
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`Page 13
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`any corrections to it?
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` A. I do not.
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` Q. Okay. And just to get some routine
`
`questions out of the way, that I ask all my experts
`
`in my IPRs, you understand that your declaration,
`
`EX2103, was meant to be a complete statement of the
`
`issues, as you understood them, as of the time that
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`you signed the document. Correct?
`
` A. That is my understanding.
`
` Q. Okay. So sitting here today, EX2103
`
`represents your complete opinions to the issues in
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`this case -- correct? -- as of right now.
`
` MR. FISHER: Object to the form.
`
` A. Well, I've continued to consider some of
`
`these issues.
`
` BY MR. MALIK:
`
` Q. Okay.
`
` A. And so in our questioning, other things may
`
`come up.
`
` Q. Okay.
`
` A. But at least at the time, this was my
`
`understanding.
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`Adam Matzger, Ph.D. - October 30, 2020
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`Page 14
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` Q. Is there anything new that you want to tell
`
`me about right now that is not in the declaration?
`
` A. I think the issues are all touched on in
`
`the declaration.
`
` Q. So there's no amendments or changes that
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`you'd make to your declaration, sitting here today,
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`right now.
`
` A. That's correct.
`
` Q. Okay. Now, in connection with your
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`declaration, I'm -- just to get some foundation.
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` I know you submitted two declarations
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`in this matter. One was the corrected declaration
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`and I think something else that was supplemental
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`evidence. Just so we get our question and answer
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`correct, when I say "declaration," unless stated
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`otherwise, I'm referring to EX2103. That's the main
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`declaration. Is that fair enough?
`
` A. Yes. That's clear.
`
` Q. Okay. Fair enough.
`
` So in connection with your declaration,
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`are you satisfied with your thoroughness of review
`
`and investigation into the matters discussed therein?
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`Adam Matzger, Ph.D. - October 30, 2020
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`Page 15
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` A. Yes. I'm generally satisfied with the
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`conclusions.
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` Q. Okay. So any discussion or distinction you
`
`wanted to make in connection with the matters as you
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`saw them is included in your declaration. Correct?
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` A. Yes. All the substance in here reflects my
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`opinions about the matter.
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` Q. And other than what's reflected in your
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`declaration, you don't wish to advance any other
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`opinions at this time. Correct?
`
` A. That's correct.
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` Q. So -- another way of putting it. So if
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`it's not expressed in this declaration, you're not
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`advancing that opinion as of right now. Correct?
`
` A. That's correct.
`
` Q. Now, let's -- do you mind turning to
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`paragraph 4 of your report -- your declaration. I'm
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`sorry.
`
` If I say "your report," you understand
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`that, interchangeably, that may mean your
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`declaration?
`
` A. That's fine.
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`Adam Matzger, Ph.D. - October 30, 2020
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` Q. It's the litigation part in me. Sorry.
`
` So turn to paragraph 4 and let me know
`
`when you're there.
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` A. I'm there.
`
` Q. Okay. So in paragraph 4, you talk about a
`
`number of documents that you have reviewed.
`
`Obviously paragraph 4 talks about everything that is
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`within your declaration. And then it says, '708
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`patent, the prosecution history, the materials cited
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`in Mylan's inter partes review, the deposition of
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`Dr. Chorghade, and all the materials cited therein,
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`and in the transcript. I see that.
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` Other than these documents, is there
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`anything else that you looked at that is not
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`encompassed within paragraph 4?
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` MR. FISHER: Object to the form.
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` A. Is the question with regard to this
`
`document?
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` BY MR. MALIK:
`
` Q. Yes.
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` A. This is what I believe to be the complete
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`list.
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`Mylan (IPR2020-00040) Ex. 1025 p. 016
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`Adam Matzger, Ph.D. - October 30, 2020
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`Page 17
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` Q. Let me ask it this way:
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` Have you read -- other than
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`Dr. Chorghade's deposition transcript, have you read
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`any other deposition transcripts in connection with
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`this matter?
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` A. I don't believe so.
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` Q. Okay. Have you read Dr. Myerson's expert
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`declaration in connection with this matter?
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` A. Subsequent to submitting this document, I
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`did read Dr. Myerson's declaration.
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` Q. Okay. So after you submitted -- so,
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`basically, it must have been sometime after
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`August 21st, 2020, the day you signed this
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`declaration?
`
` A. That's correct.
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` Q. And why were you given Dr. Myerson's
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`declaration? What is your understanding of why you
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`were given it?
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` I'm not asking for the substance of the
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`communication, I'm just asking what is your
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`understanding of why you wanted to look at it.
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` A. It's relevant to the '708 patent -- to
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`Mylan (IPR2020-00040) Ex. 1025 p. 017
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`Adam Matzger, Ph.D. - October 30, 2020
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`Page 18
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`aspects of the '708 patent, and so it provided a
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`fuller context.
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` Q. But you didn't look at it before you signed
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`and submitted your declaration in this matter.
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`Correct?
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` A. That's correct.
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` Q. So any statement in Dr. Myerson's
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`declaration couldn't have impacted your thoughts as
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`it relates to your declaration because you were not
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`aware of it. Correct?
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` A. That is correct.
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` Q. And are you supplementing any part of your
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`declaration with the statements of Dr. Myerson?
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` A. No, I am not.
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` Q. Okay. And to the extent Dr. Myerson makes
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`some statements, I should take it up with him rather
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`than you. Is that fair?
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` A. I hope you will. Yes.
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` Q. Fair enough. Fair enough.
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` And then just to round this out, you
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`are not offering any opinions in Dr. Myerson's
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`report. You are not here to amend or offer any
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`Mylan (IPR2020-00040) Ex. 1025 p. 018
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`Adam Matzger, Ph.D. - October 30, 2020
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`Page 19
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`opinions that amend or supplement his report. We can
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`talk about your report; his report stands on itself.
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`Is that fair?
`
` A. Yes. That's fair.
`
` Q. Okay. And I'm going to ask you a series of
`
`questions. And the questions that I ask you are
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`from the perspective of a POSA, as you've defined
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`it. So rather than saying, would you agree a POSA
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`does this. And I ask that you -- when you respond
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`to my questions, the answer is from the perspective
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`of a POSA as you define it. Fair enough?
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` A. I'll try to keep that in mind.
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` Q. Yes. It will save us saying the word
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`"POSA" a thousand times. So that's the reason. So,
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`let's try it. If you have any problems, let me
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`know. So unless I say otherwise, all of my
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`questions are from the perspective of a POSA. Okay?
`
` A. Yes.
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` Q. And in the interest of moving things along,
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`you agree that the WO '498 and the '871 have the
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`same specification in all material respects, other
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`than the claims.
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`Mylan (IPR2020-00040) Ex. 1025 p. 019
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`Adam Matzger, Ph.D. - October 30, 2020
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`Page 20
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` A. That's my basic understanding.
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` Q. Okay. And so to truncate this deposition,
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`I'm going to ask you a series of questions, mostly
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`focused on WO '498. Is it fair to say that if I
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`would have asked the same questions, but with
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`respect to the '871, your answer would be the same?
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` A. Yes.
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` Q. Okay. Now, I note -- if you'd look at
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`paragraph 1 of your report, there's no reference to
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`Claim 4. Is that correct?
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` A. That is correct.
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` Q. And in paragraph 44 you reproduce certain
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`claims, but you don't reproduce Claim 4. Is that
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`correct?
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` A. I'm sorry. In which paragraph?
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` Q. 44.
`
` A. That is correct.
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` Q. Okay. And just -- I don't think you'll
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`find this surprising. Just to be clear, you are not
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`offering any opinions in connection with Claim 4.
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`Is that correct?
`
` A. That is correct.
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`Mylan (IPR2020-00040) Ex. 1025 p. 020
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`Adam Matzger, Ph.D. - October 30, 2020
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`Page 21
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` Q. Claim 4, of course, is the subject of
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`Mr. Myerson's report. So to the extent I have
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`questions on Claim 4, they're probably best directed
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`to him. Is that fair?
`
` A. Yes. I agree with that.
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` Q. Okay. Let's see. And then just so we,
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`again, have some understanding, we're going to be
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`talking about sitagliptin throughout the today. I
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`don't think you find that surprising.
`
` On Footnote 11, on page 20, you state
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`that it's your understanding that sitagliptin is in
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`the (R)-configuration. Correct?
`
` A. Yes.
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` Q. So when I say "sitagliptin" in connection
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`with my questions, I'm referring to the
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`(R)-configuration, and I will assume that when you
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`respond using the word "sitagliptin," it's the
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`(R)-configuration. Is that fair enough?
`
` A. I think we better look at -- so which
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`footnote? So I discussed this issue in my
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`footnote -- okay. The (R)-configuration.
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` (Document review.)
`
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`
`Mylan (IPR2020-00040) Ex. 1025 p. 021
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`Adam Matzger, Ph.D. - October 30, 2020
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`Page 22
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` A. Yes. So if you -- if we adopt that
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`convention, it's okay with me. But keep in mind, my
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`report doesn't use the same convention.
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` Q. Okay. What convention would you prefer to
`
`use? The 1:1 DHP, I know we have (R) and (S). I'm
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`willing to ask my questions however is convenient to
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`you.
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` A. So the compound -- the way I use it is the
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`compound without any indication of stereochemistry.
`
` Q. Okay.
`
` A. So, basically, it's a compound of
`
`Formula I.
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` Q. Okay. Let me ask you, the compound of
`
`Formula I only has one chiral center. Correct?
`
` A. That is correct.
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` Q. And you could easily identify that chiral
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`center. Correct?
`
` A. Yes.
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` Q. And there are only -- given that there's
`
`only one chiral center, there's only an (S) isomer
`
`and an (R) isomer. Correct? Or enantiomer. (R)
`
`and (S) enantiomer.
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`
`Mylan (IPR2020-00040) Ex. 1025 p. 022
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`Adam Matzger, Ph.D. - October 30, 2020
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`Page 23
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` A. For sitagliptin, that's correct.
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` Q. Okay. And a person of ordinary skill in
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`the art would easily know there is (R) and (S)
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`enantiomer only, given that it only has one chiral
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`center. Correct?
`
` MR. FISHER: Objection to form.
`
` A. Yes. A POSA would understand that (R) and
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`(S) enantiomers are possible in a compound with one
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`chiral center.
`
` BY MR. MALIK:
`
` Q. Okay. Let's let me ask some more questions
`
`in connection with your investigation -- strike
`
`that.
`
` In connection with your declaration --
`
`any part of your declaration, did you speak to anyone
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`other than your lawyers? I'm not interested in
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`communications with your lawyers.
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` A. Yes.
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` Q. Who did you speak to?
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` A. So there was analytic testing that was
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`conducted as part of this declaration.
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` Q. Okay.
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`Mylan (IPR2020-00040) Ex. 1025 p. 023
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`Adam Matzger, Ph.D. - October 30, 2020
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`Page 24
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` A. And so I did not conduct all of that
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`testing myself. And so that sometimes involved
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`speaking to other parties about things that have --
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`you know, data that have ended up -- may or may not
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`have ended up in the report.
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` Q. Okay.
`
` A. But --
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` Q. I'm sorry. I didn't mean to interrupt you.
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`It's a little harder when we're on Zoom, so I
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`apologize, to the extent I interrupted you.
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` Let me ask it this way: Did you speak
`
`to any of the named inventors on the '708 patent?
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` A. No.
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` Q. Did you speak to anyone who submitted a
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`declaration from Merck in connection with this
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`matter?
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` A. Just to be clear, and I think I understand
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`your meaning, but -- I mean, I've spoken to
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`Allan Myerson many times, but not in a long time and
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`not in connection with this matter.
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` Q. Fair enough. Let me see if I can ask it
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`this way:
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`Mylan (IPR2020-00040) Ex. 1025 p. 024
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`Adam Matzger, Ph.D. - October 30, 2020
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`Page 25
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` Have you had any communications with
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`Ms. Vicky Vydra in connection with this matter?
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` A. No.
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` Q. Dr. Wenslow: Any communication with
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`Dr. Wenslow in connection with this matter?
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` A. No.
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` Q. Any connect -- any communication with
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`Mr. Ferlita in connection with this matter?
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` A. No.
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` Q. Just to confirm. Dr. Myerson, you have, of
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`course, communicated with him but never in
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`connection with this matter. Is that fair?
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` A. That's correct.
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` Q. Let's see. Dr. Eader, E-a-d-e-r: Any
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`communications with him in connection with this
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`matter?
`
` A. No.
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` Q. Dr. Herman: Any communications with him in
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`connection with this matter?
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` A. No.
`
` Q. Mr. Cypes: Any communication with him in
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`connection with this matter?
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`Mylan (IPR2020-00040) Ex. 1025 p. 025
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`Adam Matzger, Ph.D. - October 30, 2020
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`Page 26
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` A. No.
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` Q. Dr. Hansen: Any communications with
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`Dr. Hansen in connection with this matter?
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` A. No.
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` Q. And then Dr. Schultz, S-c-h-u-l-t-z: Any
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`connection with her in connection with this matter?
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` A. No.
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` Q. Communications -- any communications with
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`her in connection with this matter. I'm sorry.
`
` Your answer, sir?
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` A. No.
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` Q. Fair enough.
`
` What about Dr. Atwood? Have you spoken
`
`to him in connection with this matter?
`
` A. No.
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` Q. And one last question, and I promise not to
`
`belittle this point.
`
` Have you spoken to anyone at Merck,
`
`other than an attorney from Merck, in connection with
`
`this matter?
`
` A. In connection with this matter, no.
`
` Q. Okay. Fair enough. Let's see.
`
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`Mylan (IPR2020-00040) Ex. 1025 p. 026
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`Adam Matzger, Ph.D. - October 30, 2020
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`Page 27
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` Let's go to paragraph 47 of your
`
`report.
`
` A. I'm there.
`
` Q. There you describe Ms. Vydra's -- your
`
`understanding of Ms. Vydra's procedure. Correct?
`
` A. I describe one of the procedures that she
`
`conducted, yes.
`
` Q. Okay. So it's your understanding that she
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`contacted sitagliptin free base of phosphoric acid
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`in ethanol. Correct?
`
` A. Yes.
`
` Q. And then she heated it to 70 degrees for
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`one hour, and then so on and so forth. Correct?
`
` MR. FISHER: Object to the form.
`
` A. Yes. She conducted a procedure with it
`
`involving changing temperature.
`
` BY MR. MALIK:
`
` Q. Okay. Let me upload Ms. Vydra's procedure.
`
` And you cite in your declaration
`
`EX2002. Correct? Paragraph 47, about four lines
`
`down.
`
` A. Yes.
`
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`Mylan (IPR2020-00040) Ex. 1025 p. 027
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`Adam Matzger, Ph.D. - October 30, 2020
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`Page 28
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` Q. Okay. I have uploaded Exhibit 2002 into
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`the chat room. Why don't you go ahead and download
`
`that. I'm going to step away and get some water.
`
`I'll be back in, like, literally 10 seconds. Why
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`don't you go ahead and do that.
`
` (Pause in proceedings.)
`
` BY MR. MALIK:
`
` Q. Let me know when you're ready to proceed.
`
` A. Okay. I'm there.
`
` Q. Now, I assume you're not aware that what
`
`you have listed in paragraph 47 is actually not
`
`Ms. Vydra's procedure. That's probably news to you?
`
` MR. FISHER: Object to the form.
`
` A. I don't know whose procedure it is. But my
`
`understanding was that she had conducted it.
`
` BY MR. MALIK:
`
` Q. Okay. Well, why don't we turn to her
`
`declaration. This was the declaration that you were
`
`reading in connection with your report. Correct?
`
` A. Yes.
`
` Q. Okay. Why don't you turn to her lab
`
`notebook, which is on page, I believe, 14.
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`Mylan (IPR2020-00040) Ex. 1025 p. 028
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`Adam Matzger, Ph.D. - October 30, 2020
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`Page 29
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` A. Yes. I'm there.
`
` Q. Let me ask you this:
`
` In connection with this declaration,
`
`you did get a chance to review the various exhibits
`
`mentioned in your declaration. Correct?
`
` A. I reviewed them all to some extent, and
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`some in more detail than others.
`
` Q. Were you satisfied with the level of your
`
`degree -- I'm sorry.
`
` Were you satisfied in connection with
`
`your review, or the thoroughness of your review, for
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`each exhibit?
`
` A. I believed it to be sufficient to
`
`demonstrate what I was saying in my report.
`
` Q. Did you review each exhibit carefully?
`
` A. Again, I reviewed them to different
`
`extents, for -- you know, I didn't look at all of
`
`them to the same degree --
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` Q. Let me put it --
`
` A. I did not look at all parts to the same
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`degree. In a lot of cases, I'm relying on a smaller
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`part of the document.
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`Mylan (IPR2020-00040) Ex. 1025 p. 029
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`Adam Matzger, Ph.D. - October 30, 2020
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`Page 30
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` Q. Let me put it to you this way:
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` Any distinction or any point that you
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`wanted to make for each exhibit, I assume, is in your
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`report. Is that fair?
`
` A. I have endeavored to do so.
`
` Q. Okay. So are you on page -- what is marked
`
`page 14 of Ms. Vydra's -- of EX2002?
`
` A. Yes.
`
` Q. First, let me just say I'm very glad that
`
`Ms. Vydra has such neat handwriting so it lets me
`
`read this.
`
` Let's just go over her procedure. So
`
`she actually dissolved sitagliptin and phosphoric
`
`acid in dichloroethane. Correct?
`
` A. Yes. She dissolved the substrate in
`
`dichloroethane.
`
` Q. Okay. Let me -- you're correct. Let me
`
`back up.
`
` So what she did was, she started by
`
`dissolving sitagliptin in 25 mL of dichloroethane.
`
`Correct?
`
` A. Yes.
`
`GregoryEdwards, LLC | Worldwide Court Reporting
`GregoryEdwards.com | 866-4Team GE
`
`Mylan (IPR2020-00040) Ex. 1025 p. 030
`
`
`
`Adam Matzger, Ph.D. - October 30, 2020
`
`Page 31
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` Q. Dichloroethane is not ethanol. Correct?
`
` A. That's correct.
`
` Q. She then made a sub-solution of the various
`
`acids. Correct?
`
` A. Yes.
`
` Q. And then she added the sub-solution to the
`
`dichloroethane sitagliptin solution in one of the
`
`96 wells. Correct?
`
` A. That's my understanding.
`
` Q. So when she contacted the sitagliptin with
`
`the phosphoric acid, it was done in dichloroethane
`
`with whatever was with the acid.
`
` MR. FISHER: Object to the form.
`
` A. That's my understanding.
`
` BY MR. MALIK:
`
` Q. Okay. And there's no indication here that
`
`when she contacted the two any heat was applied.
`
`Correct?
`
` A. Well, when she does the evaporation it says
`
`that's done at elevated temperature.
`
` Q. Okay. But not when the two are first
`
`contacted with each other. Correct?
`
`GregoryEdwards, LLC | Worldwide Court Reporting
`GregoryEdwards.com | 866-4Team GE
`
`Mylan (IPR2020-00040) Ex. 1025 p. 031
`
`
`
`Adam Matzger, Ph.D. - October 30, 2020
`
`Page 32
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`1
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` MR. FISHER: Object to the form.
`
` A. That's my understanding.
`
` BY MR. MALIK:
`
` Q. And when she did have a heating step
`
`throughout her one-page protocol, she indicated
`
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