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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 ALLAN S. MYERSON, Ph.D.
`
` APPEARING REMOTELY
`
` November 3, 2020
`
` 9:01 a.m.
`
`Reported by
`
`Rebecca J. Callow, RMR, CRR, RPR, CSR
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`GregoryEdwards, LLC | Worldwide Court Reporting
`GregoryEdwards.com | 866-4Team GE
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`Mylan (IPR2020-00040) Ex. 1031 p. 001
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`
`
`Allan S. Myerson, Ph.D. - November 3, 2020
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`Page 2
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` REMOTE ORAL DEPOSITION OF
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`ALLAN S. MYERSON, Ph.D., produced as a witness at
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`the instance of the Petitioner and duly sworn, was
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`taken in the above-styled and numbered cause on the
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`3rd day of November 2020, from 9:03 a.m. EDT, to
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`11:34 a.m., before Rebecca J. Callow, Registered
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`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 the Federal Rules of Civil Procedure.
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`Allan S. Myerson, Ph.D. - November 3, 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 TEVA PHARMACEUTICALS USA AND
`
`WATSON LABORATORIES, INC.:
`
` Goodwin Procter LLC
`
` 100 Northern Avenue
`
` Boston, Massachusetts 02210
`
` 617-570-1000
`
` By: Emily L. Rapalino
`
` erapalino@goodwinlaw.com
`
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`Allan S. Myerson, Ph.D. - November 3, 2020
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`Page 4
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` REMOTE APPEARANCES (CONTINUED)
`
`ON BEHALF OF MERCK:
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` Williams & Connolly LLP
`
` 725 Twelfth Street, Northwest
`
` Washington, D.C. 20005
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` 202-434-5000
`
` By: Alexander S. Zolan
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` azolan@wc.com
`
` Stanley Fisher
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` sfisher@wc.com
`
` Shaun Mahaffy
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` smahaffy@wc.com
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` Bruce Genderson
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` bgenderson@wc.com
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` Sarahi Uribe
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` suribe@wc.com
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` David Krinsky
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` dkrinsky@wc.com
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`Allan S. Myerson, Ph.D. - November 3, 2020
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`Page 5
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` REMOTE APPEARANCES (CONTINUED)
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` MERCK & CO., INC.:
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` 2000 Galloping Hill Road
`
` Kenilworth, New Jersey 07033
`
` (908) 740-4000
`
` By: Raynard Yuro
`
` ryuro@merck.com
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`Allan S. Myerson, Ph.D. - November 3, 2020
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`Page 6
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` I N D E X
`
` PAGE
`
`ALLAN S. MYERSON, PH.D.
`
`Examination by Mr. Malik ..........................8
`
`Examination by Mr. Zolan ........................101
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`Court Reporter's Certificate ....................104
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`Signature Page .................................107
`
`Changes and corrections ........................109
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` * * * * *
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`Allan S. Myerson, Ph.D. - November 3, 2020
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`Page 7
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` E X H I B I T S
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`NO. DESCRIPTION PAGE
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` (None offered)
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` * * * * *
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`Allan S. Myerson, Ph.D. - November 3, 2020
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`Page 8
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` Tuesday, November 3, 2020, 9:03 a.m.
`
` P R O C E E D I N G S
`
` - - - - -
`
` ALLAN S. MYERSON, 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. Myerson.
`
` A. Good morning.
`
` Q. For the record, would you mind stating your
`
`name one more time.
`
` A. Yes. Allan, A-l-l-a-n, Stuart Myerson,
`
`M-y-e-r-s-o-n.
`
` Q. And you understand today that you are under
`
`oath?
`
` A. Yes.
`
` Q. And you understand that the testimony you
`
`give today is under penalty of perjury?
`
` A. Yes.
`
` Q. And you also understand that you are
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`Allan S. Myerson, Ph.D. - November 3, 2020
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`Page 9
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`obligated to answer my questions today?
`
` A. Yes.
`
` Q. Is there any reason you cannot tell the
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`truth today?
`
` A. No.
`
` Q. Now, today I'm going to ask a series of
`
`questions. If anything is unclear, let me know and
`
`I'll try to rephrase it. Fair enough?
`
` A. Yes.
`
` Q. But if I ask a question and you answer the
`
`question, I will assume you understood it. Okay?
`
` A. Yes.
`
` Q. Let me go ahead and introduce into the chat
`
`room your declaration, the '408 patent, the '871 and
`
`the '708 patents, just so you have those documents.
`
` A. Yes. I have a hard copy of my declaration,
`
`materials considered, the '708 patent, and the
`
`'498 --
`
` Q. Okay.
`
` A. -- PCT. That's what I basically have in
`
`front of me.
`
` Q. Okay. Let me put them in the chat room,
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`Allan S. Myerson, Ph.D. - November 3, 2020
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`Page 10
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`mostly so everyone else has them, just in case.
`
` Okay. So I've loaded into the chat
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`room, the -- your declaration, which we'll get to in
`
`a minute; the '708 patent, Exhibit 1001; the '498
`
`patent, 1004; and the '871 patent, 1007. Let's go
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`ahead and start.
`
` Now, you said you have hard copies of
`
`these four documents in front of you?
`
` A. Yes.
`
` Q. Any other documents?
`
` A. No.
`
` Q. Are the four documents that you have in
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`front of you marked in any way?
`
` A. No.
`
` Q. Good. Now, I have uploaded into the chat
`
`room what has been labeled as Merck Exhibit 2101.
`
`You can look at it electronically or you can use the
`
`hard copy you have.
`
` Will you, please, confirm for me that
`
`you signed the document on August 21st, 2020, and it
`
`bears your signature on page 124.
`
` A. Yes. That's my signature, and the date is
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`Allan S. Myerson, Ph.D. - November 3, 2020
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`Page 11
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`August 21st, 2020.
`
` Q. Okay. And I'm going to refer to
`
`Exhibit 2101 as your declaration, or the Myerson
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`declaration, just for ease today.
`
` Would you understand that if I refer to
`
`it as your declaration, or the Myerson declaration,
`
`you'll know what I'm talking about as Exhibit 2101?
`
` A. Yes.
`
` Q. Any corrections to Exhibit 2101?
`
` A. Not that I'm aware of.
`
` Q. And you stand by the opinions in your
`
`declaration?
`
` A. I do.
`
` Q. And just to get some routine foundation
`
`questions out of the way; you've probably heard me
`
`ask them to you in the past.
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` Now, you understand that this
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`declaration was meant to be a complete statement for
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`the issues you're offering testimony to in connection
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`with this IPR.
`
` A. Yes.
`
` Q. Sitting here today, as of right now, this
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`Allan S. Myerson, Ph.D. - November 3, 2020
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`Page 12
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`declaration represents your complete opinions to any
`
`issues in this case as of the time you signed the
`
`declaration?
`
` A. Yes.
`
` Q. Have you -- in signing the declaration,
`
`have you been made aware of any information that is
`
`not encompassed within Exhibit 2101?
`
` For example, have you read anybody's
`
`deposition transcript?
`
` A. I'm sorry. Could you repeat that one
`
`again?
`
` Q. Sure. Let me strike that.
`
` After signing your declaration, have
`
`you read anyone else's deposition transcript?
`
` A. No.
`
` Q. Have you seen anyone else's declaration
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`that is not mentioned in 2101?
`
` A. Yes.
`
` Q. Whose declaration have you seen?
`
` A. I recently, I think over this past weekend,
`
`read the Matzger declaration.
`
` Q. Okay. So -- and was that the first time
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`Allan S. Myerson, Ph.D. - November 3, 2020
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`Page 13
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`that you reviewed the Matzger declaration?
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` A. Yes.
`
` Q. Okay. So at the time of signing your
`
`declaration, 2101, you hadn't received the Matzger
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`declaration. Is that correct?
`
` A. Correct.
`
` Q. And just so I'm clear, in connection with
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`your review of the Matzger declaration, you're not
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`here to, I guess, refute anything that Dr. Matzger
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`said in his declaration. Correct?
`
` A. That's correct.
`
` Q. Your opinions are limited to what is in
`
`your declaration, Exhibit 2101. Correct?
`
` A. Correct.
`
` Q. And you don't intend to supplement your
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`opinions in any way with what Dr. Matzger said in
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`his declaration. Correct?
`
` A. Correct.
`
` Q. Fair enough.
`
` Did you request to see the Matzger
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`declaration or was it just given to you?
`
` A. You know, I don't remember if I asked for
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`Allan S. Myerson, Ph.D. - November 3, 2020
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`Page 14
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`it or it was just given to me.
`
` Q. Okay.
`
` A. I ended up with it. I don't recall.
`
` Q. Okay. Do you have any understanding as to
`
`why the document was given to you?
`
` A. Just so I could read it. I mean, I think
`
`that was the only reason.
`
` Q. Okay. Let's go back to your declaration.
`
` In connection with the opinions that
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`you express in your declaration, are you satisfied
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`with the thoroughness of your review and
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`investigation?
`
` A. Yes.
`
` Q. And so any distinctions or any points that
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`you want to make are encompassed within Merck
`
`Exhibit 2101, which is your declaration. Correct?
`
` A. Yes.
`
` Q. And in connection with your declaration,
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`you were given a full opportunity to respond to any
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`points, and you did so. Correct?
`
` A. Yes.
`
` Q. So if it's not expressed in 2101, your
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`Allan S. Myerson, Ph.D. - November 3, 2020
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`Page 15
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`declaration, you are not advancing that opinion for
`
`the purposes of this matter. Correct?
`
` A. Correct.
`
` Q. Now, you mentioned the Matzger declaration.
`
` Anything else that you were aware of
`
`that is not encompassed within Merck Exhibit 2101?
`
` Any other declaration? Any other
`
`transcript? Any other evidence?
`
` A. Not related to the IPR.
`
` Q. Now, when you say, "Not related to the
`
`IPR," again, without getting into privileged
`
`information, can you give me a general sense of what
`
`you're talking about?
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` Again, I'm not looking for privileged
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`information.
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` A. Well, I think -- I think it's been
`
`disclosed that I'm an expert in the district court
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`case.
`
` Q. Okay. And nothing that you're talking
`
`about in connection with being an expert in the
`
`district court case has anything to do with the
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`matters that are discussed -- well, strike that.
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`Allan S. Myerson, Ph.D. - November 3, 2020
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`Page 16
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` I'm sure it's related in some way.
`
`Okay. I think I understand.
`
` Now, in connection with Dr. Matzger's
`
`declaration, which I believe you reviewed, there is
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`some experimental work that Dr. Matzger did that is
`
`described therein.
`
` Do you recall seeing that?
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` A. Yes. As I said, I just read it over the
`
`weekend. I recall he did some experimental data in
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`there.
`
` Q. And my question is, you had no part in
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`generating that experimental data. Correct?
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` That was only Dr. Matzger?
`
` A. Correct.
`
` Q. Okay. So to the extent I have questions on
`
`the experimental data, I probably should take it up
`
`with Dr. Matzger. Is that fair?
`
` A. That's correct.
`
` Q. Have you ever spoken to Dr. Matzger in
`
`connection with this matter?
`
` A. No.
`
` Q. And have you spoken to any inventor in
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`Allan S. Myerson, Ph.D. - November 3, 2020
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`Page 17
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`connection with matter?
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` And by "inventor," I mean the named
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`inventors on the '708 patent.
`
` A. No.
`
` Q. Other than one of Merck's attorneys,
`
`whether in-house or at Williams Connolly, have you
`
`spoken to anyone else at Merck in connection with
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`this matter?
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` A. No.
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` Q. Let's go to your declaration. Feel free to
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`use the hard copy or the electronic copy, it is
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`completely your choice. Let me know when you're
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`ready to proceed.
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` A. I'm ready.
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` Q. Paragraph 2, now, it says in reaching the
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`opinions I expressed therein you considered certain
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`materials.
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` Other than the Matzger declaration,
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`that's a complete listing of the materials you
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`considered. Correct?
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` A. Yes. The stuff that's cited in my report
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`and is now listed in that list of materials
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`Allan S. Myerson, Ph.D. - November 3, 2020
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`considered is everything I considered.
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` Q. Okay. And -- well, for whatever reason, I
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`haven't got the materials considered that counsel
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`for Williams Connolly emailed.
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` In connection with that materials
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`considered, can you describe it? Is there something
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`in it that was not included on the report?
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` A. No. I think it's everything that's cited
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`in the report. I just wanted it in a list.
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` Q. Fair enough. Thank you.
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` A. Citing the things I considered.
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` Q. Fair enough.
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` So there's nothing new on that
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`materials considered list that isn't already in this
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`report. Is that fair?
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` A. That's correct.
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` Q. So I noted there are various exhibits
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`mentioned in your declaration, including articles
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`and some other things.
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` I assume, in connection with this
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`matter, you had the opportunity to review them in
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`their entirety. Correct?
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`Allan S. Myerson, Ph.D. - November 3, 2020
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`Page 19
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` A. Yes. I believe that's correct.
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` Q. And to the extent you wanted to express any
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`opinions, offer any commentary on any exhibits
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`referenced in your declaration, I assume you did so
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`in Exhibit 2101. Is that fair?
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` A. Is that my declaration? 2101?
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` Q. That's your declaration. Yes.
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` A. Yes. Yes.
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` Q. Fair enough.
`
` Okay. So in paragraph 1, it says that
`
`you've been asked to offer opinions in connection
`
`with Claim 4 of the '708 patent. Correct?
`
` A. Yes.
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` Q. And address certain things that -- certain
`
`points to Dr. Chorghade. Correct?
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` A. Yes.
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` Q. And, obviously, I understand that Claim 4
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`is a dependent claim. It's dependent on Claim 2
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`which is, in turn, dependent on Claim 1.
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` But, generally, your focus is on the
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`specific issues with Claim 4, not necessarily Claim 1
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`and Claim 2. Is that correct?
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`Allan S. Myerson, Ph.D. - November 3, 2020
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`Page 20
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` A. Correct.
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` Q. Now, with respect to Claim 4 -- and then I
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`believe you have the '708 patent in front of you.
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`If you want to look at it, that's fine.
`
` We agree that Claim 4 is not limited to
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`any particular method of synthesis. Correct?
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` A. No. Claim 4 is to a crystalline form of a
`
`particular compound that's a monohydrate.
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` Q. Okay. We also agree that Claim 4 is not
`
`limited to any particular method of crystallization.
`
`Correct?
`
` A. That's correct.
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` Q. So any method of crystallization, so long
`
`as it generates the crystalline monohydrate,
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`would -- would be covered by Claim 4?
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` MR. ZOLAN: Objection to form.
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` A. In my non-lawyerly way, processes aren't
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`covered by the claim. The claim is covering the
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`substance of matter. So it doesn't matter how you
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`make it. If you have it; you have it.
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` BY MR. MALIK:
`
` Q. Okay. And let me ask you this in
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`Allan S. Myerson, Ph.D. - November 3, 2020
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`Page 21
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`connection with Claim 4:
`
` Other than the fact that it's a
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`crystalline substance and a monohydrate, no other
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`property is recited. Correct?
`
` A. Right. The compound itself is crystalline
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`and monohydrate. That's all that is indicated in
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`the claim. That's correct.
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` Q. Okay. There's no recitations in Claim 4
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`about stability that you see. Correct?
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` A. The claim -- the claim lists no properties,
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`so it doesn't say anything about the stability
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`itself. That's correct. So, of course --
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` Q. Nothing on --
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` MR. ZOLAN: Hold on. Yeah. Thanks,
`
`Jitty.
`
` Go ahead and finish, Dr. Myerson.
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` THE WITNESS: Yes.
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` A. So, of course -- a given crystalline form
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`will, of course, have a set of properties that go
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`with that crystalline form.
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` BY MR. MALIK:
`
` Q. Okay. First, Dr. Myerson, let me apologize
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`Allan S. Myerson, Ph.D. - November 3, 2020
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`Page 22
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`for interrupting you. That was not my intent. It's
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`a little bit harder on Zoom. So, first, let me just
`
`apologize to you for that.
`
` A. Sure.
`
` Q. So -- just continuing. So there's no
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`parameters in Claim 4 regarding any particular
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`solubility, dissolution parameter, hygroscopicity,
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`efficacy, or therapeutic parameters. Correct?
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` A. That's correct.
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` But, again, of course, for a given
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`crystalline form, that crystalline form will have a
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`set of properties that go with it.
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` Q. Okay. Now, you are aware in connection --
`
`well, have you been made aware, in connection with
`
`this IPR, that Mylan has challenged other claims in
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`connection with '708 patent?
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` MR. ZOLAN: Hey, Allan -- objection to
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`form.
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` Just, you know, obviously, don't get
`
`into any communications that we've had with you,
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`Allan. But if you can answer, go ahead.
`
` A. Well, in reading the Matzger declaration, I
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`Allan S. Myerson, Ph.D. - November 3, 2020
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`Page 23
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`know that you have challenged other claims.
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` BY MR. MALIK:
`
` Q. That's fair. I'll accept that. So let me
`
`ask it this way:
`
` Other than the obviousness of Claim 4,
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`as written out in your declaration, you're expressing
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`no other opinion directed to any other challenged
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`claim in connection with this inter partes review.
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`Correct?
`
` A. That's correct.
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` Q. You're leaving that stuff to Matzger. Is
`
`that correct?
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` MR. ZOLAN: Object to form.
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` A. That's correct.
`
` BY MR. MALIK:
`
` Q. In connection with your report, you're
`
`expressing no opinions as to anticipation directed
`
`to any challenged claim. Isn't that correct,
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`Dr. Matzger?
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` MR. ZOLAN: Objection to form.
`
` BY MR. MALIK:
`
` Q. Dr. Myerson. Dr. Myerson.
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`Allan S. Myerson, Ph.D. - November 3, 2020
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`Page 24
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` A. I'm sorry. I mean, I'm just giving my
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`opinion related to Claim 4. Is that the question?
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` Q. Yes. Just the obviousness of Claim 4.
`
`Correct?
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` A. Yes.
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` Q. And, obviously, I presume, when you
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`reviewed Dr. Matzger's declaration, you saw that he
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`spent a little bit of time on inventorship issues?
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` A. I don't remember that, actually.
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` Q. Okay. I'll get to my next set of
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`questions.
`
` It's fair to say that, in connection
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`with your declaration, you are expressing no opinion
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`regarding inventorship prior to any priority date of
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`WO '498. Is that correct?
`
` A. That's correct. If it's not in my
`
`declaration, I'm expressing no opinion.
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` Q. Okay. You're expressing no opinion on
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`actual reduction to practice of any claim in the
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`'708 patent prior to the priority date of WO '498.
`
`Is that correct?
`
` A. If it's not in my report, I'm not giving
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`Allan S. Myerson, Ph.D. - November 3, 2020
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`such an opinion.
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` Q. And just -- I'll close this out. Just a
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`couple more questions on this, just so we have a
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`clear understanding.
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` You haven't considered anything with
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`respect to prior inventions for any claim of the '708
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`patent against any priority date of the '408 patent.
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`Correct?
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` I'm sorry. WO '498?
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` A. Not that I recall. No.
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` Q. Okay. In paragraph 20 of your declaration,
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`you provide what you say is a provisional filing
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`date of the -- of Claim 4 of the '708 patent. Do
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`you see that?
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` A. Yes.
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` Q. Okay. And you are not even made aware of
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`Merck's position as it relates to the effective
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`filing date of any other claim in the '708 patent.
`
`Is that correct?
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` MR. ZOLAN: Objection to form.
`
` A. I'm not aware of any issue of this type.
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`\\\
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`Allan S. Myerson, Ph.D. - November 3, 2020
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` BY MR. MALIK:
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` Q. Fair enough.
`
` And my last question on this point,
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`since I think I've beaten it to death literally, you
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`were never asked, in connection with your
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`declaration, to provide any opinion regarding
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`inventorship. Correct?
`
` A. Correct.
`
` Q. A couple of other things. You have no
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`access to the realtime feed. Is that correct?
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` A. Yeah. I vaguely know what a realtime feed
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`is. I'm not positive I do, but I, obviously, don't
`
`have access to it.
`
` Q. Fair enough.
`
` And also in connection with this
`
`deposition, since this is an IPR deposition, you
`
`understand that during any breaks you are not
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`supposed to discuss the given testimony or
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`anticipated testimony in connection with this IPR.
`
`Is that your understanding?
`
` A. Yes.
`
` Q. And then, also, I'm going to ask now a
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`Allan S. Myerson, Ph.D. - November 3, 2020
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`series of questions, and unless I say otherwise,
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`just to make the questions a little more
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`straightforward, I'd ask that you respond from the
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`perspective of a person of ordinary skill in the art
`
`as you've defined it. Fair enough?
`
` A. Yes.
`
` Q. Okay. Turn to paragraph 31 of your report.
`
`Let me know when you're ready to proceed.
`
` A. Yes.
`
` Q. Now, in paragraph 31, you state that, in
`
`the illustration above, referring to what's in
`
`paragraph 30, the asterisk indicates a center of
`
`symmetry at the stereogenic carbon atom. Is that
`
`correct?
`
` A. Yes.
`
` Q. And by "stereogenic carbon atom," another
`
`way of saying it, that's the chiral center.
`
`Correct?
`
` A. Correct.
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` Q. And you've only depicted one asymmetric
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`center in paragraph 30. Correct?
`
` A. Correct.
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`Allan S. Myerson, Ph.D. - November 3, 2020
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` Q. And so it's your understanding that
`
`sitagliptin only has one chiral atom; namely, the
`
`chiral carbon that's marked. Correct?
`
` (Pause in proceedings.)
`
` BY MR. MALIK:
`
` Q. Dr. Myerson, did you hear the question?
`
` A. I did. I'm just checking something.
`
` (Document review.)
`
` A. Yes.
`
` BY MR. MALIK:
`
` Q. Just so the transcript is clear, it's not
`
`clear whether you're saying, "yes," to my question
`
`or the answer to the question. Let me ask the
`
`question again and then you can answer the question.
`
` So my question was, and so it's your
`
`understanding that the sitagliptin only has one
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`chiral atom; namely, the chiral atom that's marked in
`
`paragraph 30. Correct?
`
` A. Yes.
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` Q. And so, as a result of only having one
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`chiral carbon, that means there are only two
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`possible isomers of sitagliptin, an (R) and an (S)
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`enantiomer. Correct?
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` A. Yes. As far as I understand.
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` Q. And a person of ordinary skill in the art
`
`could easily have determined the (R) and (S)
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`configurations -- correct? -- of sitagliptin.
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` A. I'm not sure what you mean, "easily
`
`determined."
`
` Know that there was an (R) and
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`(S) configuration? Is that the question?
`
` Q. Well, let me break it up a little.
`
` You agree that a person of ordinary
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`skill in the art, just looking at the structure of
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`sitagliptin, could identify the chiral centers.
`
`Correct?
`
` A. Yes.
`
` Q. And the person of ordinary skill in the
`
`art, whether or not it's even marked on
`
`paragraph 30, would realize that sitagliptin only
`
`has one chiral atom. Correct?
`
` A. Yes. I believe that's correct.
`
` Q. And as a result of determining that it only
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`has one chiral center, they would easily be able to
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`Allan S. Myerson, Ph.D. - November 3, 2020
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`determine that it has only two possible isomers, an
`
`(R) and an (S). Correct?
`
` A. Once they determined it has one chiral
`
`center, those are the two possible enantiomers.
`
` Q. And what we talked about as far as
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`determining the number of enantiomers and
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`determining chiral centers, that is a very easy task
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`for a person of ordinary skill in the art. Correct?
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` A. I think, generally, that should be a skill
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`that one of -- one of the ordinary skill in the art
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`should be able to perform. I mean, there might be
`
`compounds it's more difficult to determine, but I
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`think, generally, I agree with that.
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` Q. Okay. But in the case of sitagliptin -- I
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`know there may be other compounds, I completely
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`understand.
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` But in the case of sitagliptin, that
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`would be an easy task for a person with ordinary
`
`skill in the art. Correct?
`
` A. To identify the chiral center, yeah. I
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`agree with that.
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` Q. In fact, undergraduate chemistry students
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`Allan S. Myerson, Ph.D. - November 3, 2020
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`Page 31
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`are taught to identify chiral centers in their first
`
`year of chemistry. Correct?
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` MR. ZOLAN: Form.
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` A. Actually, probably in their organic
`
`chemistry class, which is a secondary chemistry.
`
`But, yes.
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` BY MR. MALIK:
`
` Q. Okay. Fair enough.
`
` Now, in paragraph 31 of your report,
`
`you also state that it's your understanding that what
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`is known as sitagliptin is in the (R) configuration.
`
`Correct?
`
` A. Yes.
`
` Q. So the active form is not in the
`
`(S) form -- or (S) configuration. Correct?
`
` A. The form we know -- the form we know with
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`sitagliptin is the (R) form. I'm not sure of the
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`activity of the (S) form. I've never seen anything
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`about it, actually.
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` Q. Okay. Well, turn to paragraph 45 of your
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`report. And, by all means, review it, Dr. Myerson.
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`It's not a memory test. I think you've heard me say
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`GregoryEdwards, LLC | Worldwide Court Reporting
`GregoryEdwards.com | 866-4Team GE
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`Mylan (IPR2020-00040) Ex. 1031 p. 031
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`
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`Allan S. Myerson, Ph.D. - November 3, 2020
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`Page 32
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`that before too.
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` The last sentence says that "Chiral
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`molecules are important in the pharmaceutical
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`industry because biological activity can differ
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`significantly from one enantiomer to the other."
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` Do you see that sentence?
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` A. Yeah. That's certainly correct.
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` Q. And the fact that sitagliptin i