`
`CONFIDENTIAL
`Transcript of Mary Gerritsen, Ph.D.
`
`Date: June 17, 2022
`Case: Mylan Pharmaceuticals Inc. -v- Regeneron Pharmaceuticals, Inc. (PTAB)
`
`Planet Depos
`Phone: 888.433.3767
`Email: transcripts@planetdepos.com
`www.planetdepos.com
`
`WORLDWIDE COURT REPORTING & LITIGATION TECHNOLOGY
`
`Exhibit 2288
`Page 000 of 206
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` UNITED STATES PATENT AND TRADEMARK OFFICE
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
` ________________________________
` MYLAN PHARMACEUTICALS INC., CELLTRION, INC., and APOTEX,
` INC.,
` Petitioners,
` v.
` REGENERON PHARMACEUTICALS, INC.,
` Patent Owner.
` ________________________________
`
` IPR2021-00880, U.S. Patent No. 9,669,069
` IPR2021-00881, U.S. Patent No. 9,254,338
` ________________________________
`
` ::: CONFIDENTIAL :::
` DEPOSITION OF MARY E. GERRITSEN, PhD
` CONDUCTED VIRTUALLY
` Friday, JUNE 17, 2022
`
`Stenographically Reported by:
`LORI STOKES
`RPR, CSR No. 12732
`Job No. 452022
`Pages 1-166
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`CONFIDENTIAL
`Transcript of Mary Gerritsen, Ph.D.
`Conducted on June 17, 2022
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`2
`
` The deposition of MARY E. GERRITSEN, PHD, was
`taken virtually on behalf of Patent Owner,
`beginning at 9:15 a.m., Pacific Time, on June 17,
`2022, before LORI STOKES, RPR, Certified Shorthand
`Reporter No. 12732.
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`CONFIDENTIAL
`Transcript of Mary Gerritsen, Ph.D.
`Conducted on June 17, 2022
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`3
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`APPEARANCES VIA VIDEOCONFERENCE:
`
`FOR PETITIONER MYLAN PHARMACEUTICALS, INC.
` RAKOCZY MOLINO MAZZOCHI SIWIK, LLP
` BY: NEIL B. McLAUGHLIN
` THOMAS H. EHRICH, PhD
` Attorneys at Law
` 6 W Hubbard Street
` Suite 500
` Chicago, Illinois 60654
` 312.527.2157
`
`FOR PATENT OWNER REGENERON
` ARNOLD & PORTER KAYE SCHOLER LLP
` BY: JEREMY COBB
` ALICE HO, PhD
` Attorneys at Law
` 601 Massachusetts Avenue, NW
` Washington, DC 20001
` 202.942.6753
`
`ALSO PRESENT (telephonically):
` Eileen Woo, Vinny Lee
`
`VIDEOGRAPHER: Daniel Long
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`CONFIDENTIAL
`Transcript of Mary Gerritsen, Ph.D.
`Conducted on June 17, 2022
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`4
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` INDEX
`WITNESS EXAMINATION
`MARY E. GERRITSEN, PhD
` BY MR. COBB ............................10
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`5
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` EXHIBITS
`
`EXHIBIT DESCRIPTION PAGE
`
`EXHIBIT 15 Expert Declaration of 12
` Dr. Mary E. Gerritsen, PhD in
` Support of Petitioner's Reply -
` IPR2021-00880(Myland
` Exhibit 1115)
`
`EXHIBIT 16 Expert Declaration of Dr. Mary 13
` E. Gerritsen, PhD in Support of
` Petitioner's Reply -
` IPR2021-00881 (Mylan
` Exhibit 1115)
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`EXHIBIT 17 VEGF-Trap: A VEGF blocker with 15
` potent antitumor effects (Mylan
` Exhibit 1004)
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`6
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` EXHIBITS (continued)
`
`EXHIBIT DESCRIPTION PAGE
`
`EXHIBIT 18 Application for Extension of 53
` Patent Term Under 35 U.S.C.
` Section 156 for U.S. Patent
` Number 7,374,758 (Mylan
` Exhibit 1024)
`
`EXHIBIT 19 Application for Extension of 54
` Patent Term Under 35 U.S.C.
` Section 156 for U.S. Patent
` Number 7,070,959 (Mylan
` Exhibit 1102)
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`EXHIBIT 20 United States Patent No. 91
` 7,070,959 (Mylan Exhibit 1023)
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`7
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` EXHIBITS (continued)
`
`EXHIBIT DESCRIPTION PAGE
`
`EXHIBIT 21 United States Securities and 97
` Exchange Commission Form 10-Q
` for Regeneron Pharmaceuticals,
` Inc. for period ended
` September 30, 2009 (Mylan
` Exhibit 1021)
`
`EXHIBIT 22 Expert Declaration of Alexander 103
` M. Klibanov, PhD (Exhibit 2049)
`
`EXHIBIT 23 Zaltrap non comparability 112
` issue, Regeneron Sanofi
` Analytical Investigation
` Workshop March 14th, 2014
` (Exhibit 2073)
`
`EXHIBIT 24 United States Patent 120
` No. 7,374,757 (Mylan
` Exhibit 1022)
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`Transcript of Mary Gerritsen, Ph.D.
`Conducted on June 17, 2022
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`8
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` EXHIBITS (continued)
`
`EXHIBIT DESCRIPTION PAGE
`
`EXHIBIT 25 United States Patent 125
` No. 7,374,758 (Mylan
` Exhibit 1010)
`
`EXHIBIT 26 United States Patent 136
` No. 7,531,173 (Mylan
` Exhibit 1008)
`
`EXHIBIT 27 United States Patent 148
` Application Publication No.
` US 2006/0217311 A1 (Mylan
` Exhibit 1033)
`
` PREVIOUSLY MARKED EXHIBITS ATTACHED
`
` Gerritsen Exhibit 11 - Pages 26, 43, 115, 154
` Gerritsen Exhibit 4 - Page 118
` Del Priore Exhibit 10 - Pages 153-157
` Gerritsen Exhibit 1 - Pages 160-162
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`CONFIDENTIAL
`Transcript of Mary Gerritsen, Ph.D.
`Conducted on June 17, 2022
`
`9
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` JUNE 17, 2022 | 9:15 a.m.
`
` THE VIDEOGRAPHER: Here begins Media 1 in
`the videotaped deposition of Mary Gerritsen, PhD,
`in the matter of Mylan Pharmaceuticals, Inc., v.
`Regeneron Pharmaceuticals, Inc., in the United
`States Patent and Trademark Office Before the
`Patent Trial and Appeal Board, Case Number
`IPR2021-00880, Patent Number 9,669,069 B2. Second
`case number would be IPR2021-00881, Patent
`Number 9,254,338 B2.
` Today's date is June 17, 2022. The exact
`time on the video monitor is 9:16 a.m.
` The videographer today is Daniel Long,
`representing Planet Depos. This deposition is
`taking place at SpringHill Suites by Marriott,
`Belmont Redwood Shores.
` Would counsel please voice-identify
`themselves and state whom they represent.
` MR. COBB: Good morning. Jeremy Cobb
`with Arnold & Porter on behalf of patent owner
`Regeneron Pharmaceuticals. Also with me in person,
`Alice Ho, also with Arnold & Porter on behalf of
`Regeneron, and by phone line, Eileen Woo, in-house
`counsel for Regeneron Pharmaceuticals.
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`CONFIDENTIAL
`Transcript of Mary Gerritsen, Ph.D.
`Conducted on June 17, 2022
`
`10
`
` MR. McLAUGHLIN: Neil McLaughlin on
`behalf of Mylan Pharmaceuticals, Inc., from the law
`firm of Rokoczy Molino Mazzochi Siwik.
` THE VIDEOGRAPHER: The court reporter
`today --
` MR. EHRICH: I've got one more. Thomas
`Ehrich, also of Rokoczy Molino Mazzochi Siwik, also
`for Mylan.
` MR. McLAUGHLIN: And on the phone we have
`Vinny Lee from Mylan as well.
` THE VIDEOGRAPHER: The court reporter
`today is Lori Stokes representing Planet Depos.
` Would the court reporter please swear in
`the witness.
`
` MARY GERRITSEN, PhD,
`having been administered an oath, was examined and
`testified as follows:
`
` EXAMINATION
`BY MR. COBB:
` Q Good morning, Dr. Gerritsen. Could you
`please state your full name for the record.
` A Mary Ellen Gerritsen.
` Q And you've been retained by Mylan in this
`
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`CONFIDENTIAL
`Transcript of Mary Gerritsen, Ph.D.
`Conducted on June 17, 2022
`
`11
`
`case; is that correct?
` A That is correct.
` Q And you're testifying on behalf of Mylan
`regarding Regeneron's U.S. Patent Number 9,669,069;
`is that correct?
` A That is correct.
` Q And I'll refer to that as the '069 patent
`going forward.
` Is that okay with you?
` A Yes.
` Q And you're also testifying on behalf of
`Mylan regarding Regeneron's U.S. Patent Number
`9,254,338; is that correct?
` A That's correct.
` Q And I'll refer to that patent as the '338
`patent going forward.
` Is that okay with you?
` A Yes.
` Q And you testified earlier in this
`proceeding; is that correct?
` A Yes.
` Q Is there any reason that you cannot
`testify truthfully today?
` A No.
` Q So just -- I know we've done this before,
`
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`CONFIDENTIAL
`Transcript of Mary Gerritsen, Ph.D.
`Conducted on June 17, 2022
`
`12
`
`but I'm going to quickly go over the ground rules.
` This is question and answer. Your
`attorney may object from time to time, but you
`still have to answer my question unless he
`instructs you not to do so.
` Is that fair?
` A Yes.
` Q Let me know if you need to take a break
`at any time. I tend to take a break approximately
`every one hour. But if you need to take a break,
`just let me know and I'll find a stopping point.
`The only thing I ask that, if I have a question
`pending, then you would answer that question.
`Okay?
` A Okay.
` MR. COBB: I am going to hand you what
`has been introduced into IPR proceeding 2021-00880
`and marked as Mylan Exhibit 1115. And I think it
`will be marked as Gerritsen Exhibit 15.
` (Deposition Exhibit 15 was marked
` for identification.)
`BY MR. COBB:
` Q Do you recognize that document?
` A This is for the '069. Yes.
` Q What is that document?
`
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`CONFIDENTIAL
`Transcript of Mary Gerritsen, Ph.D.
`Conducted on June 17, 2022
`
`13
`
` A It's a copy of my declaration regarding
`the '069 patent.
` MR. COBB: And I am also going to hand
`you what has been previously marked as Mylan
`Exhibit 1115 in IPR Proceeding 2021-00881.
` (Deposition Exhibit 16 was marked
` for identification.)
`BY MR. COBB:
` Q Do you recognize that document,
`Dr. Gerritsen?
` A Yes.
` Q And what is that document?
` A It is a copy of my declaration regarding
`the '338 patent.
` Q And if you take a look at those two
`documents, Exhibit 15 and Exhibit 16. If you
`actually take a look at Exhibit 16.
` Are you there?
` A Yeah.
` Q Okay. And if we go to the table of
`contents, it's marked as i or page 2 at the bottom
`right-hand corner.
` A Uh-huh.
` Q And if we go to Section 6, it reads
`"Regeneron's Prior Art Patents."
`
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`CONFIDENTIAL
`Transcript of Mary Gerritsen, Ph.D.
`Conducted on June 17, 2022
`
`14
`
` A Yep.
` Q You did not offer the opinions set forth
`in Section 6, "Regeneron's Prior Art Patents," in
`the '069 proceeding; is that correct?
` A Yes, that is correct.
` Q And other than Section 7, the opinions
`you offer in Exhibit 15 and Exhibit 16 are the
`same, correct?
` A I don't know if they are word for word
`the same, but they are essentially the same.
` Q Okay.
` A I would have to go through and compare
`them.
` Q Sure.
` If you would take Exhibit 16, the 881
`declaration dated May 26th, 2022, and turn to
`paragraph 36.
` Let me know when you're there.
` A Yes. I'm there.
` Q And if I can actually direct you to --
`sorry. Give me one moment.
` MR. COBB: And I'm going to now introduce
`what has been previously marked as Exhibit 1004 in
`the 881 proceeding, an article titled "VEGF-Trap:
`A VEGF blocker with potent antitumor effects,"
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`CONFIDENTIAL
`Transcript of Mary Gerritsen, Ph.D.
`Conducted on June 17, 2022
`
`15
`
`first author Holash. I believe this will be
`Exhibit 17.
` (Deposition Exhibit 17 was marked
` for identification.)
`BY MR. COBB:
` Q Do you recognize that document,
`Dr. Gerritsen?
` A Yes.
` Q Okay. And did you review this document
`in forming the opinions set forth in your
`declarations?
` A Yes, I did.
` Q Okay. And if I can ask you to turn to
`page -- I'm going to refer to it as the page number
`that's marked on the bottom right-hand corner,
`page 2 of Exhibit 17, the Holash article.
` A Okay.
` Q Are you there?
` A Yep.
` Q And, specifically, if I can direct you to
`Figure 1.
` A Yes.
` Q Okay. Am I correct that Flt-1 refers to
`VEGFR1?
` A Yes.
`
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`CONFIDENTIAL
`Transcript of Mary Gerritsen, Ph.D.
`Conducted on June 17, 2022
`
`16
`
` Q And Flk-2 refers to VEGFR2 [verbatim].
` A That's correct.
` Q And Figure 1A provides a schematic
`representation of four different VEGF Traps,
`correct?
` A No. Oh, yes. Four different VEGF Traps,
`that's correct.
` Q And holding that page on Holash and
`referring back to your declaration at paragraph 36.
` Are you there?
` A Yes.
` Q Paragraph 36 begins "The structure and
`sequence of VEGF Trap-Eye/aflibercept molecule set
`forth in each of petitioner's asserted references
`can be traced back to Regeneron's original PNAS
`article (Exhibit 1004, Holash)."
` Did I read that right?
` A Yes.
` Q What structural features of VEGF Trap-Eye
`molecule can be traced back to Holash?
` A The composition of VEGF-Trap wherein the
`first -- the print is very small here -- where the
`first domain of the VEGF-Trap molecule is derived
`from VEGFR1 and the second domain of the VEGFR2.
` (Reporter clarification.)
`
`PLANET DEPOS
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`Exhibit 2288
`Page 016 of 206
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`09:27:27
`09:27:28
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`CONFIDENTIAL
`Transcript of Mary Gerritsen, Ph.D.
`Conducted on June 17, 2022
`
`17
`
`BY MR. COBB:
` Q Let me help you a bit.
` A I can't read it.
` Q I understand. This is, perhaps, the
`worst figure introduced that I've seen in a
`scientific article.
` So maybe if I can help you a little bit.
`If you turn to page --
` A Actually, I can see it here.
` Q I was going to say, turn to page 18 where
`it's blown up a little bit.
` A So it's Domain 2 of Receptor R1 and
`Domain 3 of Receptor R3. Basically, they are fused
`directly to one another and therein fused to the Fc
`domain of IgG1.
` Q And so Holash -- the structural
`information disclosed in Holash is a schematic
`representation of the domains of a VEGF-Trap R1R2
`molecule, correct?
` A If you were only basing it on that
`figure. If you carefully read the methods, they
`very clearly state how those constructs were made.
` Q Right. And if we look at this legend on
`paragraph -- sorry -- the legend on Figure 1. And
`I'm going to direct you -- it's about the middle.
`
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`Exhibit 2288
`Page 017 of 206
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`
`
`09:28:41
`09:28:46
`09:28:46
`09:28:47
`09:28:48
`09:28:50
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`09:29:00
`09:29:04
`09:29:07
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`09:29:16
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`09:29:26
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`CONFIDENTIAL
`Transcript of Mary Gerritsen, Ph.D.
`Conducted on June 17, 2022
`
`18
`
`It starts with VEGF-Trap R1R2 in Holash.
` A Uh-huh.
` Q Do you see that?
` A Yes.
` Q And what you're referring to is Holash
`teaches that the "VEGF-Trap R1R2 possesses the
`second Ig domain of VEGFR1 and the third Ig domain
`of VEGFR2 fused to the Fc portion of human IgG1,"
`correct?
` A That is what it says in the figure
`legend.
` (Reporter clarification.)
`BY MR. COBB:
` Q And do you agree with the statement in
`Holash that Figure 1 discloses that VEGF-Trap R1R2
`possesses the second Ig domain of VEGFR1 and the
`third Ig domain of VEGFR2 fused to an Fc portion of
`human IgG1?
` MR. McLAUGHLIN: Objection. Document
`speaks for itself.
` THE WITNESS: That is what the document
`says.
`BY MR. COBB:
` Q Okay. And you have no reason to doubt
`the veracity of that statement in Holash, correct?
`
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`Exhibit 2288
`Page 018 of 206
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`
`
`09:30:02
`09:30:03
`09:30:04
`09:30:11
`09:30:16
`09:30:20
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`09:30:22
`09:30:25
`09:30:30
`09:30:32
`09:30:33
`09:30:34
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`09:31:03
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`
`CONFIDENTIAL
`Transcript of Mary Gerritsen, Ph.D.
`Conducted on June 17, 2022
`
`19
`
` MR. McLAUGHLIN: Objection. Form.
` THE WITNESS: Again, it is what the
`document says. I mean, this is what they wrote. I
`can't testify to whether or not they were, you
`know, being totally honest, but that is the
`assumption that one makes.
`BY MR. COBB:
` Q And if I can direct you back to page 18,
`where there's a -- where it identifies VEGF-Trap
`R1R2.
` Do you see that diagram?
` A Yes.
` MR. McLAUGHLIN: Are you talking about
`Exhibit 1115?
` MR. COBB: I'm talking about Exhibit 1115
`on page 18 of her declaration. She has reproduced
`what appears to be a reproduction of Figure 1 in
`the Holash article. So I'm trying to -- but I'll
`be more precise with identification of exhibits.
`BY MR. COBB:
` Q Dr. Gerritsen, can you turn to page 18 of
`your 881 declaration.
` A Yep. I'm there now.
` Q And about halfway down, there's a figure
`that you've reproduced from the Holash article, and
`
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`Exhibit 2288
`Page 019 of 206
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`
`
`09:31:09
`09:31:14
`09:31:15
`09:31:16
`09:31:19
`09:31:25
`09:31:29
`09:31:31
`09:31:37
`09:31:39
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`09:31:44
`09:31:45
`09:31:49
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`09:31:55
`09:31:56
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`09:32:03
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`09:32:13
`09:32:18
`09:32:18
`09:32:19
`
`CONFIDENTIAL
`Transcript of Mary Gerritsen, Ph.D.
`Conducted on June 17, 2022
`
`20
`
`it begins with VEGF-Trap R1R2.
` Do you see that?
` A Yes.
` Q And you would agree that the figure --
`that figure from Holash regarding VEGF-Trap R1R2 is
`a schematic representation of the domains of the
`molecule, correct?
` MR. McLAUGHLIN: Objection. Form.
` THE WITNESS: Can you be more precise
`about which molecule it's a schematic
`representation of.
`BY MR. COBB:
` Q Do you see the molecule labeled as
`VEGF-Trap R1R2?
` A Yes.
` Q And you see that there's a drawing to the
`right?
` A Yes.
` Q Okay. So would you agree that the
`depiction in Figure 1 of Holash of VEGF-Trap R1R2
`is a schematic representation of the
`three-dimensional structure of VEGF-Trap R1R2?
` A No.
` MR. McLAUGHLIN: Objection. Form.
` THE WITNESS: No. I do not agree with
`
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`Exhibit 2288
`Page 020 of 206
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`
`
`09:32:20
`09:32:21
`09:32:21
`09:32:21
`09:32:25
`09:32:27
`09:32:32
`09:32:38
`09:32:43
`09:32:44
`09:32:45
`09:32:49
`09:32:51
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`09:33:00
`09:33:09
`09:33:16
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`
`CONFIDENTIAL
`Transcript of Mary Gerritsen, Ph.D.
`Conducted on June 17, 2022
`
`21
`
`that.
`BY MR. COBB:
` Q Okay.
` A Nowhere in there is a three-dimensional
`structure. That's a cartoon.
` Q But you would agree that the picture in
`Figure 1 of Holash depicting R1R2 shows a
`representation of the domains of the molecule,
`correct?
` MR. McLAUGHLIN: Objection. Form. Asked
`and answered.
` THE WITNESS: What the cartoon shows --
`and it is exactly that -- is a cartoon -- shows
`that Domain 2 from Receptor R1 is fused to Domain 3
`of Receptor 2, which is then fused to the Fc region
`of IgG1.
`BY MR. COBB:
` Q Holash does not disclose the amino acid
`sequence of VEGF-Trap R1R2, correct?
` MR. McLAUGHLIN: Objection. Form. Calls
`for speculation.
` THE WITNESS: In the Holash paper, the
`sequence is not expressly printed out. However,
`the domain structure of both VEGFR1 and VEGFR2 are
`in the public domain. And any scientist using one
`
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`Exhibit 2288
`Page 021 of 206
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`
`
`09:33:58
`09:34:02
`09:34:07
`09:34:11
`09:34:15
`09:34:18
`09:34:22
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`09:34:31
`09:34:36
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`CONFIDENTIAL
`Transcript of Mary Gerritsen, Ph.D.
`Conducted on June 17, 2022
`
`22
`
`of the protein domain predictors could put in the
`sequence of either VEGFR1 or VEGFR2, and basically
`it predicts the domains of one, two, three, four,
`five, six, seven of each receptor so that, although
`it's not expressly put in there, one could deduce
`from just a simple alignment of the structures --
`or of the sequence and the protein domain
`predictors rapidly determine what is Domain 1 and
`Domain 2 and Domain 3 and so forth of VEGF
`receptors.
`BY MR. COBB:
` Q The VEGFR1R2 depicted in Figure 1 of
`Holash is not -- does not limit the sequence of the
`amino acid that could satisfy the description,
`correct?
` MR. McLAUGHLIN: Objection. Form.
`Mischaracterizes the document.
` THE WITNESS: I don't understand what you
`mean by "limit the sequence."
`BY MR. COBB:
` Q Sure. If I can take you back to Holash,
`which is Exhibit 17, and specifically the Figure 1
`legend on page 2.
` Are you there?
` A Uh-huh.
`
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`Exhibit 2288
`Page 022 of 206
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`
`
`09:35:39
`09:35:41
`09:35:46
`09:35:54
`09:35:54
`09:35:55
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`09:36:01
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`CONFIDENTIAL
`Transcript of Mary Gerritsen, Ph.D.
`Conducted on June 17, 2022
`
`23
`
` Q If we go back to the statement
`VEGF-Trap R1R2 possesses a second Ig domain of
`VEGFR1 and a third Ig domain of VEGFR2.
` Are you there?
` A Yes.
` Q More than one amino acid sequence can
`have a second domain of VEGFR1, correct?
` MR. McLAUGHLIN: Objection. Calls for
`speculation.
` THE WITNESS: And I'm sorry. I don't
`even understand. What do you mean more than one
`amino acid sequence can have that? There's only
`one VEGFR1 amino acid sequence that's accepted in
`the literature.
` If you type VEGFR1 into GenBank, you get
`a sequence, which is the VEGFR1 sequence. It gives
`you the nucleotide sequence. It gives you the
`amino acid sequence.
`BY MR. COBB:
` Q What is the amino acid sequence of --
`strike that.
` Did you provide the amino acid sequence
`of VEGF-Trap -- sorry. Strike that.
` Did you provide the sequence of VEGFR1 in
`your declaration?
`
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`Exhibit 2288
`Page 023 of 206
`
`
`
`09:36:59
`09:37:00
`09:37:05
`09:37:08
`09:37:13
`09:37:18
`09:37:21
`09:37:23
`09:37:24
`09:37:26
`09:37:28
`09:37:30
`09:37:30
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`09:37:39
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`09:38:30
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`CONFIDENTIAL
`Transcript of Mary Gerritsen, Ph.D.
`Conducted on June 17, 2022
`
`24
`
` MR. McLAUGHLIN: Objection. Calls for
`speculation.
` THE WITNESS: No, I did not. However, I
`did retrieve the VEGFR1 sequence from GenBank and
`the VEGFR2 sequence from GenBank and recreated the
`entire molecule based on the description in Holash,
`and it lines up a hundred percent.
`BY MR. COBB:
` Q But you didn't see fit to include that
`analysis or those exhibits in your declaration,
`correct?
` MR. McLAUGHLIN: Objection.
`Mischaracterizes the document.
` THE WITNESS: No.
`BY MR. COBB:
` Q I wasn't asking you about a document, and
`you still have to answer the question.
` A No, it's not included. You're correct.
` Q If I can take you back to Figure 1 of
`Holash and specifically Figure 1A.
` Am I correct in understanding that a
`second domain Flt-1 would correspond to R1 of
`VEGF-Trap R1R2?
` A I'm sorry. Say that again.
` Q Sure. The second domain, Flt-1, would
`
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`Exhibit 2288
`Page 024 of 206
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`
`
`09:38:37
`09:38:46
`09:38:47
`09:38:51
`09:38:52
`09:38:53
`09:38:54
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`CONFIDENTIAL
`Transcript of Mary Gerritsen, Ph.D.
`Conducted on June 17, 2022
`
`25
`
`correspond to R1 of a VEGF-Trap R1R2, correct?
` MR. McLAUGHLIN: Objection. Document
`speaks for itself.
` THE WITNESS: That is what it shows in
`the cartoon.
`BY MR. COBB:
` Q And the third domain of Flk-2 would refer
`to R2 of a VEGF-Trap R1R2?
` MR. McLAUGHLIN: Same objection.
` THE WITNESS: And same answer. It's what
`the cartoon shows.
`BY MR. COBB:
` Q I'm sorry. Is that a yes?
` A That is -- that's what it says.
` Q Okay. And similarly, R1 in the VEGFR1R2
`refers to the second Ig domain of VEGFR1, correct?
` MR. McLAUGHLIN: Objection. Document
`speaks for itself.
` THE WITNESS: That is correct.
`BY MR. COBB:
` Q Okay. And the R2 of VEGFR2 -- sorry.
`Strike that.
` The R2 in VEGFR1R2 refers to the third Ig
`domain of VEGFR2, correct?
` MR. McLAUGHLIN: Same objection.
`
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`Exhibit 2288
`Page 025 of 206
`
`
`
`09:40:00
`09:40:02
`09:40:06
`09:40:07
`09:40:10
`09:40:13
`09:40:15
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`CONFIDENTIAL
`Transcript of Mary Gerritsen, Ph.D.
`Conducted on June 17, 2022
`
`26
`
` THE WITNESS: That is what the cartoon
`shows, yes.
`BY MR. COBB:
` Q Am I correct in saying that more than one
`amino acid sequence could have a third Ig domain of
`VEGFR2?
` A No.
` MR. McLAUGHLIN: Objection. Form.
` THE WITNESS: I don't think you're
`correct.
`BY MR. COBB:
` Q Okay.
` A Please provide an example.
` The third domain is defined by the
`sequence of the VEGF receptor. So why would there
`be multiple amino acid sequences?
` MR. COBB: I'm going to hand you what's
`been previously marked as Gerritsen Exhibit 11.
`It's titled "VEGF Trap-Eye for the treatment of
`neovascular age-related macular degeneration,"
`first author James A. Dixon.
`BY MR. COBB:
` Q Dr. Gerritsen, do you recognize this
`document?
` A Yes, I do.
`
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`Exhibit 2288
`Page 026 of 206
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`
`
`09:41:50
`09:41:53
`09:41:57
`09:42:00
`09:42:08
`09:42:10
`09:42:14
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`09:42:33
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`CONFIDENTIAL
`Transcript of Mary Gerritsen, Ph.D.
`Conducted on June 17, 2022
`
`27
`
` Q And did you rely on the Dixon article,
`Gerritsen Exhibit 11, in forming the opinions set
`forth in your declaration?
` A Yes, I did.
` Q And if I could ask you to turn to
`Figure 1 of Gerritsen, which appears on page 1576
`of the document.
` A Oh, of this document. Okay. Okay.
` Q And the VEGF-Trap depicted in Figure 1 of
`Dixon possesses a second Ig domain of VEGFR1 and a
`third domain of VEGFR2 fused to the Fc portion of
`human IgG1; correct?
` MR. McLAUGHLIN: Objection. Document
`speaks for itself.
` THE WITNESS: That's what the document
`diagram shows.
`BY MR. COBB:
` Q And the Figure 1 in Dixon refers to the
`selection and arrangement of the receptor binding
`domains in Fc region of the VEGF-Trap molecule,
`correct?
` MR. McLAUGHLIN: Objection. Calls for
`speculation. Form.
` THE WITNESS: Actually, I don't think
`that it's correct. It shows a diagram of the VEGF
`
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`Exhibit 2288
`Page 027 of 206
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`
`
`09:43:26
`09:43:30
`09:43:34
`09:43:37
`09:43:41
`09:43:45
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`
`CONFIDENTIAL
`Transcript of Mary Gerritsen
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