Laskar, Paul
`
`CASE IPR2022-00142
`
`August 4, 2022
`
`1
`
` UNITED STATES PATENT AND TRADEMARK OFFICE
`- - - - - - - - - - - - - - - - - - - - - - - - - -X
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`- - - - - - - - - - - - - - - - - - - - - - - - - -X
`
` SLAYBACK PHARMA LLC,
` Petitioner,
` v.
` EYE THERAPIES, LLC
` Patent Owner.
`- - - - - - - - - - - - - - - - - - - - - - - - - -X
` Case No. IPR2022-00142
` U.S. Patent No. 8,293,742
`
`- - - - - - - - - - - - - - - - - - - - - - - - - -X
`
` ZOOM DEPOSITION OF PAUL A. LASKAR, Ph.D.
` Thursday, August 4, 2022
`
`Reported by:
`Jeannette McCormick
`Job No. 52406
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`Eye Therapies Exhibit 2198, 1 of 36
`Slayback v. Eye Therapies - IPR2022-00142
`
`

`

`Laskar, Paul
`
`CASE IPR2022-00142
`
`2
` UNITED STATES PATENT AND TRADEMARK OFFICE
`
`- - - - - - - - - - - - - - - - - - - - - - - - - -X
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`- - - - - - - - - - - - - - - - - - - - - - - - - -X
`
` SLAYBACK PHARMA LLC,
` Pe itioner,
` v.
` EYE THERAPIES, LLC
` Patent Owner.
`- - - - - - - - - - - - - - - - - - - - - - - - - -X
` Case No. IPR2022-00146
` U.S. Patent No. 9,259,425
`
`- - - - - - - - - - - - - - - - - - - - - - - - - -X
`
`3
` REMOTE ZOOM VIDEOTAPED DEPOSITION of PAUL A.
`LASKAR, Ph.D., taken pursuant to Notice, held
`remotely on Thursday, August 4, 2022, at 7:00 a.m.
`Eastern Daylight Time, before JEANNETTE MCCORMICK, a
`Cer ified Shorthand Reporter.
`
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`August 4, 2022
`2 (Pages 2 to 5)
`4
`
`A P P E A R A N C E S: (VIA ZOOM)
`
` FINNEGAN, HENDERSON, FARABOW, GARRETT
` & DUNNER, LLP
` (VIA ZOOM)
` Attorneys for Patent Owner
` 901 New York Avenue, NW
` Washington, D.C. 20001-4413
` BY: JUST N J. HASFORD, ESQ.
` CHRISTINA YANG, ESQ.
` (202) 408-4000 (Telephone)
` (202) 408-4400 (Fax)
` justin.hasford@finnegan.com
` christina.yang@finnegan com
`
` GOODWIN
` (VIA ZOOM)
` Attorneys for Petitioner
` The New York Times Building
` 620 Eighth Avenue
` New York, New York 10018
` BY: L NNEA P. C PRIANO, ESQ.
` (212) 459-7258 (Telephone)
` lcipriano@goodwinlaw.com
`
` WINDELS MARX LANE & MITTENDORF, LLP
` (VIA ZOOM)
` Attorneys for Petitioner
` One Giralda Farms
` Madison, New Jersey 07940
` BY: LOUIS H. WEINSTEIN, ESQ.
` (973) 966-3236 (Telephone)
` (973) 966-3250 (Fax)
` lweinstein@windelsmarx com
`
`5
`A P P E A R A N C E S: (VIA ZOOM)
`
`(CONTINUED)
`
`Also Present:
`
` Deepti Jain (Dr. Reddy's Laboratories)
`
` Eric Vavrasek (Videographer)
`
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`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`Eye Therapies Exhibit 2198, 2 of 36
`Slayback v. Eye Therapies - IPR2022-00142
`
`

`

`Laskar, Paul
`
`CASE IPR2022-00142
`
` I N D E X
`
`WITNESS EXAMINATION BY PAGE
`
`PAUL A. LASKAR, Ph.D.
`
` MR. HASFORD 8
`
` E X H I B I T S
`
`LASKAR
`NUMBER DESCRIPTION PAGE
`
`1 2/19/16 Deposition Transcript
` of Clayton Heathcock 37
`
`2 Eyenovia, Inc. V Sydnexis, Inc.
` U.S. Patent No. 10,842,787
` U.S. Patent No. 10,940,145
` U.S. Patent No. 10,888,557 38
`3 Remington - The Science and
` Practice of Pharmacy -
` 21st Edition 49
`4 Allergan, Inc. v. Sandoz, Inc.
` (E.D. Texas - August 22, 2011) 75
`
`6
`
`7
`
` THE VIDEOGRAPHER: This is disk one in
` the video deposition of Paul A. Laskar, Ph.D.
` taken in the matter of Slayback Pharma, LLC
` v. Eye Therapies, LLC, in the United States
` Patent and Trademark Office, Before the
` Patent Trial and Appeal Board, Case Numbers
` IPR 2022-00142 and IPR 2022-00146.
` Today's date is August 4, 2022. The
` time on the video monitor is 7:01 a.m.,
` Eastern Daylight Time.
` This deposition is being held remotely
` via Zoom video conference.
` The Court Reporter is Jeannette
` McCormick, on behalf of Henderson Legal
` Services. The Video Camera Operator is Eric
` Vavrasek, also on behalf of Henderson Legal
` Services.
` Will counsel please introduce themselves
` and state whom they represent beginning with
` the party noticing the deposition.
` MR. HASFORD: Justin Hasford of Finnegan
` on behalf of the Patent Owner. And joining
` me is my colleague Christine Yang, also of
` Finnegan, on behalf of Patent Owner.
` MS. CIPRIANO: Good morning. Linnea
`
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`August 4, 2022
`3 (Pages 6 to 9)
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` Cipriano of Goodwin representing Petitioner.
` Also with me appearing today is Deepti Jain
` from Dr. Reddy's Laboratories. And I'll let
` my co-counsel introduce themselves.
` MR. WEINSTEIN: This is Lou Weinstein
` from Windels Marx on behalf of Petitioner.
` THE VIDEOGRAPHER: Will the Court
` Reporter please swear in the witness.
`
` PAUL A. LASKAR, Ph.D.,
` having first been remotely duly sworn,
` testified as follows:
`
` EXAMINATION
`BY MR. HASFORD:
` Q. Good morning, Doctor.
` A. Good morning.
` Q. Would you please state your name and address
`for the record.
` A. My name is Paul Laskar. And I reside at
`603 Montecito Boulevard, Napa, California. Zip code
`is 94559.
` Q. Doctor, I represent the Patent Owner in these
`IPR proceedings. Today, I will ask you questions.
`I would ask that you answer my questions truthfully
`
`9
`
`and accurately.
` If you need a break, just let me know. And
`if the question is pending, please first answer the
`question, and then we can take the break.
` If for any reason you do not understand the
`question that I ask, please let me know.
` And if you answer the question, I will assume
`that you understood the question.
` Is that okay?
` A. Yes, it is.
` Q. Is there any reason why you cannot testify
`truthfully and accurately today?
` A. No.
` Q. You understand that this is a remote
`proceeding today, correct?
` A. I do understand that, yes.
` Q. Do you agree that you will not communicate
`with any counsel during the proceeding?
` A. I do.
` MR. HASFORD: Let the record reflect
` that we hereby were invoke the Rule on
` Witnesses pursuant to Federal Rule of
` Evidence 615.
` Let's bring up Exhibit 1003 in IPR
` 2022-00142 entitled "Declaration of Paul A.
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`Eye Therapies Exhibit 2198, 3 of 36
`Slayback v. Eye Therapies - IPR2022-00142
`
`

`

`Laskar, Paul
`
`CASE IPR2022-00142
`
`August 4, 2022
`4 (Pages 10 to 13)
`12
`
`10
`
` Laskar, Ph.D."
` THE VIDEOGRAPHER: One moment.
`BY MR. HASFORD:
` Q. Can you see that on your screen, Doctor?
` A. I can.
` Q. And if you have a hard copy with you, feel
`free to use that as well.
` A. I will.
` Q. Is Exhibit 1003, IPR 2022-00142 your
`Declaration concerning U.S. Patent No. 8,293,742?
` A. In as far as the amount of -- the screen that
`I can see, yes. At the moment, I don't see the
`title that it is my declaration, but the header does
`reflect my declaration.
` Q. Let's turn to the signature page just so that
`you can confirm. It's page 38.
` Are you the Paul A. Laskar who signed and
`submitted Exhibit 1003 in IPR Number 2022-00142
`concerning U.S. Patent No. 8,293,742?
` A. Yes.
` Q. If I refer to U.S. Patent No. 8,293,742 as
`the '742 patent, will you understand what I mean?
` A. I will.
` Q. Let's now bring up Exhibit 1003 in IPR
`2022-00146, entitled "Declaration of Paul A. Laskar,
`
`11
`
`Ph.D."
` And when you get that up, Doctor, or if you
`want to use the hard copy, turn to page 37, and let
`me know when you're ready.
` Are you there, Doctor?
` A. I'm sorry?
` Q. Are you there?
` A. Yes. Yes.
` Q. Are you the Paul A. Laskar who signed and
`submitted Exhibit 1003 in IPR 2022-00146 concerning
`U.S. Patent No. 9,259,425?
` A. Yes.
` Q. If I refer to U.S. Patent No. 9,259,425 as
`the '425 patent, will you understand what I mean?
` A. Yes.
` Q. Do you understand that your testimony today
`applies to both the IPR 2022-00142 and IPR
`2022-00146 proceedings?
` A. I do.
` MR. HASFORD: Let's bring up Exhibit
` 1001 in IPR 2022-00142, which is U.S. Patent
` No. 8,293,742, the '742 patent.
`BY MR. HASFORD:
` Q. Again, Doctor, feel free to use the hard
`copy, if you have it there.
`
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` A. Thank you.
` Q. Let me know when you're ready, Doctor.
` A. I am ready.
` Q. In connection with your opinions in these IPR
`proceedings, did you review all of the claims of the
`'742 patent?
` A. Yes, I did.
` Q. In connection with your opinions in these IPR
`proceedings, did you review the entire specification
`of the '742 patent?
` A. I did.
` Q. In connection with your opinions in these IPR
`proceedings, did you review the entire file history
`of the '742 patent?
` A. I did not read every page of the file
`history, no.
` Q. Turn, if you would, to column 20 of the '742
`patent, and let me direct your attention to Claim 1.
` A. Column 20?
` Q. Correct.
` THE VIDEOGRAPHER: I'm sorry. Do you
` have the page number for me?
` MR. HASFORD: Just keep scrolling down
` and we'll get to it. It should be the last
` page.
`
`13
` THE VIDEOGRAPHER: Okay. Thank you.
`BY MR. HASFORD:
` Q. And, I apologize, I think I got the column
`number wrong. It's going to be the last page of the
`PDF, column 22. I apologize, Doctor.
` A. I have it.
` Q. And take a look, if you would, at Claim 1,
`and let me when you're ready.
` A. Yeah. I'm ready.
` Q. Based on the specification of the '742
`patent, how would a person of ordinary skill in the
`art carry out the method of Claim 1 of the '742
`patent?
` MS. CIPRIANO: Objection to form.
` THE WITNESS: That Claim 1 appears
` directed to a clinical study or a human study
` because it states that brimonidine is
` administered to a patient having an ocular
` condition.
`BY MR. HASFORD:
` Q. Based on the specification of the '742
`patent, how would a person of ordinary skill in the
`art understand that a method for reducing eye
`redness consisting essentially of administering
`brimonidine to a patient according to Claim 1 is
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`Eye Therapies Exhibit 2198, 4 of 36
`Slayback v. Eye Therapies - IPR2022-00142
`
`

`

`Laskar, Paul
`
`CASE IPR2022-00142
`
`August 4, 2022
`5 (Pages 14 to 17)
`16
`
`14
`
`carried out?
` MS. CIPRIANO: Objection to form.
` THE WITNESS: As I said, it appears that
` it states that a particular array of a
` concentration of brimonidine that a POSA, in
` my opinion, would be in the form that is able
` to be applied to a patient.
`BY MR. HASFORD:
` Q. How does the specification of the '742 patent
`disclose the method of Claim 1 of the '742 patent?
` MS. CIPRIANO: Objection to form.
` THE WITNESS: I'm not quite sure -- that
` question is very broad and very vague. I
` don't think I really understand the question.
`BY MR. HASFORD:
` Q. Well, you testified earlier that you reviewed
`the entire specification of the '742 patent,
`correct?
` A. I did.
` Q. Then take as much time as you need to go back
`and review it again. And when you're ready, I'll
`ask you the question again.
` A. I have reviewed it.
` Q. Let me -- just so we have a clear record,
`I'll ask the question again.
`
`15
` How does the specification of the '742 patent
`disclose the method of Claim 1 of the '742 patent?
` MS. CIPRIANO: Objection. Foundation.
` And objection to form.
` THE WITNESS: As I said, it appears as I
` read it, that in -- that Claim 1 addresses
` applying brimonidine at particular
` concentrations to a person with an ocular
` condition, and the specification describes in
` facts and figures the outcome of
` administering brimonidine at certain
` concentrations to a patient -- to patients'
` eyes.
`BY MR. HASFORD:
` Q. Let's take a look now at Claim 3 of the '742
`patent. Based on the specification of the '742
`patent, how would a person of ordinary skill in the
`art carry out the method of Claim 3 of the '742
`patent?
` MS. CIPRIANO: Objection to form.
` THE WITNESS: Claim 3, again, appears to
` administer to a patient a particular
` concentration of brimonidine having a pH
` within a particular range, and that the
` manner in which the product -- that the drug
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` is administered is by means of an ocular
` drop.
`BY MR. HASFORD:
` Q. How does the specification of the '742 patent
`disclose the method of Claim 3 of the '742 patent?
` MS. CIPRIANO: Objection. Foundation.
` Objection. Form.
` THE WITNESS: I don't know the -- I
` don't understand the difference between the
` question you asked before and this one.
`BY MR. HASFORD:
` Q. Well, this is a little different. I had
`asked you a similar question with respect to
`Claim 1, and you pointed to the examples and the
`figures.
` Do you remember that?
` A. Yes.
` Q. So let me ask the question with respect to
`Claim 3.
` How does the specification of the '742 patent
`disclose the methods of Claim 3 of the '742 patent?
` MS. CIPRIANO: Objection to form.
` THE WITNESS: I would say that it's done
` in an analogous way to what I responded to
` Claim 1.
`
`17
`
`BY MR. HASFORD:
` Q. The claims of the '742 patent are directed to
`methods of reducing redness, correct?
` A. Yes.
` MR. HASFORD: Let's bring up now Exhibit
` 1001, IPR 2022-00146, which is U.S. Patent
` No. 9,259,425 or the '425 patent.
`BY MR. HASFORD:
` Q. Once again, Doctor, whatever is easiest for
`you. If you want to look at it on your screen or in
`hard copy is fine with me.
` A. I'm looking at it on my hard copy.
` Q. Okay. That's fine. Just let me know when
`you're ready.
` A. I'm ready.
` Q. In connection with your opinions in these IPR
`proceedings, did you review all of the claims of the
`'425 patent?
` A. Yes.
` Q. In connection with your opinions in these IPR
`proceedings, did you review the entire specification
`of the '425 patent?
` A. Yes.
` Q. In connection with your opinions in these IPR
`proceedings, did you review the entire file history
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`Eye Therapies Exhibit 2198, 5 of 36
`Slayback v. Eye Therapies - IPR2022-00142
`
`

`

`Laskar, Paul
`
`CASE IPR2022-00142
`
`18
`
`of the '425 patent?
` A. I did not read every word of the file
`history, no.
` Q. Turn, if you would, now to the last page of
`the '425 patent. Turn to page 19 of the PDF, and
`let me direct your attention to Claim 1, which is
`there in Column 10.
` A. I see it.
` Q. Based on the specification of the '425
`patent, how would a person of ordinary skill in the
`art carry out the method of Claim 1 of the '425
`patent?
` MS. CIPRIANO: Objection to form.
` THE WITNESS: They -- it would be
` carried out by means of applying
` concentrations of brimonidine to a subject
` who desires or needs to have the whiteness of
` their eye increased.
`BY MR. HASFORD:
` Q. Take a look, if you would, at Claim 3 of the
`'425 patent.
` A. Um-mm.
` Q. Based on the specification of the '425
`patent, how would a person of ordinary skill in the
`art carry out the method of Claim 3 of the '425
`
`19
`
`patent?
` MS. CIPRIANO: Objection to form.
` THE WITNESS: They would conduct that in
` the same fashion, with the exception that the
` goal is to reduce redness in the eye as
` opposed to increasing whiteness, as stated in
` Claim 1.
`BY MR. HASFORD:
` Q. How does the specification of the '425 patent
`disclose the method of Claim 3 of the '425 patent?
` MS. CIPRIANO: Objection. Foundation.
` Objection. Form.
` THE WITNESS: I'm not sure I understand
` the question. Can you clarify that for me?
`BY MR. HASFORD:
` Q. Sure. Maybe I can help you.
` With respect to the '742 patent, you spoke to
`the figures, the examples.
` Do you remember that?
` A. I do.
` MS. CIPRIANO: Objection. Form.
`BY MR. HASFORD:
` Q. So going back, then, to Claim 3 of the '425
`patent, I'll ask it again.
` How does the specification of the '425 patent
`
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`August 4, 2022
`6 (Pages 18 to 21)
`20
`disclose the method of Claim 3 of the '425 patent?
` MS. CIPRIANO: Objection. Foundation.
` Form.
` THE WITNESS: The specification only
` describes the use of brimonidine. It does
` not describe the use of any of the other
` drugs that are listed in Claim 3.
` And so, therefore, the specification --
` the specification does what I stated
` previously for -- or concerning Claim 3, with
` the restriction, if you will, that only
` brimonidine is used.
`BY MR. HASFORD:
` Q. Are you aware that the Petitioner in these
`IPR proceedings has submitted declarations of
`Dr. Neal Sher?
` A. Yes.
` Q. Do you have any basis to disagree with any of
`Dr. Sher's opinions as they relate to the subject
`matter of the '742 and '425 patents?
` MS. CIPRIANO: Objection to form.
` THE WITNESS: No, not that I'm -- not
` that I can recall from having reviewed the
` declaration.
`///
`
`21
`
`BY MR. HASFORD:
` Q. Sitting here today, you have no basis to
`disagree with any of Dr. Sher's opinions as they
`relate to the subject matters of the '742 and '425
`patent; is that correct?
` MS. CIPRIANO: Objection to form.
` THE WITNESS: Yes, that's correct.
`BY MR. HASFORD:
` Q. You are not a medical doctor, correct?
` A. That is correct.
` Q. You do not have any experience with Lasik
`surgery, correct?
` A. That is correct.
` Q. You have never examined patients for ocular
`conditions, correct?
` A. That's correct.
` Q. You have never examined patients for rebound
`hyperemia, correct?
` A. I'm sorry. Say that -- would you repeat
`that?
` Q. Certainly. I'll repeat it.
` You have never examined patients for rebound
`hyperemia, correct?
` A. No, I have not.
` Q. You have never studied tachyphylaxis in
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`Eye Therapies Exhibit 2198, 6 of 36
`Slayback v. Eye Therapies - IPR2022-00142
`
`

`

`Laskar, Paul
`
`CASE IPR2022-00142
`
`August 4, 2022
`7 (Pages 22 to 25)
`24
`
`22
`
`patients with ocular conditions, correct?
` A. I have not studied it in any detail, that's
`correct.
` Q. Turn, if you would, to the curriculum vitae
`at the end of your declaration. You can use either
`one. If you want to use your declaration of the
`'742 patent, I believe it starts at page 39.
` A. I have it.
` Q. Your curriculum vitae is Exhibit A to your
`declarations in these proceedings, correct?
` A. Yes, that's correct.
` Q. Let's start at the last page of your
`curriculum vitae. It's actually the second to the
`last page and it spills over to the last page, but
`let me direct your attention to the subheading
`"Other."
` A. Yeah. Okay. I have it.
` Q. You state in your curriculum vitae that you
`are a Registered Pharmacist, but that you are
`inactive, correct?
` A. That's correct.
` Q. When did you last dispense a drug to a
`patient?
` A. In the late '70s.
` Q. You have never dispensed any brimonidine
`
`23
`
`products to a patient, correct?
` A. That is correct.
` Q. Look now, if you would, at the subheading
`"Patents" in your curriculum vitae.
` A. Um-mm.
` Q. You are a named inventor on only one issued
`patent, correct?
` A. I believe so.
` Q. Your only issued patent is directed to "Salts
`& Crystal Forms of GABAA, positive Allosteric
`Modulator," correct?
` A. Yes.
` Q. The '742 and '425 patents at issue in this
`proceeding are not related to salts or crystal forms
`of GABAA, correct?
` A. That is correct.
` Q. Let's now discuss here your three patent
`applications.
` Two of your three patent applications are PCT
`applications, correct?
` A. Yes.
` Q. If I refer to them as your '796 PCT
`application and your '501 PCT application, will you
`understand what I mean?
` A. I will.
`
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` Q. Your '796 PCT application is directed to a
`method and composition for treating acne, correct?
` A. That's correct.
` Q. The '742 and '425 patents at issue in this
`proceeding not related to methods of treating acne,
`correct?
` A. That's correct.
` Q. Your '501 PCT application is directed to
`stable peptide compositions, correct?
` A. That's correct.
` Q. The '742 and the '425 patents at issue in
`this proceeding are not related to stable peptide
`compositions, correct?
` A. That's correct.
` Q. Your one and only U.S. Patent Application is
`directed to quinolone compositions, correct.
` MS. CIPRIANO: Objection to form.
` THE WITNESS: Correct.
`BY MR. HASFORD:
` Q. Is that correct, Doctor?
` A. Correct.
` Q. The '742 and '425 patents at issue in this
`proceeding are not related to quinolone
`compositions, correct?
` A. That's correct.
`
`25
`
` Q. Let me direct your attention now to the
`subheading "Publication."
` According to your curriculum vitae, you have
`authored a total of eight publications, correct?
` Take your time and look and let me know.
` A. That's correct.
` Q. Your last publication issued in 1993,
`correct?
` A. Correct.
` Q. Your last publication, which issued in 1993,
`dealt with Evaluation of Sunscreen Products,
`correct?
` A. Correct.
` Q. The '742 and '425 patents at issue in this
`proceeding are not related to sunscreen products,
`correct?
` A. That's correct.
` Q. You have published only one journal article
`since 1977, correct?
` A. No. Well, the journal article in 1993
`would -- is a journal article as well.
` Q. Correct. That was my question. Since 1997,
`you have published only one journal article,
`correct?
` MS. CIPRIANO: Objection to form.
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`Eye Therapies Exhibit 2198, 7 of 36
`Slayback v. Eye Therapies - IPR2022-00142
`
`

`

`Laskar, Paul
`
`CASE IPR2022-00142
`
`August 4, 2022
`8 (Pages 26 to 29)
`28
`
`26
`
` THE WITNESS: No. It would be 1993.
` Not 1997.
`BY MR. HASFORD:
` Q. How about this? It looks like your last
`journal article published in 1993, and then your
`second to last one published in 1977, correct?
` A. Yes, that's correct.
` Q. Okay. So I probably misspoke when I asked
`the question. So let me just try that again.
` You have published one journal article since
`1977, correct?
` A. Where I am the primary author, that would be
`correct.
` Q. Take a look now, if you would, at the
`subheading "Presentations" in your curriculum vitae.
` A. Um-mm. I have it.
` Q. According to your curriculum vitae, you have
`given a total of four presentations, correct?
` A. Correct.
` Q. According to your curriculum vitae, your last
`presentation was in 1992, correct?
` A. Correct.
` Q. Your last presentation was on a "Comparison
`of Release Kinetics of Indomethacin from Gelucire
`Dispersions," correct?
`
`27
`
` A. Correct.
` Q. And the '742 and '425 patents at issue in
`this proceeding are not related to release kinetics
`of Indomethacin, correct?
` A. That is correct.
` Q. Take a look now, if you would, at the
`remainder of your curriculum vitae.
` You have never held a faculty position beyond
`associate professor, correct?
` A. That's correct.
` Q. The last year you held a faculty position was
`1982, correct?
` A. I'm sorry. Repeat that?
` Q. Certainly.
` The last year you held a faculty position was
`1982, correct?
` A. Your voice is garbling.
` Q. The last year you held a faculty position was
`1982, correct?
` A. Full-time faculty, and I -- I've served as an
`adjunct faculty at the University of Cincinnati in
`the 1990s.
` Q. Thank you for clarifying that. So let me ask
`the question slightly in a different way.
` The last year in which you held a full-time
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`faculty position was 1982, correct?
` A. That is correct.
` Q. You do not practice medicine, correct?
` A. No, I do not. I have not and do not.
` Q. You have never treated redness of the eye,
`correct?
` A. Except for self-treatment.
` Q. You have never dispensed any brimonidine
`product to a patient, correct?
` A. That is correct.
` Q. You have never dispensed to a patient any
`ophthalmic products containing brimonidine, correct?
` A. Your voice faded away at the end. I didn't
`hear the last part of your question.
` Q. Tell you what. We may need to go off the
`record and check the microphone in here then because
`I want to make sure that you're hearing my questions
`correctly, so let's --
` A. It almost seemed like your voice seemed to
`decline, like some people do when they're --
` Q. Okay. Well, I'll tell you what. I'll try to
`speak up a little more. It may be -- we'll see if
`this works.
` You have never dispensed to a patient any
`ophthalmic products containing brimonidine, correct?
`
`29
`
` A. That's correct.
` Q. You've provided opinions in these IPR
`proceedings on brimonidine products, yet you have
`never conducted research on any brimonidine
`products, correct?
` MS. CIPRIANO: Objection to form.
` THE WITNESS: I've not been involved in
` personal research on brimonidine, that's
` correct.
`BY MR. HASFORD:
` Q. Aside from your work in this case, you have
`never consulted for any party regarding any
`brimonidine products, correct?
` MS. CIPRIANO: Objection to form.
` THE WITNESS: No, that's not correct.
`BY MR. HASFORD:
` Q. You do not have any formulation experience
`with brimonidine, correct?
` A. I do not have hands-on formulation experience
`with brimonidine.
` Q. You do not have any formulation experience
`with alpha-2 adrenergic agonists, correct?
` A. That is correct.
` Q. And you've provided opinions in these IPR
`proceedings on naphazoline formulations, yet you
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`Eye Therapies Exhibit 2198, 8 of 36
`Slayback v. Eye Therapies - IPR2022-00142
`
`

`

`Laskar, Paul
`
`CASE IPR2022-00142
`
`August 4, 2022
`9 (Pages 30 to 33)
`32
`
`30
`have never formulated any naphazoline products,
`correct?
` MS. CIPRIANO: Objection. Form.
` THE WITNESS: That's correct.
`BY MR. HASFORD:
` Q. You have provided opinions in these IPR
`proceedings on tetrahydrozoline formulations, yet
`you have never formulated any tetrahydrozoline
`products, correct?
` MS. CIPRIANO: Objection to form.
` THE WITNESS: That is correct.
`BY MR. HASFORD:
` Q. You have never formulated any clonidine
`products, correct?
` A. That's correct.
` Q. You have never formulated any apraclonidine
`products, correct?
` A. That is correct.
` Q. You've never formulated any oxymetazoline
`products, correct?
` A. That's correct.
` Q. You have never conducted scientific research
`on any formulation containing brimonidine, correct?
` MS. CIPRIANO: Objection to form.
` THE WITNESS: Can you define "scientific
`
`31
`
` research" for me, please, in this context?
`BY MR. HASFORD:
` Q. Let me ask it slightly differently.
` You have never conducted any bench scientific
`research on any formulation of brimonidine, correct?
` A. That's correct.
` Q. You have never formulated any marketed
`ophthalmic product to reduce eye redness, correct?
` MS. CIPRIANO: Objection to form.
` THE WITNESS: That is correct.
`BY MR. HASFORD:
` Q. You are not an expert in chemistry, correct?
` A. Can you be more precise in your definition --
`in your question of chemistry?
` Q. You are not holding yourself out in these
`proceedings as an expert in chemistry, correct?
` A. Again, what area of chemistry are you -- to
`what area of chemistry are you referring?
` Q. You are not an expert in medicinal chemistry,
`correct?
` A. I'm not an expert in synthetic medicinal
`chemistry, that's correct.
` Q. You are not holding yourself out in these
`proceedings as an expert in medicinal chemistry,
`correct?
`
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` A. As I said, I am not a holding myself out as
`an expert in synthetic medicinal chemistry. That's
`correct.
` Q. You have never held yourself out to the
`public as an expert in medicinal or organic
`chemistry, correct?
` A. I've not held myself out as an expert in
`organic medicinal chemistry, correct.
` Q. Medicinal or organic chemistry, correct?
` A. As I defined medicinal chemistry previously,
`and I have not held myself out as an expert in
`organic chemistry.
` Q. You have never been qualified by any Court or
`by the Patent Office as an expert in chemistry,
`correct?
` MS. CIPRIANO: Objection. Foundation.
` THE WITNESS: I have -- I'm not sure
` what that entails, what that means, but no, I
` have not been certified by the Patent Office,
` that's correct.
`BY MR. HASFORD:
` Q. You have never published anything in the
`Journal of the American Chemical Society, correct?
` A. That is correct.
` Q. You are not an FDA regulatory expert,
`
`33
`
`correct?
` A. I don't hold myself out as an FDA regulatory
`expert.
` Q. You have never consulted for the FDA,
`correct?
` A. I have not -- no, I have not consulted with
`the FDA.
` Q. You are not an expert in patent law, correct?
` A. No, I am not an expert in patent law.
` Q. Do you recall testifying in previous cases in
`which Dr. Clayton Heathcock testified as an expert
`in the field of chemistry?
` A. I'm sorry. Can you repeat the name?
` Q. Yeah. Sure.
` Do you recall testifying in previous cases in
`which Dr. Clayton Heathcock, H-E-A-T-H-C-O-C-K,
`testified as an expert in the field of chemistry?
` A. No, I do not.
` Q. I might be able to refresh your recollection.
` MR. HASFORD: Let's bring up the
` tra