throbber
3/14/2024
`
`PUBLIC VERSION
`Mylan Pharmaceuticals Inc. v. Novo Nordisk A/S
`Protective Order Material
`
`Dr. Anne Flint
`
`Page 1
`
` UNITED STATES PATENT AND TRADEMARK OFFICE
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________________
`MYLAN PHARMACEUTICALS
` )
`INC.,
` )
` Petitioner, )Case No. IPR2023-00724
` )Patent No. 10,335,462
`vs.
` )
`NOVO NORDISK A/S,
` Patent Owner. )
`__________________________)
`
` ***
` Protective Order Material
` Default Protective Order of the Patent Trial and
` Appeal Board
` ***
`
` DEPOSITION OF DR. ANNE FLINT
` Thursday, March 14, 2024
` 10:14 a.m. to 1:21 p.m. GMT
`
` Reported by: Ana Maria Gallegos
` RPR, CA CSR No. 9246, NM CSR No. 190
`
`______________________________________________________
` DIGITAL EVIDENCE GROUP
` 1730 M Street, NW, Suite 812
` Washington, D.C. 20036
`(202) 232-0646
`
`www.DigitalEvidenceGroup.com Digital Evidence Group C'rt 2024
`
`202-232-0646
`
`PROTECTIVE ORDER MATERIAL
`
`MPI EXHIBIT 1311 PAGE 1
`
`

`

`3/14/2024
`
`Mylan Pharmaceuticals Inc. v. Novo Nordisk A/S
`Protective Order Material
`
`Dr. Anne Flint
`
`Page 2
` DEPOSITION OF ANNE FLINT, taken on
`behalf of the Petitioner, at Myo New Street Square,
`3 New Street Square, London EC4A 3BF, on Thursday,
`14th day of March, 2024, from 10:14 a.m. to
`1:21 p.m. GMT, before ANA MARIA GALLEGOS, RPR, CLR,
`CA CCR 9246, NM CSR 190.
`
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`
`202-232-0646
`
`PROTECTIVE ORDER MATERIAL
`
`MPI EXHIBIT 1311 PAGE 2
`
`

`

`3/14/2024
`
`Mylan Pharmaceuticals Inc. v. Novo Nordisk A/S
`Protective Order Material
`
`Dr. Anne Flint
`
`Page 3
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` A P P E A R A N C E S
`
` For the Patent Owner:
` GROOMBRIDGE, WU, BAUGHMAN & STONE LLP
` By: Jenny Wu, Esq.
` By: Joshua Reich, Esq.
` 565 Fifth Avenue, Suite 2900
` New York, New York 10017
` 1.332.269.0030
` jenny.wu@groombridgewu.com
` joshua.reich@groombridgewu.com
` --and--
` Chloe Jiang, Novo Nordisk
` For the Petitioner:
` PERKINS COIE LLP
` By: David L. Anstaett, Esq.
` By: Aaron Schindler, Esq.
` 33 East Main Street, Suite 201
` Madison, Wisconsin 53703
` 1.608.663.7460
` danstaett@perkinscoie.com
` aschindler@perkinscoie.com
` --and--
` PERKINS COIE LLP
` By: Brandon M. White, Esq.
` 700 13th Street, NW, Suite 800
` Washington, DC 20005
` 1.202.654.6200
` bmwhite@perkinscoie.com
`
`www.DigitalEvidenceGroup.com Digital Evidence Group C'rt 2024
`
`202-232-0646
`
`PROTECTIVE ORDER MATERIAL
`
`MPI EXHIBIT 1311 PAGE 3
`
`

`

`3/14/2024
`
`Mylan Pharmaceuticals Inc. v. Novo Nordisk A/S
`Protective Order Material
`
`Dr. Anne Flint
`
`Page 4
`
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` I N D E X
` EXAMINATION PAGE
` BY MR. ANSTAETT 7
`
` E X H I B I T S
` Exhibit No. Description Page
` Flint Exhibit 1 Petitioner's Notice of 8
` Deposition of Anne Flint
` Flint Exhibit 2 Declaration of Anne Flint 16
` Ph.D.
` Flint Exhibit 3 E-Mail Dated
` Bates Number
` NN-OZEM-004449575
`
` Flint Exhibit 4
` Bates Number
`
` NN-OZEM-004442611 Through
` NN-OZEM-004442613
` Flint Exhibit 5 E-Mail Chain. Bates 59
` Number NN-OZEM-004442953
` Through NN-OZEM-004442954
` Flint Exhibit 6 Cover Page and E-Mail 63
` Dated
`. Bates
` Numbers NN-OZEM-004442969
`
` 37
`
`www.DigitalEvidenceGroup.com Digital Evidence Group C'rt 2024
`
`202-232-0646
`
`PROTECTIVE ORDER MATERIAL
`
`MPI EXHIBIT 1311 PAGE 4
`
`

`

`3/14/2024
`
`Mylan Pharmaceuticals Inc. v. Novo Nordisk A/S
`Protective Order Material
`
`Dr. Anne Flint
`
`Page 5
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` E X H I B I T S CON'T
` Exhibit No. Description Page
` Flint Exhibit 7 Cover Pages and Native 67
` Document Titled
` Semaglutide Dose Selection
` for Phase 3 Feasibility of
`
`. No
` Bates Numbers
` Flint Exhibit 8 Cover Page and Meeting 85
` Minutes from
` and Related Attachments.
` Bates Numbers
` NN-OZEM-004338845 Through
` NN-OZEM-004338860
` Flint Exhibit 9 Cover Page and E-Mail 90
` Chain. Bates Numbers
` NN-OZEM-004434628 Through
` NN-OZEM-004434629
` Flint Cover Page and Documents 94
` Exhibit 10
` Bates
`
` Numbers NN-OZEM-004434630
` Through NN-OZEM-004434715
`
`www.DigitalEvidenceGroup.com Digital Evidence Group C'rt 2024
`
`202-232-0646
`
`PROTECTIVE ORDER MATERIAL
`
`MPI EXHIBIT 1311 PAGE 5
`
`

`

`3/14/2024
`
`Mylan Pharmaceuticals Inc. v. Novo Nordisk A/S
`Protective Order Material
`
`Dr. Anne Flint
`
`Page 6
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` E X H I B I T S CON'T
` Exhibit No. Description Page
` Flint Cover Page and Documents 96
` Exhibit 11 Regarding
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` Bates
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` Numbers NN-OZEM-000064989
` Through NN-OZEM-000065426
` Exhibit 12 Cover Page and Native 100
` Document Regarding
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` No Bates Numbers
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`www.DigitalEvidenceGroup.com Digital Evidence Group C'rt 2024
`
`202-232-0646
`
`PROTECTIVE ORDER MATERIAL
`
`MPI EXHIBIT 1311 PAGE 6
`
`

`

`3/14/2024
`
`Mylan Pharmaceuticals Inc. v. Novo Nordisk A/S
`Protective Order Material
`
`Dr. Anne Flint
`
`Page 7
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`
` ANNE FLINT
` after having been first duly sworn under oath,
` was questioned and testified as follows:
` EXAMINATION
` BY MR. ANSTAETT:
` Q. Good morning, Doctor. Can I ask you to
` please state your name for the record?
` A. Anne Flint.
` Q. And have you ever had your deposition
` taken before?
` A. No.
` Q. Okay. I'll just go over the kind of
` ground rules quickly.
` I'll do my best to ask clear questions
` today but I'm sure there will be times when I don't
` do that. So if you don't understand a question,
` please let me know.
` And one thing you'll have to do today,
` it's natural to nod or shake your head but you'll
` just need to give verbal answers to all the
` questions.
` A. Sure.
`
`www.DigitalEvidenceGroup.com Digital Evidence Group C'rt 2024
`
`202-232-0646
`
`PROTECTIVE ORDER MATERIAL
`
`MPI EXHIBIT 1311 PAGE 7
`
`

`

`3/14/2024
`
`Mylan Pharmaceuticals Inc. v. Novo Nordisk A/S
`Protective Order Material
`
`Dr. Anne Flint
`
`Page 8
` Q. We'll try not to talk over each other and
` that will make the reporter's life easier.
` Your counsel may object from time to time,
` which she's perfectly entitled to do. But unless
` she instructs you not to answer the question, then
` you're to answer the question. Is that okay?
` A. Uh-huh, yes.
` Q. And we can take breaks whenever you'd
` like. So if you'd like a break, let me know.
` A. So it's me asking for the breaks?
` Q. Yes. We may as well but certainly if you
` need a break, you just let us know and we'll do
` that.
` A. Sure.
` Q. Okay. I'm going to mark this as
` Exhibit 1.
` (Flint Exhibit 1 is received and
` marked for identification and is
` attached hereto.)
` BY MR. ANSTAETT:
` Q. The court reporter has handed you what
` we've marked as Flint Deposition Exhibit 1.
`
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`
`202-232-0646
`
`PROTECTIVE ORDER MATERIAL
`
`MPI EXHIBIT 1311 PAGE 8
`
`

`

`3/14/2024
`
`Mylan Pharmaceuticals Inc. v. Novo Nordisk A/S
`Protective Order Material
`
`Dr. Anne Flint
`
`Page 9
` Do you understand that you're here today
` to provide sworn testimony in a proceeding that is
` taking place in the United States Patent Office?
` A. Yes.
` Q. Okay.
` MS. WU: Counsel, sorry to interrupt.
` Will there be a copy?
` MR. ANSTAETT: Yes. Sorry.
` MS. WU: Yeah, sure. Thank you.
` BY MR. ANSTAETT:
` Q. You can set that aside. I just had to
` mark that for the record. You are welcome to look
` at it if you'd like, but I don't have any more
` questions for you on that.
` A. I haven't seen this document before.
` Q. Sure.
` A. That's fine.
` Q. Could you describe your educational
` background for me?
` A. Yes. I am educated in human physiology,
` exercise physiology, and made a Ph.D. within
` appetite regulation, human nutrition, with specific
`
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`
`202-232-0646
`
`PROTECTIVE ORDER MATERIAL
`
`MPI EXHIBIT 1311 PAGE 9
`
`

`

`3/14/2024
`
`Mylan Pharmaceuticals Inc. v. Novo Nordisk A/S
`Protective Order Material
`
`Dr. Anne Flint
`
`Page 10
` focus on gastrointestinal hormones and appetite
` regulation in general.
` Q. You said "appetite regulation"?
` A. Yes.
` Q. When did you get your Ph.D.?
` A. In 1999.
` Q. Okay. Are you the named inventor on any
` patents?
` A. No.
` Q. Who is your current employer?
` A. Novo Nordisk.
` Q. And what is your current position at Novo
` Nordisk?
` A. I am the Senior Clinical Pharmacology
` Scientific Director. It's a very long title.
` Q. It's a mouthful.
` What are your responsibilities as the
` Senior Clinical Pharmacology Scientific Director?
` A. I am within the therapeutic area of
` obesity and NASH, or MASH, or whatever we call that
` nowadays. And I will be involved in different
` projects/programs within these areas, and typically
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`
`202-232-0646
`
`PROTECTIVE ORDER MATERIAL
`
`MPI EXHIBIT 1311 PAGE 10
`
`

`

`3/14/2024
`
`Mylan Pharmaceuticals Inc. v. Novo Nordisk A/S
`Protective Order Material
`
`Dr. Anne Flint
`
`Page 11
` lead a couple of clinical pharmacology scientists
` within those programs.
` Q. Okay. When was it that you first joined
` Novo Nordisk?
` A. 2005.
` Q. Okay. And what was your position when you
` joined in 2005?
` A. I was a clinical pharmacology scientist.
` Q. And when you first joined in 2005 as a
` clinical pharmacologist, what projects were you
` working on?
` A. I was working on the liraglutide project
` within diabetes, so what was to become Victoza.
` Q. Okay. And did you -- strike that.
` What positions did you hold at Novo
` Nordisk in the period from 2009 to 2012?
` A. In 2009, I was still engaged with Victoza
` to a certain point with the submission and approval
` processes, and then I was transitioning to the
` Semaglutide project.
` Q. And when did you transition to the
` Semaglutide project?
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`
`202-232-0646
`
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`
`MPI EXHIBIT 1311 PAGE 11
`
`

`

`3/14/2024
`
`Mylan Pharmaceuticals Inc. v. Novo Nordisk A/S
`Protective Order Material
`
`Dr. Anne Flint
`
`Page 12
` A. I must be honest and say I don't recall
` the exact date because it was kind of -- you can
` say I had some obligations still with the old
` project so it was a gradual transition to
` Semaglutide. But early 2010.
` Q. Okay. And so you were involved with
` Victoza in 2009 and you transitioned to the
` Semaglutide project in early 2010. What were you
` doing between 2010 and, say, the end of 2012?
` A.
`
`
`
`
`
`
`
`
` Q. Okay. When you joined Novo Nordisk in
` 2005, how familiar were you with GLP-1 receptor
` agonists?
` A. Since I had made my Ph.D. on a GLP-1
`
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`
`202-232-0646
`
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`
`MPI EXHIBIT 1311 PAGE 12
`
`

`

`3/14/2024
`
`Mylan Pharmaceuticals Inc. v. Novo Nordisk A/S
`Protective Order Material
`
`Dr. Anne Flint
`
`Page 13
` receptor, it is not agonist but GLP-1, native GLP-1
` and appetite regulation. I was relatively familiar
` with that area.
` Q. Okay. And am I right that as early as
` 1998, you had published scientific articles about
` the food intake inhibiting effects of GLP-1 in
` clinical applications?
` A. I would not say in clinical applications,
` but it was applied to humans and not only animals,
` if that is what you are asking.
` Q. Okay.
` A. Yes.
` Q. Okay. When did you first become aware of
` Semaglutide?
` A. I don't recall the exact date but it was
` in development from -- I mean, I don't recall the
` exact...
` But it has probably been 2006, '07-ish.
` That kind of time.
` Q. Okay. It was after you arrived at Novo
` Nordisk; is that fair to say?
` A. I think so, yes.
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`www.DigitalEvidenceGroup.com Digital Evidence Group C'rt 2024
`
`202-232-0646
`
`PROTECTIVE ORDER MATERIAL
`
`MPI EXHIBIT 1311 PAGE 13
`
`

`

`3/14/2024
`
`Mylan Pharmaceuticals Inc. v. Novo Nordisk A/S
`Protective Order Material
`
`Dr. Anne Flint
`
`
`
`
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`.
`
`Page 14
` Q. Okay. And the first time that you worked
` on the
`
`
`
`
`
` Q. Okay.
` A. Yeah.
` Q. What did you do to prepare for your
` deposition today?
` A. I read through the different documents,
` and discussing with these.
` MS. WU: And I will caution the witness
` not to provide any of the substance of the
` communications as it will be privileged.
` BY MR. ANSTAETT:
` Q. Can you tell me who you met with to
` prepare for your deposition?
` A. I met with Chloe, with Josh, and with
` Jenny.
` Q. Okay. And how long did you meet to
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`www.DigitalEvidenceGroup.com Digital Evidence Group C'rt 2024
`
`202-232-0646
`
`PROTECTIVE ORDER MATERIAL
`
`MPI EXHIBIT 1311 PAGE 14
`
`

`

`3/14/2024
`
`Mylan Pharmaceuticals Inc. v. Novo Nordisk A/S
`Protective Order Material
`
`Dr. Anne Flint
`
`Page 15
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` prepare for your deposition?
` A. We had two Teams meetings of approximately
` half an hour to an hour, and then we prepared some
` stuff on-site yesterday here in London.
` Q. Okay. And you said you reviewed documents
` to prepare for your deposition today; is that
` right?
` A. That's right.
` MS. WU: I will caution the witness not to
` reveal any of the substance of the communications
` with lawyers.
` BY MR. ANSTAETT:
` Q. And you understand that the declaration
` you submitted in this proceeding cites to certain
` documents as exhibits, right?
` A. Yes.
` Q. Okay. Did you review any documents to
` prepare for your deposition today that are not
` cited as exhibits in your declaration?
` A. No, not in this year. But, of course, way
` back, I was doing a lot of documenting.
` Q. When you say "way back, I was doing a lot
`
`www.DigitalEvidenceGroup.com Digital Evidence Group C'rt 2024
`
`202-232-0646
`
`PROTECTIVE ORDER MATERIAL
`
`MPI EXHIBIT 1311 PAGE 15
`
`

`

`3/14/2024
`
`Mylan Pharmaceuticals Inc. v. Novo Nordisk A/S
`Protective Order Material
`
`Dr. Anne Flint
`
`Page 16
` of documenting," are you referring to when you
` prepared a declaration --
` A. No.
` Q. -- or are you talking about far in the
` past, when the documents were originally created?
` A. Yeah. During the time when I was working
` with the documents and with the project and with
` this trial, et cetera. Yes.
` Q. Okay. Okay. And I take it you know
` Christine Jensen?
` A. Yes.
` Q. And how long have you known her?
` A. Since 2009.
` Q. Okay. Did you know her before you worked
` at Novo Nordisk?
` A. No.
` Q. Okay. Let's mark your declaration as an
` exhibit.
` (Flint Exhibit 2 is received and
` marked for identification and is
` attached hereto.)
` BY MR. ANSTAETT:
`
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`
`202-232-0646
`
`PROTECTIVE ORDER MATERIAL
`
`MPI EXHIBIT 1311 PAGE 16
`
`

`

`3/14/2024
`
`Mylan Pharmaceuticals Inc. v. Novo Nordisk A/S
`Protective Order Material
`
`Dr. Anne Flint
`
`Page 17
` Q. And feel free to take a look at what we've
` marked as Exhibit 2. It's also been marked as
` Exhibit 2051 in the IPR. This is your declaration,
` is that correct, Dr. Flint?
` A. It looks so but I haven't looked through
` this whole document.
` Q. Take time.
` A. It looks very much like the one I
` received.
` Q. Okay. And if you need time today, if I
` give you an exhibit and you need time to look
` through it, just feel free to take as much time as
` you need.
` A. Yes.
` Q. You signed your declaration on
` January 17th, 2024; is that correct?
` A. I actually thought it was December '23,
` but maybe it was January '24. Yeah.
` Q. Okay. You can look at the last page. It
` said it was executed on January 17th, 2024. You
` think it may have been earlier than that?
` A. Well, I think actually maybe I had a
`
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`202-232-0646
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`
`MPI EXHIBIT 1311 PAGE 17
`
`

`

`3/14/2024
`
`Mylan Pharmaceuticals Inc. v. Novo Nordisk A/S
`Protective Order Material
`
`Dr. Anne Flint
`
`Page 18
` draft, reviewing the document a little bit earlier.
` Q. Okay. When were you first contacted about
` submitting a declaration in this proceeding?
` A. I believe it was November.
` Q. Of 2023?
` A. '23. Or December.
` Q. Okay. Who was it that contacted you about
` preparing a declaration?
` A. NNI, Novo Nordisk Incorporated US. The
` affiliate.
` Q. Okay. And how did you go about preparing
` your declaration?
` MS. WU: And I will caution the witness
` again not to reveal any substance of any
` communications with any lawyers.
` THE WITNESS: I was called up and we had a
` Teams meeting, speaking through different aspects
` of this and some of the documents that is attached
` to the exhibits in this declaration.
` BY MR. ANSTAETT:
` Q. Were you provided the documents that are
` attached as exhibits to your declaration?
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`
`202-232-0646
`
`PROTECTIVE ORDER MATERIAL
`
`MPI EXHIBIT 1311 PAGE 18
`
`

`

`3/14/2024
`
`Mylan Pharmaceuticals Inc. v. Novo Nordisk A/S
`Protective Order Material
`
`Dr. Anne Flint
`
`Page 19
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`19
`20
`21
`22
`
` A. No, not at that point.
` Q. How did you ultimately select the exhibits
` that were attached to your declaration?
` MS. WU: And again, caution, this is
` getting pretty close to the line of privilege. I
` will allow this question but I will caution the
` witness not to provide any substance of any
` communications with lawyers.
` THE WITNESS: So the storyline was put
` together and then the exhibits - I mean, being
` meaningful to this storyline - would be picked.
` BY MR. ANSTAETT:
` Q. Okay. Were the exhibits provided to you
` by your counsel?
` A. Most of them, yes.
` Q. Okay. The events you describe in your
` declaration took place about 12 to 14 years ago,
` correct?
` A. Yes.
` Q. And did you have difficulty recalling
` events that took place that long ago?
` MS. WU: Objection. Form.
`
`www.DigitalEvidenceGroup.com Digital Evidence Group C'rt 2024
`
`202-232-0646
`
`PROTECTIVE ORDER MATERIAL
`
`MPI EXHIBIT 1311 PAGE 19
`
`

`

`3/14/2024
`
`Mylan Pharmaceuticals Inc. v. Novo Nordisk A/S
`Protective Order Material
`
`Dr. Anne Flint
`
`Page 20
` THE WITNESS: I mean, it is a long time
` and, of course, you cannot remember all details of
` all e-mails and what have you, so...
` But in general, no.
` BY MR. ANSTAETT:
` Q. The documents that you reviewed, did they
` refresh your recollection about the events that are
` described in your declaration?
` MS. WU: Objection. Form.
` THE WITNESS: I mean, again, you don't
` recall all details. So, of course, when you're
` reading through documents from ten years ago, then
` you will, I mean, be remembering more, of course.
` ///
` BY MR. ANSTAETT:
` Q. And were there any documents that you
` reviewed in the course of reviewing your -- excuse
` me, in the course of preparing your declaration
` that you did not cite in your declaration?
` MS. WU: Objection. Form.
` THE WITNESS: Could you please repeat or
` clarify?
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
`www.DigitalEvidenceGroup.com Digital Evidence Group C'rt 2024
`
`202-232-0646
`
`PROTECTIVE ORDER MATERIAL
`
`MPI EXHIBIT 1311 PAGE 20
`
`

`

`3/14/2024
`
`Mylan Pharmaceuticals Inc. v. Novo Nordisk A/S
`Protective Order Material
`
`Dr. Anne Flint
`
`Page 21
`
`1
`2
`3
`4
`5
`6
`7
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`
` BY MR. ANSTAETT:
` Q. Sure. Sure. Were there any -- in
` preparing your declaration that is Exhibit 2, were
` there any documents that you reviewed that you did
` not ultimately cite in your declaration?
` MS. WU: Objection. Form.
` Again, I caution the witness not to reveal
` any communication -- the substance of any
` communications with lawyers.
` THE WITNESS: I am a little unclear on
` what documents you are aiming at, but if it's
` the -- no, I won't make any assumptions.
` BY MR. ANSTAETT:
` Q. What I'm trying to get at is, there are a
` number of documents that you cite in your
` declaration as exhibits. You're familiar with
` that, right?
` A. Yes.
` Q. Were there any documents that you reviewed
` that you did not cite as exhibits in your
` declaration, or was your kind of review limited to
` the documents that you cited?
`
`www.DigitalEvidenceGroup.com Digital Evidence Group C'rt 2024
`
`202-232-0646
`
`PROTECTIVE ORDER MATERIAL
`
`MPI EXHIBIT 1311 PAGE 21
`
`

`

`3/14/2024
`
`Mylan Pharmaceuticals Inc. v. Novo Nordisk A/S
`Protective Order Material
`
`Dr. Anne Flint
`
`Page 22
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
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`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
` A. It was limited to those documents.
` Q. Okay. Did you speak with Dr. Jensen about
` the content of your declaration?
` A. No.
` Q. Okay. And before signing your
` declaration, did you speak with Dr. Jensen about
` the events that you describe in your declaration?
` A. No.
` Q. And aside from Novo's lawyers, did you
` speak with anyone else about your declaration?
` A. No, not about the declaration. But I, of
` course, had to inform my manager that I was going
` away and what the purpose, and the overall purpose
` was, so yeah. But besides that, no.
` Q. Okay. So you didn't speak with anyone
` aside from Novo's lawyers about the substance of
` your declaration, I'll say; is that right?
` A. That is right.
` Q. Okay. Have you seen the declaration that
` Dr. Jensen submitted in this proceeding?
` A. No.
` Q. Okay. Okay. I'm going to ask you to look
`
`www.DigitalEvidenceGroup.com Digital Evidence Group C'rt 2024
`
`202-232-0646
`
`PROTECTIVE ORDER MATERIAL
`
`MPI EXHIBIT 1311 PAGE 22
`
`

`

`3/14/2024
`
`Mylan Pharmaceuticals Inc. v. Novo Nordisk A/S
`Protective Order Material
`
`Dr. Anne Flint
`
`Page 23
`
`1
`2
`3
`4
`5
`6
`7
`8
`
`11
`12
`13
`14
`15
`16
`17
`18
`19
`
` at your declaration. And there are paragraph
` numbers. And so if you could start by looking at
` paragraph 4.
` And if you just go ahead and read that
` paragraph to yourself and then I'll ask you a
` couple of questions about it.
` So you say in paragraph 4 that:
`
`
`
` Do you see that?
`" and not
` A. Yes. It says
` "specialist". But yes, that's basically it.
` Q.
`" Yes, yes, you're absolutely
` right.
` And can you describe for me precisely what
` your responsibilities were in the project as the
` lead clinical pharmacology scientist?
` A.
`
`
`
`
`
`
`www.DigitalEvidenceGroup.com Digital Evidence Group C'rt 2024
`
`202-232-0646
`
`PROTECTIVE ORDER MATERIAL
`
`MPI EXHIBIT 1311 PAGE 23
`
`

`

`3/14/2024
`
`Mylan Pharmaceuticals Inc. v. Novo Nordisk A/S
`Protective Order Material
`
`Dr. Anne Flint
`
`Page 24
`
`1
`
`4
`
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`
`20
`21
`22
`
`
`
`Q.
`
`
`
`Okay. And was Mr. Ohrner your supervisor
`Q.
` at that time?
`A.
`No, he was project vice president so you
` can't say he was supervisor, no.
` Q. Okay. Who was your supervisor?
`A.
`I don't believe I had any supervisor as
` such. I had a manager and we, of course, had a
` whole project team that was working together
` towards these goals.
` Q. Okay. Who was your manager?
`A.
`Nowadays?
`Q.
`No, I'm sorry, back
`
`There was actually a change right there.
`A.
` Either it was Jan Lynge, or Charlotte. I've
` forgotten her name, her last name.
`
`www.DigitalEvidenceGroup.com Digital Evidence Group C'rt 2024
`
`202-232-0646
`
`PROTECTIVE ORDER MATERIAL
`
`MPI EXHIBIT 1311 PAGE 24
`
`

`

`3/14/2024
`
`Mylan Pharmaceuticals Inc. v. Novo Nordisk A/S
`Protective Order Material
`
`Dr. Anne Flint
`
`Page 25
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
` Q. Okay.
` A. It will pop up. I will tell you later.
` Q. Will you spell Jan's last name, for the
` record?
` A. L-Y-N-G-E.
` Q. Okay. You're aware that Novo Nordisk had
` conducted a Phase II dose-finding study of
` Semaglutide in Type 2 diabetes before you joined
` the project; is that right?
` A. Yes.
` MS. WU: Objection. Scope.
` BY MR. ANSTAETT:
` Q. Okay. And that trial was known within
` Novo Nordisk as NN9535-1821; is that right?
` MS. WU: Objection. Scope.
` THE WITNESS: It is correct.
` BY MR. ANSTAETT:
` Q. And today if I refer to that trial as the
` 1821 trial, will you understand what I'm talking
` about?
` A. Yes.
` Q. Okay. Were you involved at all in
`
`www.DigitalEvidenceGroup.com Digital Evidence Group C'rt 2024
`
`202-232-0646
`
`PROTECTIVE ORDER MATERIAL
`
`MPI EXHIBIT 1311 PAGE 25
`
`

`

`3/14/2024
`
`Mylan Pharmaceuticals Inc. v. Novo Nordisk A/S
`Protective Order Material
`
`Dr. Anne Flint
`
`Page 26
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
` designing the 1821 trial?
` MS. WU: Objection. Scope.
` THE WITNESS: I was not.
` BY MR. ANSTAETT:
` Q. Okay. Did you have any involvement in the
` conduct of the 1821 trial?
` MS. WU: Objection. Scope.
` THE WITNESS: No.
` BY MR. ANSTAETT:
` Q. Okay. You're aware though, I assume, that
` the 1821 trial did not include a 1 mg dose once
` weekly of Semaglutide; is that right?
` MS. WU: Objection. Scope.
` THE WITNESS: I was aware, yes.
` BY MR. ANSTAETT:
` Q. And were you aware of the once-weekly
` Semaglutide doses that were included in the 1821
` trial?
` MS. WU: Objection. Scope.
` THE WITNESS: I believe I remember
` correctly, so I believe so. But if I was to spell
` out the different arms in the 1821, I'm not sure I
`
`www.DigitalEvidenceGroup.com Digital Evidence Group C'rt 2024
`
`202-232-0646
`
`PROTECTIVE ORDER MATERIAL
`
`MPI EXHIBIT 1311 PAGE 26
`
`

`

`3/14/2024
`
`Mylan Pharmaceuticals Inc. v. Novo Nordisk A/S
`Protective Order Material
`
`Dr. Anne Flint
`
`Page 27
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
` hit all the right ones.
` BY MR. ANSTAETT:
` Q. What is your recollection of the doses
` that were tested in that trial?
` MS. WU: Objection. Scope and form.
` THE WITNESS: I'm not sure that I had
` actually put down some wording around this exactly
` in the declaration.
` BY MR. ANSTAETT:
` Q. I understand. I'm just asking for your
` recollection of what doses were included in that
` trial.
` MS. WU: Objection. Scope.
` THE WITNESS: I -- it was a placebo, and
` it was a 0.0, 0.2, 0.4, 0.8. Two arms were 0.8 and
` one arm was 1.6, and two liraglutide arms.
` (Court reporter clarification.)
` THE WITNESS: And two arms with
` liraglutide, sorry. I am mumbling.
` BY MR. ANSTAETT:
` Q. Do you know why those doses were selected
` for inclusion in the 1821 trial?
`
`www.DigitalEvidenceGroup.com Digital Evidence Group C'rt 2024
`
`202-232-0646
`
`PROTECTIVE ORDER MATERIAL
`
`MPI EXHIBIT 1311 PAGE 27
`
`

`

`3/14/2024
`
`Mylan Pharmaceuticals Inc. v. Novo Nordisk A/S
`Protective Order Material
`
`Dr. Anne Flint
`
`Page 28
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`
`14
`15
`16
`
`20
`21
`
` MS. WU: Objection. Scope.
` THE WITNESS: I'm not sure that it's
` actually in the deposition again. So where is the
` relevance for this?
` BY MR. ANSTAETT:
` Q. Well, the relevance is, I think, for the
` lawyers to sort out. I'm just asking if you know
` or knew why those doses were selected for inclusion
` in the 1821 trial.
` MS. WU: The same objection.
` THE WITNESS: It was a regular
` dose-finding study.
`
` BY MR. ANSTAETT:
` Q. Okay. In paragraph 4 again of your
` declaration, you say that in
`
`
`
`
` A. That is correct.
` Q.
`
`
`www.DigitalEvidenceGroup.com Digital Evidence Group C'rt 2024
`
`202-232-0646
`
`PROTECTIVE ORDER MATERIAL
`
`MPI EXHIBIT 1311 PAGE 28
`
`

`

`3/14/2024
`
`Mylan Pharmaceuticals Inc. v. Novo Nordisk A/S
`Protective Order Material
`
`Dr. Anne Flint
`
`1
`2
`
`7
`8
`
`10
`11
`12
`13
`14
`
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`17
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`20
`21
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`Page 29
` A. Christine Jensen was the medical director
` for the project at that time.
`
`
`
`.
`
` Q. Do you know if there were others at Novo
` Nordisk in
`?
`
`. There was only Christine
` A. Not the
` Jensen as the medical director.
`,
` Q. Setting aside the
` do you know if there were others at Novo Nordisk in
`
`
` MS. WU: Objection. Form.
` THE WITNESS:
`
`
` BY MR. ANSTAETT:
` Q.
`
`
`?
`
`www.DigitalEvidenceGroup.com Digital Evidence Group C'rt 2024
`
`202-232-0646
`
`PROTECTIVE ORDER MATERIAL
`
`MPI EXHIBIT 1311 PAGE 29
`
`

`

`3/14/2024
`
`Mylan Pharmaceuticals Inc. v. Novo Nordisk A/S
`Protective Order Material
`
`Dr. Anne Flint
`
`Page 30
`
`
`
`--
`
` MS. WU: Objection. Form.
` THE WITNESS: Sorry. But for all,
`
`
`
`
`
` BY MR. ANSTAETT:
` Q. But you do acknowledge that there are
` other people at Novo Nordisk in that timeframe who
`
`e; do I have that right?
`
` A. Could you please repeat?
` Q. My understanding is you acknowledge that
` there
`
`
`
` MS. WU: Objection. Form.
`
`?
`
`4
`5
`
`9
`
`11
`12
`13
`14
`
`16
`17
`18
`
`22
`
`www.DigitalEvidenceGroup.com Digital Evidence Group C'rt 2024
`
`202-232-0646
`
`PROTECTIVE ORDER MATERIAL
`
`MPI EXHIBIT 1311 PAGE 30
`
`

`

`3/14/2024
`
`Mylan Pharmaceuticals Inc. v. Novo Nordisk A/S
`Protective Order Material
`
`Dr. Anne Flint
`
`.
`
`
`
`Page 31
` THE WITNESS: A little bit depending on
` what you -- what you're meaning with
` responsibility, because it was
`
`
`
`
` BY MR. ANSTAETT:
` Q. Were you persona

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