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` UNITED STATES DISTRICT COURT
` DISTRICT OF NEW JERSEY
`- - - - - - - - - - - - - - - - - - - - - - -x
`HELSINN HEALTHCARE S.A. and
`ROCHE PALO ALTO, LLC,
`
` Plaintiffs,
` v.
`
`DR. REDDY'S LABORATORIES, LTD. and
`DR. REDDY'S LABORATORIES, INC.,
` Defendants.
` - - - - - - - - - - - - - - - - - - - - - -x
`
` Videotaped deposition of WILLIAM MCGUIRE,
`M.D., was held at the Law Offices of SAUL EWING,
`LLP, One Riverfront Plaza, Newark, New York,
`commencing April 6, 2016, 9:06 a.m., on the above
`date, before Amanda McCredo, a Court Reporter and
`Notary Public in the State of New York.
`
` - - -
`
` MAGNA LEGAL SERVICES
` (866) 624-6221
` www.MagnaLS.com
`
`Helsinn Healthcare Exhibit 2016
`Dr. Reddy's Laboratories, Ltd., et al. v. Helsinn Healthcare S.A.
`Trial PGR2016-00007
`
`Page 1 of 10
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`

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`A P P E A R A N C E S:
`PAUL HASTINGS, LLP
` Attorneys for Plaintiffs
` 75 East 55th Street
` New York, New York 10022
`BY: JOSEPH M. O'MALLEY, ESQUIRE
` SABRINA MAWANI, ESQUIRE
`josephomalley@paulhastings.com
`sabrinamawani@paulhastings.com
`(212)318-6090
`
`LERNER DAVID LITTENBERG KRUMHOLZ & MENTLIK, LLP
` Attorneys for Defendants
` 600 South Avenue West
` Westfield, New Jersey 07090
`BY: TEDD W. VAN BUSKIRK, ESQUIRE
` MAEGAN A. FULLER, ESQUIRE
`tvanbuskirk@lernerdavid.com
`mfuller@lernerdavid.com
`(908)654-5000
`
`ALSO PRESENT:
`DEREK ROSE - videographer
`James Li - intern - Paul Hastings, LLP
`Charles M. Lizza - Saul Ewing, LLP
`
`1
` W. McGuire
`2
` THE VIDEOGRAPHER: Will the court reporter
`3
` please swear in the witness.
`4 W I L L I A M M C G U I R E, the witness herein,
`5
` after having been first duly sworn by a
`6
` Notary Public of the State of New York,
`7
` was examined and testified as follows:
`8
`EXAMINATION BY
`9 MR. O'MALLEY:
`10
` Q Good morning, Dr. McGuire.
`11
` A Good morning.
`12
` Q Have you been deposed before?
`13
` A I have.
`14
` Q So, you realize you've been sworn to tell
`15
` the truth today?
`16
` A I do.
`17
` Q Is there any reason you cannot provide
`18
` truthful testimony today?
`19
` A There is not.
`20
` Q I'll obviously be asking you a series of
`21
` questions today. If you don't understand my
`22
` question, please let me know, and I'll try and
`23
` work through it.
`24
` MR. O'MALLEY: I want to mark, as
`25
` McGuire 1, a copy of your expert report
`
`Page 3
`
`Page 5
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` THE VIDEOGRAPHER: We are now on the
` record. This begins Videotape Number 1, in the
` deposition of William McGuire, in the matter of
` Helsinn Healthcare S.A. and Roche Palo Alto,
` LLC versus Dr. Reddy's Laboratories, Ltd., et
` al. in the United States District Court for the
` District of New Jersey, civil action number
` 12-2867(MLC).
` Today is Wednesday, April 6, 2016, and the
` time is 9:06 a.m. This deposition is being
` taken at One Riverfront Plaza in Newark, New
` Jersey, at the request of Paul Hastings, LLP.
` The videographer is Derek Rose of Magna
` Legal Services, and the court reporter is
` Amanda McCredo of Magna Legal Services.
` Will counsel and all parties present state
` their appearances and whom they represent.
` MR. O'MALLEY: Joe O'Malley, Paul
` Hastings, representing plaintiff, Helsinn.
` MS. MAWANI: Sabrina Mawani of Paul
` Hastings, representing plaintiff, Helsinn.
` MR. VAN BUSKIRK: Tedd Van Buskirk of
` Lerner David, representing the Dr. Reddy's
` defendants.
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` W. McGuire
` submitted in this litigation, your first expert
` report.
` (Expert Report of William P.
` McGuire, M.D. was marked as
` Exhibit McGuire 1 for
` identification, as of this
` date.)
` MR. VAN BUSKIRK: Joe, do you have an
` extra copy for me, please?
` MR. O'MALLEY: (Handing.)
` MR. VAN BUSKIRK: Thank you.
` Q Do you recognize that document,
` Dr. McGuire?
` A I do.
` Q And is that a copy of an expert report
` that you signed December 31, 2015?
` A That's correct.
` Q Can you describe for me, generally, the
` process by which that expert report was prepared?
` A The basic report was prepared by the law
` firm after some discussions on -- a number of
` discussions over several days on the telephone,
` sent to me. I spent a significant amount of time
` correcting issues that I had with the original
`
`
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` W. McGuire
` draft of the report and sent it back. And I think
` that there were probably two, or perhaps three,
` drafts that went back and forth before the final
` report was provided and signed by me.
` Q Okay. Let me parse that a little bit.
` But first, let me back up.
` The report's executed at the last day of
` 2015. When were you first contacted by --
` presumably, Lerner David?
` A That is correct.
` Q -- to become engaged on this matter?
` A I actually can't tell you that date.
` Q Okay.
` A It was sometime probably in early 2015.
` The original contact was with an attorney, Michael
` Teschner, with whom I had done some work
` previously. But I can't give you the exact date
` that he contacted me by phone.
` Q When you say you did some work with
` Mr. Teschner previously, what kind of work was
` that?
` A It was related to a previous patent
` infringement case with an agent called Taxol, or
` paclitaxel.
`
`Page 7
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` W. McGuire
` Q In that prior case -- well, can you put
` your work in that prior case in some timeframe for
` me?
` A Many years ago. Probably in the -- in the
` '90s, at some point, but I can't give you anything
` more specific than that.
` Q Okay. And did you submit an expert report
` in connection with that engagement?
` A I don't remember submitting an expert
` report, but I did give a deposition. But I could
` be incorrect about that. It was a number of years
` ago. I'm an old man; memories fail.
` Q Sure. Did you testify at trial in
` connection with that Taxol engagement?
` A I did not.
` Q And do you recall what party that you
` offered testimony on behalf of in connection with
` that engagement?
` A That was one or more defendants in a
` litigation by the plaintiff, who was Bristol-Myers
` Squibb.
` Q But you believe you did not testify at
` trial in that case?
` A No, I'm certain I did not testify at
`
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` W. McGuire
` trial.
` Q And you provided testimony on behalf of
` one or more generic defendants?
` A That is correct.
` Q Do you recall, generally, the subject
` matter of your testimony?
` A The subject matter of the testimony was
` related to the agent Taxol, which was an
` antineoplastic agent that had been developed with
` funding from the National Cancer Institute.
` So, Bristol-Myers Squibb, to my memory,
` had been given an exclusivity in the U.S. to sell
` that drug, but had not been given a patent on the
` drug. It was -- there was prior art that did not
` allow them to patent the drug. And the action
` that was brought by Bristol-Myers Squibb against
` it, if I remember, I think there may have actually
` been five defendants, but I may be incorrect about
` that. Bristol had patented such things as the
` duration of the infusion, premedications that were
` used prior to the administration of the drug, and
` the dosage of the drug that was administered.
` Q BMS had an indication for cancer?
` A I was -- my testimony was mostly related
`Page 9
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` W. McGuire
` to its indication, which was its initial
` indication was for ovarian cancer.
` Q And that's an indication that you helped
` identify and develop, correct?
` A That is correct.
` Q In connection with this matter, you
` believe Mr. Teschner originally contacted you
` early in 2015; is that correct?
` A I think that is correct.
` Q Now --
` A It may have been as late as June of 2015,
` but it was sometime in, in 2015.
` Q Now, you testified that your basic report,
` as you put it, was prepared by the law firm after
` some telephone discussions, correct?
` A Yes.
` MR. VAN BUSKIRK: Objection.
` Q Do you recall how many telephone
` discussions you had prior to executing the report,
` McGuire Exhibit 1?
` A Fewer than ten, and more than three.
` That's about the closest I could come.
` Q Sure. And do you recall, approximately,
` in the aggregate, how much time those three to ten
`
`
`
`3 (Pages 6 to 9)3 (Pages 6 to 9)
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` telephone conversations took?
` A Probably five to six hours.
` Q Now, at some point in time, did Budd
` Larner give you some quantity of documents to
` consider in connection with this matter?
` A I've, to my knowledge, not spoken to Budd
` Larner.
` Q I'm sorry, I apologize. The firm
` representing Dr. Reddy's in this action is now --
` MR. VAN BUSKIRK: Lerner David.
` MR. O'MALLEY: I apologize, again.
` Q -- Lerner David.
` At some point, did Lerner David, or some
` attorney in Lerner David, give you some quantity
` of documents to consider in connection with this
` matter?
` A They did.
` Q And did you have those documents prior to
` those three to ten phone calls that you had in
` connection with preparing the draft of this
` report?
` A At some point, I did have documents. The
` original phone call was simply a -- I think,
` actually, there was an e-mail, initially, from
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` W. McGuire
` Mr. Teschner to me saying to give him a call. And
` we finally connected. And so, the initial phone
` call was really just for him to explain to me what
` the case at hand was.
` Q Uh-huh.
` A Did I feel like I could help out, and I
` said "yes." And there were a number of phone
` calls and documents that were provided initially
` by Mr. Teschner to me.
` Q Okay. And aside from the five to six
` hours spent on the phone calls prior to the first
` draft, did you spend some period of time on your
` own studying the documents provided to you?
` A I did.
` Q And approximately how much time did you
` spend reviewing those documents prior to the first
` draft?
` A A number of hours, but less than 24; more
` than 10.
` Q Now, you said the basic report was
` prepared by the law firm.
` MR. VAN BUSKIRK: Objection.
` Q So, at some point, they sent you a
` draft -- a first draft of the report, McGuire
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` Exhibit 1?
` A That's correct.
` Q And you then testified that you spent a
` significant amount of time correcting issues; is
` that correct?
` A That's correct.
` Q And how much time did you spend correcting
` issues on that first draft?
` A Probably eight hours, in that range,
` reading the document in a fair amount of detail
` and doing a redline strikeout type of analysis of
` the document.
` Q And after spending that eight hours or so
` correcting issues in the draft, preparing the
` redline, did you spend any more of your time on
` this matter in connection with this initial expert
` report prior to its execution on December 31,
` 2015?
` A I, I think there was maybe one additional
` time that I went over what was going to be the
` final document, and went over it rather quickly.
` Maybe made some minor corrections, and executed
` the document.
` Q And how much did you spend -- how much
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` W. McGuire
` time did you spend on that exercise?
` A Oh, that was less than an hour.
` Q Now, at the back of McGuire Exhibit 1 is
` an Exhibit 1, which has what appears to be your
` curriculum vitae.
` Do you see that?
` A I do.
` Q Do you know how current that curriculum
` vitae is? I didn't pick up a date on it.
` A If you'll give me a moment, I can tell you
` if it's -- well, I can assure you it's -- if this
` was the curriculum vitae that went in with that
` document, there have been additional publications
` that have occurred since that time. Probably
` three to five additional publications.
` Q So, you have a more current version of
` your curriculum vitae today?
` A I don't have it with me, no.
` Q I understand. But there exists a more
` current version?
` A Yes.
` MR. O'MALLEY: We would just request a
` copy of that, Counsel.
` MR. VAN BUSKIRK: We'll take that under
`
`
`
`4 (Pages 10 to 13)4 (Pages 10 to 13)
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` W. McGuire
` advisement. Shouldn't be a problem.
` Q Now, in addition to the additional
` publications you've added, are there any other
` changes to your curriculum vitae relative to the
` version attached to your expert report?
` A A recent award.
` Q And what award was that?
` A That was an award that was given to me in
` about the middle of March by the Society of
` Gynecologic Oncologists, The Innovation Award,
` which actually relates back -- it was an award
` that was, by my estimation, long overdue, which
` was an award for the development of Taxol and
` management of ovarian cancer, which is still part
` of the standard of care for the treatment of that
` cancer.
` Q Any other additions or changes to your
` curriculum vitae since the version that you
` attached to your expert report?
` A Probably I have been given some additional
` administrative responsibilities at Virginia
` Commonwealth University.
` Q And what are those?
` A Right now, I've been named as the chair of
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` W. McGuire
` a search committee to replace an associate
` director for clinical research. That's one I can
` think of.
` Q Okay.
` A But that's pretty much it.
` Q Okay. If you turn to page 4 of your CV.
` A Uh-huh, yes, sir.
` Q You see the -- it lists your current title
` as Professor of Medicine and Director of the
` Phase I Solid Tumor Program, the first one being
` in Virginia Commonwealth, the second one being at
` the Massey Cancer Center.
` Are those positions still your current
` positions?
` A That's correct.
` Q Okay. I want to talk about some of the
` positions you held in the time period that's
` relevant to the invention at issue, if we can. If
` you turn to page 3 of your CV, you held a position
` from July '97 to June 2003 as Clinical Professor
` of Medicine at University of Mississippi School of
` Medicine; is that correct?
` A That's correct.
` Q Now, I'm going to ask some questions in
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` W. McGuire
` detail about that position.
` Before I get there, if you go down a bit,
` about three items, there's a position that seems
` to overlap in time with the one we just mentioned,
` namely, the Director of the Cancer Center at the
` Franklin Square Medical Center from January '01 to
` August 2012.
` First of all, do you see that entry?
` A Yes, I do.
` Q And was that a position you held at the
` same time, or overlapping, with your position as
` the Clinical Professor of Medicine at the
` University of Mississippi School of Medicine?
` A Yes.
` Q How were you able to hold those two
` positions overlapping at the same time?
` A The clinical professor of medicine
` position at the University of Mississippi was
` really a position by -- in title alone. During
` that entire time, I actually made a single trip to
` Jackson, Mississippi, to give a grand rounds.
` And the reason for that position was, when
` I left my position as Professor of Medicine at
` Emory University, because I was very deeply
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` W. McGuire
` involved with a nationally sponsored group, the
` Gynecologic Oncology Group, which is funded by the
` National Cancer Institute to produce clinical
` trials in female pelvic cancer, I had to have an
` academic position in order to maintain my
` relationship with the Gynecologic Oncology Group.
` So, I was a person with a significant
` amount of responsibility in the Gynecologic
` Oncology Group, but without an academic title at
` that point. And so, I phoned my friend, Dr. Tate
` Thigpen, who was a personal friend and also an
` investigator with me at the University of
` Mississippi, and said I need some type of -- some
` type of administrative position in order to
` continue my work with the Gynecologic Oncology
` Group. And so, I was appointed as a Professor of
` Medicine. But I did not see patients; I did not
` live in Jackson, Mississippi. So, it was
` basically an administrative title.
` Q Okay. So you had no ongoing duties and
` responsibilities in connection with your position
` as Clinical Professor of Medicine at the
` University of Mississippi School of Medicine?
` A That's correct.
`
`
`
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` Q All right. Well, then, let's talk about
` your position as the Director of the Cancer Center
` in Baltimore.
` Based on what you've testified, I assume
` that's a nonacademic position?
` A That is a nonacademic position, that is
` correct.
` Q And can you describe what was the Cancer
` Center in that time, what did they do?
` A It was a community cancer center; fairly
` large community cancer center, fairly large
` community hospital, with six service lines. One
` of which was the cancer service line. And I took
` on that cancer service line in January of 2001,
` continued in that position for 11 -- I think 11
` and a half years. And -- but, while I was in that
` position, it was part of a hospital system which
` included Georgetown University Hospital. And so,
` I had a rank at Georgetown University, which was
` part of the MedStar healthcare system, which was,
` at that point in time, a seven-hospital system, of
` which Franklin Square was one of the larger -- the
` largest of the four hospitals in Baltimore.
` There was four hospitals in Baltimore and
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` three hospitals in the D.C. area, so my academic
` rank was really within the Georgetown University
` system, but I was -- the bulk of my responsibility
` was at a community hospital, which was part of
` that healthcare system.
` Q This was a for-profit hospital system?
` A It was a not-for-profit hospital.
` Q You said you had an academic rank within
` the Georgetown Hospital?
` A Right.
` Q What was that academic rank?
` A Clinical Professor of Medicine at the
` Lombardi Cancer Center at Georgetown University,
` which is listed there.
` I was able to give up the clinical
` professor of medicine position at the University
` of Mississippi as soon as I was given that rank at
` Georgetown.
` Q Okay. As the director of the Cancer
` Center in Franklin Square, what were your duties
` and responsibilities?
` A I was responsible for the entire cancer
` service line. So, I had clinical
` responsibilities, administrative responsibilities,
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` fiduciary responsibilities, and, and some academic
` responsibilities in terms of -- or I should say
` teaching responsibilities, because it was a
` teaching hospital. And continued to do research,
` primarily through the Gynecologic Oncology Group,
` but also participated in a significant number of
` cancer clinical trials in female pelvic cancer,
` which was my area of real expertise. But I also
` got a significant number of clinical research
` protocols and other cancers going while I was
` there.
` Q Uh-huh.
` A And increased the service line. From when
` I started, I think there were about 650 or 700 new
` cancer cases a year. When I left, it was close to
` 1,500 new cancer cases a year.
` Q Okay. That was a mouthful, let me see if
` I can break it down a little.
` Your clinical responsibilities, can you
` describe those?
` A I saw patients two days a week. I
` attended multiple administrative meetings that
` were hospital-wide. So, I was a member of the
` Hospital Executive Committee, I was a member of
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` W. McGuire
` the Human Research Committee, Pharmacy and
` Therapeutics Committee. A whole host of
` committees I sat on.
` So, I would say in terms of what I did
` with my time, it was probably 30 percent clinical,
` 40 to 50 percent administrative, and the rest of
` it was teaching, teaching -- mostly teaching at
` the bedside, not so much teaching in the
` classroom.
` Q Okay. Now, in connection with your actual
` seeing patients two times a week, did you see
` patients with particular cancers?
` A Primarily saw patients with female pelvic
` cancer, breast cancer, but other malignancies, as
` well. Oftentimes, people came there, they wanted
` to see the chief, and I was the chief of the
` service. When possible, I would try to direct
` those individuals to other members of my team that
` were more up-to-date with the treatment of, for
` example, lung cancer or other types of
` malignancies. But I'm trained as a medical
` oncologist, so saw patients with whatever type of
` malignancies. Just had focused my -- over the
` bulk of my career, focused most of my attention
`
`
`
`6 (Pages 18 to 21)6 (Pages 18 to 21)
`
`Page 6 of 10
`
`

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`Page 106
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`Page 108
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` W. McGuire
` Q Why not?
` A I tend to depend largely on peer-reviewed
` literature which appear in Medline searches. So,
` press releases don't usually pop up in a Medline
` search.
` Q Now, if you turn to 35.
` MR. VAN BUSKIRK: Page or paragraph?
` MR. O'MALLEY: Thank you.
` Q Page 35.
` A Page 35.
` MR. O'MALLEY: I'm going to mark, as
` McGuire Exhibit 10, a copy of U.S. Patent No.
` 5,202,333, with first named inventor Jacob
` Berger.
` (U.S. Patent No. 5,202,333 was
` marked as Exhibit McGuire 10 for
` identification, as of this
` date.)
` Q And do you have McGuire 10 in front of
` you?
` A I do.
` Q And do you recognize it?
` A I do.
` Q On page 35, when discussing the state of
`Page 107
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` W. McGuire
` the art of 5-HT3s in 2003, you begin with a
` discussion of Berger.
` Do you see that?
` A I do.
` Q And is McGuire Exhibit 10 a copy of the
` Berger reference?
` A It is.
` Q Now, you previously testified that you
` don't routinely review patents as part of your
` review of the literature.
` Do you recall that?
` A I do.
` Q Have you ever had occasion to review
` patents outside of your couple of engagements as
` an expert in patent litigations?
` A No.
` Q Now, in Berger, there's certain
` disclosures regarding palonosetron, correct?
` A Correct.
` Q But within Berger, there's no human
` clinical data for palonosetron, correct?
` A Correct.
` Q And would a POSA, in 2003, have known
` whether or not any human clinical data had been
`
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` W. McGuire
` generated for palonosetron by the time this patent
` was filed in 1991?
` A Could you repeat the question?
` Q Yeah. Would it have been known by a POSA
` whether or not, in 1991, palonosetron had been
` dosed in humans?
` MR. VAN BUSKIRK: Objection as to form.
` A If there had been clinical human trials,
` then a person would have been able to review the
` data from that human clinical trial so long as it
` were published.
` Q Okay.
` A In either abstract or peer-review form.
` Q Are you aware of any human clinical data
` for palonosetron that was published in the '90s?
` A In the '90s, I think there was clinical
` human data.
` Q Okay. We'll get to that.
` If you turn to column 12, the column
` begins with the heading, "Administration and
` Pharmaceutical Composition."
` Do you see that?
` A I do.
` Q And there's a disclosure in that first
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` W. McGuire
` paragraph regarding the therapeutically effective
` amounts of palonosetron.
` Do you see that?
` A I do.
` Q And it talks about some ranges for the
` therapeutically effective amounts of compounds of
` formula one, which includes palonosetron, correct?
` A Correct.
` Q And there's various ranges that are given
` there for the therapeutically effective amounts.
` Do you see that?
` A I do.
` Q The most narrow of those ranges is the
` last one, which is preceded by the word
` "preferably," correct?
` A Correct.
` Q And that range is 700 nanograms per day to
` 7.0 milligrams per day.
` Do you see that?
` A I do.
` Q And you offer an opinion, at some point in
` your report, that .25mg is within that range,
` correct?
` A It is, correct.
`
`
`
`28 (Pages 106 to 109)28 (Pages 106 to 109)
`
`Page 7 of 10
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`

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` W. McGuire
` Q Now, that range is huge, correct?
` A It is.
` Q In fact, by my calculation, and fix me if
` I'm wrong, it's a 10,000-fold difference from the
` lowest to the highest number on that range?
` A I think that's correct.
` Q Okay. Now, if you turn to paragraph 28 of
` the Berger reference -- column 28, I'm sorry.
` A Okay. Okay.
` Q There is, disclosed in example 18, both an
` oral formulation and an intravenous formulation.
` Do you see that?
` A I do.
` Q And, first of all, there's no data in this
` patent as to whether the oral or IV would be more
` efficacious in humans, right?
` A Correct.
` Q Now, if you look at the intravenous
` formulation, at the top of column 29, there is set
` forth there a so-called representative solution
` for intravenous administration, correct?
` A Correct.
` Q And the amount of the compound of formula
` one that's employed in that example is 10 to
`Page 111
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` W. McGuire
` 100mgs.
` Do you see that?
` A I do see that.
` Q And that's some 40 to 400 times greater
` than the claimed .25mg formulation of Helsinn's
` patent claims, correct?
` A Correct.
` Q And that's the only intravenous
` formulation that's described in its entirety in
` this patent, correct?
` A Correct.
` Q Have you seen any data as to whether or
` not a solution of 10 to 1000mgs of palonosetron
` would be safe and efficacious in humans?
` A Repeat, please.
` Q Have you seen any data showing, one way or
` another, whether a 10 to 100mg solution of
` palonosetron would be safe and efficacious?
` A A 10mg solution would depend on how much
` of that 10mg solution was administered, and I
` don't think one could comment on the basis of just
` this patent because there had not been human data
` at that point in time.
` Q Okay. Assuming that it was administered
`
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` W. McGuire
` as a single bolus injection, you've not seen any
` data whether that 10 to 100 IV formulation would
` be safe and efficacious, correct?
` A Correct.
` Q And you've seen no data whether such a
` formulation would be stable, correct?
` A Correct.
` Q Are you aware that there is data, yes or
` no, indicating that, as the concentration of
` palonosetron in IV solution is increased,
` stability goes down?
` A I have not seen data, but that would not
` surprise me. That's common with many drugs; that,
` as the concentration increases, the stability
` decreases, and drug may precipitate out of
` solution.
` Q Do you know why that's common? That may
` be out of your expertise.
` A It's for many reasons. Precipitation is
` one. Oxidation of the drug, even by sunlight or
` by heat, can cause degradation of drug.
` Q Okay. Why don't you set that aside?
` A Set this aside?
` Q Yeah. Berger.
`
`Page 113
`
` W. McGuire
` Now, if you turn to page 39 of your expert
` report.
` A Okay.
` Q The next reference that you discuss is
` Eglen, correct?
` A Correct.
` MR. O'MALLEY: I'm going to mark, as
` McGuire Exhibit 11, a copy of the
` Pharmacological Characterization of
` RS 25259-197, a novel and selective 5-HT3
` receptor antagonist, in vivo, with the first
` named Eglen.
` (Article entitled
` Pharmacological Characterization
` of RS 25259-197, a novel and
` selective 5-HT3 receptor
` antagonist, in vivo was marked
` as Exhibit McGuire 11 for
` identification, as of this
` date.)
` Q Now, before I turn to Eglen, you
` testified, at the beginning of this session, that
` it wasn't your practice to review things like
` press releases, as part of your review of the
`
`
`
`29 (Pages 110 to 113)29 (Pages 110 to 113)
`
`Page 8 of 10
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` W. McGuire
` literature regarding antiemetics.
` Do you recall that?
` A That's correct.
` Q And do you think your practice is
` consistent with the practice of a POSA in the 2003
` time period?
` A Yes.
` Q Okay. Now, I've put before you McGuire
` Exhibit 11. Do you recognize that?
` A I do.
` Q And is that the Eglen reference that
` you're referring to in -- starting on page 39 of
` your expert report?
` A It is.
` Q Now, Eglen 1995 is -- reports data from
` various animal studies, correct?
` A That's correct.
` Q And there's no human clinical data in
` Eglen, correct?
` A That's correct.
` Q And again, apart from your experiences in
` the 1970s, you haven't performed animal studies
` since then, correct?
` A Correct. Have not performed, but have
`Page 115
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` W. McGuire
` read.
` Q Okay.
` A I should correct the