Case 1:18-cv-00924-CFC-SRF Document 450-4 Filed 10/25/19 Page 1 of 5 PageID
`#: 32973
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`Exhibit 4
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`

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`Case 1:18-cv-00924-CFC-SRF Document 450-4 Filed 10/25/19 Page 2 of 5 PageID
`#: 32974
`CONFIDENTIAL
`IN THE UNITED STATES DISTRICT COURT
`DISTRICT OF DELAWARE
`-- oOo---
`GENENTECH, INC. and CITY OF
`HOPE,
`
`Plaintiffs,
`vs.
`
`AMGEN, INC.,
`Defendant.
`
`C.A. No. 17-1407-GMS
`CONSOLIDATED
`
`1 23 4 5 67 89
`
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`* * *CONFIDENTIAL***
`VIDEOTAPED DEPOSITION OF
`MELODY TREXLER SCHMIDT, PH.D.
`(30(B)(6) DESIGNEE, GENENTECH, INC.)
`
`TUESDAY, OCTOBER 1, 2019
`
`REPORTED BY: HOLLY THUMAN, CSR No. 6834, RMR, CRR
`JOB NO. 3566739
`PAGES 1 - 243
`
`Page 1
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`Veritext Legal Solutions
`800-826-0277
`
`

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`Case 1:18-cv-00924-CFC-SRF Document 450-4 Filed 10/25/19 Page 3 of 5 PageID
`#: 32975
`CONFIDENTIAL
`
`INDEX
`1
`INDEX OF EXAMINATIONS
`2
`3 EXAMINATION BY:
`4 MR. GUTMAN
`5
`--0O0--
`6
`EXHIBITS MARKED FOR IDENTIFICATION
`7 NO.
`DESCRIPTION
`PAGE
`8 Exhibit 1 United States Patent 8,574,869, Kao 5
`et al.
`
`PAGE
`
`6
`
`9
`
`Exhibit 2 Combined Declaration for Patent
`Application and Power of Attorney
`(GNEAVA-AMG-00562904 through -906)
`
`5
`
`Exhibit 3 Presentation deck, 2H7 Reduction
`Prevention - Late Stage Senior
`Review, Melody Schmidt, Late Stage
`Purification, June 27,2007
`(GNEAVA-AMG-00737442 through -520)
`
`57
`
`10
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`11
`
`12
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`13
`
`14
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`15
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`16
`
`Exhibit 4 "Identification and Prevention of 67
`Antibody Disulfide Bond Reduction
`During Cell Culture Manufacturing,"
`Melody Trexler-Schmidt and others,
`Biotechnology and Bioengineering
`(GNEAVA-AMG-02802665 through -674)
`17
`18 Exhibit5 Hand-drawn diagram created by the 85
`witness at deposition
`
`19
`
`Exhibit 6 Presentation deck, "2H7 Reduction 93
`Inhibition Update," ppdrc, April 9,
`2007, Melody Schmidt
`(GNEAVA-AMG-02364542 through -4579)
`21
`22 Exhibit 7 Presentation deck, "Inhibiting 2H7
`99
`Reduction," Sandy Sargis, ESP/LSP
`Dept. Meeting, June 13, 2007
`(GNEAVA-AMG-00737333 through -395)
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`20
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`23
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`24
`25 (Cont’d)
`
`Page 2
`
`—oOo—
`1
`Videotaped deposition of MELODY TREXLER SCHMIDT,
`2
`3 PH.D., taken by the Defendant, at DURIE TANGRI, 217
`4 Leidesdorff Street, San Francisco, California 94111,
`5 commencing at 9:01 A.M., on TUESDAY, OCTOBER 1, 2019,
`6 before me, HOLLY THUMAN, CSR, RMR, CRR.
`7
`-o0o--
`8
`APPEARANCES
`9 FOR PLAINTIFF GENENTECH, INC.:
`10 WILLIAMS & CONNOLLY LLP
`725 Twelfth Street, N.W.
`11 Washington, D.C. 20005
`By: LUKE McCLOUD, Attorney at Law
`lmccloud@wc.com
`12
`13 FOR DEFENDANT AMGEN:
`14
`PROSKAUER ROSE LLP
`2029 Century Park East, Suite 2400
`Los Angeles, California 90067-3206
`By: SIEGMUND Y. GUTMAN, Attorney at Law
`sgutman@proskauer.com
`DAVID HANNA, Attorney at Law
`dhanna@proskauer. com
`17
`18 ALSO PRESENT:
`19
`SEAN GRANT, Videographer
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`15
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`Page 4
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`1 SAN FRANCISCO, CALIFORNIA; TUESDAY, OCTOBER 1,2019
`2
`9:01 A.M.
`3
`~o0o—
`4
`PROCEEDINGS
`5
`(Deposition Exhibits 1 and 2 were
`6
`marked for identification.)
`7
`THE VIDEO OPERATOR: Good morning. We're 09:00:43
`8 on the record. The time is 9:01 A.M., and the date 09:00:53
`9 is October 1st, 2019. This begins the videotaped
`09:01:00
`10 deposition of Genentech, Inc. and City of Hope
`09:01:03
`11 pursuant to Rule 30(b)(6) and Dr. Melody
`09:01:07
`12 Trexler Schmidt, Ph.D., in her individual capacity. 09:01:10
`13
`This deposition is being taken on behalf
`09:01:14
`14 of counsel for defendant in the matter of
`09:01:16
`15 Genentech, Inc. and City of Hope versus Amgen, Inc. 09:01:18
`16 This case is filed in the United States District
`09:01:22
`17 Court, District of Delaware, consolidated case
`09:01:23
`18 17-1407-GMS.
`09:01:28
`19
`This deposition is being held at Durie
`09:01:33
`20 Tangri, LLP in San Francisco, California.
`09:01:35
`21
`My name is Sean Grant, from the firm
`09:01:39
`22 Veritext. I'm the videographer, and the court
`09:01:42
`23 reporter is Holly Thuman, also from Veritext.
`09:01:44
`24
`Please note that audio and video recording 09:01:48
`25 will take place unless all parties have agreed to
`09:01:51
`
`Page 5
`2 (Pages 2 - 5)
`
`1 (Exhibits, cont'd)
`2 Exhibit 8 Blue Sheets - Genentech Information 222
`Release (GNEAVA-AMG-0036753 through
`-807)
`3
`4 Exhibit 9 Blue Sheets - Genentech Information 238
`Release (GNEAVA-AMG-00737250 through
`-277)
`5
`6 Exhibit 10 Document headed "2H7 Reduction Task 239
`Force" (GNEAVA-AMG-02051810 through
`-812)
`7
`240
`8 Exhibit 11 Photocopy of folder and contents
`labeled "2H7 Reduction/ Roche/CMCRC"
`(GNEAVA-AMG-00753114 through -235)
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`Page 3
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`Case 1:18-cv-00924-CFC-SRF Document 450-4 Filed 10/25/19 Page 4 of 5 PageID
`#: 32976
`CONFIDENTIAL
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`14:36:40
`14:36:43
`14:36:47
`14:36:51
`14:36:57
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`Can you say where the threshold of
`6
`7 antibody production is no longer substantially
`8 occurring or would occur?
`9
`MR. McCLOUD: Object to form.
`10
`THE WITNESS: I need to clarify what I
`11 said before the break.
`14:36:59
`12
`What I mean--to further clarify,
`14:36:59
`13 threshold is the temperature threshold of--and so 14:37:04
`14 to answer your question, whether it's a stoppage of 14:37:08
`15 cell growth or stopping--a stoppage of antibody
`14:37:15
`16 production, I could not state what is that actual
`14:37:19
`17 temperature threshold where that would occur.
`14:37:24
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`Page 146
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`Page 148
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`Page 147
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`Page 149
`38 (Pages 146 - 149)
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`Case 1:18-cv-00924-CFC-SRF Document 450-4 Filed 10/25/19 Page 5 of 5 PageID
`#: 32977
`CONFIDENTIAL
`
`17:52:41
`17:52:42
`17:52:44
`17:52:48
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`17:52:51
`17:52:54
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`2019.
`
`MELODY TREXLER SCHMIDT
`
`1
`MR. McCLOUD: We disagree. There's
`2 absolutely no basis to keep the deposition open.
`3
`In our view, the deposition is closed.
`4
`MR. GUTMAN: I'm not surprised,
`17:52:49
`5 Mr. McCloud.
`6
`Thank you very much, Dr. Schmidt. I
`7 appreciate your time. Thank you for coming in
`8 today.
`17:52:56
`17:52:56
`9
`THE WITNESS: Thank you.
`10
`17:52:57
`THE VIDEO OPERATOR: This concludes
`11 today's deposition. We're off the record at
`17:52:58
`17:53:00
`12 5:53 P.M. Thank you.
`17:53:02
`13
`(Time noted, 5:53 P.M.)
`17:53:23
`14
`—oOo—
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`1 declare under penalty of perjury that the
`16 foregoing is true and correct. Subscribed at
`17
`, California, this
`day of
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`Page 242
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`1
`CERTIFICATE OF REPORTER
`2
`I, HOLLY THUMAN, a Certified Shorthand Reporter,
`3 hereby certify that the witness in the foregoing
`4 deposition was by me duly sworn to tell the truth, the
`5 whole truth, and nothing but the truth in the
`6 within-entitled cause; that said deposition was taken
`7 down in shorthand by me, a disinterested person, at the
`8 time and place therein stated; and that the testimony
`9 of said witness was thereafter reduced to typewriting,
`10 by computer, under my direction and supervision;
`11
`That before completion of the deposition review of
`12 the transcript [] was [X] was not requested/offered.
`13 If requested, any changes made by the deponent (and
`14 provided to the reporter) during the period allowed are
`15 appended hereto.
`16
`I further certify that I am not of counsel or
`17 attorney for either or any of the parties to the said
`18 deposition, nor in any way interested in the event of
`19 this cause, and that I am not related to any of the
`20 parties thereto.
`21
`22 DATED: October 2. 2019
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`HOLLY THUMAN, CSR
`
`Page 243
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`62 (Pages 242 - 243)
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