IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`v.
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`AMGEN INC.,
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`Defendant and Counterclaim Plaintiff.
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`GENENTECH, INC. and CITY OF HOPE, )
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`Plaintiffs and Counterclaim Defendants, )
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`GENENTECH, INC. and CITY OF HOPE, )
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`Plaintiffs and Counterclaim Defendants, )
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`v.
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`SAMSUNG BIOEPIS CO., LTD,
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`Defendant and Counterclaim Plaintiff.
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`C.A. No. 18-924-CFC
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`C.A. No. 18-1363-CFC
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`DECLARATION OF NANCY LYNN SCHROEDER IN SUPPORT OF
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`PLAINTIFFS’ REPLY CLAIM CONSTRUCTION BRIEF
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`I, Nancy Lynn Schroeder, declare:
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`1.
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`I am an attorney at the law firm of Wilmer Cutler Pickering Hale and
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`Dorr LLP, counsel for Genentech, Inc. (“Genentech”) in Case Nos. 18-cv-00924-
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`GMS (D. Del.) and 18-cv-01363-GMS (D. Del.). I am familiar with the facts set
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`forth herein, and if called as witness, I could and would testify competently to those
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`facts under oath.
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`2.
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`I submit this declaration in support of Plaintiffs’ Reply Claim
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`Construction Brief.
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`3.
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`Attached as Exhibit 15 is a true and correct copy of the Transcript of
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`the Deposition of Dr. John A. Glaspy (February 24, 2019).
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`4.
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`Attached as Exhibit 16 is a true and correct copy of the Transcript of
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`the Deposition of Dr. Michael Press (February 28, 2019).
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`5.
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`Attached as Exhibit 17 is a true and correct copy of the Transcript of
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`the Deposition of Dr. Jeffrey John Chalmers (February 6, 2019), taken in Case No.
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`17-cv-1407-CFC.
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`6.
`Attached as Exhibit 18 is a true and correct copy of the Transcript of
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`the Deposition of Dr. Susan Sharfstein (February 10, 2019), taken in Case No. 17-
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`cv-1407-CFC.
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`1
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`7.
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`Attached as Exhibit 19 is a true and correct copy of Exhibit 103 from
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`the Deposition of Dr. Susan Sharfstein (February 10, 2019), taken in Case No. 17-
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`cv-1407-CFC.
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`8.
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`Attached as Exhibit 20 is a true and correct copy of Exhibit 105 from
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`the Deposition of Dr. Susan Sharfstein (February 10, 2019), taken in Case No. 17-
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`cv-1407-CFC.
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`I declare under penalty of perjury that the foregoing is true and correct to the
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`best of my knowledge.
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`EXECUTED this 6th day of March, 2019.
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`By: ____________________________
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`Nancy Lynn Schroeder
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`EXHIBIT 15
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`Transcript of John A. Glaspy, M.D.
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`Date: February 24, 2019
`Case: Genentech, Inc., et al. -v- Amgen, Inc., et al.
`
`Planet Depos
`Phone: 888.433.3767
`Email:: transcripts@planetdepos.com
`www.planetdepos.com
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`WORLDWIDE COURT REPORTING | INTERPRETATION | TRIAL SERVICES
`
`

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`Transcript of John A. Glaspy, M.D.
`Conducted on February 24, 2019
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` A P P E A R A N C E S
`ON BEHALF OF PLAINTIFF GENENTECH:
` LISA J. PIROZZOLO, ESQUIRE
` NORA Q.E. PASSAMANECK, ESQUIRE
` WILMER CUTLER PICKERING HALE AND DORR, LLP
` 60 State Street
` Boston, Massachusetts 02109
` (617) 526-6000
`
`ON BEHALF OF DEFENDANT AMGEN:
` DANIEL J. KNAUSS, ESQUIRE
` LOIS MARIE KWASIGROCH, ESQUIRE
` COOLEY LLP
` 3175 Honover Street
` Palo Alto, California 94304
` (650) 843-5000
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` VIDEOTAPED DEPOSITION OF JOHN A. GLASPY, M.D., held
`at the offices of WILMER CUTLER PICKERING HALE AND
`DORR, LLP, 350 South Grand Avenue, Suite 2100,
`Los Angeles, California
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` Pursuant to notice, before Charlotte Lacey,
`Certified Shorthand Reporter, in and for the State of
`California.
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` A P P E A R A N C E S C O N T I N U E D
`ON BEHALF OF DEFENDANT SAMSUNG BIOEPSIS:
` AMIT H. THAKORE, ESQUIRE (telephonically)
` WHITE & CASE LLP
` 1221 6th Avenue
` New York, New York 10020
` (212) 819-8200
`
`ALSO PRESENT:
` Jillian Barricelli, Videographer
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` IN THE UNITED STATES DISTRICT COURT
`
` FOR THE DISTRICT OF DELAWARE
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`- - - - - - - - - - - - - - - - - -x
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`GENENTECH, INC. and CITY OF : C.A. No. 18-924-CFC
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`HOPE, :
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` Plaintiffs and :
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`Counterclaim Defendants, :
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`v. :
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`AMGEN INC., :
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`0
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` Defendant and Counterclaim :
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`Plaintiff. :
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` :
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`GENENTECH, INC. and CITY OF : C.A. No. 18-1363-CFC
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`HOPE, : VIDEOTAPED
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` Plaintiffs and : DEPOSITION OF
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`Counterclaim Defendants, : JOHN A. GLASPY, M.D.
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`v. : Los Angeles
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`SAMSUNG BIOEPIS CO., LTD., : California
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` Defendant and Counterclaim : Sunday,
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`Plaintiff. : February 24, 2019,
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` : 9:02 a.m.
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`- - - - - - - - - - - - - - - - - -x
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`Job No.: 231197
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`Pages: 1 - 78
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`Reported By: Charlotte Lacey, RPR, CSR No. 14224
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`

`

`Transcript of John A. Glaspy, M.D.
`Conducted on February 24, 2019
`5
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`2 (5 to 8)
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`7
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` MR. THAKORE: Yeah. On the line is Amit
`Thakore from White & Case for Samsung Bioepsis.
` THE VIDEOGRAPHER: The court reporter today is
`Charlotte Lacey representing Planet Depos.
` Would the reporter please swear in the
`witness.
` JOHN A. GLASPY, M.D.,
`the witness herein, having been first duly sworn, was
`examined and testified as follows:
` EXAMINATION
`BY MS. PIROZZOLO:
` Q Could you state your full name for the record,
`please.
` A John Glaspy, G-l-a-s-p-y.
` Q And what's your home address?
` A 19154 Stare Street, S-t-a-r-e, Street,
`Northridge, California.
` Q What is your business address?
` A 100 UCLA Medical Plaza, Suite 550, Los Angeles
`90095-6956.
` Q Have you been deposed before?
` A I have.
` Q On how many occasions?
` A Many. I wouldn't -- I don't know how many.
` Q More than a hundred?
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` I N D E X
` WITNESS PAGE
` JOHN A. GLASPY, M.D.
` Examination by Ms. Pirozzolo 7
`
`
` I N D E X O F E X H I B I T S
` EXHIBITS DESCRIPTION PAGE
`Exhibit 1 John A. Glaspy, M.D., curriculum 8
` vitae
`Exhibit 2 Dr. John A. Glaspy Declaration, 19
` corrected version
`Exhibit 3 '196 patent 23
`Exhibit 4 '379 patent 23
`Exhibit 5 '811 patent 23
`Exhibit 6 Rowland and Tozer, Rhyu declaration 66
` Exhibit 4
`Exhibit 7 Excerpt from American Heritage 73
` Dictionary
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` P R O C E E D I N G S
` THE VIDEOGRAPHER: This begins disc number 1
`in the videotaped deposition of Dr. John Glaspy in the
`matter of Genentech Inc., et al., versus Amgen Inc.,
`et al., in the United States District Court for the
`District of Delaware, case numbers 18-924-CFC and
`18-1363-CFC.
` Today's date is Sunday, February 24, 2019.
`The time on the video monitor is 9:02 a.m. The
`videographer today is Jillian Barricelli representing
`Planet Depos. This video deposition is taking place at
`Wilmer Cutler Pickering Hale and Dorr LLP, located at
`350 South Grand Avenue, Suite 2100, Los Angeles,
`California.
` Would counsel please voice identify themselves
`and state whom they represent.
` MS. PIROZZOLO: Lisa Pirozzolo from WilmerHale
`for Genentech.
` MS. PASSAMANECK: And Nora Passamaneck from
`WilmerHale for Genentech.
` MR. KNAUSS: Dan Knauss from Cooley for Amgen
`and the witness. With me is Lois Kwasigroch from Amgen.
` THE VIDEOGRAPHER: The court reporter today --
` MS. PIROZZOLO: Amit, do you want to identify
`yourself?
`
` A It could be.
` Q Okay. Is there any reason you cannot provide
`complete and accurate testimony here today?
` A No.
` MS. PIROZZOLO: Would you mark this as Glaspy
`Exhibit 1.
` (Deposition Exhibit 1 was marked for
`identification.)
` Q Is Glaspy Exhibit 1 a true and accurate copy
`of your CV?
`0
` A It would -- it would appear to be. I'm not
`11
`going to go through every author of every paper, but
`12
`this looks like my CV, yes.
`13
` Q And that's the copy that was submitted as
`14
`Exhibit A to your declaration in the case, correct?
`15
` A I don't know that either. I wasn't in the
`16
`chain of custody, but I assume so, yes.
`17
` Q Okay. But is it -- is Glaspy Exhibit 1
`18
`complete, as far as you know?
`19
` A There may be publications missing, you know,
`20
`that I didn't capture on the CV or my assistant didn't.
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`But other than that, it should be complete.
`22
` Q Okay. Do you know what date by which it was
`23
`completed?
`24
` A I -- I don't.
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`PLANET DEPOS
`888.433.3767 | WWW.PLANETDEPOS.COM
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`11419
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`

`

`Transcript of John A. Glaspy, M.D.
`Conducted on February 24, 2019
`9
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`3 (9 to 12)
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` A So -- okay. Where -- where I actually did
`some work for them. There are two that I can recall.
`The first one was a lawsuit between Teva and Amgen. And
`the second was the Amgen Genentech litigation in Canada.
` Q Okay. And what product was involved in the
`Teva versus Amgen case that you mentioned?
` MR. KNAUSS: Before you answer, it's fine to
`identify the product, but limit it to that in your
`answer.
` A Sure.
` MR. KNAUSS: We have to be careful about
`confidentiality with that other relationship.
` A Understood.
` So it would be GCFS or also known as Neulasta
`or filgrastim.
` Q And what party were you working with in that
`case?
` A I was retained by Amgen.
` Q And over what period of time did you do work
`on that case?
` A You know, I'm really bad at remembering times,
`and it's getting worse as, you know, more accumulates in
`the banks. But my recollection is that it was a few
`years ago.
` Q Did you testify at deposition?
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` Q Okay. Now, you obtained your bachelor's
`degree in 1975; is that right?
` A That's correct.
` Q And your M.D. in '79?
` A Yes.
` Q And your master's in public health also in
`'79, correct?
` A Yes.
` Q Have you obtained any other degrees?
` A No.
` Q Have you ever taken any law classes?
` A When I was in public health school, there was
`a class called Public Health and the Law.
` Q Okay.
` A It wasn't really a law class. It was a public
`health class talking about law.
` Q Okay. Other than that class, have you taken
`any law classes?
` A No.
` Q Now, your CV doesn't appear to have -- or to
`include on it work on litigation matters; is that right?
` A It does not.
` Q And have you served as an expert in
`litigation?
` A Yes.
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` Q All right. On how many occasions?
` A Many. Probably on average three or four a
`year.
` Q In what types of cases?
` A So insurance coverage cases was a common one
`for quite a while where insurance was defining a
`treatment as experimental that -- that I was prescribing
`for a patient. Medical malpractice cases, I get
`retained to look at those. Occasionally a product
`liability lawsuit; that's happened a couple times.
` Q Okay.
` A And then this -- this setting.
` Q Have you ever served as an expert in a patent
`infringement matter other than this case?
` A Yes.
` Q Okay. On how many occasions?
` A So let me just clarify. If -- if I was --
`if -- if I was contacted and issues were discussed and I
`wasn't retained, would that count? Would that be an
`affirmative answer to your question as phrased?
` Q No.
` A Okay.
` Q I would -- I would limit my question to
`matters in which you were retained to serve as an
`expert.
`
` A I did.
` Q Did you testify at trial?
` A No. There was not a trial that I'm aware of.
` Q Was that a proceeding in the United States?
` MR. KNAUSS: You may answer.
` A Yes.
` Q Did you offer an opinion on claim construction
`in that case?
` A I don't remember what the -- what the issue
`was that -- that I was retained to talk about.
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` Q And you mentioned the Amgen Genentech case in
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`Canada. What product did that involve?
`12
` A Herceptin.
`13
` Q Herceptin. And you were working with Amgen?
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` A Yes.
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` Q And did you give a deposition in that case?
`16
` A No.
`17
` Q Did you testify at trial?
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` A No.
`19
` Q What was the scope of your work in that case?
`20
` A There --
`21
` MR. KNAUSS: Start with a very high-level
`22
`answer, and if counsel wants more.
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` A So -- yeah, I'm trying not to violate
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`confidentiality. So it was the same -- a patent case
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`PLANET DEPOS
`888.433.3767 | WWW.PLANETDEPOS.COM
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`Transcript of John A. Glaspy, M.D.
`Conducted on February 24, 2019
`13
`regarding Herceptin in Canada. The issue that I was
`retained on, I don't believe, was claim construction.
` Q And is that work concluded, or is that
`ongoing?
` A I believe it's concluded. I haven't heard
`from them for almost a year.
` Q Okay. And is the Teva/Amgen matter concluded?
` A Yes.
` Q Do you hold any patents?
` A I do not.
` Q Have you read patents before this case?
` A Yes.
` Q Okay. On how many occasions?
` A Ten, approximately; obviously.
` Q And is it correct to assume you read the
`patents at issue in the two cases we were just talking
`about?
` A Yes.
` Q On what other occasions have you read patents?
` THE WITNESS: Is that --
` A So there are other -- other Herceptin patents
`that I've read --
` Q Okay.
` A -- beyond the ones that are at issue today. I
`also am involved in a drug discovery program at UCLA,
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`and we have started to construct patents, and so I read
`those. And I read the other patents in the neighborhood
`with -- with -- with a view towards freedom to operate
`conclusions.
` Q Okay. So am I right that -- well, let me
`strike that.
` Have you ever testified at a trial?
` A Yes. But that was a very broad question.
` Q Yes. And I realized -- let me break it down.
` Am I right you have not testified at a patent
`infringement trial?
` A That's correct unless a deposition counts as
`testimony. So, no, I haven't.
` Q But you have testified at trials in other
`litigation matters?
` A I have.
` Q And would those be in insurance cases?
` A Insurance cases and medical malpractice cases.
` Q Okay. On how many occasions have you --
` A And -- excuse me.
` And product liability cases. I mentioned that
`as well earlier.
` Q How many times have you testified at trial?
` A Total for --
` Q Yes.
`
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` A I think that pretty much covers it.
` Q Could you turn to page 18 of your CV. So
`starting at entry 251, there's Amgen -- do you see the
`talk Amgen x Teva?
` A Yes.
` Q And then there are a number of those running
`from page 18 to page 21. I counted up -- I think it's
`27.
` A Yes.
` Q What do -- what do those entail?
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` A So those entail -- those are lectures that
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`were -- where the sponsor was Amgen. And so I'm
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`required to inform the university when that happens
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`because the proceeds from that go to the university, not
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`to me.
`15
` Q Okay.
`16
` A And so that's why my assistant has capitalized
`17
`the Amgen so that it would -- it would be easy for
`18
`somebody to find them.
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` Q Okay. And what are the proceeds from those
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`talks?
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` A I don't know because I don't get them. But it
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`would -- a typical honorarium for a day would be on the
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`order of a $2000 honorarium, I think.
`24
` Q Okay. Do you know, for the consulting work
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` A -- for all -- all?
` Q Yes.
` A It happens about once a year and has for the
`last couple decades; it's been in that range. So that
`would put it into the 30 range.
` Q Has a court ever determined that you were not
`qualified to provide expert testimony?
` A No.
` Q Has a court ever excluded your testimony?
` A No.
` Q Now, you have identified at least two prior
`matters that you've worked with Amgen on, the two
`litigation matters we've just discussed, correct?
` A Correct.
` Q Have you done other work for Amgen?
` A You mean legal work?
` Q Any type of work.
` A Well, I do clinical trial research. And some
`of those clinical trials are sponsored by Amgen. So
`that would technically be an affirmative answer to your
`question as phrased. I have in the past done consulting
`for Amgen on scientific matters and worked with Amgen
`to -- to develop a clinical development program for
`various molecules.
` Q Anything else?
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`11421
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`

`

`Transcript of John A. Glaspy, M.D.
`Conducted on February 24, 2019
`17
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` A -- because it took me a while to get my head
`around what -- what the issue was.
` Q And I don't want to ask you about your
`conversations --
` A Okay.
` Q -- with your counsel, but I just wanted the
`general scope of the arrangement.
` A Right. So -- like -- well, the -- the
`question implied that it was -- when they first called
`me, that I was able to answer that question. And if
`you'd talked to me when I hung up that day, I wouldn't
`have been able to answer the question.
` MS. PIROZZOLO: Mark that as Glaspy Exhibit 2.
` (Deposition Exhibit 2 was marked for
`identification.)
` Q So, Dr. Glaspy, is Exhibit 2 the -- there was
`a corrected version of your declaration that was
`provided to us. Is that -- is Exhibit 2 the corrected
`version?
` A It appears to be, yes.
` Q And that's your signature on page 20?
` A Yes.
` Q To the best of your knowledge, is your
`declaration true and accurate?
` A Yes.
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`for Amgen, does that go directly to you or to the
`university?
` A Usually it's not compensated.
` Q Okay.
` A Usually we're working together on something.
`There may -- I'm not remembering any, but there may have
`been times when I was retained as a consultant and paid,
`and then it -- it's more complex. We're -- we give that
`money to the university, and sometimes they give it back
`to us; sometimes they don't. They have a set amount
`that I can make outside the university. And when it
`exceeds that, they stop returning the checks. So I
`don't know if any of those checks ever made it past that
`filter. It's a relatively modest amount of money. I
`think it's $40,000 a year.
` Q Just so I'm clear, that's $40,000 a year that
`you can receive or that you cannot receive?
` A That's -- that's the threshold above which the
`university starts to retain things.
` Q I see. Okay.
` A But that would be from all sources of outside
`income, not specifically Amgen consulting.
` Q And you can't -- as you sit here today, you
`don't have in mind how much money you have received from
`Amgen?
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` A Personally -- personal money, I can't.
` Q Okay.
` A I don't know. I cannot.
` Q More than $5,000?
` A I -- I wouldn't know. I'd have to pull out
`tax returns and -- and look because we -- we link it to
`the -- to the W2 --
` Q Okay.
` A -- form.
` Q When were you retained to work on this
`particular matter?
` A It was in the latter part of 2018. I don't
`remember whether -- which exact month it was. But I
`know it was well before the holidays.
` Q Okay. And just so I'm clear, were you
`retained by Amgen and Samsung? Or just Amgen?
` A To my knowledge, it was just Amgen.
` Q Okay. And when you were contacted in late '18
`what did you understand your task to be?
` A It -- the -- I didn't fully understand my
`task, because I'm not -- I'm not an expert at patent
`law. It would -- until I'd had two or three meetings
`and teleconferences with -- with the attorneys from
`Amgen --
` Q Okay.
`
` Q Okay. Do you have any corrections to the
`declaration?
` A I -- I do not.
` Q How much time did you spend preparing your
`declaration?
` A I -- I haven't added it all up yet. And it
`depends if we're -- essentially, the declaration was the
`accumulation of a lot of time spent looking at patents,
`talking to the attorneys, and looking at the other
`documents that I set forth here. If all that -- if all
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` Q Counting all of that?
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` A -- counted.
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` Q Yes.
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` A Because, in other words, if I was going to
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`submit a bill to Amgen for all the work to date on this,
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`how many hours would be in it --
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` Q Correct.
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` A -- I can't tell you with precision, because I
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`have to go back through my calendar -- I haven't
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`submitted any bills -- and count how long different
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`teleconferences were. But it would surprise me if it's
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`not greater than 20 hours.
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` Q Okay. So at least 20 hours and possibly more?
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` A That's correct.
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`Case 1:18-cv-01363-CFC Document 89 Filed 03/22/19 Page 10 of 879 PageID #:
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`Transcript of John A. Glaspy, M.D.
`Conducted on February 24, 2019
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`definition. But, no, in terms of specific documents
`reviewed to make this declaration, you've now listed all
`of them.
` Q Okay. Now, just going back to something, I
`think -- you mentioned when you were talking about some
`of your work with Amgen, you mentioned you reviewed
`other Herceptin patents, I think.
` A Yes.
` Q Did you review any other Herceptin patents in
`connection with this declaration?
` A I did not.
` MS. PIROZZOLO: Okay. Can you mark this as
`Glaspy Exhibit 3, the '196 patent.
` (Deposition Exhibit 3 was marked for
`identification.)
` Q So Glaspy Exhibit 3 is the '196 patent. This
`is one of the patents you reviewed in preparing your
`declaration, correct?
` A That's correct.
` Q When is the first time -- well, let me mark
`the other two patents, so we have a complete record.
` MS. PIROZZOLO: So we'll mark as Exhibit 4 the
`'379 patent and as Exhibit 5 the '811 patent.
` (Deposition Exhibits 4 and 5 were marked for
`identification.)
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` Q Now, could you turn to paragraph 11 of your
`declaration. It's on page 4. And that describes the
`materials you reviewed in preparing the declaration,
`correct?
` A On page 11?
` MR. KNAUSS: Paragraph 11.
` Q So, page 4 paragraph 11.
` A Oh, paragraph 11. I'm sorry. That's my
`fault.
` Q It's okay.
` A Yes.
` Q So you reviewed the three patents, correct?
` A Correct.
` Q You reviewed the file histories of the
`patents?
` A Yes.
` Q Okay. And you reviewed Rowland and Tozer, at
`least, excerpts from that; is that right?
` A I did. I did.
` Q You reviewed the Herceptin labels from 1998
`and 2018, correct?
` A Correct.
` Q You reviewed the definition of initial in the
`American Heritage College Dictionary, correct?
` A I did.
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` Q You reviewed Baselga 1996?
` A I did.
` Q You reviewed Pegram 1998?
` A I did.
` Q Okay. In preparing your declaration, did you
`review any materials other than what I just mentioned?
` A Did -- did you mention the prosecution
`history, the responses and statements?
` Q I used the term "file histories," but I was --
` A You did. But I want to --
` Q -- intending --
` A -- make sure you had that --
` THE REPORTER: One at a time, please.
` A Oh. I'm sorry.
` Q We can't talk at the same time.
` A You're right.
` Q Let me finish.
` A I'm sorry. So, yes, then I -- then you've
`now -- you've now told me -- you've said everything I
`reviewed as part of preparing this.
` Q Okay. So there was nothing else that -- that
`you reviewed for this declaration?
` A No. But it was, obviously, based on my -- my
`education and my background and what I've read over the
`years in terms of the role -- the -- the POSA
`
` Q So Exhibit 4 is the '379 patent, correct?
` A Exhibit 4 is the '379, correct.
` Q And Exhibit 5 is the '811 patent, correct?
` A That's correct.
` Q And collectively, the '196, '379, and '811,
`are the patents you referred to as the dosing patents,
`correct?
` A That -- that's correct.
` Q Now, each of those patents shares the same
`specification, correct?
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` A I never did go through to make sure it matched
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`word for word. But it comes really close.
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` Q Did you see any material differences?
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` A Not that I recall. And, especially, if you
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`put the word "material" in, I think, the answer is, I
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`did not.
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` Q Okay. When is the first time you read these
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`patents?
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` A I believe it was in preparation for my
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`first -- my first teleconference with -- with Amgen. So
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`there would have been a phone -- a phone call, I
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`believe, asking me if I was willing to look. And then I
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`would have received these probably as an attachment.
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` Q Okay. I don't -- I don't want to, again --
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` A Okay.
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`Case 1:18-cv-01363-CFC Document 89 Filed 03/22/19 Page 11 of 879 PageID #:
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`

`Transcript of John A. Glaspy, M.D.
`Conducted on February 24, 2019
`25
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`I don't know.
` Q Okay. Now, you said in preparing your
`declaration, you also reviewed the prosecution
`histories, correct?
` A Yes. That selected part having to do with
`responses and statements by the -- by the -- by
`Genentech and by the Patent Office and the responses.
` Q Okay. Did you review those -- that back and
`forth between Genentech and the Patent Office for all
`three patents in their entirety?
` A The back-and-forth part, I did. That was a
`relatively quick scan. That's a long document even
`restricted to that portion.
` Q But you read it all?
` A Well, yes. I -- my eyes crossed everything,
`but there's a kind of reading where you can -- can go
`fast, and then you stop and -- and focus and when you
`see something that is of interest, and it was that kind
`of reading.
` Q Okay. How much time did you spend reviewing
`the prosecution histories?
` A Oh, boy. In the order of three hours.
` Q Now, correct me if I'm wrong, but your
`declaration doesn't cite any of the prosecution -- the
`back and forth between the examiner and the Patent
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` Q -- get into the -- so, but I'm looking for a
`time period --
` THE WITNESS: Stop me.
` Q Are we putting it at late --
` MR. KNAUSS: I will, when you cross the line.
` Q -- late 2018?
` A Yeah. Would have been the -- the last two or
`three months of 2018, best of my recollection.
` Q Okay. And you had not read the patents before
`being retained in this matter; is that right?
` A That's correct.
` Q Did you read the patents in their entirety?
` A I did.
` Q Okay.
` A Now, some of -- some of that reading was --
`was very quick because it was -- you know, they were
`reciting clinical trials and the details of clinical
`trials, and there was repetition. So it -- it got
`quicker, because of the -- but -- but I did open every
`page, and my eye scanned every -- every page.
` Q Now, you cited certain portions of the
`specification in your declaration, correct?
` A That's correct.
` Q And I'll -- I'll try to save time by not going
`through them. But my question is did you read portions
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`Case 1:18-cv-01363-CFC Document 89 Filed 03/22/19 Page 12 of 879 PageID #:
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`Office; is that right?
`of the patents that are not cited by column and line
` A It does not.
`number in your declaration?
` A Yes. Yeah.
` Q Okay. Is that because you didn't find any
`sections of the prosecution history that were relevant
` Q How did you select the sections that you chose
`to your opinions?
`to put in your declaration?
` A No. It was more because the -- the one thing
` A I -- I put those in the declaration to support
`that I -- that I found represented -- this isn't going
`the opinion that the paragraph in the declaration was --
`to -- a wonky legal point. And I noticed I already knew
`was putting forth.
`that, that was in Amgen's claim construction brief or
` Q Okay. Did you look at all the uses of the
`whatever it's called. And -- and so I decided not --
`term "initial dose" in the patent specification?
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`not to mention that or get involved in it, because it --
` A Yes.
`11
`it's a question of what is the implication of unlinking
` Q Do you know how many times that term is used
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`claim 16 from claim 1 in the '196 patent, whether that
`in the specification?
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`was a -- an acknowledgement of or a convenience issue,
` A I -- I wouldn't -- I wouldn't presume to -- to
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`so I stayed out.
`even guess, but a -- it -- very many times.
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` Q Okay. So you thought that was a wonky patent
` Q Okay. Did you look at all the times the words
`16
`issue, so you didn't get into it?
`"first dose" are used in the patent specification?
`17
` A I didn't count them.
` MR. KNAUSS: Object to the form.
`18
` A I didn't think I -- it would -- it would help
` Q Did you review all of them?
`19
`me to get involved. I did have legal people to help me,
` A I -- I believe so, yes.
`20
`and I talked to them, and they said it was a --
` Q Okay. Do you know how many times first dose
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` MR. KNAUSS: Don't get into the details of our
`is used in the patent specification?
`22
` A I don't.
`conversation.
`23
` A Okay. Got it.
` Q Okay. It's less than initial dose, right?
`24
` A You -- I'd take your word for it. I don't --
` MR. KNAUSS: Yeah.
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`

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`8 (29 to 32)
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`Transcript of John A. Glaspy, M.D.
`Conduct