DARREN R LINK, PHD
`June 16, 2016
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` I N D E X
`Deposition of: Page
`DARREN R. LINK, Ph.D.
` By Ms. Sterling 5
`
` E X H I B I T S
`No. Page
`Exhibit 1030 Sketch 97
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` UNITED STATES PATENT AND TRADEMARK OFFICE
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
` Case IPR2015-01558
` Patent 8,658,430
`- - - - - - - - - - - - - - - - - - x
`10X GENOMICS, INC.,
` Petitioner,
` v.
`RAINDANCE TECHNOLOGY, INC.,
` Patent Owner.
`- - - - - - - - - - - - - - - - - - x
`
` DEPOSITION of DARREN R. LINK, Ph.D.
` June 16, 2016
` 8:58 a.m.
` Weil, Gotshal & Manges, LLP
` 100 Federal Street
` Boston, Massachusetts
`
`Reporter: Michael D. O'Connor, RMR, CRR, CBC, CCP
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` P R O C E E D I N G S
`
` DARREN R. LINK, Ph.D.
`
`having been satisfactorily identified by the
`production of his driver's license, and duly
`sworn by the Notary Public, was examined and
`testified as follows:
`
` DR. STERLING: Good morning.
` THE WITNESS: Good morning.
` DR. STERLING: Let's start by taking
`a roll call of everyone who's in the room. I'll
`start with me.
` I'm Deborah Sterling from Sterne
`Kessler Goldstein & Fox on behalf of 10X
`Genomics, and with me is Eldora Ellison, also
`from Sterne Kessler Goldstein & Fox on behalf of
`10X Genomics.
` MR. WALTER: Derek Walter of Weil,
`Gotshal & Manges for RainDance.
` MS. SHOU: Ally Shou from RainDance
`Technologies.
` THE WITNESS: Darren Link from
`RainDance Technologies.
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`APPEARANCES:
`
` STERNE KESSLER GOLDSTEIN FOX
` By Deborah Sterling, Ph.D., Esq.
` By Eldora L. Ellison, Ph.D., Esq.
` 1100 New York Avenue, N.W.
` Washington, D.C. 20005
` (202) 371-2600
` dsterlin@skgf.com
` eellison@skgf.com
` For the Petitioner.
`
` WEIL, GOTSHAL & MANGES, LLP
` By Derek C. Walter, Esq.
` 201 Redwood Shores Parkway
` Redwood Shores, California 94065
` (650) 802-3934
` derek.walter@weil.com
` For the Patent Owner.
`
` Also Present: Ally Shou, Esq.,
` RainDance Technology, Inc.
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`CSI GLOBAL DEPOSITION SERVICES
`972-719-5000
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`

`
`DARREN R LINK, PHD
`June 16, 2016
`
`5
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` DIRECT EXAMINATION
`BY DR. STERLING:
` Q. Good morning, Dr. Link.
` A. Good morning.
` Q. You recognize you're here today to
`discuss a declaration that you submitted as part
`of an IPR proceeding of U.S. Patent Number
`8,658,430?
` A. Yes, I do.
` Q. Have you been deposed before, Dr.
`Link?
` A. No, I have not.
` Q. So we'll go through some ground
`rules. I'm sure you've spoken about them with
`your attorney, but we'll just go through them
`again this morning.
` I'm going to ask you some questions.
`You're going to answer. You're under oath, so
`you're going to answer to the best of your
`ability and truthfully.
` We have a court reporter present. So
`the court reporter -- and it's easier for the
`court reporter to take down words than actions.
`So if you could answer with words as opposed to
`nodding your head or shaking your head or saying
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`things like uh-huh, that would be very helpful.
` Because we have a court reporter, I
`would ask that you wait until I finish the
`question before you answer. Likewise, I will
`wait or at least try to wait until you're
`finished answering before I speak as well,
`because if we speak over each other, it's
`difficult for the court reporter to take down
`what we're saying.
` Do you understand all of that?
` A. Understood.
` Q. Dr. Link, are you a cofounder of
`RainDance?
` A. That is correct.
` Q. And are you also CTO, chief technical
`officer, of RainDance?
` A. That is correct.
` Q. Have you held any other positions at
`RainDance than chief technical officer?
` A. Over the years since we founded the
`company, my title has changed number of times,
`but my role has remained essentially the same.
` Q. What is that role at RainDance?
` A. At RainDance, the technology groups
`report to me. So I lead all of the innovation
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`2 (Pages 5 to 8)
`7
`and technical development. That means chemistry,
`microfluidics, biology. I think everything falls
`into those categories.
` In addition to that, and the people
`that report to me, I lead the innovation and
`review and response to patent actions and patent
`filing. I report to the CEO, and periodically
`give, you know, updates to the board when asked,
`when called upon to do so.
` Q. So if I understand you, you are
`involved in patent actions and patent filings as
`part of your role in RainDance?
` A. So I work with, of course, with our
`in-house and external counsel.
` Q. Do you own shares in RainDance?
` A. I have shares in RainDance, yes.
` Q. Can you give us a ballpark of the
`amount, the monetary value of your shares?
` A. The easiest for me would be to give
`you a percentage. So my shares represent about
`1.3 percent.
` Q. And you can't put a monetary value on
`those shares?
` A. At this point in time, the best
`estimate that I could give you for the monetary
`
`8
`value of those shares would be about $600,000.
` Q. Okay. Do you also draw a salary from
`RainDance?
` A. Yes, I do.
` Q. Can you give us a ballpark estimate
`of your salary, please?
` A. My base salary -- my best estimate of
`my base salary is $275,000.
` Q. That's a base salary. Would there
`also be bonuses, for example, on top of that
`salary?
` A. There can be bonuses of up to 30
`percent.
` Q. And what determines those bonuses?
` A. Corporate and personal performance.
` Q. Do you have a fiduciary duty as an
`executive officer to RainDance?
` A. Yes, I do.
` Q. Would that duty include any duty to
`maintain share value, for example?
` A. Certainly.
` Q. And would that duty include, for
`example, to protect intellectual property?
` A. Absolutely.
` Q. Are you involved in any
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`CSI GLOBAL DEPOSITION SERVICES
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`

`
`DARREN R LINK, PHD
`June 16, 2016
`
`9
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`decision-making regarding any intellectual
`property at RainDance?
` A. Yes, I am.
` Q. Were you involved in any
`decision-making regarding this inter partes
`review at RainDance?
` A. Yes.
` Q. What role did you play in
`decision-making for this inter partes review?
` MR. WALTER: I'm going to caution the
`witness now not to reveal the substance of any
`attorney-client communications. You can answer
`at a high level, but don't go into the substance
`of any attorney-client communications.
` Q. That's fine. I'm not asking for any
`discussions you had with your counsel. I just
`want to understand your role in the
`decision-making of this inter partes review?
` A. I have been receiving documents,
`reading documents, and making my, you know,
`opinion and expert -- yeah, my expert opinion
`known to counsel, and I have, you know,
`participated in providing feedback on documents.
` Q. When you say you've provided your
`expert opinion, in the declaration you've filed,
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`is that providing your expert opinion?
` A. Yes, it is.
` Q. Have you been involved in any
`decisions as to who to use as an expert in this
`inter partes review?
` A. Yes.
` MR. WALTER: Now I'm going to
`instruct the witness not to answer. Now you're
`getting into the substance of our communications.
`So I'm going to instruct the witness not to
`answer that. He's answered at a highly level
`what his role has been. Now I think you need to
`move on, because you're starting to get into
`privileged information.
` DR. STERLING: My question is just
`whether he has played a role, and not who he has
`suggested or any discussions he's had with you.
`I just want to understand his role in this
`proceeding.
` MR. WALTER: That gets into the
`specifics of what he's doing with counsel in this
`case, and so I'm going to cut you off now.
` DR. ELLISON: We're entitled to know
`what role he plays.
` MR. WALTER: He's answered that
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`3 (Pages 9 to 12)
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`already.
` DR. STERLING: I just might ask him
`for more detail in the answers that he gave me.
`Again, I don't want substance. I just want to
`understand his role. I don't want to know of his
`discussions with you. I just want to understand
`the role he has played.
` MR. WALTER: That's what I'm saying.
`At some point when you ask for more detail,
`you're starting to get into the substance, and I
`think you've crossed that line now.
` DR. STERLING: I don't believe I
`have.
` DR. ELLISON: That's enough speaking
`objections from you, Derek. Let's move on.
` Q. Aside from yourself, who at RainDance
`makes decisions based on this IPR, do you know?
` A. Yes. Scott Bortner is head IP
`counsel. He ultimately takes the lead role in
`all decisions.
` Q. Does anyone else at RainDance play a
`role in decision-making for this IPR that you're
`aware of?
` A. Our CEO plays a role.
` Q. And your CEO's name is?
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` A. Roopom Banerjee. He has a first
`initial S, but he goes by Roopom.
` Q. You attended several other
`depositions in this IPR and related IPRs; is that
`correct?
` A. I attended two depositions.
` Q. And those were the depositions of Dr.
`Huck; is that correct?
` A. That's correct.
` Q. Did you attend those depositions as a
`company representative or on behalf of RainDance?
` A. As a company representative, yes.
` Q. At RainDance, was that part of your
`job description or part of your job role, I
`guess, maybe not necessarily your description?
` A. At RainDance, since I founded the
`company back in 2004, this is the first time that
`we have been involved in this type of patent
`dispute litigation.
` As such, there was no precedent for
`whose role it was to attend depositions or how to
`structure these types of activities.
` But as the chief technology officer
`and the person at the company who is most
`familiar with all of the technology from, you
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`CSI GLOBAL DEPOSITION SERVICES
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`

`
`DARREN R LINK, PHD
`June 16, 2016
`
`13
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`know, the original inventions that took place to
`the out-licensing of the technology and the
`formation of RainDance and all of the activities
`that have taken place since, it was decided that
`I was the person who was best equipped to attend
`those proceedings.
` Q. So you attended those proceedings as
`part of your job at RainDance?
` A. Yes, if you will. I would say that
`that was more of an ad hoc decision than a formal
`description of my role, which didn't exist prior
`to this litigation.
` Q. Understood. Did RainDance reimburse
`you for any expenses for your traveling to
`depositions?
` A. Yes. My expenses were reimbursed.
` Q. Have you received payment for the
`declaration that you wrote for this IPR over and
`above your general salary at RainDance?
` A. No. No, I have not.
` Q. So is it fair to say this declaration
`was written as part of your role as a RainDance
`chief technical officer and cofounder?
` A. Yes. That's fair.
` Q. Dr. Link, you're named as an inventor
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`on the -- if I call it the '430 patent --
` A. Yes.
` Q. -- on the '430 patent and also on
`Exhibit 1004, the Link published patent
`application in this case; is that correct?
` A. That's correct.
` Q. Do you stand by your patent?
` A. '430 patent?
` Q. Yes.
` A. Yes, absolutely.
` Q. You haven't asked the patent office
`to correct anything in the '430 patent, have you?
` A. Not that I'm aware of.
` Q. Okay. So you stand by your '430
`patent?
` A. Yes.
` Q. Do you stand by your published
`application, the Link 1004 exhibit?
` A. Yes.
` Q. Did you file an oath and declaration
`in the '430 patent during this prosecution as an
`inventor?
` A. Yes.
` Q. Did you file an oath and declaration
`in the Link 1004 patent application as an
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`inventor?
` A. Yes. I'll say, I answered yes,
`because I always do, and I'm not aware of any
`time when I have not. I don't remember these
`very specific activities from many years ago,
`but, you know, it is, you know, of course
`absolutely my belief that I did.
` Q. Okay. Were you involved in the
`prosecution of the Link patent, the '430 patent?
` A. The '430 patent, yes.
` Q. What was your role in the
`prosecution?
` A. My role in the prosecution -- in this
`particular case, as I recall, this was first
`action allowance. So there wasn't a significant
`role to be played.
` Q. Did you play a role in drafting the
`application itself before it was filed?
` A. Yes, I did.
` Q. And did you play a role in drafting
`or informing about the claims of the '430 patent
`that were filed?
` A. Yes, I did.
` Q. Okay. For the Link application,
`that's Exhibit 1004, were you involved in
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`prosecution of that application?
` A. I was, yes.
` Q. And what was your role?
` A. My role there was similarly in
`writing of the document, preparing the figures,
`preparing the descriptions, preparing the
`descriptions of the examples, reviewing the
`document before it was filed, communications with
`regard to the claims; I was involved in those
`aspects; similar to how I was involved in the
`'430 patent as well in both cases.
` Q. You may be aware -- are you aware
`that there was more prosecution, to use that
`term, of the application than there was in the
`'430 patent in that the patent office issued
`office actions --
` A. Yes, I am aware.
` Q. Okay. Were you involved in reviewing
`those office actions and involved in the
`responses that were filed by RainDance?
` A. So this gets a little bit more
`difficult for me to remember. In the earlier
`years of RainDance, we worked very closely with
`external counsel, who was working closely with
`our -- with Bob Cunningham. Bob Cunningham
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`CSI GLOBAL DEPOSITION SERVICES
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`

`
`DARREN R LINK, PHD
`June 16, 2016
`
`17
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`played the role at RainDance of chief operating
`officer. COO was his title at that time. Bob
`would often communicate directly with counsel on
`responses.
` After RainDance hired Alan Sherr as
`internal counsel, Alan Sherr, and I apologize, it
`would take me a while to try to recall the exact
`date of when that was. If you need it, I can try
`to figure out exactly when that date was.
` After Alan Sherr joined RainDance,
`then I was involved in essentially every office
`action. But prior to that, I wasn't.
` Q. So as part of that involvement, you
`continued to look at claims that were being put
`in front of the patent office; is that fair?
` A. Yes, I did.
` Q. And it's your opinion that those
`claims accurately encompass what you consider to
`be your invention?
` A. Yes.
` Q. Okay. Some of the other inventors on
`the published application are Michael Weiner?
` A. Yes.
` Q. David Marran?
` A. Correct.
`
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` Q. And Jonathan Rothberg?
` A. Yes.
` Q. Does Michael Weiner still work at
`RainDance?
` A. No, he does not.
` Q. Do you know where he works now?
` A. I believe the company's name is
`AxioMx, but I'm not certain of that. It's an
`antibody company in Connecticut. I certainly
`have his contact information.
` Q. Have you communicated with Michael
`Weiner since he left RainDance?
` A. Yes.
` Q. When was the last time you spoke with
`Michael Weiner?
` A. I spoke with Michael Weiner once
`earlier -- I believe earlier this year. I think
`that was the most recent time that I spoke with
`him.
` Q. Under what circumstances was that
`conversation?
` A. It was with respect to a patent
`allowance where we needed his signature on an
`assignment.
` Q. And have you, aside from speaking
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`5 (Pages 17 to 20)
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`with him, have you been in e-mail communication,
`for example?
` A. Only with regard to that specific
`assignment.
` Q. Okay. David Marran, does David
`Marran still work at RainDance?
` A. No, he does not.
` Q. Do you know where David Marran works
`now?
` A. Not with certainty. Like with
`Michael Weiner, I believe that David Marran now
`works at a company called -- well, it was Ion
`Torrent, which became Life Technologies, which,
`of course, became now Thermo Fisher, and I
`believe he is still there.
` Q. Have you been in communication with
`David Marran since he left RainDance?
` A. I'm trying to think if we've spoken
`or not. We may have, but it would have been,
`call it -- and I'm just estimating, because I
`don't recall exactly, but something like four or
`five years ago.
` Q. Okay. And was that in person or by
`e-mail, do you recall?
` A. That was by phone. And there might
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`have been some e-mail exchange around that.
` Q. Okay. And Jonathan Rothberg, is
`Jonathan Rothberg still at RainDance?
` A. No, he's not.
` Q. Do you know where Jonathan Rothberg
`works now?
` A. Jonathan was involved in starting
`quite a number of different companies, and he's
`now started a group of companies down in
`Connecticut. I don't recall the exact name of
`that group, but I can get that information.
` Q. Okay. Do you stay in contact with
`Jonathan Rothberg?
` A. Not routinely, no, I do not.
` Q. Have you communicated with him since
`he have left RainDance?
` A. I've run into him at different
`scientific conferences, and we've exchanged
`conversations in the hallway, at conferences,
`outside on the patio at the conferences. We've
`had that level of communication about his family,
`about his children, about my family and children.
`Those were the discussions, but only at that
`level.
` Q. Okay. Do you know the job title
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`

`
`DARREN R LINK, PHD
`June 16, 2016
`
`21
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`Michael Weiner had at RainDance?
` A. His title was vice-president.
` Q. For David Marran, do you know what
`David Marran's title was?
` A. He was senior scientist.
` Q. And Jonathan Rothberg, do you know
`what his title was at RainDance?
` A. His title changed over time with
`RainDance. When we founded the company, he was
`our angel investor. Initially he didn't have an
`official title with the company, but as we took
`outside investment, venture capital investment,
`Jonathan took the role as chairman of the board.
` And then as we were moving forward
`for some period of time, he also took the title
`as acting CEO while we were conducting the search
`for the first CEO.
` Q. Earlier you mentioned that you had
`held several titles at RainDance, including your
`current one, chief technical officer?
` A. Correct.
` Q. Could you list for me the various
`titles that you've had at RainDance?
` A. I can do my best.
` Q. That's all I'm asking for.
`
`22
`
` A. Okay. So when we founded the
`company, I reported to Jonathan as our investor,
`and I took the title of vice-president of
`microfluidic -- I don't remember if we used the
`modifier of engineering or microfluidic
`technologies. This was 2004, so I don't remember
`the exact title that I used.
` At that time the company -- I was
`hiring the very first employees, and so those
`were all technical people, people who were
`involved in chemistry, microfluidics, optics,
`mechanical design, people like Dave Marran.
` As the company grew, and we were
`making decisions on starting to have an
`engineering effort to design instrumentation, my
`title changed to senior VP of engineering, and I
`hired a VP of engineering and manufacturing who
`reported to me.
` After that, the company, again, took
`the venture capital funding, moved the company
`from Connecticut to Massachusetts. I'm trying to
`think, but I believe that the next change to my
`title was to vice-president of research and
`development, and that happened as part of the
`decision of our CEO, Roopom Banerjee, he wanted
`
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`6 (Pages 21 to 24)
`23
`to homogenize titles. So my title changed at
`that point.
` Then later as a promotion, I was
`promoted to the title of chief technology
`officer.
` Q. Do you know Todd Squires?
` A. Yes, I do.
` Q. When did you last communicate with
`Todd Squires?
` A. In conjunction with our attorneys and
`with respect to this litigation with 10X, I sent
`him one e-mail question with regard to a
`technical question that I had.
` Q. I'm sorry, just so I understand, was
`that separate from this proceeding or you
`understand the patents are in litigation as well?
`Was it part of the litigation, this IPR, or was
`this communication separate from that?
` MR. WALTER: Objection to form.
` A. It was with respect to an IPR
`proceeding.
` Q. And when was that communication,
`roughly, can you remember?
` A. I'm trying to think to give you an
`accurate answer. I believe it was about two
`
`24
`months ago. So I would say in the April time
`frame, roughly.
` Q. Was this an e-mail exchange between
`just you and Todd Squires or were there other
`people on the e-mail?
` A. Our attorneys were copied, including
`Derek Walters.
` Q. Do you know that Dr. Squires
`submitted a declaration in this IPR proceeding?
` A. Yes, I do know that.
` Q. Did you review Dr. Squires'
`declaration?
` A. So I -- oh, his declaration? Not in
`detail, no, I did not. I'm familiar with it. I
`familiarized myself with it a bit, but I didn't
`go through all of the details of it.
` Q. When did you review Dr. Squires'
`declaration?
` A. When it was first submitted.
` Q. So after it had been filed with the
`patent office or before it had been filed with
`the patent office?
` A. Right around that time, it would have
`most likely been a day or two before it was
`submitted.
`
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`

`
`DARREN R LINK, PHD
`June 16, 2016
`
`25
`
` Q. Did you review Dr. Squires'
`declaration before signing your declaration?
` A. I'm trying to remember the exact
`order of events. I don't believe so, but I don't
`remember exactly.
` Q. Okay. Do you know that Dr. Squires
`was deposed in this proceeding?
` A. Yes, I do know that.
` Q. Did you read Dr. Squires' deposition
`transcript?
` A. I did read it yesterday morning on
`the train on my way in. I didn't study it in
`detail, but it was relatively short, so I was
`able to read it.
` Q. I'm not going to ask for substance
`here. I just want to know whether something
`happened.
` Did you discuss the Squires
`deposition transcript with your attorneys? I
`don't want any substance. I just want to know if
`the discussion happened.
` MR. WALTER: That's an improper
`question. I'm going to instruct the witness not
`to answer.
` DR. STERLING: I'm just asking for a
`
`26
`
`high level.
` MR. WALTER: I'm going to instruct
`the witness not to answer.
` Q. Did you meet with your attorneys to
`prepare for this deposition?
` A. I met with my attorneys yesterday,
`yes.
` Q. How long did you meet with your
`attorneys for?
` A. Roughly eight hours.
` Q. What documents did you review when
`you were preparing for your deposition today?
` A. In preparing for the deposition
`today, I reviewed my declaration. I reread that.
`And I also reviewed the Patent Owner's response.
` Then I looked at, of course, the '430
`patent. I did not reread all of the Link
`reference. Only the sections that were
`referenced in the various different documents
`that I read.
` For better or worse, it's a very long
`document, and I feel like I -- because I lived
`through all of that and all of those experiments
`and all of that, you know, development of all of
`that technology and the writing of it, I feel
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`7 (Pages 25 to 28)
`27
`
`like I'm very familiar with it.
` So in rereading those sections that
`are referenced, they refreshed my memory.
` Q. Did you review any other documents in
`preparation for your deposition today?
` A. No, I did not.
` Q. And I believe you said you spent
`eight hours with your attorneys yesterday in
`preparation?
` A. That is correct, yes.
` Q. Did you spend any time not with your
`attorneys working towards preparation for your
`deposition?
` A. Yes, I did.
` Q. How many hours, roughly?
` A. I'm not a fast reader. I probably
`spent four to eight hours.
` Q. And in that preparation, did you
`review any documents other than your declaration,
`the Patent Owner response, the '430 patent, and
`the Link application and the Squires deposition
`transcript?
` A. Those were the only documents that I
`looked at. It's hard to say that I really looked
`at the Squires deposition. It was just reading
`
`28
`
`it. I didn't study it in any length.
` Q. Understood. Did you prepare your
`declaration?
` A. So I worked with Derek Walters in
`preparing it. I described everything in detail
`to Derek. Derek prepared a first draft. I
`rewrote large sections of it to make it -- you
`know, things that weren't accurately captured
`from our conversation, I rewrote it so it was
`completely accurate.
` Q. Roughly how many hours did you spend
`working on your declaration?
` A. I would estimate four hours.
` Q. Aside from working on your
`declaration or preparing for this deposition, do
`you know roughly how much time you've spent on
`this proceeding as a whole?
` A. No, I do not know that. I have not
`tracked my time.
` Q. Can you give a ballpark estimate?
` A. Do you mean with respect to this
`specific IPR or are you asking me a question
`about all of the tenant litigation we're
`currently involved in?
` Q. We can start with this specific IPR,
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`DARREN R LINK, PHD
`June 16, 2016
`
`29
`
`if you can parse that out.
` A. This specific IPR, as we just
`discussed a moment ago, there was roughly eight
`hours yesterday, then another four to six hours.
` Outside of that, there was the time
`that I spent preparing the original declaration.
`I did read documents that were filed at the time
`when they were filed. That was probably another
`eight hours.
` All told, I would think that it's --
`certainly I would think under 30 hours. Probably
`in the range of 20 to 30 hours.
` Q. 20 to 30 hours separate from your
`declaration and preparation for today?
` A. No. All of it added together with
`respect to this IPR.
` Q. Okay. And how much time have you
`spent on the IPRs -- there are multiple IPRs, as
`you're aware -- as a whole?
` MR. WALTER: Objection. Scope.
` A. I would guess an additional 15 hours.
`I'm just trying to think, you know, the
`comparison. I just make that estimate as a
`comparison as to how much of my time is spent on
`this specific IPR as opposed to the whole.
`
`30
`
` It's probably in that range of a
`50/50 split. So if it's 20 to 30 hours on this,
`it's probably another 20 to 30 hours on the
`others. I'm not counting, of course, travel
`time, things like that.
` Q. Okay.
` A. I have to say it's a rough estimate.
`I don't track my time that way.
` Q. You're not an attorney, right? We
`track our time.
` A. I'm not an attorney and I don't bill
`by the hour.
` Q. Do you have some documents in front
`of you, Dr. Link. What are those documents?
` A. Yes, I do. I have the "Declaration
`of Darren Link in Support of the Patent Owner's
`Response to Petition for Inter Partes Review of
`U.S. Patent No. 8,658,430" is the title on this
`one.
` The second one that I have is the
`'430 patent, which is titled "Manipulating
`Droplet Size."
` The third one that I have is the Link
`reference, which has a publication number U.S.
`2008/0014589, and the title of that document is
`
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`8 (Pages 29 to 32)
`31
`
`"Microfluidic Devices and Methods and Use
`Thereof."
` Q. Do they have exhibit numbers on them,
`Dr. Link?
` A. Yes, they do. To give them in the
`same order that I just read the titles, the
`exhibit numbers would be 2014, the second one has
`the letters GEN 1001, and the third one has the
`letters GEN 1004.
` Q. Are they clean documents or do they
`have any of your notes on them?
` A. The only thing that's written on
`them, just as we were doing introductions, I
`wrote your names down so I wouldn't get them
`wrong.
` Q. Okay.
` A. Other than that, I don't think
`there's anything written on them.
` Q. Could you check for me, just to be
`sure?
` A. How thoroughly do you want me to
`check? Derek gave them to me this morning and
`told me that they were clean. So they haven't
`been in -- they have been in Derek's possession
`and I trust him.
`
`32
`
` Q. I'm now going to hand you a copy of
`your declaration. You have one in front of you.
` DR. STERLING: Derek, would you like
`a copy?
` MR. WALTER: Sure.
` Q. Why don't I put one here just in case
`you need it. As you just mentioned to us, this
`is your declaration in this IPR proceeding, and
`it's previously been marked as Exhibit 2014.
` A. Yes.
` Q. Is there anything in your declaration
`that you'd like to change before we get started,
`change or correct?
` A. No, there's not.
` Q. So you stand by this declaration
`still?
` A. Yes, I do.
` Q. Okay. On Page 3 of your declaration,
`there's a paragraph numbered Paragraph 6. Do you
`see that paragraph?
` A. Yes, I do.
` Q. On that last line on Page 3, there's
`a sentence that begins in the middle of that
`line, "Finally, all real world scenarios involve
`customers putting their reagents into the
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`DARREN R LINK, PHD
`June 16, 2016
`
`33
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`devices."
` Do you see that sentence?
` A. Yes, I do.
` Q. What do you mean by "real world
`scenarios"?
` A. Can I take just a minute to read the
`context around this?
` Q. Of course. Take your time.
` A. Okay.
` Q. Do you want the question again?
` A. No. I think I understand it. I
`remember it. You were asking me what I meant