Amgen Inc. v. F. Hoffmann-LaRoche LTD et al

Filing 1176

BRIEF by F. Hoffmann-LaRoche LTD, Roche Diagnostics GmbH, Hoffmann LaRoche Inc. Defendants' Motion in Limine to Preclude Plaintiff Amgen Inc. From Offering Testimony Concerning Assays From Fact Witness Dr. Lin Because He Lacks Personal Knowledge. (Attachments: #1 Exhibit A#2 Exhibit B)(Fleming, Thomas)

Amgen Inc. v. F. Hoffmann-LaRoche LTD et al

Doc. 1176 Att. 2

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EXHIBIT B

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30(b)(6) Deposition of Fu-Kuen Lin, Ph.D. -Volume I 3/28/2007 CONFIDENTIAL Page 1 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS AMGEN, INC., Plaintiff, v. F. HOFFMANN-LA ROCHE, LTD., a Swiss Company, ROCHE DIAGNOSTICS GmbH, a German Company, and HOFFMANN-LA ROCHE, INC., a New Jersey Corporation, Defendants. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Civil Action No. 05-CV-12237-WGY

VIDEOTAPED DEPOSITION OF FU-KUEN LIN, PH.D. VOLUME I WESTLAKE VILLAGE, CALIFORNIA MARCH 28, 2007 (This transcript contains testimony designated confidential as per Section 5(c) of the Amended Protective Order. Please treat the entire transcript in accordance with the protective order.)

Reported by: Harry Alan Palter, C.S.R. NO. 7708

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30(b)(6) Deposition of Fu-Kuen Lin, Ph.D. -Volume I 3/28/2007 CONFIDENTIAL Page 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A After we had purify the E.coli EPO --

I believe E.Coli EPO has also assay in the in vivo system, it have some activity. Q A And who did that work? That I believe was -- in vivo assay

would have been done through Joan Egrie's group -Q A Okay. -- or maybe someone else. If it's not by her, it would be by someone else outside. Because I think, at the

time, we had -- EPO assay -- part of EPO assay -- part is carried out outside. Q Now, if you continue looking down on

this column, we're still on this column, it says -- it's line -- the line numbers don't always match up perfectly, so I'll give you my best understanding, which is line 58 or 59. talks about vertebrate cells being mammalian and avian? Do you see that? Yes. How many different vertebrate cells It

did Amgen use to produce biologically active human EPO by November 30, 1984? 800.548.3668 Ext. 1

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30(b)(6) Deposition of Fu-Kuen Lin, Ph.D. -Volume I 3/28/2007 CONFIDENTIAL Page 198 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q which one? Could you read again? BY MS. BEN-AMI: Q The whole -- the section -- the RIA

for EPO, that section -A Q right? A What do you -- the very beginning, The whole section? -- where it says, "The Procedures";

"Radioimmunoassay procedures"? Q A Yes. Could I read through the whole thing

before I answer you? Q A Sure. Of course.

(Examining document). (Brief pause) Yes. Okay. My question was: Those procedures

described in column 17 under the RIA were created by Dr. Egrie; is that correct? A or not. I cannot tell you it's created by her I don't know. That's the procedure that she use. Okay. 800.548.3668 Ext. 1

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30(b)(6) Deposition of Fu-Kuen Lin, Ph.D. -Volume I 3/28/2007 CONFIDENTIAL Page 199 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 use. Q Okay. In column 18, where it talks about the monkey cDNA library construction -- do you see that? A Q A Q A Q Yes. Who did that work? Yes, I did. You did that work? Yes. Okay. And then column -- the same column, 18, B, "Colony hybridization procedures for screening monkey cDNA library" -- do you see 800.548.3668 Ext. 1 A Q A procedure? A Q No, I did not. Okay. In the -- at line 34, it says, "An erythropoietin standard was incubated." Do you see that? Yes. What was that standard? I cannot speak for her. I don't know which standard that she Did you tell her to use that

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30(b)(6) Deposition of Fu-Kuen Lin, Ph.D. -Volume I 3/28/2007 CONFIDENTIAL Page 238 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A A Q A Q A You're talking about example 7 -second part of example 7, or are you -Q Okay. Were you on example 7, second part? Yeah. Because -Oh -(Simultaneous discussion interrupted by the reporter) MS. BEN-AMI: BY MS. BEN-AMI: Q A Q Are you now looking at example 7-B? Yes. Okay. Who did that work? I believe it was Jeff Browne's group. Okay. And now let's get back to example 8. Who did that work? (Examining document) I believe this Okay.

is done by Joan Egrie's group. Q Okay. And did you tell her how to do this work that's in example 8? A Molecular biology for doing the 800.548.3668 Ext. 1

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30(b)(6) Deposition of Fu-Kuen Lin, Ph.D. -Volume I 3/28/2007 CONFIDENTIAL Page 239 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A radioimmunoassay, they would know how to carry out radioimmunoassay. I don't have to tell her how to do it, unless she have problem, come to me, or have problem arise -- any problem raise. Q A Q Did you say "raise"? Yes. "Raise." Sorry. So for doing the immunoassay, any

associate or scientist can do it. Q Okay. So that was in the common knowledge at the time? MR. MADRID: Objection.

Outside the scope of the 30(b)(6). Calls for expert testimony. THE WITNESS: commonly employed. BY MS. BEN-AMI: Q Okay. So example 9, who did that work? That's a short one. The question again? Who did the work in example 9? 800.548.3668 Ext. 1 Radioimmunoassay is

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30(b)(6) Deposition of Fu-Kuen Lin, Ph.D. -Volume I 3/28/2007 CONFIDENTIAL Page 240 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 notice. 800.548.3668 Ext. 1 A For the in vitro assay -- again, I

think -- I believe it's done by Joan Egrie's group. For the in vivo assay, I don't know at the time we already set our own in vivo system -- it's a system in-house or not. could be done by outside consultant. I think we, at one time -- some of the assay was carried out by Peter Dukes' group at the children hospital. Q So did you tell anybody how to do the It

work that was in example 9? A Oh, we know -- how to do this. I

don't have to tell them.

This is individual

who -- in charge of setting up this assay. They know how to do it. them what to do. Q These in vitro and in vivo assays I don't have to tell

that are described in example 9, those were assays that were commonly known at the time; right? A Yes. MR. MADRID: Objection.

Outside of the scope of the 30(b)(6)

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30(b)(6) Deposition of Fu-Kuen Lin, Ph.D. -Volume I 3/28/2007 CONFIDENTIAL Page 246 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 from Dr. Browne? A This is known at the time, when you

want to select cells which -- let me put it this way: This methotrexate is long -- is to -- to inhibit This is known. This

known -- is known

dihydrofolate reductase.

is the way the people use to amplify the DHFR gene, which is known at the time. Q So now, the next paragraph, which is

column 27, line 62 to column 28, line 23. Can you read that to yourself, and we'll have the same -A Q From where? The next paragraph. It goes from the bottom of column 27 around line 62 to column 28, line 24 or so -23. A (Examining document) Could you

rephrase the question, again? Q Yeah. For this paragraph that we just looked at, column 27, line 62 through column 28, line 23, who did that work? A The assay aspect was carried out by

Joan Egrie's groups. 800.548.3668 Ext. 1

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30(b)(6) Deposition of Fu-Kuen Lin, Ph.D. -Volume I 3/28/2007 CONFIDENTIAL Page 251 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Q line 44, through column 29, line 15? A I think, again, this is done -- had

to be done -- this is done by Jeff Browne's group. Q Okay. And the next paragraph relates to doing RIAs and in vivo assays. And that part was done by Dr. Egrie's group and Dr. Dukes? A Q A Could I read it -Sure. -- to be certain? Where do you -- where are you? Column 29, line 16 through 22 up

until where it says, "Amino acid sequencing." A (Examining document) Yes. The question again? That work was done by Dr. Egrie's

group and Dr. Dukes'? A The in vitro assay -- I think is done

by -- it's carried out by Jeff -- I mean Joan Egrie's group. In terms of in vivo, I think it's carried out -- still at the time carried out by Peter Dukes' group, I believe. 800.548.3668 Ext. 1

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30(b)(6) Deposition of Fu-Kuen Lin, Ph.D. -Volume I 3/28/2007 CONFIDENTIAL Page 252 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 assay. 800.548.3668 Ext. 1 Q Okay. And then it talks about the amino acid sequencing that followed? A Q A Who did that?

You mean, the sentence that follow? Yes. Okay. Let me read it. This one is -- in terms of sequencing

was done by Por Lai's group. Q So isn't it fair, Doctor, that

whenever there's protein sequencing, it's Por Lai's group; is that right? A Q Yes, that's correct. And whenever it's gene-expression

work, it's Dr. Browne's group -- Jeff Browne's group? A Q Yes, at the time for this project. Yes. And whenever it's in vitro assays -whenever it is bioassays, whether it's in vitro or in vivo, it's either Dr. Egrie's group or Peter Dukes' group? A At the time for EPO assay. I'm not talking about any other

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30(b)(6) Deposition of Fu-Kuen Lin, Ph.D. -Volume I 3/28/2007 CONFIDENTIAL Page 253 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A group. And in vivo assay at the time, I believe, was carried out by -- only by Peter Dukes' group. Q So the work that your group did was Q Right. We're just talking about -For EPO assay, it's Joan Egrie's

creating the DNA probes -- right? -- creating the DNA probes to probe for the human genomic sequence? A No. My group -MR. MADRID: Objection. Vague. Go ahead. THE WITNESS: My group is to find a Objection.

way to isolate the gene; develop the methodology to isolate the gene. just create a probe, only. BY MS. BEN-AMI: Q A Oh, I wasn't -The probe alone will not give you the So it's not

gene; it's to develop a technology which allow 800.548.3668 Ext. 1

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