Free Reply to Response to Motion - District Court of Connecticut - Connecticut

Case 3:00-cv-00705-CFD Document 141-6 Filed O4/O1/2005 Page1 of 2
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1 IN THE UNITED STATES DISTRICT COURT
' R FOR THE DISTRICT OF CONNECTICUT
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IN RE: PE CORP. SECURITIES LITIGATION
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Master File No. 3:0OCV705 (CFD)
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5 THE DEPOSITION OF ROBERT WATERSTON, MD, Ph.D
VOLUME II
6 Taken on behalf of the Plaintiffs
September 13, 2004
7 BE IT REMEMBERED THAT, pursuant to the Washington Rules of
Civil Procedure, the deposition of Robert Waterston, MD,
8 Ph.D, was taken before Judith Ann Robinson, CCR #2171, a
Certified Shorthand Reporter and a Notary Public for the
9 State of Washington on September 13, 2004, commencing at the
_‘ hour of 9:00 a.m. , the proceedings being taken at, Milberg
E 10 Weiss Law Offices, 1001 Fourth Avenue, Suite #2550, Seattle,
Washington.
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SPHERION DEPOSITION SERVICES
(212) 490-3430

Case 3 :00-cv-00705-CFD Document 141 -6 Filed 04/01 /2005 Page 2 of 2
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I Q. Do you know -- 1 filed by Celera at any time?
2 A. It's a somewhat narrow technical point, which was 2 A. I don't believe] have.
3 lost on the press but-- ° ' I 3 Q. Have you ever read an annual report of Celera to
4 Q. Right. Were there other scientists on the human 4 its shareholders at any time?
5 genome project that also shared that skepticism? 5 A. No. I don't recall that.
6 A. I think that skepticism was broadly shared. 6 Q. Did any individual associated with Celera ever
7 Q. Were there respected scientists who believed that 7 described its business plan to you personally?
8 Celera could successfully sequence the human genome by the 8 A. I think in a broad sense, it —- it was presumably
9 whole genome shotgun method? 9 part ofthe discussion at Colspring Harbor at the time that
10 MR. WEISS: Objection to the form. 10 Craig and Mike Hunkapiller made their announcement. But i
I I THE WITNESS: They certainly had people who 11 was -- it was mostly a science discussion. It wasn‘t —- we
12 ·- who supported their position. I never had any 12 didn't have an explicit debate about their business plan.
13 conversations with —- with anyone who understood the proces 13 Q. Was the discussion you just referred to, a
14 in detail and supported it. 14 presentation that Craig Venter and Mike Hunkapiller made to
I5 BY MR. REGAN: 15 an assembled audience or a one·on-one conversation you had
16 Q. Are you -- do you know who Dr. Arnold Levine is? 16 A. It was a group. It was more than a presentation.
17 A. Yes. 17 It was a broad range discussion among the participants.
18 Q. ls Dr. Levine a respected scientist in his field? 18 Q. Have you ever had a personal conversation with
19 MR. WEISS: Objection to fonn. 19 anyone affiliated at Celera -- anyone affiliated with
20 THE WITNESS: I would -- he certainly is a 20 Celera, in which that person ever described to you what
21 respected scientist in his field. 21 Celera's business plan was?
22 BY MR. REGAN: 22 A. I've -- I've only had limited contact. And those
23 Q. Do you know whether Dr. Levine believed that 23 discussions were not about the business plan, to my
24 Celera could successfully sequence the human genome by the 24 recollection.
25 whole genome shotgun method? 25 Q. Dr. Waterston, let me bring your attention to what
171 173
I A. I don't know. I -- I also don't think he is 1 was previously marked as Exhibit 13.
2 acquainted in detail with —- with the specifics ofthe 2 MR. WEISS: Just tell me the Bate's range.
3 sequencing process. 3 THE WITNESS: 343.
4 Q. Is it fair to say, in -- that in the fall of 1999, 4 MR. REGAN: Sure. It‘s 343.
5 it was a question of scientific debate whether Celera could 5 MR. WEISS: Thank you.
6 successfully subsequence genome by the whole genome shotgu 6 BY MR. REGAN:
7 method? 7 Q. Do you recall viewing Exhibit 13 during the first
8 MR. WEISS: Objection to fonn. 8 day of your deposition testimony?
9 THE WITNESS: It was a debate, sure. 9 A. I do.
10 BY MR. REGAN: 10 Q. Let me see that one second.
I I Q. I believe you testified earlier today, you had not 1 I A. (Witness complies.)
12 read the registration statement that Celera filed, in 12 Q. Exhibit 13 indicates that ·- it's an Email from
13 connection with its secondary public offering; is that 13 Francis Collins; is that correct?
14 correct? 14 A. That's correct.
15 A. That's correct. I5 Q. And that Email describes certain conversations
16 Q. Have you ever read it at any time? 16 between Dr. Amie Levine and Dr. Harold Varmus; is that
17 A. 1 don't believe I ever have. 17 correct?
18 Q. Have you ever read the prospectus that Celera 18 A. That's what it talks about, yes.
19 filed, in connection with its secondary offering at any 19 Q. Did you personally ever have any discussions with
20 time? 20 Amie Levine, regarding the shared principles document?
21 A. I don't believe I ever did. 21 A. 1 don't recall talking to Arnie before the
22 Q. Have you ever read an annual report on form 10K 22 December 29th meeting about any of this.
23 filed by Celera at any time? 23 Q. Did you personally ever have any conversations
24 A. I don't believe I ever have. 24 with Harold Varmus, prior to the December 29th meeting, in
25 Q. Have you ever read a form 10Q, a quarterly report, 25 which Dr. Varrnus described to you his meetings with
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