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

Case 3:00-cv-00705-CFD Document 141-5 Filed 04/01/2005 Page 1 012
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1 UNITED STATES DISTRICT COURT
2 DISTRICT OF CONNECTICUT
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5 In Re _
6 PE CORPORATION
7 SECURITIES LITIGATION MASTER FILE NO.
8 3:O0CV—705 (CFD)
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, W 13 Videotaped deposition of Tony Lee White
14 taken in accordance with the Federal Rules of Civil
15 Procedure at the offices of Applera Corporation, 301
16 Merritt Seven, Norwalk, Connecticut, Before Holly M.
17 Murphy, a Licensed Shorthand Reporter and Notary
18 Public, in and for the State of Connecticut at 9:30 AM
19 on October 20, 2004.
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Case 3 :00-cv-00705-CFD Document 141 -5 Filed 04/01 /2005 Page 2 of 2
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1 A. No. l a sentence, I think it's the second to last complete
2 MR. WEISS: Let's take a quick break here. 2 sentence.
3 1 don't think I have much left. 3 It says: Celera Genomics group's ability to
4 (Whereupon there was a brief recess in the 4 retain its existing customers and attract new
5 proceedings.) 5 customers is heavily dependent upon the completion of
6 BY MR. WEISS: 6 the sequencing and assembly ofthe human genome within
7 Q. With respect to the patenting issue we 7 the expected time frames.
8 discussed earlier and the difference of opinion 8 Was that an accurate statement at the time to
9 between Mr. Millman and Dr. Venter, to your knowledge 9 your knowledge?
10 did Celera have the ability to locate commercially 10 A. At the time?
ll useful genes at the time of the dispute between -- not 11 Q. Yes.
12 dispute, but the different opinions voiced by 12 A. Yes.
13 Dr. Venter and Mr. Millman? 13 Q. Why was Celera's ability to retain its
14 A. Based on my understanding of the 14 customers and attract new customers heavily dependent
15 technology, 1 would think not. But I'm really not 15 upon timely completion of the sequencing?
I6 qualified to answer that. 16 A. Because our customers, we create an
17 MR. WEISS: Mark this as Exhibit 16. 17 expectation with our customers that that's what we
18 (Whereupon, Plaintiffs Exhibit No. 16 was 18 were going to do.
19 marked for identification.) 19 Q. Did you know at this point what expectation
20 BY MR. WEISS: 20 Celera's customer had for the completion of the
21 Q. For identification, Exhibit 16 bears Bates 21 sequencing and assembly ofthe genome?
22 range CG000O31 through 154. Before we get to the 22 A. I don't really recall, no.
23 prospectus, Mr. White, at the time ofthe two opinions 23 Q. Tum to the bottom of page 38 of the
24 voiced by Mr. Millman and Dr. Venter, did Celera have 24 prospectus which is 00068. If you could just take a
25 the ability to determine the functionality of a 25 moment to read the paragraph that starts on that page
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1 particular gene? 1 and includes the top of the following page that
2 A. I don't think so. I think that there were 2 begins: The Celera Genomics group intends.
3 gene families that people had theories about, but 3 A. Okay.
4 we‘re pretty early in the technology at that point. 4 Q. That paragraph talks about integrating
S Did Celera have that capacity by the time 5 Celera's proprietary information with information from
6 ofthe secondary offering? 6 external sources.
7 A. It's not like flipping a switch. It's an 7 What extemal sources were contemplated at
8 evolving science. So I would say by the time of the 8 this time?
9 secondary offering, it evolved a little bit. But no. 9 A. I believe they were extemal sources such I
10 I don't think that's, you can’t just look at 10 as other publicly available data bases like GenBank
11 a gene and say, "Oh, I know what it does." Hell, you 11 for example.
12 still carft do that. 12 Q. If you turn to page 40 of the prospectus,
13 Q. Starting on page eight of the prospectus 13 page 00070 and take a moment to read the paragraph
14 which is CGOOO38, there'S a listing of risk factors in I4 regarding access to comprehensive genomic sequence
15 connection with the offer. 15 information unavailable elsewhere?
16 A. Yes. 16 A. All right.
17 Q. Did you play any role in the drafting of 17 Q. Was a component of Celera's business model
18 those risk factors? 18 at this time providing its customers with access to
19 A. I reviewed the drafts, I didrft draft it, 19 comprehensive genomic sequence information unavailable
20 Q. Do you recall making any specific -- 20 elsewhere?
21 A. No. 21 A. Yes, I think so.
22 Q. Let me just finish. Any specific comments 22 Q. What type of genomic sequence infomation
23 regarding any specific risk factors? 23 would that be'?
24 A. No. 24 A. The sequences that we derived from our
25 Q. Tu1·n to the bottom of page eight. There's 25 sequencing efforts and the assembly ofthe genome that
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