Free Reply Brief - District Court of Delaware - Delaware

Case 1:04-cv-01231-SLR

Document 134-2

Filed 01/30/2006

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EXHIBIT 1

Case 1:04-cv-01231-SLR

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Filed 01/30/2006

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Sims.txt 1 1 2 08:52:47 3 4 09:16:28 09:16:28 09:16:32 09:16:33 09:16:35 5 6 7 8 9 A. Q. Q. DIRECT EXAMINATION BY MR. LENNON: Doctor Sims, could you please state your full name for the records? Nathan Merriman Sims. Okay. Doctor Sims, you understand that ROUGH DRAFT DEPOSITION OF NATHANIEL M. SIMS.

09:16:38 10 09:16:41 11 09:16:42 12 09:16:43 13 09:16:47 14 09:16:49 15 09:16:50 16 09:16:50 17 09:16:53 18 09:16:53 19 09:16:56 20 09:16:57 21 09:17:02 22 09:17:04 23 09:17:08 24 09:17:13 25 A. Q. A. Q. A. Q. A. A. Q.

you're here to testify as a technical expert on behalf of Radianse? That's correct. And that you'll be providing opinion testimony as well as fact testimony for Radianse? That's correct. Have you ever been deposed before? Yes, I have. How many times have you been deposed before? I believe only once. And what was the matter? It was approximately ten years ago. It was

in connection with a medical malpractice suit. I was a technical expert for one of

the parties. ALDERSON REPORTING 2

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Q.

Can you just say generally what the technical area was that you were? Page 1

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Sims.txt 127 14:13:56 14:13:59 14:14:04 14:14:06 14:14:14 14:14:16 14:14:20 14:14:20 14:14:23 1 2 3 4 5 6 7 8 9 Q. A. It feels like you're putting words in my mouth that don't seem relevant to the topic, so it's hard for me to engage with your question in providing a yes or a no to what you're adding to what's already been written which I, in my opinion, as an expert is clear. Okay, so just to make it clear, he's not giving an answer on the record. move on through. MR. REPPERT: Let me just say that Let's just

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he has given answers to every question. He's been asked substantively in the questions he's been asked about ten times or fifteen times the same questions and he's given the same answer. Now you asserted that you and doctor Welch conceived of the inventions claimed in the 363 patent prior to the filing of the 791 patent, is that correct? Yes, we have asserted that we can swear behind our own filing date relative to the due diligence of the work that was required to -- before the patent was filed. Do you plan to produce any additional ALDERSON REPORTING 128

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documents to corroborate your assertion that you would conceived of this invention prior Page 113

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Sims.txt 14:15:38 14:15:47 14:15:47 14:15:47 14:15:49 14:15:49 14:15:53 3 4 5 6 7 8 9 Q. A. Q. A. to the filing of the 791 patent? We could. Currently do you have any plans to do so? They would be responsive to some sense of need to do so. Do you know of any plan right as we speak right now to -- for you to further produce documents? A. Nobody has asked me to further produce documents, but as with any massive project, there's almost -- there's a very large number of documents that could be produced and I wouldn't hesitate to do so, you know, should circumstances require it. Bare in

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mind there's an entire file history at fish and Richardson. There's an entire history

at Mass. General and all of the documents that I've produced are from my own personal files, so we haven't even begun to ask for the institutional files on the project. You haven't asked for anything in that capacity? I did make one request. ALDERSON REPORTING 129

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Q. A. Q. A. Q.

When was that? I don't remember. Was it within the last month? No, I suspect it was a little before that. Was it within the last two months? Page 114