Interference No. 104,101
Page 19
Biological Activity of Compound 311583
F46. Mr. David E. Magee is an Assistant Senior Biologist employed by Lilly. (EX 1156, ¶ 3).
From 1992 to 1994 Mr. Magee worked in the In Vivo Pharmacology Laboratory of the Skeletal
Research Division under the supervision of Dr. Henry Bryant, a named inventor of the involved
‘434 application. (EX 1156, ¶ 4).
F47. Mr. Magee testifies that he tested compound 311583 in a blood serum cholesterol assay
between April 17-21, 1993. The protocol for the test is provided in Lilly Exhibit 1236, Bates No.
3222. Generally, the test compounds were administered to rats that were sacrificed and
measurements, including blood serum cholesterol, were analyzed against a control group. (EX
1156, ¶ 13). Documentation regarding the test data is provided in Lilly Exhibit 1237, which
indicates that dosing for a variety of compounds, including 311583, began on April 17 and ended
on April 23, 1993. The chemist said to have requested the testing is listed as Mr. Cullinan. (EX
1237, Bates No. 3225).
F48. Mr. Magee states that compound 311583 resulted in a “significant reduction of serum
cholesterol at the lowest dosage tested, 0.1 mg/kg, in the treated rats as compared to
ovariectomized rats.” (EX 1156, ¶ 16). Mr. Magee is said to have reported these results to Mr.
Henry Bryant the week that the tests were performed. (EX 1156, ¶ 16). Further, these results
were said to have been made available before the end of the week to the chemists in the Skeletal
Research Division through a computer filing network. (EX 1156, ¶ 16).
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