Interference No. 104,021 Paper No. 112
Griffin v. Bertina Page 7
F17. Whether the FV7 sequencing gels clearly show the nt 1691 point mutation for LS
is a point of considerable contention.8 We assume, without deciding, that Drs. Griffin and
Greengard could have read the sequencing gels and identified the nt 1691 point mutation with
reasonable9 certainty.
F18. Dr. Griffin testified (G030):
15. I recall that I discussed with Dr. Judy Greengard prior to
our weekly laboratory meeting on December 2, 1993, her findings of a G
to A nucleotide mutation at position [1691] of [LS's] genomic DNA.
F19. Dr. Greengard testified (G023):
25. I read the sequencing films, GRIFFIN EXHIBITS
1023 and 1024, after the Thanksgiving holiday in November 1993, but
before our weekly Laboratory Meeting which was held on Tuesday,
December 2, 1993.
26. During my reading of these sequencing films, GRIFFIN
EXHIBITS 1023 and 1024, I had noted a G to A mutation in the genomic
DNA of LS at nucleotide position [1691] and discussed this finding with
Dr. Griffin prior to the aforementioned weekly Laboratory Meeting on
December 2, 1993.
F20. Fernandez testified (G036):
9. That prior [to] going to the American Society of
Hematology meeting in St. Louis, MO held December 3 to December 7,
1993, he [Fernandez] learned from Dr. Greengard that a G to A mutation
had been found at nucleotide 205 of exon 10.
8 In summary, Bertina's se mi-independe nt, experience d expert (van G emen) testified tha t the gels are too
unclear to read with certainty. Griffin's high ly experienced expert, who works f or Griffin's real par ty-in-interest,
(Sutcliffe) testified that the gels were typical of 1993 sequencing gels and were readily understandable although they
might be difficult for one unskilled to read. Gr iffin has not pointed us to any testimony on the level of skill of the G riffin
inventors at reading sequencing gels or any details about how they went about deciphering the gels.
9 Griffin's expert Sutcliffe distinguished between being confident that he "knew" the sequence and being
sufficiently certain to publish the result (G179).
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: November 3, 2007