"expected SC-58394 to have pharmacologically useful anti-
inflammatory properties" based on test results (Exh. 2029 at
¶9). Koboldt summarized the COX-1/COX-2 assay in her
testimony. Koboldt testified that the assay provides
information on the ability of a compound to inhibit the
activity of COX-2 relative to the compound's ability to
inhibit the activity of COX-1. According to Koboldt,
compounds that have COX-2 inhibition selectivity relative to
COX-1 inhibition are considered to have pharmacologically
useful anti-inflammatory properties (Exh. 2029 at ¶8).
The Order entered 11 January 2000, states the following
(Paper 37 at 7):
j. Affidavits of expert witnesses
Affidavits expressing an opinion of an expert
must disclose the underlying facts or data upon
which the opinion is based. See Fed. R. Evid. 705
and 37 CFR §§ 1.639(b) and 1.671(b).
Opinions expressed without disclosing the
underlying facts or data may be given little, or no,
weight. See Rohm and Haas Co. v. Brotech Corp., 127
F.3d 1089, 1092, 44 USPQ2d 1459, 1462 (Fed. Cir.
1997) (nothing in the Federal Rules of Evidence or
Federal
Circuit jurisprudence requires the fact finder to
credit the unsupported assertions of an expert
witness).
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