HUANG et al. V. PRASIT et al. - Page 33




          recorded the results for SC-58394 in her notebook (Exh. 2038),              
          Koboldt did not explain the meaning of the recorded results.                
          For example, Koboldt did not explain how the values she                     
          obtained for                                                                
          SC-58394 (found in pages of her notebook (Exh. 2038)), led her              
          to conclude that SC-58394 had "good" COX-2 inhibitory                       
          selectivity  (Exh. 2029 at ¶9).  The recorded results Koboldt               
          points to (at Exh. 2038) amount to fourteen pages of tables                 
          and graphs, none of which are explained in any detail by                    
          Koboldt.                                                                    
               Koboldt also testified that compounds having good COX-2                
          inhibitory selectivity "are considered to have                              
          pharmacologically useful anti-inflammatory properties" (Exh.                
          2029 at ¶9) and that "[a]t the time of the events described                 
          below, compounds having the ability to inhibit the activity of              
          the COX-2 enzyme in vitro were understood to have anti-                     
          inflammatory utility predictive of their practical utility"                 
          (Exh. 2019 at ¶2).  Evidence of in vitro activity in                        
          combination with a known correlation between in vitro and in                
          vivo activity may be sufficient to establish a practical                    
          utility.  Fujikawa v. Wattanasin, 93 F.3d at 1565, 39 USPQ2d                
          at 1900; however, Koboldt's testimony does not credibly                     
          establish a known correlation between in vitro and in vivo                  

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