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 33Page: Previous 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 NextLast modified: November 3, 2007