FURMAN et al. V. BELLEAU et al. - Page 12





                    (B) The BCH- 189 was tested for anti-HIV activity in 1989 and was found to be very                
             active. (Exh. 2049 at 15).                                                                               
                    (C) From October of 1989 to the end of 1990, Dr. Korba worked as a consultalt for                 
             BW, developing and operating an anti-HBV testing program. The Furman inventors discussed                 
             that they "should test compounds in Dr. Korba's anti-HBV screen that exhibit activity against            
             HfV" because "of similarities in the active sites of the reverse transcriptase enzyme of Hl`V and        
             the polymerase enzyme of HBV." (Exh. 2049 at tT 4, 6).                                                   
                    (D) Once it was learned that BCH- 189 was active against HIV (in 1989), the Furman                
             inventors discussed sending BCH- 189 to Dr. Korba for anti-HBV testing since "the compound               
             could exhibit activity against hepatitis B." (Exh. 2049 at T 7) .6                                       

                    (E) In autumn of 1989, the Furman inventors had discussions with Dr. Liotta while                 
             attending a virology conference regarding Dr. Liotta's synthesis of nucleoside analogs.                  
             (Exh. 2049 at 18).                                                                                       
                    (F) The Furman inventors suggested that Dr. Liotta submit any nucleoside analogs he               
             synthesized to BW for testing for antiviral activity. (Exh. 2049 at ý 8).                                
                    (G) Dr. Furman did not mention the possibility of Dr. Korba's anti-HBV test to                    
             Dr. Liotta but did mention BW's "anti-HfV, anti-HSV, and anti-CMV screens". , (Exh. 2049                 
             at 19).                                                                                                  



                    6 We have not been directed to evidence indicating that the sample of BCH- 189                    
             from BioChem Pharma was ever tested for anti-HBV activity.                                               
                    7 We understand HrV to be human immunodeficiency virus, HSV to be herpes                          
             simplex virus, and CNN to be cytornegalovirus.                                                           
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