FURMAN et al. V. BELLEAU et al. - Page 13





                    (H) Dr. Furman does not recall Dr. Liotta requesting testing for anti-14BV activity.              
             (Exh. 2049 at 19).                                                                                       
                    (1) On 17 or 18 July of 1990, ' Dr. Liotta sent a group of structurally unidentified              
             compounds marked DCL-01 through DCL-16 ("the Liotta samples") to Dr. Painter. (Exh. 2049                 
             at IT 11, 12).                                                                                           
                    (J) The Furman inventors discussed sending the Liotta samples for anti-HBV testing                
             after the compounds had been screened for anti-HIV activity. (Exh. 2049 at 113).                         
                    (K) Thereafter, the Furman inventors learned four of the Liotta samples exhibited anti            
             HTV activity. (Exh. 2049 at 115).                                                                        
                    (L) In mid-August of 1990, Dr. Liotta identified the Liotta samples and it turned out             
             that one of the samples exhibiting anti-HIV activity was BCH- 189. (Exh. 2049 at IT 16, 17).             
                    (M) Thereafter, the Furman inventors discussed sending the BCH-] 89 sample to                     
             Dr. Korba for anti-HBV testing. (Exh. 2049 at 116).                                                      
                    (N) At the request of the Furman inventors, BCH- 189 was sent to Dr. Korba for anti               
             HBV testing. (Exh. 2049 at 12 1).                                                                        
                    (0) Around mid-December of 1990, Dr. Korba provided a report that showed                          
             BCH-l 89 to have anti-HBV activity. (Exh. 2049 at IT 23, 24).                                            
                    (P) Dr. Furman was on the distribution list for a memorandum that summarized                      
             Dr. Korba's report. (Exh. 2049 at 124).                                                                  


                    8 There is a discrepancy between the date Dr. Liotta's letter (Exh. 2039) indicates               
             the samples were received and the date Dr. Painter's notebook (Exh. 2024) indicates the samples          
             were received. Since the one day difference is irrelevant to our decision, we need not and do not        
             attempt to resolve the discrepancy.                                                                      
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