FURMAN et al. V. BELLEAU et al. - Page 18





                           12 December 2000 from Dr. Korba that is said to show that certain tested                     
                           samples, including BCH- 189, exhibited anti-HBV activity. (Exh.2019),                        
                     51. Dr. Biron testified that she received the report from Dr. Korba on 12 Deccrer                  
                           1990. (Exh. 2050 at 17).                                                                     
                     52. Furman has submitted evidence that appears to be a report dated                                
                           14 December 2000 from Dr. Korba that is said to show that certain tested                     
                           samples, including BCH- 189, exhibited anti-HBV activity. (Exh.2014).                        
                     53. Ms. Kondy testified that she received the report from Dr. Korba on                             
                           14 December 1990. (Exh. 2052 at 18).                                                         
                     54. Dr. Biron and Ms. Kondy each testified that she prepared a memorandum                          
                           reporting the anti-HBV activity of several compounds, including                              
                           BCH-189. (Exh. 2050 at 18 and Exh. 2052 at ý 8).                                             
                     55. Furman has submitted evidence that appears to be a memorandum dated                            
                           28 December 1990. The memorandum indicates that BCH-l 89                                     
                           demonstrated anti-HBV activity in Dr. Korba's test. (Exh. 2015).                             
                     56. The Furman inventors are listed on the distribution list for the memorandum.                   
                           (Exh. 2015).                                                                                 
                     57. Dr. Furman did not testify that he received or read the memorandum.                            
                     58. Ms. Kondy testified that "sometimes" she or Dr. Biron would verbally                           
                           communicate test results to chemists who submitted compounds for testing.                    
                           (Exh. 2052 at 15). However, Ms. Kondy did not testify that either of the Fur-man             
                           inventors submitted BCH-1 89 for anti-HBV testing or that she verbally                       

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