including any circumstantial evidence of an independent nature, in accessing Dr. Furman's
testimony.
Dr. Painter's notebook
While Furman has not submitted testimony from Dr. Painter, Furman has submitted what
appear to be two of Dr. Painter's notebook entries. (FFs 31-37). The first witnessed notebook
entry states that the samples had been sent for HIV screening and that the Furman inventors had
discussed sending the Liotta samples "to Karen Biron HBV test" (FFs 33A-C). Both notebook
entries are consistent with Dr. Funrian's testimony that Dr. Liotta sent the Liotta samples for
anti-viral testing and with the letters from Dr. Liotta requesting anti-viral testing of the samples.
(FFs 26-29). Neither notebook entry explicitly states that the FurTnan inventors expected that any
of the Liotta samples would be active against HBV or even HfV. Neither notebook entry
indicates that either of the Furman inventors actually sent any Liotta sample for anti-HBV
testing.
It seems reasonable that the Furman inventors could have discussed sending the Liotta
samples for anti-I-IBV testing because there was an agreement between BW and Emory
University to subject the samples to anti-viral screening. (FF 30).
It could be argued that the Furman inventors would have discussed sending the Liotta
samples for anti-HBV testing because they had an expectation that the samples would be
effective as anti-HBV treatments. However, Furman has not directed us to evidence sufficiently
establishing a reason why the Furman inventors would have such an expectation. For example,
the Furman inventors would not have expected the samples to have anti-HBV activity based on
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