their structure, since the identify of the Liotta samples was unknown to the Furman inventors at
the time. (FFs 241-L and 33A).
Ms. Kond 's testinion
Shelia (Smith) Kondy testified that she sent samples "from George Painter to Dr. Korba
for HBV testing". Ms. Kondy's testimony does not say why she sent BCH- 189 for the testing.
For example, Ms. Kondy's testimony does not state that either of the Furman inventors asked her
to send BCH- 189 for anti-HBV testing.
We note that Ms. Kondy's notebook entry dated 31 October 1990 contains a notation
"from G. Painter" under which are listed six compounds, one of which is BCH- 189. (FF47).
Ms. Kondy's notebook entry is consistent with other evidence indicating that BCH- 189 was
received into BW by Dr. Painter (e.g., FFs 241 and 33A) and thus was "from G. Painter".
However, the notebook entry is not sufficient to show that a Funnan inventor explicitly asked
Ms. Kondy to send BCH- 189 for anti-HBV testing. Furman does not argue that and therefore we
will not speculate as to whether Ms. Kondy sent BCH- 189 to Dr. Korba at the implicit request of
a Furman inventor.
Dr. Biron's testimony
Karen Biron testified that she would conduct a meeting to discuss "sample priority" since
there were a limited number of samples that could be tested by Dr. Korba at any time. (FF 40).
In her testimony, Dr. Biron refers to a memorandum dated 13 October 1989. (FF 41-42). The
memorandum states that "[flhere will be a meeting to select the next ten compounds for testing
against human HBV by Brent Korba of Georgetown". Neither Dr. Painter nor Dr. Furman is on
the distribution list found at the bottom of the memorandum. It is not clear to us if the
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