Interference 103,781
p. 1088, l. 16-24). Fischhoff testified (FPB 66-67):
. . . By the end of October 1986, we had this firm idea
in mind and actually wrote it down.
(MR 0467, Delaware II trial transcript, p. 1931, l. 7-22). The
basis for the October 30, 1986, date is the following testimony
and supporting evidence (FPB 67):
Dr. Fischhoff testified that MDX 1427 (See also MDX 1197,
1460) and MDX 1478 (See also 1190, 1199, 1455) are the
directory listing from the VACS [sic] computer system that
indicates that a document called “ATRICH.DIS” was created
by Dr. Fischhoff on October 30th, 1986, and the document
itself as printed out from the Monsanto computer system.
(MR 0467-0468, Delaware II trial transcript, p. 1931, l. 24, to
p. 1932, l. 11). Ultimately, Dr. Fischhoff testified (FPB 68):
I discussed it [the October 30th memo, MDX 1478](See also
1190, 1199, 1455) with others, but I was the one who
actually drafted it and put the words to paper. It was
pretty widely distributed.
(MR 0446, Delaware I trial transcript, p. 1090, l. 2-12).
We find sufficient testimony by Monsanto’s employees to
corroborate the fact that the content of the written memorandum,
if not the written memorandum itself, was distributed in-house or
otherwise communicated to persons working for Monsanto who would
have been interested in its subject matter. For example, Dr.
Stephen Rogers, Dr. Fischhoff’s group leader, testified (FPB 88):
[I]n our meeting [around September or October of 1986]
. . . I asked him[, Dr. David Fischhoff,] to put together
a –- kind of a summary plan, the thinking that had gone
into where we were going and what kind of things we might
be doing. And so David prepared this memo that did
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