BAI et al v. LAIKO et al - Page 48




                Interference No. 104,745                                                                                                      

                plasma cartridge and $300 for the junction box and cable, yielding a total of $2,095.   Ferreira                              
                Decl. (LX 1058) ¶ 7.  Ms. Ferreira testified that in accordance with customary and routine                                    
                practice, Laser Science would have contacted Dr. Baldwin on the same day as the evaluation                                    
                (i.e., Friday, 19 December) or on the next business day (i.e., Monday, 22 December).  Id. at 8.                               
                That this contact occurred no later than 23 December is evident from an e-mail (LX 1064) on                                   
                that date from Dr. Baldwin to Marilyn Schwartz ("mars@itsa.ucsf.edu"), who was the Executive                                  
                Director of the UCSF Mass Spectrometry Facility and was responsible for the financial                                         
                management, operation, and maintenance of Dr. Burlingame's lab facilities.  Schwartz Decl.                                    
                (LX 1062) ¶ 3.  The text of this e-mail, which was also copied to "alb@itsa.ucsf.edu"                                         
                (presumably Dr. Burlingame) and "fredw @itsa.ucsf.edu" (presumably Mr. Wells) is as follows:                                  
                         Marilyn,                                                                                                             
                         There are several projects that need a laser other than one on an existing                                           
                         instrument.  The prospective users include Victor Talrose who wants to measure                                       
                         UV absorption at the precise laser wavelength for his MALDI studies on                                               
                         explosives, Viktor [sic] Laiko who wants to develop a novel laser ionization                                         
                         source for Mariner 1," and Fred who wants to investigate laser ionization for the                                    
                         Concept.  We have a nitrogen laser from Laser Science originally bought for                                          
                         Adrian that is not working.  We sent it back for evaluation and they have told us it                                 
                         can be repaired for about $2,100.  This should then be as good as a new laser that                                   
                         would cost about $6,400.                                                                                             
                         Is this OK?                                                                                                          
                         Mike                                                                                                                 
                Id.  Dr. Baldwin testified that of the three projects identified in this e-mail, Dr. Laiko's had the                          
                highest priority.  Baldwin Depo., LR 248, l. 11 to LR 249, l. 6.  Bai does not dispute this                                   
                contention.                                                                                                                   

                                                                   - 48 -                                                                     





Page:  Previous  41  42  43  44  45  46  47  48  49  50  51  52  53  54  55  Next 

Last modified: November 3, 2007