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.
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