BAI et al v. LAIKO et al - Page 60




                Interference No. 104,745                                                                                                      

                [other] activities most -- most of the day most days.  He would have a certain amount of free                                 
                time when he could do some of these activities," Baldwin Depo., LR 262, ll. 19-22, and that Dr.                               
                Laiko was essentially limited to working on the AP-MALDI project at night and on the                                          
                weekends for the following two reasons:                                                                                       
                                 A.   . . . One is his duties were -- were primarily to carry out LCMS                                        
                         experiments, and the second reason is that those LCMS experiments were on the                                        
                         Mariner mass spectrometer that he was requiring for the AP-MALDI experiments,                                        
                         and specifically that was operated with electrospray ionization; therefore, it was                                   
                         impossible to do anything with the ionization region while it was in use during the                                  
                         day.                                                                                                                 
                Baldwin Depo., LR 257, l. 23 to LR 258, l. 5.  Likewise, Dr. Burlingame explained that Dr.                                    
                Laiko was hired to operate the Mariner 1 mass spectrometer and get data for people on a LCMS,                                 
                Burlingame Depo., LR 421, ll. 15-19, and also testified:                                                                      
                                 A.  Yes, I told Laiko -- maybe I haven't said this before, but, you know --                                  
                         that he could use time in other than the 40-hour week to devote as much                                              
                         additional time as he -- as he wished to trying to make AP-MALDI work, but that                                      
                         I didn't want that to interfere with this kind of activity.                                                          
                Burlingame Depo., LR 423, l. 21 to LR 424, l. 1.  Furthermore, a 12 March 1998 e-mail                                         
                (LX 1083) to Dr. Burlingame from a David Maltby, who did not testify, complained that Dr.                                     
                Laiko was spending too much time on the AP-MALDI project, which the e-mail refers to as                                       
                interfacing the laser with the Mariner 1:                                                                                     
                                 Victor has been doing an excellent job running Mariner 1 and getting data                                    
                         for people on LCMS.  He is not spending enough time, however, in familiarizing                                       
                         himself with the intricacies of protein digests and data interpretation.  Kati has                                   
                         given him some digests to run and interpret but he hasn't followed through on it                                     
                         yet.  He also is being laggard in his running of the samples from Les in Almira                                      
                         Correia's lab.  I have to keep on him to take care of those in a timely fashion.                                     
                         Victor is spending time on Mariner 1 trying to interface the laser to it for mass                                    

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