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  • Writer's pictureShelly Albaum

PTAB: Elysium to Depose CDXC Expert Aug 2

Elysium's counsel in the PTAB matter (Foley, not Skadden) yesterday noticed its upcoming deposition of ChromaDex's expert, Dr. Sunny Zhou. You can read the notice here:

You can read Dr. Zhou's prior testimony here -- this is what Elysium will cross-examine him about.

Elysium's expert, Dr. Baur, didn't perform well for Elysium during his cross-examination, essentially conceding the primary elements of ChromaDex's case, so ChromaDex can rely on Elysium's own expert to prove much of its case. We analyzed that here.

We'll see if Dr. Zhou does better. When the transcript is up, we'll post it.

For convenience, I have reproduced the "Qualifications" portion of Dr. Zhou's deposition below (Part 2, Paragraphs 5-12):

II. Qualifications

5. A summary of my qualifications is provided below and a complete identification of my qualifications is provided in my current curriculum vitae, which is attached as Exhibit A.

6. Since 1989, my research has been at the interface of chemistry and biology. After receiving my B.S. degree in Chemistry from Peking University in Beijing, China in 1990, I worked as a research scientist on the isolation, analysis and formulation of natural products from traditional Chinese medicines at the Academy of Traditional Chinese Medicine and Materia Medica, Changchun, Jilin, China. In 1997, I received a Ph.D. in Bioorganic Chemistry from The Scripps Research Institute, La Jolla, California. I also served as a Research Fellow in the Department of Biological Chemistry and Biophysics Division at the University of Michigan, Ann Arbor, Michigan from 1997-2000.

7. I have been a professor for over 17 years. From 2000 to 2006, I was an Assistant and Associate Professor in the Department of Chemistry, and a Graduate Faculty in the Program in Pharmacology and Toxicology at Washington State University, Pullman, Washington. Currently I am a tenured professor in the Department of Chemistry and Chemical Biology, a Faculty Fellow in the Barnett Institute for Chemical and Biological Analysis, and affiliated member of the Department of Biology, at Northeastern University in Boston, Massachusetts.

8. Because of the nature of my work, almost all of my work in the past 27 years has involved enzymes and the related chemical biology (e.g., aging). In particular, I have studied many natural products and the related biochemistry, including vitamins (e.g., niacin, vitamin B3; folic acid, vitamin B9; and cobalamin, vitamin B12; and ascorbic acid, vitamin C) and naturally existing metabolites (e.g., S-adenosyl-methionine, AdoMet, SAM, which is sold as a nutritional supplement under the name SAM-e).

9. I have published more than 45 peer-reviewed articles in the areas of chemistry, biochemistry, and enzymology. As relevant to this case, I have published in the following peer-reviewed journals: Amino Acids, Analytical Chemistry, Analytical Biochemistry, BMC Microbiology, Biochemistry, Experimental Biology and Medicine, Journal of the American Chemical Society, Journal of Biological Chemistry, Journal of Pharmaceutical Science, Natural Product Communications, and others.

10. I have received grants from a number of different sources, including the Department of Defense (DoD), the National Institutes of Health (NIH), the National Science Foundation (NSF), the American Heart Association (AHA), the Autism Research Institute, and the Food and Drug Administration of China (cFDA). I have also received support from industry sources, including Amgen, Colgate Palmolive, and the Novartis Institutes for Biomedical Research.

11. Currently, I serve as an editor or editorial board member for several scientific journals. I have been a reviewer for more than 155 manuscripts in a broad range of peer-reviewed journals and over 100 proposals for the NIH, the NSF and other funding agencies, including Small Business Innovation Research/Small Business Technology Transfer (SBIR/STTR) grants, in the fields of biochemistry, biological chemistry, enzymology, natural products and drug development. In addition, I am a co-inventor on a number of patent applications.

12. In addition to my academic research, I have also focused my research on drug discovery and development, closely collaborating with the pharmaceutical industry and regulatory agencies. I have also served as an instructor at the Biopharmaceutical Analysis Training Laboratory at Northeastern University, and have taught various workshops on drug development to academic researchers, scientists working in the biopharmaceutical industry, and officers from regulatory agencies including the U.S. Food and Drug Administration (FDA) and foreign countries (e.g., China and Singapore). I also serve on the Advisory Board of the Chinese-American BioMedical Association (CABA). Moreover, I have served as an expert witness in a number of legal proceedings on pharmaceuticals and nutritional supplements (e.g., SAM-e, a natural metabolite and substrate for multiple enzymes).

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