Evidence - Elizabeth Holmes Case Archive

Elizabeth Holmes- Case Archive

Key Evidence (7)

Government Exhibit 1776

Documents & Records

Roger Parloff's June 2014 Fortune profile of Elizabeth Holmes and Theranos, Government Exhibit 1776, was referenced in Theranos's investment materials.

Government Exhibit 5387D

Digital Evidence

A combined collection of previously introduced and additional text messages between Elizabeth Holmes and Ramesh Balwani.

Government Exhibit 1348

Government Exhibit 1348 is a recording of the December 20, 2013 Theranos investor call with selected clips 1 through 7 and F.

Government Exhibit 291

Documents & Records

An April 2010 Holmes email to Walgreens attached three purported pharmaceutical-company reports, including Theranos-prepared materials bearing pharmaceutical-company logos.

Government Exhibit 4621

Documents & Records

Redacted portions of the CMS deficiency report, also identified as the CMS Statement of Deficiencies or Form 2567, appear as Government Exhibit 4621.

Government Exhibit 4845

Documents & Records

Fedwire records labeled Government Exhibit 4845 contain investor wire-transfer information, including a December 30, 2013 transfer of $99,990 from Alan Eisenman to Theranos.

Government Exhibit 5172

Digital Evidence

Shows a cash-flow spreadsheet tracking Theranos's weekly cash position from 2011 through 2015.

Physical Evidence (3)

Edison device — An Edison device was referenced during Fabrizio Bonanni's cross-examination.

Edison device and associated test data — An Edison device and associated test data were referenced during Fabrizio Bonanni's redirect examination.

Theranos Minilab version 4.2 — A Theranos Minilab version 4.2 was referenced during Fabrizio Bonanni's cross-examination.

Photographs (11)

Government Exhibit 5388 — Shows a Theranos device identified as a Series 3 or Edison device.

Defense Exhibit 13982 — Shows a Theranos Series 4.0 device.

Defense Exhibit 15010 and 15011 — Show a Tecan robot and an early Theranos 3 Series device.

Defense Exhibit 15024 — Shows the Theranos 1.0 system and cartridge.

Defense Exhibit 15026 — Shows an early Theranos benchtop prototype.

Defense Exhibit 7746 and 7747 — Show the device that Kingshuk Das recognized as the Minilab.

Defense Exhibit 7747 — Shows a Theranos 4S device described as developed for military work.

Defense Exhibit 9790 — Shows two Theranos Minilab devices.

Government Exhibit 5389 — Shows a Siemens Advia analyzer.

Government Exhibit 5512 — Show 227 Park Lane.

Reported photograph taken inside the courtroom — Described as a reported photograph taken inside the courtroom.

Video Evidence (20)

Documentary about Theranos and the case watched by Mr. Chuang — A documentary about Elizabeth Holmes, Theranos, and the case was watched by Mr. Chuang and discussed during jury selection.

Today Show interview video featuring Elizabeth Holmes, from which the government proposed playing selected excerpts — A Today Show interview video featuring Elizabeth Holmes contained language described as concerning immediate jeopardy. The government proposed playing selected excerpts and introducing the video through Lisa Peterson for foundation, not as evidence affecting the earlier investment decision.

Government Exhibit 3152 — Contains a video clip from an April 2016 Today Show interview featuring Elizabeth Holmes.

Mad Money interview video featuring Elizabeth Holmes, from which the government proposed playing selected excerpts — Contains a Mad Money interview featuring Elizabeth Holmes from which the government proposed playing selected excerpts.

2851-1, 2851-2, and 2851-3 — Contains three Mad Money interview clips identified as 2851-1, 2851-2, and 2851-3.

60 Minutes coverage of Theranos — Contains 60 Minutes coverage of Theranos.

9819A through D — Contains four short, silent video clips labeled 9819A through D that the defense intended to use demonstratively during Bonanni's testimony.

A Theranos commercial produced in connection with the Chiat/Day campaign and played off the record — Shows a Theranos commercial produced in connection with the Chiat/Day campaign and played off the record during opening statements.

ABC News 20/20 Theranos program — Contains an ABC News 20/20 program about Theranos.

Admitted video exhibits to be omitted from the jury thumb drive and played in open court upon request — The video exhibits were to be omitted from the jury thumb drive and played in open court upon request.

Clips 2851-1, 2851-2, and 2851-3 — Contains three Mad Money video clips labeled 2851-1, 2851-2, and 2851-3.

Defense-proposed excerpts from the August 2016 AACC technology presentation and question-and-answer session — Contains defense-proposed excerpts from the August 2016 AACC technology presentation and question-and-answer session.

Exhibit 9819A — Shows a cartridge being loaded into the Minilab.

Exhibit 9819B — Shows the internal components of the Minilab.

Exhibit 9819C — Shows the Minilab's hematology operations.

Exhibit 9819D — Shows the Minilab's clinical-chemistry operations.

Television programs about Theranos testing viewed by Prospective Juror Forsberg — Contains television programs about Theranos testing viewed by Prospective Juror Forsberg.

Video segment viewed around April 2016 — Contains a video segment described as having been viewed around April 2016.

YouTube videos and a possible 20/20 or 60 Minutes program viewed by Prospective Juror Chen — Contains YouTube videos and a possible 20/20 or 60 Minutes program viewed by Prospective Juror Chen.

Audio Evidence (34)

Government Exhibit 1348 — Contains a recording of the December 20, 2013 Theranos investor call, including selected excerpts identified as clips 1 through 7 and F.

Government Exhibit 1349 — Contains audio from the December 20, 2013 Theranos investor call, with portions identified as clip 1 and A and as a continuation of the call.

Government Exhibit 5474AB2 — A May 21, 2014 Holmes-Parloff recording concerns test capacity, CPT codes, and the figures 200 and 1,000.

Recorded Holmes-Parloff interviews discussing possible future military applications — Recorded interviews capture Holmes and Parloff discussing possible future military applications.

1348 (clips 1-7 and F) — Exhibit 1348, clips 1 through 7 and F, was requested by the jury for playback in court.

1348-1 — Exhibit 1348-1 is an audio clip from a recorded call.

1348; 1349 — Eight planned audio clips included consecutive portions from recordings 1348 and 1349.

1348F — Exhibit 1348F contains an excerpt from the December 2013 investor-call recording.

1349 (clip 1 and A) — Contains clip 1 and A from Exhibit 1349, which the jury requested for in-court playback.

1349-A — Contains the requested investor-call segment identified as Exhibit 1349-A.

Admitted audio exhibits to be omitted from the jury thumb drive and played in open court upon request — Audio exhibits were discussed for omission from the jury thumb drive and playback in open court upon request.

Approximately ten hours of recorded conversations between Elizabeth Holmes and Roger Parloff — Approximately ten hours of recorded conversations feature Elizabeth Holmes and Roger Parloff.

Defense Designation Two — Contains an excerpt from the Holmes-Parloff interview concerning patents and trade-secret protections.

Defense Exhibit 1647A — Contains an April 7, 2014 audio excerpt from the Holmes-Parloff interview.

Defense Exhibit 1657A — Contains an April 10, 2014 audio excerpt from the Holmes-Parloff interview.

Defense Exhibit 1719A — Contains a May 12, 2014 audio excerpt from the Holmes-Parloff interview.

Exhibit 5473B2 and 5474AB2 — Captures Elizabeth Holmes's conversations with Roger Parloff about Theranos's testing range and venipuncture.

Government Exhibit 5473A — Captures a May 2014 Holmes-Parloff conversation concerning the range of tests.

Government Exhibit 5473B2 — Captures a May 12, 2014 Holmes-Parloff conversation concerning venipuncture.

Government Exhibit 5473C — Captures a May 12, 2014 Holmes-Parloff conversation describing the laboratory as a bank of small Theranos analyzers.

Government Exhibit 5473D2 — Captures a May 12, 2014 Holmes-Parloff conversation concerning whether Theranos used one device or multiple devices.

Government Exhibit 5475A — Captures an April 8, 2014 Holmes-Parloff conversation concerning automation and accuracy.

Government Exhibit 5477A — Captures a February 2015 Holmes-Parloff conversation concerning test quality or accuracy.

Government Exhibit 5478A2 — Captures an April 2014 Holmes-Parloff conversation concerning possible military use.

Government Exhibit 5480A — Captures an April 10, 2014 Holmes-Parloff conversation concerning laboratory devices.

Government Exhibit 5481A, 5481D, and 5481B — Three contiguous audio clips from July 1, 2015 concern reference equipment and venipuncture.

Government Exhibit 5481C — An audio recording from July 1, 2015 concerns a Theranos technology demonstration.

Multi-hour Theranos podcast heard by Juror 11 — A multi-hour Theranos podcast was heard by Juror 11.

News-radio coverage mentioning a possible defense strategy — News-radio coverage mentioned a possible defense strategy.

Previously heard audio clip identifying Quest as the commercial laboratory Parloff toured — A previously played audio clip identifies Quest as the commercial laboratory Parloff toured.

Recording of the conference call associated with Exhibit 1344 — A recording captures the conference call associated with Exhibit 1344.

Recordings of Roger Parloff's conversations, which the prosecution said it did not intend to play in their entirety — Recordings contain Roger Parloff's conversations, which the prosecution said it did not intend to play in their entirety.

Secretly recorded December 20 investor call concerning Theranos's military activities — A secretly recorded December 20 investor call concerns Theranos's military activities.

Digital Evidence (50)

Government Exhibit 5387D — Contains text messages between Elizabeth Holmes and Ramesh Balwani, including messages concerning materials to be sent to DST, among them the Pfizer report. The collection also includes exchanges the government described as being about the financial projection or model.

Government Exhibit 5172 — Shows Theranos cash balances and cash flow from 2011 through 2015, including its September 2013 cash balance, spending rate, Walgreens innovation fee, customer receipts, and option or stock proceeds.

Government Exhibit 1548 — Contains a February 2014 Edison spot-check email and data comparing Edison and Immulite results for vitamin D, TPSA, FT4, and TSH, described in testimony as comparative proficiency-testing results.

Government Exhibit 5387B — Contains selected pages of a message spreadsheet drawn from Elizabeth Holmes's devices and described as a redacted Holmes-Balwani text-message compilation.

Exhibit 3481 — Contains a 589-page Excel file of messages between Elizabeth Holmes and Sunny Balwani, prepared by PwC and produced by Wilmer Hale to the DOJ, including a page ending in 599.

Government Exhibit 1633 — Contains a table and email reporting March 2014 quality-control failure rates for Edison assays.

Government Exhibit 5387C — Contains a proposed subset of text messages appearing to be between Ramesh Balwani and Elizabeth Holmes.

5172 and 14206 — Contains financial records used for calculations and a rounded proceeds comparison.

Admitted trial exhibits designated for daily submission and public hosting — Identifies admitted trial exhibits designated for daily submission and public hosting.

Defense Exhibit 10686 and 10692 — Contains an investment-count summary and the underlying stock-recipient spreadsheet.

Defense Exhibit 13720A — Contains an electronic financial model provided by Theranos to PFM.

Defense Exhibit 14207 — Contains archived Walgreens web pages describing Theranos services.

Defense Exhibit 14208 — Contains an archived Theranos web page describing finger-stick and venous-draw services.

Defense Exhibit 7517 — Contains Holmes's iPhone notes described as following an alleged incident with Balwani.

DX 13927 — Contains an email and patient-information attachment sent to Rosendorff's personal account.

Emails the prosecution said would show laboratory and patient-testing problems being brought to Elizabeth Holmes's attention — Contains emails that the prosecution said would show laboratory and patient-testing problems being brought to Elizabeth Holmes's attention.

Exhibit 13947 — Contains a purported record of 2012 text messages between Burd and Holmes.

Exhibit 5387D, page 19 — Contains Skype messages concerning working together on the “rev piece.”

Four designated clips relating to Roger Parloff's testimony — Contains four designated clips relating to Roger Parloff's testimony.

Government Exhibit 1617 — Contains an email and spreadsheet documenting Edison 3.5 errors.

Government Exhibit 1901 — Contains an email to Theranos's tax accountants with a 2013 trial-balance attachment.

Government Exhibit 2623 — Contains a 2015 email thread concerning option grants and financial assumptions.

Government Exhibit 3527 — Contains an email exchange about revenue assumptions for a 409A valuation.

Government Exhibit 3533 — Contains an email concerning preparation of a 409A valuation.

Government Exhibit 4093 — Contains a PFM financial model incorporating Theranos inputs and PFM analyses.

Government Exhibit 431 — Contains an email chain and a Theranos study report concerning Pfizer revenue recognition.

Government Exhibit 5085 — Contains a 2013 email exchange concerning earlier Aranca valuation models and below-value option grants.

Government Exhibit 5127 — Contains an October 22, 2013 email and a spreadsheet listing tests in the CLIA laboratory.

Government Exhibit 5190 — Contains Spivey's email sending the final December 2014 Aranca valuation report to Holmes.

Government Exhibit 5219 — Contains an email to KPMG with Theranos sales-contract summaries.

Government Exhibit 5387A — Contains a subset of text messages from Government Exhibit 5387.

Government Exhibit 5387A, pages 28 and 33 — Contains two pages of text messages between Elizabeth Holmes and Sunny Balwani concerning investments and company execution.

Government Exhibit 5387B, pages 26-28 — Contains text messages between Holmes and Balwani during the September 2015 inspection.

Government Exhibit 5387F — Contains text exchanges between Holmes and Balwani.

Government Exhibit 5387G — Contains selected pages of messages between Holmes and Balwani.

Government Exhibit 792 — Contains a 2013 email to Holmes with Theranos financial statements.

Holmes-Balwani text messages invoked by the government in the conspiracy-instruction dispute — Contains Holmes-Balwani text messages invoked by the government during a conspiracy-instruction dispute.

Law360 Twitter post reporting a spectator's remarks near jurors and another person's response — Contains a Law360 Twitter post reporting a spectator's remarks near jurors and another person's response.

Memory stick containing material for designation two — Contains material for designation two on a memory stick.

Mr. Burge's Facebook comment about Elizabeth Holmes — Contains Mr. Burge's Facebook comment about Elizabeth Holmes, discussed during voir dire.

Proposed subset of Holmes-Balwani iMessages, Skype messages, and SMS messages compiled into a spreadsheet — Contains a proposed subset of Holmes-Balwani iMessages, Skype messages, and SMS messages compiled into a spreadsheet.

Text messages described by the government in which Balwani asked Holmes whether she could become comfortable with the financial model — Contains text messages described by the government in which Balwani asked Holmes whether she could become comfortable with the financial model.

The unavailable Theranos laboratory information system database was central to the renewed suppression motion. The defense described potentially exculpatory uses of the data, while the government disputed its importance and described the copy it received as inaccessible. — Contains Theranos laboratory information system data described as unavailable; the defense and government disputed the data's potential use and importance during the renewed suppression motion.

Theranos laboratory information system (LIS), including the government's contention that defense questioning opened the door to evidence concerning responsibility for its destruction and the defense's disagreement — Contains the Theranos laboratory information system involved in a dispute over whether defense questioning opened the door to evidence concerning responsibility for its destruction.

Theranos laboratory information system database and its unavailable data — Contains Theranos laboratory information system data described as unavailable.

Theranos LIS data and proposed evidence explaining why the LIS was unavailable; the government sought guidance on whether defense questioning or a future missing-evidence argument would open the door to that evidence. — Contains Theranos laboratory information system data and proposed evidence explaining why the system was unavailable; the government sought guidance on whether defense questioning or a future missing-evidence argument would open the door to that evidence.

Zika assay-development data — Contains data concerning Zika assay development.

Documents & Records (944)

Government Exhibit 1776 — Based on recorded interviews with Elizabeth Holmes, Roger Parloff's June 2014 Fortune profile, “This CEO Is Out for Blood,” concerned Holmes and Theranos. It contained statements attributed to David Helfet about Theranos-supplied validation studies and described possible future placement of Theranos laboratories in hospitals or military evacuation helicopters.

Government Exhibit 291 — Contains an April 2010 email sending Walgreens three reports described as independent pharmaceutical-company due-diligence or validation reports. The attached materials included reports bearing Pfizer, Schering-Plough, GSK, and Theranos logos and a version of the Theranos multiplexed-panel validation report.

Government Exhibit 1106 — Published Wall Street Journal article titled “Elizabeth Holmes: The Breakthrough of Instant Diagnosis,” describing fingerstick collection and analysis in a Theranos laboratory, as well as testing speed, cost, accuracy, blood volume, and test breadth.

Government Exhibit 3961 — Contains emails from Michael Craig and Ms. Noyes within a chain concerning the assay team's thoughts and frustrations. During closing argument, the exchange was described as reflecting Ramesh Balwani's criticism of Surekha Gangakhedkar.

Government Exhibit 4621 — Contains excerpts of the January 25, 2016 CMS report, including pages 1 through 4 and 48 through 55.

Government Exhibit 4845 — Fedwire records contain wire information identifying investing entities, transfer amounts, and investment dates. They include a December 30, 2013 transfer of $99,990 from Alan Eisenman to Theranos, wire information for PFM, and pages 18 through 23 produced in response to a subpoena.

Prospective-juror questionnaires — Completed prospective-juror questionnaires, including questions 1, 16, and 39, were discussed during jury selection and voir dire.

Defense Exhibit 14259 — The May 12, 2015 email chain, bearing Bates number HOLMES 0019255, was described as an internal Theranos report about follow-up with Erin Tompkins and Dr. Gerald Asin, including test results and protocol. It was used to refresh Tompkins's recollection.

Defense Exhibit 7753 — Contains an email, a contract summary, records of pharmaceutical-company receipts, the Celgene-Theranos master service provider agreement, and the ACE-011 statement of work. Spreadsheet and chart material included Pfizer entries, pharmaceutical-company revenue after 2009, and a $5 million grand-total figure for Celgene.

Government Exhibit 4858 — Contains Theranos due-diligence binder materials described as an investment slide deck with accompanying Pfizer-branded study materials and report, including materials reviewed by Peterson.

Government Exhibit 551 — Contains prefatory emails and an attached Theranos military presentation described as a longer PowerPoint concerning representations made to the Department of Defense. The presentation addressed assay performance and was supplied to Dr. Chung; the defense disputed its chronology and proposed use.

Defense Exhibit 10457 — Contains materials concerning a proposed CENTCOM limited objective experiment to evaluate Theranos devices in Afghanistan, including possible military uses such as medevac, and an email forwarding military approval of the experiment.

Defense Exhibit 15055 — Contains David Doyle's May 2, 2012 email and draft Theranos trade-secret policy guidance concerning protection of confidential technology.

Defense Exhibit 7603 — Contains a compilation of federal CLIA regulations governing clinical laboratories.

Government Exhibit 1083 — Contains a September 2013 Walgreens-Theranos conceptual framework email and proposed term sheet, including a tiered store rollout proposal and innovation-fee payment schedule.

Government Exhibit 112 — Contains a 2008 GSK email and evaluation summary addressing the methodology and conclusions of a two-day study of the Theranos system.

Government Exhibit 1387 — Contains the December 31, 2013 amended and restated Theranos-Walgreens master services agreement, addressing national rollout, patient experience, accelerated funding, and scaling.

Government Exhibit 1660 — Contains an email chain from Tyler Shultz to Elizabeth Holmes raising laboratory concerns. Its stated purpose was limited to Holmes's knowledge rather than the truth of the email's contents.

Government Exhibit 167 — Shane Weber's December 31, 2008 internal Pfizer report evaluates the Theranos-Pfizer relationship and contains his final assessment and recommendations concerning Theranos.

Government Exhibit 1853 — A two-page financial document from the Theranos diligence binder contains projected 2014 revenue figures, approximately $169 million in deferred revenue and customer deposits, and Lisa Peterson's annotations.

Government Exhibit 2468 — A redacted March-April 2015 email chain concerns information requests, a possible Broadmark share transaction or stock sale, a company visit, and a possible Theranos IPO. Passages also address retirement and family liquidity needs.

Government Exhibit 3741A — Theranos test and pricing pages identify available tests, reflex-testing offerings, and pricing categories. Pages 1 through 7 were used to calculate test totals and pricing categories.

Government Exhibit 4938 — Multipage Theranos laboratory records for Mehrl Ellsworth include a June 11 visit date, a Scottsdale laboratory address, fax information, and a page showing his May 14, 2015 PSA result.

Government Exhibit 617 — The 2012 Amended and Restated Theranos Master Services Agreement establishes an initial offsite CLIA-laboratory model and addresses conditions for further Walgreens rollout. Its program objectives describe nationwide testing intended to be less invasive, faster, more accessible, and cost-effective.

Government Exhibit 905 — An email chain documents review and removal of results from six demonstration reports. The emails address a low-glucose result and proposed fasting-status context.

Defense Exhibit 10537 — Contains a January 2012 email exchange between Burd and Holmes about a proposed centralized-processing model and a possible fingerstick-only launch as a stopgap measure.

Defense Exhibit 10562 — Contains a December 17, 2014 letter and related regulatory forms adding Lynette Sawyer as a co-director of the Theranos clinical laboratory. The paperwork shows Sawyer on the laboratory license and includes a laboratory-director form she signed on November 19, 2014.

Defense Exhibit 13288A — Contains excerpts from a reduced Theranos FDA submission concerning the 4.0 system and assay.

Defense Exhibit 13979 — Contains a Grow Marketing media-training presentation prepared for Elizabeth Holmes.

Defense Exhibit 13993 — Contains June 2012 emails concerning customization and transport for an AFRICOM demonstration, including discussion of the AFRICOM device and artificial results.

Defense Exhibit 14111 — Contains a 2006 GlaxoSmithKline agreement with a confidentiality provision.

Defense Exhibit 14206 — Contains three binders of Theranos investment materials provided to Mosley, including assay, retail-strategy, and financial materials.

Defense Exhibit 7098 — Describes proposed System 4.0 capabilities and architecture in forward-looking language, including the capability to perform measurements required in a distributed testing setting.

Defense Exhibit 7586A — Contains an August 2015 email and redacted Walgreens patient feedback, presented as a selected subset to reduce the volume of feedback-report material. It includes a physician's reported comparison of Theranos prices and results with other laboratories.

Defense Exhibit 9397 — Contains Tina Noyes's TSH assay-development report dated April 4, 2011.

Exhibit 1113 — Contains a September 9, 2013 Theranos-Walgreens press release announcing the partnership and describing fingerstick or traditional sample collection.

Exhibit 12251 — Contains an AFRICOM draft protocol for evaluating a portable Theranos device in austere environments and identifies remote African locations associated with the military evaluation program.

Exhibit 2166 — Contains an RDV post-meeting investment memorandum and approval document recommending a $100 million investment in Theranos.

Government Exhibit 1227 — Contains an email chain received by Erika Cheung while employed at Theranos that coordinated Theranos demonstrations.

Government Exhibit 1287 — Contains Erika Cheung's email concerning failed quality-control runs and the Normandy laboratory response within a chain described as having been forwarded to Elizabeth Holmes.

Government Exhibit 1371 — Contains eight pages of a December 2013 Eisenman-Balwani email chain concerning Alan Eisenman's questions about directors, other investors, and future financing rounds. Procedural discussion addressed proposed redactions and whether they would be necessary if only the first five pages were offered.

Government Exhibit 174 — Contains Shane Weber's January 30, 2009 email to Craig Lipset, Hakan Sakul, and Dr. Power about his follow-up conversation with Elizabeth Holmes after Pfizer's review.

Government Exhibit 1944 — Contains a Jerry Tubergen email with an attached Fortune article about Theranos. Testimony compared language in the article with language in Peterson's memorandum.

Government Exhibit 2065 — Contains an October 10, 2014 email string concerning preparations for BDT visitors at a Walgreens site, including venous-draw handling for a potential BDT investor.

Government Exhibit 2216 — Contains a redacted continuation of a 2014 Eisenman-Balwani email chain, including a statement that Alan Eisenman had most of his net worth in Theranos. Procedural discussion identified it among three Eisenman-related documents with proposed redactions concerning personal financial circumstances.

Government Exhibit 2553 — Contains CLIA laboratory-license renewal materials identifying two laboratory directors, including Sawyer, and listing one to five hours as needed. The exhibit also includes a June 12, 2015 letter and laboratory-personnel paperwork.

Government Exhibit 3530 — An amended and restated Series C-1 preferred stock purchase agreement and related 2013 transaction documentation concern an investment transaction associated with 2013.

Government Exhibit 3696 — A Theranos presentation associated with Mosley Family Holdings contains slides addressing performance, accuracy, and turnaround time. The material includes claims of high accuracy and rapid results and was cited for alleged puffery and aspirational statements.

Government Exhibit 387 — A September 2010 agreement between Safeway and Theranos, described in testimony as a Master Purchase Agreement, contains provisions addressing the Safeway and Walgreens pilots and launches.

Government Exhibit 4197 — A September 2, 2014 letter and memorandum from Dan Mosley to Henry Kissinger contains an investment analysis and outline concerning Theranos.

Government Exhibit 4330 — An email chain includes Adam Rosendorff's request to be removed as Theranos's CLIA laboratory director of record and an email expressing discomfort and lack of confidence in results. It also concerns Ebola samples and the Newark facility.

Government Exhibit 4415 — A Theranos internal email chain concerns Mehrl Ellsworth's PSA results and identifies the Edison device used for his test. It includes a June 15, 2015 email from Ramesh Balwani to Elizabeth Holmes.

Government Exhibit 4533 — A September 23, 2015 chart lists twelve assays described as tested on Theranos Sample Processing Units and provides their testing periods. Testimony also described the document as listing periods when assays were run on the Edison device.

Government Exhibit 4859 — Contains a projected income statement whose preparation, purpose, timing, and accounting principles were unknown to Spivey.

Government Exhibit 504 — Contains emails and a project memorandum concerning a proposed Theranos evaluation by Special Operations Command, including a representation about the device's testing capabilities.

Government Exhibit 5206 — Contains a 2015 Aranca email chain and 409A valuation report discussing valuation methods and approaches ranging from $1.96 billion to $9.5 billion.

Government Exhibit 5454 — Contains a five-page email chain concerning Horizon Media advertising activity, proposed copy, expenses, and approval requests associated with the Phoenix media plan.

Government Exhibit 713 — Contains email correspondence involving Eisenman, Holmes, and Minnig about requests for Theranos information, including Eisenman's communications with Don Lucas.

Government Exhibit 860 — Contains emails about a demonstration sample, discrepant New York and Palo Alto results, report review, and reference-range changes.

Bad Blood book — A book titled "Bad Blood" was identified during voir dire and a sidebar, without further description of its contents.

Defense Exhibit 10029 — An American Proficiency Institute comparative evaluation report containing results from a 2014 proficiency-testing event.

Defense Exhibit 10468 — Emails among Elizabeth Holmes, Daniel Young, and Daniel Edlin concerned content for Theranos's public website, including sample timing, decay, refrigeration, and a fresher-samples slide.

Defense Exhibit 10512 — Emails concerning an outside expert session reviewing Theranos technology, including an email about David Helfet's visit to Theranos.

Defense Exhibit 10561 — An email exchange between Gary Frenzel and Shane Weber containing Weber's February 2009 statement that Theranos was "on to something good."

Defense Exhibit 10586 — A consulting agreement between Laboratory Consulting Services and Theranos governing Sawyer's co-laboratory-director services.

Defense Exhibit 10588 — A signed RDV investment agreement with Theranos containing entire-agreement language.

Defense Exhibit 10674 — Das's update concerning capillary Advia 1800 analytes contained glucose and sodium validation data.

Defense Exhibit 10691 — A patent-information compilation identified as the full patent list underlying discussion of a proposed patent summary.

Defense Exhibit 12003A — A Series C Preferred Stock Purchase Agreement with attached schedules for Black Diamond's Theranos investment later in 2006.

Defense Exhibit 12022 — A late-2005 email from Holmes to Lucas includes a Theranos slide deck, offering memorandum, and financial information. The investor presentation contains analyzer projections and investment-risk disclosures.

Defense Exhibit 12751 — A September 17, 2014 email from Dan Mosley to Jerry Tubergen attaches a Fortune article about Elizabeth Holmes and Theranos.

Defense Exhibit 13047 — An email chain concerns the expiration and extension of Sawyer's director contract, including an April 5, 2015 email concerning termination of her services.

Defense Exhibit 13655 — A collection of electronically signed SOPs includes a Theranos LIS application user guide. The exhibit was cited with testimony about using LIS data for individual inquiries and broader analyses.

Defense Exhibit 13809 — A Theranos presentation addresses the company's quality systems.

Defense Exhibit 13986 — An AFRICOM command surgeon's report concerns the travel and functioning of a Theranos device in Africa. A Daniel Young email reports successful high-temperature testing of an AFRICOM device.

Defense Exhibit 14076 — A Holmes cover letter accompanied Theranos investment diligence binders.

Defense Exhibit 14103 — A May 2010 email exchange between Alan Eisenman and Elizabeth Holmes includes Holmes referring to a proposed return greater than five times Eisenman's investment.

Defense Exhibit 14112 — A 2006 Pfizer agreement was shown to Eisenman concerning the 2006 period.

Defense Exhibit 14162 — Emails concern the approach to patient-impact assessments.

Defense Exhibit 14212 — An October 6, 2014 RDV cash-flow-planning email identifies a possible $100 million Theranos co-investment.

Defense Exhibit 15016 — An email introduces Pete Thomas to Pfizer contact David Lester. It was cited in closing argument for Theranos providing a Pfizer contact to an interested investor.

Defense Exhibit 15029 — A Theranos communication to FDA officials lists assays, chemistries, devices, and sample types. It identifies tests Theranos offered, the devices used, and whether each assay was proprietary or third-party.

Defense Exhibit 15048 — A 2014 Pfizer email attaches a Theranos-Pfizer report bearing Pfizer and Theranos logos.

Defense Exhibit 7100 — February 2010 emails among Holmes, Dr. Gibbons, Ramesh Balwani, and Mr. Frenzel concern tests proposed for the System 4.0 platform.

Defense Exhibit 7104 — The email exchange distinguishes a pharmaceutical assay library from tests intended for stores.

Defense Exhibit 7196 — The 2011 email exchange between Burd and Holmes discusses marketing and launch priorities and refers to Safeway's $275 million remodel investment.

Defense Exhibit 7312 — The August 2013 Holmes email and attached slides concern a planned Palo Alto patient service center and a proposed Walgreens deployment plan, including expansion to 6,250 stores by the end of 2014.

Defense Exhibit 7365 — The email chain discusses proposed website language responding to patient confusion about fingerstick and venous blood draws.

Defense Exhibit 7368 — Daniel Young's notes concern the 2013 CMS inspection, also described as a CMS audit.

Defense Exhibit 7391 — The PFM team email exchange followed a January 10 Theranos meeting and discusses Theranos's partners, costs, and execution risk.

Defense Exhibit 7454 — The document contains a forwarded Fortune article about Theranos and an email from Jhaveri to Elizabeth Holmes concerning Roger Parloff's article.

Defense Exhibit 7471 — The September 2014 email from Jhaveri to Elizabeth Holmes contains complimentary remarks about Holmes.

Defense Exhibit 7476 — The document contains an early October 2014 Walgreens experience-survey presentation and its transmission email.

Defense Exhibit 7623 — The email recounts a patient anecdote about Theranos test results. In closing argument, the defense cited it as feedback about rapid electronic delivery of results.

Defense Exhibit 7687 — The December 2016 email exchange concerns materials for Theranos's technology advisory board.

Defense Exhibit 7694 — The published article resulted from a burn study and acknowledges Edlin, Holmes, and Dr. Chung.

Defense Exhibit 7742 — The Theranos slide lists completed and ongoing pharmaceutical studies. In closing argument, the defense described the listed programs as completed successes or ongoing projects.

Defense Exhibit 9387 — The document is a TPSA assay-validation report for the Theranos 3.X system, also described as an Edison TPSA validation report.

Defense Exhibit 9925 — The document contains the vitamin D standard operating procedure for the Edison 3.5 system. Cheung was questioned about statements on one page concerning minimal training, speed, precision, and accuracy.

Defense Exhibit 9939 — Contains the proficiency-testing standard operating procedure for Theranos laboratory-developed tests on the Edison 3.5.

Docket 798 — Contains a motion-in-limine order concerning LIS evidence and argument and precluding victim-blaming argument.

Exhibit 11249 — Contains notes or a memorandum from Lisa Peterson's 2017 government interview. It was used to test her prior statements.

Exhibit 13893 — Contains a May 24, 2014 email chain and report concerning ISE troubleshooting.

Exhibit 14 — Contains a composite of emails, notes, and other materials, including a copy of Eisenman's notes referenced during his testimony.

Exhibit 1404 — Contains a January 2014 due-diligence email exchange and PFM's organized list of more than 60 diligence questions.

Exhibit 2394 — A February 17, 2015 Walgreens-Theranos partnership slide deck containing patient-survey scores and selected patient comments.

Exhibit 3755 — A Walgreens Project Beta program charter and presentation addressing expansion and operational readiness.

Exhibit 5260 — Contains a March 28, 2016 letter to CMS bearing Das's signature.

Exhibit 5273 — Contains Lisa Peterson's summary of the AACC presentation, described as an August 2016 memo or email containing her observations and quotations.

Exhibit 5417 — Contains the Physician Questioning Results email chain, including an email concerning Balwani's statement that he was running the CLIA laboratory.

Exhibit 9002 — Contains a Celgene study validation report identifying Gangakhedkar as principal investigator. It was also described as the final PK report attached to Government Exhibit 5049.

Government Exhibit 1014 — Contains emails about collecting and processing Joseph Rago's fingerstick sample, a journalist demonstration, device staging, and thyroid-panel problems.

Government Exhibit 1157 — Contains emails coordinating a September 2013 demonstration in which Minilab and 4S devices were placed in an interview room while samples were processed through the Normandy laboratory workflow. The emails also describe ADVIA use.

Government Exhibit 1289 — Contains a portion or version of a vitamin D QC email chain bearing Erika Cheung's name.

Government Exhibit 1431 — Contains a January 2014 email chain about QC ranges, variability, removal of two data points or outliers, and creation of a protocol.

Government Exhibit 1512 — Contains an email chain concerning a hepatitis C patient sample and the February 2014 hepatitis C assay incident.

Government Exhibit 1580 — Contains a comparison of predicate and Edison proficiency data, responses to that comparison, and discussion of an alternative proficiency assessment for Theranos LDTs.

Government Exhibit 1589 — Contains February 2014 emails concerning additional Edison quality studies, including messages involving Erika Cheung and Sunny Balwani.

Government Exhibit 1753 — Contains an email listing follow-up information requested after Roger Parloff's interview with Elizabeth Holmes, along with a Holmes-to-Edlin email and an attached Pfizer-labeled Theranos system validation report.

Government Exhibit 1884 — Contains an August 2014 email, meeting minutes, and a slide deck.

Government Exhibit 200 — Contains a services agreement between Schering-Plough and Theranos, an invoice for Theranos validation work, and attached validation materials.

Government Exhibit 2015 — Contains Lisa Peterson's notes from an October 3, 2014 Theranos conference call with Elizabeth Holmes.

Government Exhibit 2044 — Shows Theranos laboratory-result records for Brittany Gould, including HCG reports dated October 2 and October 4, 2014, with reported values of 12,558 and 125.58.

Government Exhibit 2073 — Contains Lisa Peterson's investment-review memorandum prepared for a Palo Alto meeting.

Government Exhibit 2098 — Contains October 2014 post-meeting emails concerning RDV's participation, file documentation, and a proposed $100 million investment allocation.

Government Exhibit 2214 — Contains a November 2014 partnership slide deck cited in closing argument as feedback about a cancer patient traveling for less expensive testing.

Government Exhibit 2219 — Contains a November 2014 email exchange concerning recruitment for a clinical laboratory director position and Sunil Dhawan's proposed limited role.

Government Exhibit 262 — Contains emails concerning receipt and possible discussion of a validation report, including Constance Cullen's response that she wanted to defer discussion while her organization was occupied with the Merck merger.

Government Exhibit 302 — Contains a Johns Hopkins report prepared for Walgreens concerning Theranos. The document included an internal-use and non-endorsement disclaimer and was discussed with limitations on the underlying evaluation.

Government Exhibit 3041 — Contains Theranos's standard operating procedure for reporting critical values, including its policy and reporting procedures, bearing Sunil Dhawan's DocuSign signature.

Government Exhibit 3305 — Shows a Quest Diagnostics HCG report dated October 6, 2014, with a reported value of 9,559.

Government Exhibit 332 — Holmes's 2010 email to Jonathan Simons, copied to Burd, concerns Theranos's minilab and Johns Hopkins and states that Theranos started at Stanford University in 2003.

Government Exhibit 336 — Steven Burd's May 19, 2010 Safeway board presentation addresses the Theranos opportunity, including deal terms, business risks, due diligence, and proposed scientific validation.

Government Exhibit 372 — The July 2010 Walgreens-Theranos Master Purchase Agreement contains provisions concerning regulatory approval, pilot termination, licensing, and the entire agreement.

Government Exhibit 375 — An August 2012 Safeway board presentation attached to an email from Elizabeth Holmes to Steven Burd states that one cartridge would satisfy 95 percent of all CPT codes.

Government Exhibit 3790 — Tolbert's October 2006 email to Mr. Hall includes attached Theranos conference-call and investment notes associated with the Hall Group.

Government Exhibit 3893 — An email chain contains Daniel Young's response to Celgene's PK and PD concerns, Sung's acknowledgment, and correspondence about Celgene's decision to halt further deployment of Theranos machines.

Government Exhibit 392 — The operator's guide covers the Immulite 2000 immunoassay system.

Government Exhibit 3964 — An email chain concerns upgraded devices, work schedules, and pressure on the ELISA team, including a Balwani email contrasting the software team's weekend hours with the ELISA team's work.

Government Exhibit 4036 — A document presented as a November 2013 Theranos-Walgreens joint press release was identified during testimony as possibly a draft. Counsel withdrew the request for admission pending correction.

Government Exhibit 4089 — Dr. Rabodzey's email provides a technical and regulatory assessment for the PFM analyst team and concerns FDA approval.

Government Exhibit 4147 — Rosendorff's May 30, 2014 email directs that HCG testing be run on the Siemens Immulite and that Edison HCG results be held.

Government Exhibit 4163 — A July 2014 email chain between Daniel Mosley and Elizabeth Holmes concerns Mosley's assignment and outreach to Greg Penner.

Government Exhibit 4173 — An August 18, 2014 letter from Elizabeth Holmes to Daniel Mosley serves as cover correspondence for an investor-material package sent to Mosley.

Government Exhibit 4202 — September 2014 emails between Daniel Mosley and Elizabeth Holmes concern Mosley's review and a Chicago meeting.

Government Exhibit 4237 — An email chain concerns disputed HCG results, an HCG complaint, and a possible sample switch or outlier.

Government Exhibit 4836 — The October 2013 email chain concerns HCG precision and total allowable error near clinical decision levels.

Government Exhibit 503 — The Project Normandy briefing slides presented to Walgreens depict collection at Walgreens and testing at an offsite CLIA laboratory.

Government Exhibit 5143 — The December 2013 financing materials include BDV correspondence and a preferred stock purchase agreement. They also include a shareholder memorandum concerning strategic transactions and an additional investment opportunity.

Government Exhibit 5144 — The December 2013 email chain contains Lucas's financing questions and concerns an investor call with Holmes.

Government Exhibit 528 — The email chain discusses proposed Celgene assays, third-party kits, and revisions to an external message.

Government Exhibit 5407 — The September 2013 Holmes-Mattis email chain concerns Theranos's launch and includes a September 7 shareholder launch email.

Government Exhibit 5410 — The September 30, 2014 laboratory-result report gives an HCG value of 1,005 for Brittany Gould.

Government Exhibit 5412 — The Theranos Client Solutions email explains that human error caused an HCG value to be entered as one-hundredth of its asserted true value.

Government Exhibit 5413 — The email chain concerns a patient's disputed INR results and a proposed response to the patient-testing complaint.

Government Exhibit 5435 — The Edlin-Holmes email chain discusses an AFRICOM contact and the Edison's performance in extreme temperatures.

Government Exhibit 5439 — The email and attachments concern a complaint log. During procedural discussion, the prosecution described the attached September 2013 log as containing more than 150 patient-complaint entries.

Government Exhibit 5483 — The laboratory report contains Theranos test results for Erin Tompkins from 2015.

Government Exhibit 5484 — The document contains Erin Tompkins's August 2021 cheek-swab HIV test results.

Government Exhibit 578 — Spivey's email to KPMG contains Theranos financial statements, a trial balance, a deferred-revenue balance, and expense categories.

Government Exhibit 770 — The January 2013 email exchange concerns the Theranos wordmark and collaboration with Safeway. During procedural discussion, it was described as referring to a $400 million Safeway investment and more than 50,000 labor hours.

Government Exhibit 959 — Contains August 2013 emails coordinating a Theranos technology demonstration and discussing Normandy, demo, and null protocols.

Government Exhibit 966 — Contains emails and an attached, redacted August 2013 technology-demonstration report discussing corrected or removed assay results.

Jury Note No. 4 — Jury Note No. 4, dated January 3 at 2:20, reported that the jury could not reach a unanimous verdict on three charges after considering the evidence and instructions.

Memorandum of Parloff's April 2018 government interview — A memorandum concerning Roger Parloff's April 2018 government interview.

Third Superseding Indictment — Contains the Third Superseding Indictment, including Count Nine concerning BB.

Two emails from Juror No. 12 to Ms. Kratzmann concerning the juror's prior KPMG employment, courthouse access, and a question about sentencing responsibility — Two emails from Juror No. 12 to Ms. Kratzmann addressed the juror's former KPMG employment, a friend employed by KPMG, courthouse access, and a question about the jury's responsibility for sentencing.

1031 — Contains an August 2013 email and updated master validation plan circulated to Young, Rosendorff, and Holmes.

10492 — Contains a September 2005 congratulatory email from Holmes concerning Gangakhedkar's assay work.

10493 — Contains an email concerning C-reactive protein serum correlation work.

10496 — Contains a January 2011 Holmes-Gangakhedkar email chain concerning assay-development plans, timelines, and staffing.

10497 — Contains Holmes-Gangakhedkar emails and spreadsheet updates concerning assays intended to cover 95 percent of tests.

10500 — Contains an email transmitting the Celgene report.

10503 — Contains a master verification plan for Theranos-modified immunoassays on the ADVIA 1800 that Rosendorff circulated by email.

10521 — Shows a calendar entry for an ELISA validation-plans meeting concerning the ADVIA.

10522 — Shows a calendar entry for a meeting to review ELISA validation studies.

10679 — The government said Exhibit 10679 had been disclosed that morning.

10941 — Contains a June 2012 weekly ELISA-project update and spreadsheet; the transcript's receipt notation uses a different exhibit number.

1113 and 12464 — Contains an Exhibit 1113 press release and an Exhibit 12464 email concerning the 2013 launch.

11430 — Concerns an additional patient.

12027, pages 1 and 2 — Pages 1 and 2 contain an email and company-expense information supplied during Don Lucas's diligence.

12692, page 7 — Describes a recommended laboratory HIV testing algorithm.

13069 — Contains a May 12, 2015 email bearing Bates number THER-3090166, with Lab Escalate in the To line.

1344 — Contains notes from a conference call.

13689 — Marked for identification, Exhibit 13689 was provided as context.

13690 — Marked for identification, Exhibit 13690 was provided as context.

13691 — Marked for identification, Exhibit 13691 was used in an attempt to refresh Burnes's recollection about differences among PSA measurement procedures.

13764 — Concerns Dr. Rhodes's praise and instrument performance.

13767 — A July 2013 email concerns testing on 3.0 devices in anticipation of LDT validation.

13768 — An email concerns data for the male-health cartridge.

13769 — A July 2013 email concerns Edison test protocols and the male-health cartridge.

13770 — A July 2013 email assigns work for CLIA/LDT validation of priority assays on 384-well plates.

13781 — SWC blood-testing order and provider records concern the period after August 2015.

13786 through 13790, for identification — Five patient documents show Theranos HCG testing after October 2015.

14104 — Defense counsel described the document as Peterson's notes and previewed it as a possible subject for discussion the following morning.

14106 — A Schierbeek email concerns the Theranos investment.

14138, 14139, and 14168 — Three emails are described as post-investment introductions.

14210 — The document includes a purported pro forma statement of cash flow.

1443 — The document contains Grossman's follow-up questions to Balwani.

1482 — An email exchange concerns Grossman's Walgreens tests and facility tours.

1491 — An internal Theranos email concerns Grossman's sample and the Immulite.

1505 — The document is a Series C-2 Preferred Stock Purchase Agreement.

1506 — The document is a master signature page for PFM investment entities.

1667 — Contains an email chain addressing concerns raised by Tyler Shultz.

1673 — Contains Jhaveri's April 15, 2014 email concerning expansion.

2013 offering memorandum characterized by Eisenman as presenting the financing as growth capital — Presents a 2013 financing as growth capital, according to Alan Eisenman's characterization.

2014 Theranos income statement — Contains Theranos's 2014 income statement.

2107 — Contains a Balwani email attaching Series C-2 investment documents and wire instructions.

3086 — Contains a January 2016 Theranos shareholder letter or email.

3962 — Contains Gangakhedkar's response to Balwani defending the ELISA team's validation efforts.

3966 — Contains a September 2013 email chain about a protocol for validating immunoassays on the ADVIA.

4047, 4316, and 12479 — Contains documents concerning the 2013 inspection and the downstairs laboratory.

4077 — Contains a Theranos corporate presentation and the email attachment through which it was circulated.

4621A — Contains the CMS cover letter identified as Trial Exhibit 4621A. Procedural discussion reflected differing government and defense positions on whether its use was unrestricted or limited to notice or state of mind.

4621A and 4621B — Contains a CMS report and cover letter offered together as Exhibits 4621A and 4621B.

4621B — Contains portions of the CMS report identified as Trial Exhibit 4621B. The government acknowledged that those portions concerned Holmes's state of mind and not the truth of their contents.

487 — Contains an email outlining an approach to CLIA validation of laboratory-developed tests.

5262 — Contains a document described by defense counsel as a corrected test report connected to 2016 CMS actions.

5263 — Contains a document described by defense counsel as a corrected test report connected to 2016 CMS actions.

5441 — Contains a PFM email and a Theranos financial model.

5471 — Contains an April 1, 2016 letter to CMS.

7202 — Contains an August 2011 update on assays in the 95-percent priority list.

7215 — Contains an Outlook invitation for a cross-functional meeting about assay progress.

7216 — Contains an email chain requesting assay updates before a Department of Defense meeting.

7297 — Contains a June 2013 ELISA-team spreadsheet tracking completed assays and assays under development.

7549 — Concerns Theranos's offer to connect the practice with Elizabeth Holmes.

7603A — Contains a federal regulation provision incorporated into the master validation plan.

7660 — Contains an article attributing a statement to Jhaveri.

7673B and 7673C — Exhibits 7673B and 7673C were described by the government as documents that had not previously been disclosed.

9110 — Contains Gangakhedkar's summary of assay development for Centocor.

9645 — Contains an issued patent used to illustrate the source fields summarized by Middleton.

9921 — Contains a 2011 master validation plan for ELISA assays on Theranos devices.

A 2009 list of completed Theranos projects described by the defense as successes — Contains a 2009 list of completed Theranos projects described by the defense as successes.

A 2013 document to the FDA describing Theranos's two-phase Walgreens approach and use of conventional commercial analyzers — Describes Theranos's two-phase Walgreens approach and its use of conventional commercial analyzers in a 2013 document to the FDA.

A 302 produced the previous day containing statements attributed to Nimesh Jhaveri — Contains statements attributed to Nimesh Jhaveri in a 302 produced the previous day.

Agreed transcripts of audio excerpts played by the parties — Contains agreed transcripts of audio excerpts played by the parties.

Alan Eisenman's original notes subpoenaed by the defense, which the court permitted the government to return to him undisturbed — Contains Alan Eisenman's original notes subpoenaed by the defense, which the court permitted the government to return to him undisturbed.

Alan Eisenman's original notes, produced pursuant to the defense subpoena and retained temporarily by the court for review and color copying — Contains Alan Eisenman's original notes, produced pursuant to a defense subpoena and temporarily retained by the court for review and color copying.

Alan Eisenman's original notes, reviewed to assess whether any meaningful discrepancies warranted further examination — Contains Alan Eisenman's original notes, which were reviewed to assess whether any meaningful discrepancies warranted further examination.

An alternate juror's email concerning prospective part-time employment, with the start date, nature, and duration described as unclear — Concerns an alternate juror's prospective part-time employment, with the start date, nature, and duration described as unclear.

An email the court believed had been sent to Ms. Kratzmann concerning a juror communication about distraction or noise levels; the defense asked that it be shared with both parties. — Concerns a juror communication about distraction or noise levels; the court believed the email had been sent to Ms. Kratzmann, and the defense asked that it be shared with both parties.

An email the government planned to offer by recalling Danise Yam after the defense declined to stipulate to its admission. — Concerns an email the government planned to offer by recalling Danise Yam after the defense declined to stipulate to its admission.

An example Theranos test-validation report bearing five signatures but not Holmes's signature — Shows an example Theranos test-validation report bearing five signatures but not Holmes's signature.

An unidentified exhibit containing a Safeway dollar amount that the government said it could refrain from offering — Contains a Safeway dollar amount and was described during procedural discussion as an unidentified exhibit that the government could refrain from offering.

April 2013 American College of Physicians prostate-cancer screening guidance discussed during cross-examination — Contains April 2013 American College of Physicians guidance on prostate-cancer screening discussed during Mark Burnes's cross-examination.

Article Jhaveri forwarded to Elizabeth Holmes — Identified during Nimesh Jhaveri's recross-examination as an article Jhaveri forwarded to Elizabeth Holmes.

Assay development reports contained in binders at the witness stand — Contains assay development reports held in binders at the witness stand during Surekha Gangakhedkar's redirect examination.

At least 20 to 25 exhibits in Holmes's direct-examination binder that government counsel said were produced the previous night — Comprises at least 20 to 25 exhibits in Holmes's direct-examination binder that government counsel said had been produced the previous night.

At least two jury notes concerning the jury's inability to reach verdicts on three counts — Contains at least two jury notes concerning the jury's inability to reach verdicts on three counts.

Bad Blood — Identified as Bad Blood during defense voir dire of Panel One.

Bill of Particulars — Contains the government's bill of particulars, which did not list the PLT assay.

Book about the case read by prospective juror Grogan — Identified during individual voir dire as a book about the case read by prospective juror Grogan.

CDC guidance as described and relied upon by the prosecution in arguing that trial could proceed if the juror remained asymptomatic — Explains CDC guidance as described by the prosecution during procedural discussion concerning whether the trial could proceed if the juror remained asymptomatic.

Cheung 302 excerpt at Bates 4918 cited in the defense objections — Contains an excerpt from Cheung's 302 at Bates 4918 that was cited in defense objections.

CMS deficiency and proposed-sanction notices concerning PerkinElmer, as characterized in the defense proffer — Contains CMS deficiency and proposed-sanction notices concerning PerkinElmer, as characterized in the defense proffer.

CMS inspection PowerPoint containing the Theranos laboratory organization chart — Contains the Theranos laboratory organization chart within a CMS inspection PowerPoint identified with exhibit label 4528.

CMS inspection report / 2567 — Contains a CMS inspection report identified as the 2567.

CMS inspection report issued in late January 2016 — Identified during Kingshuk Das's cross-examination as a CMS inspection report issued in late January 2016.

CMS letter concerning the initial response deadline — A CMS letter concerns the deadline for an initial response.

CMS report referenced in Exhibit 3086 — A CMS report is referenced in Exhibit 3086.

CMS reports and other collateral documents concerning laboratories where Dr. Rosendorff previously worked, which the court declined to permit — CMS reports and other collateral documents concern laboratories where Dr. Rosendorff previously worked; the court declined to permit them.

Completed juror questionnaires maintained under seal during the trial — Completed juror questionnaires were maintained under seal during the trial.

Corrective reports stating that Edison test results were void — Corrective reports state that Edison test results were void.

Court order deferring the defense exclusion motion as premature — A court order deferred the defense exclusion motion as premature.

Court order granting in part and denying in part the Media Coalition motion concerning juror questionnaires — A court order granted in part and denied in part the Media Coalition's motion concerning juror questionnaires.

Critical-values SOP and accompanying script — A critical-values standard operating procedure was accompanied by a script.

Customer feedback reports emailed to Holmes that the defense renewed its request to admit — Customer feedback reports were emailed to Holmes, and the defense renewed its request to admit them.

Defense bench memorandum concerning Ninth Circuit law on emails and hearsay — A defense bench memorandum concerns Ninth Circuit law on emails and hearsay.

Defense collection of eight documents concerning Rosendorff's post-Theranos employment, submitted as background with no definite plan to offer any document — A defense collection contains eight documents concerning Rosendorff's post-Theranos employment and was submitted as background without a definite plan to offer any document.

Defense Exhibit 10010 — Contains a quality-control standard operating procedure reviewed and signed by Dhawan.

Defense Exhibit 10272 — Contains Rosendorff's résumé from the period when he applied to Theranos, with personal contact information redacted.

Defense Exhibit 10281 — Contains Langly Gee's résumé.

Defense Exhibit 10290 — Contains Kingshuk Das's 2015 résumé.

Defense Exhibit 10312 — Contains Bonanni's curriculum vitae dated April 2016.

Defense Exhibit 10444 — Contains April 2012 emails concerning a proposed AFRICOM evaluation and deployment.

Defense Exhibit 10446 — Contains Dr. Givens's report following two African trips with the Theranos device.

Defense Exhibit 10451 — Contains a proficiency-testing email chain and results.

Defense Exhibit 10462 — Contains a U.S.A. MEDCOM email concerning burn-study training.

Defense Exhibit 10464 — Contains a confidential overview presentation template transmitted in June 2013.

Defense Exhibit 10466 — Contains emails directing scientists to review clinical-correlation presentation sections for accuracy.

Defense Exhibit 10467 — Contains emails seeking expert information for website content about auto-reflex testing.

Defense Exhibit 10469 — Contains an email conveying graph options for the “better data from fresher samples” slide.

Defense Exhibit 10472 — Contains CENTCOM correspondence concerning sequestration, specially built 4S devices, revalidation, and delivery timing.

Defense Exhibit 10506 — Contains October 2015 emails concerning the board's response to press criticism.

Defense Exhibit 10507 — The document contains Mattis's safe-harbor request and a Department of the Navy letter.

Defense Exhibit 10510 — The document contains a February 2015 email exchange between Holmes and Mattis concerning the compensation committee.

Defense Exhibit 10516 — The document reports the status of Theranos's intellectual-property portfolio.

Defense Exhibit 10520A and 10520B — The documents concern Mattis's option exercise and investment representations.

Defense Exhibit 10523 — The document contains board emails, shareholder communication, and proposed response steps.

Defense Exhibit 10524 — The document is Mattis's resignation letter to Holmes.

Defense Exhibit 10525 — The document concerns Siemens ADVIA 2400 assay verification and bears Lynette Sawyer's signature.

Defense Exhibit 10526 — The document is a standard operating procedure signed by Lynette Sawyer and other personnel.

Defense Exhibit 10528 — The email addresses an upcoming laboratory audit, the preparation team, and outside experts.

Defense Exhibit 10529 — The email concerns regulatory paperwork, Sawyer's removal, and Dhawan's increased policy-review work.

Defense Exhibit 10531 — The document bears Lynette Sawyer's electronic signature.

Defense Exhibit 10532 — The emails review a proposed website graphic and the stated variance for Theranos's vitamin D assay.

Defense Exhibit 10554 — The correspondence seeks sources for statistics used in connection with Joseph Rago's interview.

Defense Exhibit 10555 — The correspondence concerns website or presentation language about accuracy and human error.

Defense Exhibit 10558 — The email conveys regulatory revisions to a Walgreens patient-service-center brochure.

Defense Exhibit 10563 — Contains a California laboratory-change form concerning Dr. Helfend.

Defense Exhibit 10568 and 10569 — Contains Bloomberg records and a graph of Safeway stock prices.

Defense Exhibit 10570 — Contains a November 12, 2008 email from Holmes to Cullen with reports from other pharmaceutical programs.

Defense Exhibit 10571 — Contains an email chain about Cullen's request for assay-validation reports and Theranos's response with four summaries.

Defense Exhibit 10572 — Contains the agenda for Schering-Plough's May 5, 2009 Theranos meeting.

Defense Exhibit 10573 — Contains Gary Frenzel's December 2009 emails transmitting and following up on a validation report.

Defense Exhibit 10574 — Contains March 2010 follow-up emails between Holmes and Cullen concerning further validation discussions.

Defense Exhibit 10577 — Contains a written delegation of technical-supervisor responsibilities.

Defense Exhibit 10578 — Contains a written delegation of general-supervisor responsibilities to Godfred Masinde.

Defense Exhibit 10584 — Contains an email chain and paperwork concerning Sawyer's removal as co-director.

Defense Exhibit 10585 — Contains a printout from the Laboratory Consulting Services website.

Defense Exhibit 10592 — Contains an email chain among Parloff, Eric Topol, and Holmes.

Defense Exhibit 10626 — Contains an October 12, 2006 email between Alan Eisenman and David Harris.

Defense Exhibit 10628 — Contains an email requesting Das's review of a proposed media statement.

Defense Exhibit 10634 — Contains email correspondence following Das's interview with Holmes, including a response presented only as context and not for its truth.

Defense Exhibit 10638 — Contains Das's email about allowable bias and total allowable error for research and development.

Defense Exhibit 10651 — Contains correspondence concerning CMS-response work and laboratory staffing.

Defense Exhibit 10665 — Contains correspondence about a scientific review committee.

Defense Exhibit 10666 — Contains correspondence between Das and Dr. Tschirhart about laboratory remediation and reporting structure.

Defense Exhibit 10668 — Contains personnel and laboratory-reform correspondence in redacted form.

Defense Exhibit 10678 — Contains information used in the Edison-assay validation analysis.

Defense Exhibit 11000A — Contains Rosendorff's signed certification concerning the accuracy of his deposition transcript.

Defense Exhibit 12051 — Contains a June 2007 email and spreadsheet concerning Theranos cash-payment scenarios and projected breakeven.

Defense Exhibit 12052 — Contains a July 2007 email transmitting Theranos financial models.

Defense Exhibit 12054 — Contains a 2007 email exchange concerning Theranos financial projections.

Defense Exhibit 12065 — Contains a Theranos clinical-study update from Dr. Ian Gibbons.

Defense Exhibit 12185 — Contains emails between Eisenman and Ramesh Balwani about company updates.

Defense Exhibit 12252 — Contains an email exchange with Nancy Minnig.

Defense Exhibit 12283 — Contains a 2012 email exchange concerning performance at Safeway's on-campus facility.

Defense Exhibit 12323 — Consists of the 12th and 13th pages of Defense Exhibit 12323.

Defense Exhibit 12464 — Contains an email from Balwani concerning opening the Palo Alto Walgreens testing location to the public.

Defense Exhibit 12478 — Contains an email chain concerning development of the alternative-assessment SOP.

Defense Exhibit 12479 — Contains an email chain concerning an inspection path.

Defense Exhibit 12510, Bates pages 6786 through 6804 — Contains portions of a December 2013 Walgreens earnings-call transcript with statements about Theranos and conditional national expansion.

Defense Exhibit 12582 — Contains March 2014 emails and a data template for a vitamin D comparison study.

Defense Exhibit 12593 — Contains an email chain titled “PT Plan and Communication.”

Defense Exhibit 12656 — Contains a June 4, 2014 HCG email chain involving laboratory communications and Rosendorff's concerns about being kept informed.

Defense Exhibit 12660 — Contains an HCG email chain concerning held results and an Edison-assay study.

Defense Exhibit 12715 — Contains a continuation of a patient-complaint email chain.

Defense Exhibit 12846 — Contains physician-inquiry emails concerning FT4 and TSH results and an April 2014 AAP result.

Defense Exhibit 12856 — Contains an email chain stating that the $100 million allocation had been reserved.

Defense Exhibit 12999 — Contains a 2015 email chain concerning Eisenman's requests for updates and Balwani's account of their 2013 discussions.

Defense Exhibit 13150 — Contains emails with Chris Boies and another Theranos investor concerning a possible share sale.

Defense Exhibit 13158 — Contains an email transmitting Sawyer's current bioanalyst license to Daniel Young.

Defense Exhibit 13191 — Contains SharesPost emails concerning Theranos share prices and market liquidity.

Defense Exhibit 13288 — Contains Theranos's FDA submission for the 4 Series system and HSV-1 assay. Its stated relevance was its effect on Holmes's state of mind, not the truth of the submission's assertions.

Defense Exhibit 13333 — Contains a redacted document whose top portion was excluded after the court sustained a hearsay objection.

Defense Exhibit 13711 — Contains a communication identifying a $50 million revenue projection as Sunny Balwani's estimate.

Defense Exhibit 13719 — Contains a December 2014 email chain discussing deferred revenue and the possible recognition of $100 million.

Defense Exhibit 13744 — Contains an email used in an attempt to refresh Spivey's recollection about consulting KPMG on stock options.

Defense Exhibit 13762 — Contains Holmes's email to Theranos employees following the Novartis demonstration.

Defense Exhibit 13862 — Shows highlighted calendar items and a date; written material was excluded.

Defense Exhibit 13863 — Shows an entry in Elizabeth Holmes's calendar for a May 29, 2014 meeting with Adam Rosendorff.

Defense Exhibit 13864 — Contains a May 30, 2014 email concerning a proposed CLIA meeting.

Defense Exhibit 13875 — Contains an HCG email chain discussing use of the Immulite, holds on Edison orders, redraws, and additional study.

Defense Exhibit 13876 — Contains a June 2014 HCG email chain addressing quality control and whether HCG was back on the Edison.

Defense Exhibit 13877 — Contains a June 18, 2014 email discussing Edison use in the CLIA laboratory after Rosendorff's hold.

Defense Exhibit 13878 — Contains a July 2014 email concerning HCG use on the Edison in the CLIA laboratory.

Defense Exhibit 13881 — Contains a reagent-inventory email chain concerning an Immulite HCG backlog.

Defense Exhibit 13895 — Contains Sung's email about Celgene's internal assay-validation discussions and possible use of an external consultant.

Defense Exhibit 13896 — An agenda outlines a face-to-face meeting scheduled for May 7, 2010.

Defense Exhibit 13897 — Emails and a Celgene assay-development presentation are associated with the May 7, 2010 meeting.

Defense Exhibit 13898 — Emails accompany the first assay-development report Theranos sent after Celgene requested PD validation documentation.

Defense Exhibit 13899 — An email from Kapil Gadkar states that validation reports were forthcoming.

Defense Exhibit 13900 — A July 26, 2010 email transmits validation reports for LH, FSH, and estradiol.

Defense Exhibit 13901 — Correspondence thanks Theranos for the validation reports and acknowledges the time taken to finalize them.

Defense Exhibit 13902 — An email transmits an IGF-1 PD assay-validation report.

Defense Exhibit 13905 — A July 2013 email concerns proficiency testing.

Defense Exhibit 13907 — An email chain reflects Peter Bryan's scientific review of the final ACE-011 PK report.

Defense Exhibit 13923 — Calendar entries concern the IQP and AAP decisions meeting.

Defense Exhibit 13935 — A branding and communications meeting report addresses public materials and wording about turnaround times.

Defense Exhibit 13950 — A June 2014 email between Adam Rosendorff and Ramesh Balwani concerns CLIA laboratory operations.

Defense Exhibit 13952 — A March 2014 Walgreens investor-relations email exchange states that the project was going well and that new milestones would be shared.

Defense Exhibit 13961 — Emails between Sunil Dhawan and Brad Arington concern regulatory qualifications.

Defense Exhibit 13977 — SOCOM correspondence documents agreement modifications and Edlin's repeated follow-up efforts.

Defense Exhibit 13980 — Contains Grow Marketing emails circulating an updated Theranos story document and healthcare-industry statistics.

Defense Exhibit 13987 — Contains an internal RDV email stating that the investment had been funded before the approval document was signed.

Defense Exhibit 13988 — Contains a July 2015 company-wide email announcing Theranos's first FDA clearance for HSV-1.

Defense Exhibit 14001 — Contains a report on Dr. Rabodzey's visit to a Theranos testing center at a Palo Alto Walgreens.

Defense Exhibit 14002 — Contains an email reporting regulatory research concerning Theranos.

Defense Exhibit 14018 — Contains an agreement between Theranos and UnitedHealth concerning reimbursement.

Defense Exhibit 14054 — Contains a report of a diligence call with a scientist who developed laboratory-developed tests.

Defense Exhibit 14073 — Contains an email concerning Grossman's personal blood testing and a physician friend.

Defense Exhibit 14080 — Contains an October 31 confirmation of an executed signature page.

Defense Exhibit 14081 — Contains redacted minutes of the December 17 DeVos family council meeting.

Defense Exhibit 14089 — Contains an October 24, 2014 email concerning the Walton family's expected Theranos investment.

Defense Exhibit 14106, paragraph 2 — Contains redacted paragraph 2 concerning interest, before a visit, in a possible $100 million investment.

Defense Exhibit 14109 — Contains an email exchange between Eisenman and Agent Hernandez.

Defense Exhibit 14118 — Contains an email chain involving Mosley and Holmes concerning Theranos matters and confidentiality agreements.

Defense Exhibit 14119 — Contains a September 2, 2014 email from Mosley to Holmes concerning his review and follow-up.

Defense Exhibit 14124 — The email exchange dates from early October 2014 and involves Mosley and Elizabeth Holmes.

Defense Exhibit 14129 — The follow-up email chain concerns materials expected by Mosley and Greg Penner.

Defense Exhibit 14130 — The message slip notes a call from Elizabeth Holmes to Mosley.

Defense Exhibit 14135 — The October 2014 email exchange concerns redemption rights.

Defense Exhibit 14149 — The email chain between Mosley and Elizabeth Holmes dates from late September 2014.

Defense Exhibit 14151 — The October 2014 emails concern meetings involving Cox and Niarchos.

Defense Exhibit 14152 — The document contains Niarchos Foundation questions transmitted before its meeting with Theranos.

Defense Exhibit 14153 — The October 2014 email chain between Mosley and Elizabeth Holmes concerns the Niarchos meeting.

Defense Exhibit 14168 — The email introduces Elizabeth Holmes and Hank Slack.

Defense Exhibit 14169 — The November 2014 email concerns Hank Slack.

Defense Exhibit 14186 — The email from Daniel Mosley discusses the confidentiality of Theranos technology.

Defense Exhibit 14213 — The document is a Series B preferred-stock purchase agreement dated February 2006.

Defense Exhibit 14224 — The July 2010 email concerns whether Eisenman would sell his stock.

Defense Exhibit 14225 — The July 2010 emails concern Eisenman's requests for investment information.

Defense Exhibit 14226 — The emails concern Larry Ellison's board status and communications with investors.

Defense Exhibit 14271 — Contains Roger Parloff's May 9, 2014 research-update email to Holmes.

Defense Exhibit 15002 — Reports the results of the Stanford study in a peer-reviewed paper.

Defense Exhibit 15004 — Contains an email exchange about preparing a System 4.0 presentation for GlaxoSmithKline.

Defense Exhibit 15013 — Contains Holmes's email providing potential investor Bob Grady with pharmaceutical-company contacts.

Defense Exhibit 15015 — Contains an email from Edison Liu facilitating an introduction to Tow Chong.

Defense Exhibit 15017 — Contains an email concerning the 2006 Novartis demonstration with an attached photograph.

Defense Exhibit 15022 — Describes Theranos system features and reported clinical evaluations in a 2008 presentation.

Defense Exhibit 15023 — Contains Gary Frenzel's discussion of possible additional testing methods.

Defense Exhibit 15032 — Contains projected financial statements in Theranos board materials from July 2014.

Defense Exhibit 15039 — Contains a 2015 Pfizer email concerning Pfizer's perception of the technology and Holmes's understanding of that perception.

Defense Exhibit 15040 — Contains an email between Holmes and Ivan Bottoli at Novartis concerning a completed validation report.

Defense Exhibit 15041 — Contains an email concerning potential additional work with Pfizer.

Defense Exhibit 15044 — Provides an internal update concerning pharmaceutical projects and Mayo Clinic work.

Defense Exhibit 15045 — Contains a 2010 email concerning Schering-Plough feedback after its merger with Merck.

Defense Exhibit 15046 — Describes System 4.0 development in a December 2010 board presentation.

Defense Exhibit 15047 — Contains an email chain concerning continued Pfizer interest in Theranos technology.

Defense Exhibit 15054 — Contains a Holmes email requesting a written trade-secret policy.

Defense Exhibit 15058 — Contains a 2009 email and PowerPoint sent to Thomas Breuer at GSK.

Defense Exhibit 15061 — Contains emails concerning James Mattis's departure from the Theranos board.

Defense Exhibit 15062 — Contains a Theranos board presentation from July 2015.

Defense Exhibit 15066 — Documents the 2009 transmission of the GSK report to Aiden Flynn for review.

Defense Exhibit 15070 — Contains a draft response and comments addressing Tyler Shultz.

Defense Exhibit 1938 — Contains the agenda for the 2014 BDT conference.

Defense Exhibit 2170 — Contains an email and executed signature page relating to the Theranos investment closing.

Defense Exhibit 3241 — Contains a Centocor email exchange concerning the presentation of study data.

Defense Exhibit 4005 — Contains minutes of the October 8, 2013 Theranos board meeting.

Defense Exhibit 4176 — Contains consolidated income statements showing operating expenses and research-and-development spending for 2011 through 2013.

Defense Exhibit 7051 — Contains Holmes's September 2003 patent application.

Defense Exhibit 7079 — Contains a Holmes email to Cullen and Jim McLeod with an invoice, program overview, and validation protocol.

Defense Exhibit 7087 — Contains an email from Dr. Robertson concerning the evaluation of new technologies.

Defense Exhibit 7091 — Contains a December 2009 email and grant materials concerning payments for a burn study.

Defense Exhibit 7096 — Contains a January 2010 email from Dr. Ian Gibbons concerning expansion of system capabilities.

Defense Exhibit 7109 — Contains Theranos materials supplied for the Johns Hopkins evaluation.

Defense Exhibit 7117 — Contains Walgreens agreement drafts with Theranos warranty comments.

Defense Exhibit 7161 — Contains an email forwarded to Holmes concerning laboratory error rates.

Defense Exhibit 7190 — Contains Burd's 2011 email to Hy-Vee CEO Rick Jurgens concerning Safeway's due diligence.

Defense Exhibit 7217 — Contains emails requesting updated assay-performance content for a Department of Defense presentation.

Defense Exhibit 7228 — Contains an email forwarding the report from Theranos's initial CMS inspection.

Defense Exhibit 7230 — Contains a Daniel Young email addressing planned tests and billing codes.

Defense Exhibit 7243 — Contains emails concerning a hardware-only Minilab demonstration without sample testing.

Defense Exhibit 7244 — Contains an email reporting results from a July 2012 Chicago demonstration.

Defense Exhibit 7314 — Contains an August 2013 email projecting the service-center launch test menu.

Defense Exhibit 7338 — Contains a Walgreens-visit email and an attached spreadsheet listing tests performed during the restricted launch.

Defense Exhibit 7353 — Contains a November 1 email introducing Theranos to PFM.

Defense Exhibit 7354 — Contains a PFM email reflecting its initial reaction to Theranos.

Defense Exhibit 7358 — The document contains PFM analyst research and Walgreens-related feedback.

Defense Exhibit 7366, pages 2 through end — The materials contain a BDV acknowledgement disclosing Theranos information described as unavailable to participating investors.

Defense Exhibit 7378 — The email concerns Rabodzey's independent visit to the Palo Alto Walgreens.

Defense Exhibit 7383 — The email summarizes restated intent, accelerated payment, exclusivity, and rollout-plan terms.

Defense Exhibit 7390 — The document contains Grossman's instruction that Rabodzey approach the Theranos meeting skeptically.

Defense Exhibit 7399 — The January 21, 2014 email addresses CLIA, FDA, consultants, and the phase-two strategy.

Defense Exhibit 7403 — The document contains Dr. Rabodzey's review of Theranos assay data and related reference material.

Defense Exhibit 7421 — The emails concern Daniel Young's meetings about concerns raised by Tyler Shultz.

Defense Exhibit 7434 — The document contains Tyler Shultz's email raising concerns and Holmes's response.

Defense Exhibit 7439 — The document contains an alternate version of the response to Tyler Shultz.

Defense Exhibit 7462 — The email chain concerns a physician's questions about lipid-panel results.

Defense Exhibit 7469 — The 2014 Walgreens-related email forwards patient feedback.

Defense Exhibit 7482 — The October 2014 email chain concerns a physician inquiry and AAP data.

Defense Exhibit 7494 — The materials contain a meeting invitation and draft policy concerning IQP and AAP decisions.

Defense Exhibit 7586A, page 1 — The email contains a customer-feedback entry reporting that laboratory results were cross-checked as "congruent." Its stated use was limited to Holmes's state of mind regarding the Walgreens arrangement, rather than the truth of the email.

Defense Exhibit 7586A, remaining material — Contains the remaining customer-feedback and phlebotomist-report material associated with Exhibit 7586A.

Defense Exhibit 7618 — Captures an October 2015 email exchange between Miquelon and Holmes.

Defense Exhibit 7622 — Contains a December 2015 email exchange concerning possible Theranos opportunities in the Middle East.

Defense Exhibit 7653 — Contains a Holmes email to the board forwarding William Foege's notes about an expert review.

Defense Exhibit 7657 — Contains a March 2016 email exchange concerning possible Theranos opportunities in the GCC region.

Defense Exhibit 7676 — Captures an August 2016 email exchange reflecting continued contact and encouragement between Miquelon and Holmes.

Defense Exhibit 7719 — Contains a paper titled “Engineering of a Miniaturized, Robotic Clinical Laboratory.” Its stated purpose was limited to showing submission and publication of peer-reviewed work.

Defense Exhibit 7731 — Contains Holmes's handwritten schedule and leadership tenets.

Defense Exhibit 7734 — Contains handwritten business and leadership notes attributed to Ramesh Balwani.

Defense Exhibit 7761 — Contains a July 2014 email and an attached balance sheet showing nearly $169 million in deferred revenue and customer deposits.

Defense Exhibit 9368 — Contains a TSH assay-validation report for the Theranos 3.X system.

Defense Exhibit 9412 — Contains a vitamin D assay-validation report for the Edison device.

Defense Exhibit 9501 — Identifies the patent described as having issued from the original idea.

Defense Exhibit 9903 — Contains Theranos's refrigerator and freezer temperature-monitoring procedure and related logs.

Defense Exhibit 9910 — Contains a Theranos quality-assurance manual effective in 2011.

Defense Exhibit 9915 — A Theranos procedure addresses the reporting of test results.

Defense Exhibit 9941 — A proficiency-testing standard operating procedure bears Dhawan's signature.

Defense Exhibit 9945 — A Theranos quality-systems manual had an effective date of July 28, 2014.

Defense Exhibit 9962 — A September 2015 quality systems manual was reviewed and signed by Dhawan.

Defense Exhibit DX 12846 — A document identified as Defense Exhibit DX 12846 was described by the court as having been posted without redacting a patient's name.

Defense jury-instruction objections in ECF 1174 — ECF 1174 contains defense objections to jury instructions.

Defense letter stating its position on whether the LIS door had been opened — A defense letter states its position on whether the LIS door had been opened.

Defense packet listing the government's proposed text messages, defense objections, and additional completeness designations — A defense packet lists the government's proposed text messages, defense objections, and additional completeness designations.

Defense Proposed Instruction 32 on trade secrets — Proposes Defense Instruction 32 concerning trade secrets.

Defense proposed Sand model instruction on the number of witnesses — Proposes a Sand model instruction concerning the number of witnesses.

Defense request 1180 customer-feedback records — Customer-feedback records were covered by defense request 1180, and the court left its previous order sustaining the objection in place.

Defense Rule 17 subpoena implicated by reporter's privilege objections — A defense Rule 17 subpoena was implicated by objections based on reporter's privilege.

Defense-discussed favorable physician and patient reviews concerning test prices, access, turnaround time, and comparison results — Favorable physician and patient reviews discussed by the defense concern test prices, access, turnaround time, and comparison results.

Disclosed travel itineraries for Holmes's company-paid trips with Theranos board members, including travel to Washington, D.C. — Contains disclosed itineraries for company-paid trips by Holmes with Theranos board members, including travel to Washington, D.C.

Dkt. 1116 — A defense motion sought to exclude BB's testimony.

Dkt. 1116-2 — A redacted FBI interview report concerns BB's attempt to contact Theranos.

Dkt. 798 — A motion-in-limine order restricted accuracy and reliability evidence concerning tests not identified in the bill of particulars.

Docket 1000 — A defense motion sought to exclude certain anticipated potential-witness testimony.

Docket 1004 — A government filing responded to and opposed the defense motion.

Docket 1103 — Holmes's motion sought to exclude certain testimony from Roger Parloff.

Docket 1146 — A motion concerned Roger Parloff's testimony.

Docket 1163 — A defense motion sought to admit Ramesh Balwani's prior testimony.

Docket 1166 — A government filing opposed admitting Ramesh Balwani's prior testimony.

Docket 809, page 88 — A defense-proposed jury instruction concerning civil regulatory evidence appears at page 88 of Docket 809.

Document 1014 — An ex parte government application sought immunity for Surekha Gangakhedkar.

Document 1019 — A United States memorandum of law addresses the Cheung email exhibits.

Document 1023 — A defense notice concerns Surekha Gangakhedkar's testimony.

Document 1025 — A government response addresses the defense notice regarding Surekha Gangakhedkar's testimony.

Document 1098 — Filed by John D. Cline, Document 1098 was described by him as concerning Dr. Weber.

Document 1140 — A renewed motion by Holmes seeks admission of customer survey reports.

Document 1150 — A government motion seeks to exclude Fabrizio Bonanni's testimony.

Document 1163 — A continued defense motion concerns deposition excerpts.

Document 469 — The Third Superseding Indictment is identified as Document 469.

Document production from an unrelated investigation of a company where Adam Rosendorff also worked — Contains documents produced from an unrelated investigation of a company where Adam Rosendorff also worked.

Documents described by the government as discussing possible use of the null protocol during demonstrations and being shared with Holmes — Contains documents that the government described as discussing possible use of the null protocol during demonstrations and as having been shared with Holmes.

Documents reflecting Alan Eisenman's prior regulatory issues, which the defense said it did not intend to introduce — Contains documents reflecting Alan Eisenman's prior regulatory issues that the defense said it did not intend to introduce.

Documents that Schenk said Sunil Dhawan signed without knowing the source of their information — Contains documents that Schenk said Sunil Dhawan signed without knowing the source of their information.

DX 10479 — An email identified as Defendant's Exhibit 10479 communicates the Normandy 911 notification practice.

DX 10480 — A November 27, 2013 email identified as Defendant's Exhibit 10480 describes daily hardware quality control for Edison devices.

DX 12587 — An email chain identified as Defendant's Exhibit 12587 concerns a bicarbonate investigation.

DX 12607 — Emails identified as Defendant's Exhibit 12607 concern a potassium assay.

DX 12913 — An Invitae offer letter is identified as Defendant's Exhibit 12913.

DX 12916 — Contains an email concerning Rosendorff's resignation, labeled Defendant's Exhibit 12916.

DX 13754 — Contains Rosendorff's résumé, labeled Defendant's Exhibit 13754.

DX 13891 — Contains laboratory-director meeting minutes dated May 20, 2014, labeled Defendant's Exhibit 13891.

DX 13893 — Contains an email chain concerning ISE troubleshooting, labeled Defendant's Exhibit 13893.

DX 9645 — Contains a Theranos patent concerning devices, methods, and systems for reducing sample volume, labeled Defendant's Exhibit 9645.

DX 9907 — Contains a policy addressing complaint investigation and communication, labeled Defendant's Exhibit 9907.

DX 9909 — Contains a clinical-laboratory corrective and preventive action procedure, labeled Defendant's Exhibit 9909.

ECF 1176 — Contains the government's revised proposed jury instructions filed as ECF 1176.

ECF 1188 — Contains joint proposed jury instructions filed as ECF 1188.

Eisenman's stock-purchase agreement was invoked by the defense as limiting his information rights and reliance, while the government argued that its provisions did not exclude testimony about earlier alleged misrepresentations. — Contains Eisenman's stock-purchase agreement, whose provisions prompted opposing arguments about his information rights, reliance, and testimony concerning earlier alleged misrepresentations.

Electronically delivered SOPs and assay validation or verification documents reviewed by Sawyer — Contains electronically delivered SOPs and assay validation or verification documents reviewed by Sawyer.

Email concerning Alternate Juror No. 3's new position — Contains an email concerning Alternate Juror No. 3's new position.

Email described by defense counsel as documenting Adam Rosendorff's awareness and concern that he could lose his license — Contains an email that defense counsel described as documenting Adam Rosendorff's awareness and concern that he could lose his license.

Email described by defense counsel as memorializing Shane Weber's January 2009 call with Holmes about the absence of a current business future between Pfizer and Theranos — Contains an email that defense counsel described as memorializing Shane Weber's January 2009 call with Holmes about the absence of a current business future between Pfizer and Theranos.

Email exchange concerning the team's workload, frustration, and criticism of the software team's late-night work — Contains an exchange concerning the team's workload, frustration, and criticism of the software team's late-night work.

Email from a seated juror, as described by the court, reporting her mother-in-law's death and possible travel needs — Contains an email from a seated juror that the court described as reporting her mother-in-law's death and possible travel needs.

Email from Juror No. 7 stating that her employment could not be rescheduled to permit continued jury service — An email from Juror No. 7 states that her employment could not be rescheduled to permit continued jury service.

Email from the court's media coordinator forwarding a report about remarks near jurors waiting for security — An email from the court's media coordinator forwards a report about remarks made near jurors waiting for security.

Email previously provided to the parties at counsel's request — An email had previously been provided to the parties at counsel's request.

Email referring to Mosley recommending clients — An email refers to Mosley recommending clients.

Email reporting that audience typing continued to distract several jurors — An email reports that audience typing continued to distract several jurors.

Exhibit 10483 — Contains a duplicate of the document labeled Exhibit 13993, separately labeled Exhibit 10483.

Exhibit 1065 — Contains an email chain discussed during a procedural hearing as casual conversation, a business record, or employee-agent statements.

Exhibit 10692 — Contains an underlying investment spreadsheet listing names and investment amounts, labeled Exhibit 10692.

Exhibit 11014 — Contains a record used during Alan Eisenman's cross-examination to refresh his recollection about statements to FBI agents and his 2013 calls with Balwani.

Exhibit 11021 — Contains Eisenman's prior Theranos-related deposition transcript, labeled Exhibit 11021.

Exhibit 11115 — Contains a memorandum concerning Mosley's 2017 interview by the SEC and FBI, labeled Exhibit 11115.

Exhibit 11117 — Contains prior deposition testimony concerning FDA approval and a CLIA waiver.

Exhibit 12251, 10457, and 7694 — Contains military-related material concerning AFRICOM, a proposed Afghanistan experiment, and the burn study.

Exhibit 12285 — Contains a 2010 email describing Theranos as an early-stage startup carrying immense risk.

Exhibit 12604 — Contains an email between Christopher Lucas and a Black Diamond Ventures investor concerning Theranos.

Exhibit 1295 — Contains a December 3, 2013 email concerning inspection scripting.

Exhibit 14 originals — Contains the original handwritten notes underlying Exhibit 14.

Exhibit 14113 — Contains a document shown to Alan Eisenman during discussion of Novartis.

Exhibit 14217 — Contains a list of late-2013 Theranos investors through Black Diamond Ventures.

Exhibit 14233 — Contains an email Alan Eisenman sent to Agent Hernandez after his earlier testimony.

Exhibit 14234 — Contains a later email that Alan Eisenman characterized as concerning travel rather than the case.

Exhibit 1431, 1512, 1522, 1524, 1528, 1530, 1548, 1557, 1587, 1589, 1595, 1611, 1617, and 1633 — Contains a group of email exhibits identified by the defense during procedural discussion.

Exhibit 1496 — Contains a proposed exhibit described by the parties as Daniel Edlin's email reporting selected comments from a meeting with military representatives.

Exhibit 15023, 15039, 15041, 15044, 15045, and 15047 — Contains documents bearing Bates numbers HOLMES 0019083 through 0019267.

Exhibit 15035 — Contains a document identified as the Shultz letter.

Exhibit 15066 and 15058 — Shows materials cited in closing argument for Theranos sending GSK a report bearing Theranos and GSK logos before sending it to Walgreens.

Exhibit 1667, 7421, and 7434 — Documents concern Tyler Shultz's laboratory concerns and Theranos's response.

Exhibit 1853 and 5190 — Documents contain an RDV projected income statement and Aranca valuation projections.

Exhibit 2 — An October 11, 2008 email was described by the court as transmitting a Theranos report to Pfizer.

Exhibit 2470 — Exhibit 2470 was temporarily withheld while counsel corrected the scope of redactions for the jury.

Exhibit 2580 / Document 1146-4 — Designated portions of Roger Parloff's interview with Elizabeth Holmes were filed as Document 1146-4.

Exhibit 2931 — An email concerns Cheung's communications with CMS.

Exhibit 3 to Cline declaration — A transcript covers designation four and was identified as Exhibit 3 to Cline's declaration.

Exhibit 3144 — An April 1, 2016 Theranos letter bears Das's signature.

Exhibit 3217 — An email from Heather King to Sunil Dhawan includes an attached CMS document.

Exhibit 3733 — Exhibit 3733 was the subject of a request by Holmes to exclude it.

Exhibit 4 — A proposed exhibit was described as an email from Carolyn Balkenhol attaching the GSK report and relaying that the report with logos was being sent at Holmes's direction. The government raised hearsay, foundation, and relevance objections.

Exhibit 4005 and 4553 — Board minutes and post-publication emails concern Theranos's use of third-party analyzers.

Exhibit 4145 — HCG communications and records describe the laboratory's response to a potentially erroneous result.

Exhibit 4162 — A letter and attachment concern the Stavros Niarchos Foundation.

Exhibit 4316 — A December 3, 2013 email concerns the downstairs laboratory.

Exhibit 4380 — Contains proposed 2015 emails involving Daniel Mosley, including Exhibit 4380.

Exhibit 4621A and 4621B — Contains a redacted January 25, 2016 CMS Form 2567 and its cover letter. The defense moved to strike the documents and related portions of Kingshuk Das's testimony, and the government opposed the motion.

Exhibit 5248 — Shows a $1,126,661 wire transfer identifying Horizon Media, Inc. as the beneficiary.

Exhibit 5387 — Contains PwC's 449-page recreated spreadsheet, prepared in response to a subpoena using data from three devices.

Exhibit 5400 — Contains a November 2015 fingerstick-collection policy that was not the version Lynette Sawyer reviewed.

Exhibit 5402 — Contains a September 14, 2021 order compelling Gangakhedkar's testimony and providing use and derivative-use protection.

Exhibit 5448 — Contains a January 2014 Theranos offering email exchange with Black Diamond Ventures.

Exhibit 7164 — Contains an email and attached correspondence associated with Jonathan Simons.

Exhibit 7384 — Contains an investment-related email exchange involving Hall Group.

Exhibit 7476, 7557, 7561, 7571, 7573, 7575, 7576, 7579, 7583, and 7586 — Contains proposed customer-feedback reports identified as Exhibits 7476, 7557, 7561, 7571, 7573, 7575, 7576, 7579, 7583, and 7586.

Exhibit 7514 — Contains feedback about access to blood testing that the defense characterized as positive during closing argument.

Exhibit 7671 — Contains an announcement concerning the quality and compliance committee and new personnel.

Exhibit 9048 — Contains a vitamin B12 assay-development report dated 2013.

Exhibit 9086 and 9098 — Contains calcium and chloride assay validation reports for modified Siemens analyzers.

Exhibit 9381 — Contains a total T4 assay-validation report for the Edison 3.5 system.

Exhibit 9412, 9381, 9382, 9384, 9196, 9409, 9323, and 9158 — Contains Edison validation reports for vitamin D, total T4, testosterone, T3, HCG, vitamin B12, prolactin, and estradiol.

Exhibit A to Defense Motion 1163 (1163-2) — Contains SEC investigative testimony concerning the null protocol.

Exhibits and emails containing names, demonstration results, and personal or health information — Exhibits and emails contain names, demonstration results, and personal or health information.

Existing 302 concerning witness BB — An existing 302 concerns witness BB.

February 26, 2020 government interview memorandum — A government interview memorandum is dated February 26, 2020.

Final jury instructions — Sets out final written jury instructions governing evidence, credibility, conspiracy, wire fraud, good faith, materiality, victim negligence, and loss.

Follow-up HCG study that Zachman believed involved approximately 30 samples — A follow-up HCG study was described as one that Zachman believed involved approximately 30 samples.

Form 15291 — Identifies microsample, patient-choice, and traditional-phlebotomy options on a widely available Theranos form.

Government Exhibit 1019 — Contains Gangakhedkar's August 21, 2013 email to the ELISA group concerning validation plans.

Government Exhibit 1020 — States that ELISA launch and LDT validation were the team's sole priority and lists assays for 3.x and Siemens ADVIA systems.

Government Exhibit 1027 — Contains CENTCOM email communications.

Government Exhibit 1049 — Contains Rosendorff's August 29, 2013 email raising concerns about assays, staffing, and training.

Government Exhibit 1090 — Contains an email chain concerning Joseph Rago's draft Wall Street Journal article.

Government Exhibit 1102 — Contains a September 2013 Theranos shareholder email announcing the commercial launch.

Government Exhibit 1109 — Contains Gangakhedkar's September 2013 resignation letter.

Government Exhibit 1172 — Contains an October 2013 board presentation with clinical-correlation data.

Government Exhibit 1172A — Contains an excerpt of the October 2013 Theranos board presentation.

Government Exhibit 1176 — Identifies the core ELISA and Binders teams.

Government Exhibit 1240 — Contains a November 2013 laboratory-compliance email chain.

Government Exhibit 1248 — The email discusses Rosendorff's proposed disclosure of a TSH report and management's rejection of the proposal.

Government Exhibit 1254 — The email forwards an article about Theranos.

Government Exhibit 1323 — The email concerns continuing quality-control failures.

Government Exhibit 1334 — The document contains a December 2013 email chain and a memo to Theranos stockholders.

Government Exhibit 1346 — The email announces a December 20, 2013 investor call and describes a year-end Series C-1 investment opportunity.

Government Exhibit 1362 — The email identifies Alan Eisenman's intended late-2013 Theranos investment and associated individuals or entities.

Government Exhibit 1370 — The document contains a 2013 investment-offer email chain.

Government Exhibit 1396 — The document contains a January 8, 2014 email and a balance sheet prepared in response to Balwani's request.

Government Exhibit 1422 — The email shows Grossman seeking review of a document signed at the January 10 meeting.

Government Exhibit 143 — The email from Elizabeth Holmes to Pfizer personnel includes an attached Theranos angiogenesis study report.

Government Exhibit 1430 — The document contains a January 2014 quality-control policy email and attachment.

Government Exhibit 1432 — The emails concern vitamin D quality-control variability, the use of three Edison devices, and manual removal of data points.

Government Exhibit 1434 — The email includes confidential disclosure agreements signed by PFM personnel.

Government Exhibit 1477 — The email concerns open diligence questions about venous draws.

Government Exhibit 1525 — The email chain reports repeated TSH quality-control failure.

Government Exhibit 1543 and 1555 — Emails concern unexpectedly low HDL results and Rosendorff's recommendation to revert to venous predicate testing.

Government Exhibit 1557 — The document describes Cheung's clinical-laboratory duties.

Government Exhibit 1587 — The document lists Edison readers experiencing quality-control or mechanical problems.

Government Exhibit 159 — A 2008 email chain concerns Weber's review of Theranos and related study materials.

Government Exhibit 162 — An email transmits a final Theranos report and a nondisclosure agreement to Weber.

Government Exhibit 1675 — An April 2014 email exchange concerns Tyler Shultz.

Government Exhibit 1711 — A May 2014 executive steering committee email includes a slide deck.

Government Exhibit 1717 — Emails concern recurring sodium, potassium, and chloride bias and proposed changes to the testing method.

Government Exhibit 1724 — A Rosendorff email seeks an update on unresolved proficiency-testing concerns.

Government Exhibit 1752 — A Holmes-to-Edlin email includes an attached Schering-Plough-labeled Theranos validation report.

Government Exhibit 1755 — The document contains May 2014 partnership meeting minutes.

Government Exhibit 1770, pages 1 and 2 — A June 2014 Theranos shareholder email links to a Fortune cover story.

Government Exhibit 1772 — Emails concern Edison quality-control failures, unavailable readers, and a testing backlog.

Government Exhibit 1828 — The document contains Rosendorff's potassium performance statistics and internal responses concerning the assay.

Government Exhibit 188 — Emails and a protocol concern the Theranos cytokine-panel validation program.

Government Exhibit 1896 — Contains an August 15, 2014 email from Jhaveri to Ramesh Balwani.

Government Exhibit 1906 — Contains a calendar invitation and Jhaveri's contemporaneous notes from the associated meeting.

Government Exhibit 1909 — Contains August 2014 email correspondence between Jhaveri and Ramesh Balwani.

Government Exhibit 192 — Contains a calendar invitation and agenda for a Theranos due-diligence meeting in May 2009.

Government Exhibit 1940 — Contains emails identifying the contents of binders holding Theranos investment materials.

Government Exhibit 195 — Contains a 2009 AstraZeneca email discussed in relation to Holmes's state of mind regarding the technology.

Government Exhibit 1953 — Contains an email chain about high calcium results, repeat testing at another laboratory, and an internal discussion of assay accuracy.

Government Exhibit 1992 — Contains a Peterson email concerning possible involvement in the Theranos investment.

Government Exhibit 201 — Contains an April 2009 email describing a validation program and an anticipated presentation in May.

Government Exhibit 2083 — Contains correspondence between Audra Zachman and Theranos representative Leslie Neville about follow-up concerning disputed HCG results.

Government Exhibit 2097 — Contains Peterson's October 20, 2014 email characterizing an on-the-spot commitment of $100 million.

Government Exhibit 2099 — Contains Rosendorff's October 16, 2014 email concerning proficiency testing and CMS.

Government Exhibit 2110 — Contains an October 21, 2014 email sent after the Niarchos Foundation meeting.

Government Exhibit 2139 — Contains communications between Peterson and Balwani concerning documentation and signatures.

Government Exhibit 2149 — Contains an email chain about capillary-blood reference ranges that Rosendorff later forwarded to his personal account.

Government Exhibit 2172 — Contains an October 31, 2014 letter concerning the minimum redemption price for Mosley and his clients' Series C-2 shares.

Government Exhibit 2188 — Contains emails concerning sample-specific reference ranges and lower quality-control failure rates on predicate devices.

Government Exhibit 2206 — Contains a physician's email reporting apparently inaccurate patient results and Rosendorff's response.

Government Exhibit 2223 — Contains a 2014 email chain concerning a negative UBS report on Theranos.

Government Exhibit 2228 — Contains an email chain concerning voided critical ISE results, redraws, and management's response.

Government Exhibit 223 — Contains a June 2009 email requesting an assay-development update.

Government Exhibit 2248 — Contains Dhawan's November 2014 Theranos consulting agreement.

Government Exhibit 2275 — Contains a December 2014 email requesting financial and technology information.

Government Exhibit 2327 — Contains an email exchange between Elizabeth Holmes and Rupert Murdoch following his Theranos visit.

Government Exhibit 2548 — Contains an October 2015 email chain about a reporter's inquiry and Balwani's response.

Government Exhibit 256 — Contains Spivey's email to Elizabeth Holmes with financial statements for the period ending December 2009.

Government Exhibit 2567 — Contains a letter delivered to Cheung from a law firm representing Theranos.

Government Exhibit 259 — Contains a Theranos validation report and a related December 2009 email.

Government Exhibit 2611 — Contains a July 2015 Theranos board presentation.

Government Exhibit 2663 — Contains an August 2015 email requesting Dhawan's review and signature on validation, SOP, and training documents.

Government Exhibit 2760 — Contains a September 2015 request from Balwani for Dhawan to attend and prepare for a laboratory audit.

Government Exhibit 2772 — Contains a September 2015 exchange arranging for Dhawan to sign Theranos documents at the facility.

Government Exhibit 278 — Contains an email chain and Theranos presentation provided after the March 2010 meeting.

Government Exhibit 2791 — Contains a September 2015 employment document naming Dhawan as laboratory director and stating a June 1, 2015 start date.

Government Exhibit 281 — Contains Burd's 2010 letter to Holmes proposing a Safeway-Theranos arrangement.

Government Exhibit 2932 — Contains a board email chain concerning Edison accuracy and independent testing.

Government Exhibit 2972 — Contains a November 2015 request for a meeting to review September and October monthly quality-control data.

Government Exhibit 300 — Contains Miquelon's April 2010 email to Walgreens executives before a Theranos presentation.

Government Exhibit 3070 — Contains a redacted email chain about missing or questionable results from a fingerstick-to-venous comparison.

Government Exhibit 3217, page 1 — Contains a July 2016 email with the subject “CMS Notice on Imposition of Sanctions.”

Government Exhibit 3231 — Contains emails addressing the status of general-chemistry assay validation shortly before commercial launch.

Government Exhibit 3233 — Contains Theranos's 2015 tax return.

Government Exhibit 3387 — Contains a Theranos investment-material binder reviewed by Daniel Mosley.

Government Exhibit 3404 — Contains a Theranos presentation reviewed with Holmes, including slides about sample size, test range, and accuracy.

Government Exhibit 3477 — Contains a March 2014 email chain concerning a vitamin D study.

Government Exhibit 3526 — An email titled “Internal Vitamin D PT,” identified as Government Exhibit 3526.

Government Exhibit 370 — A July 2010 email from Holmes transmitting Theranos financial projections, identified as Government Exhibit 370.

Government Exhibit 378 — An August 24, 2010 Safeway board presentation by Burd concerning the Theranos mini-lab deal, identified as Government Exhibit 378.

Government Exhibit 3844 — Johns Hopkins material supplied during Mosley’s investment review, identified as Government Exhibit 3844.

Government Exhibit 3849 — An email from Sung to Elizabeth Holmes concerning assay expertise, validation, and the ACE-011 program, identified as Government Exhibit 3849.

Government Exhibit 3940 — A July 2013 email from Chris Lucas concerning Theranos’s new website, board members, and hoped-for increased company communication, identified as Government Exhibit 3940.

Government Exhibit 3958 — An email chain concerning missing data from completed 3.5 runs, identified as Government Exhibit 3958.

Government Exhibit 3959 — An August 31, 2013 email chain between Holmes and Gangakhedkar concerning validation status, identified as Government Exhibit 3959.

Government Exhibit 3965 — An email and draft website pages containing proposed Theranos performance claims and feedback, identified as Government Exhibit 3965.

Government Exhibit 3967 — An August 19, 2013 assay-launch email identifying 63 assays for Edison validation and other assays for the ADVIA, identified as Government Exhibit 3967.

Government Exhibit 3968 — An email from Gangakhedkar listing Edison 3.0 devices with error or failure notes, identified as Government Exhibit 3968.

Government Exhibit 3970 — Kate Beardsley’s review of Theranos website claims, identified as Government Exhibit 3970.

Government Exhibit 3981 — Comments requesting substantiation or moderation of claims in a draft Theranos website, identified as Government Exhibit 3981.

Government Exhibit 4030 — Black Diamond Ventures annual-meeting materials containing a Theranos portfolio update and descriptions of its laboratory services, identified as Government Exhibit 4030.

Government Exhibit 4044 — An email chain concerning preparations for a California laboratory audit, identified as Government Exhibit 4044.

Government Exhibit 4047 — Describes the auditors' route and areas they could not access.

Government Exhibit 4052 — Contains pre-meeting intelligence reflecting negative information about LabCorp and positive information about Walgreens.

Government Exhibit 4124 and 4127 — Contains emails about a high potassium result, possible hemolysis, and disagreement over visual review of CTN images.

Government Exhibit 4146 — Contains an email chain about a compromised specimen, approval for a redraw, and messaging to a physician.

Government Exhibit 4181 — Contains a continuation of the PT INR email chain that Sunny Balwani forwarded to Elizabeth Holmes.

Government Exhibit 4182 — Contains an email chain about a Theranos employee's conflicting PT INR results and internal concerns regarding the assay.

Government Exhibit 4189 — Contains emails about voided bicarbonate results and customer-service messaging that described the test as temporarily unavailable.

Government Exhibit 4196 — Contains Elizabeth Holmes's September 2014 media talking points for James Mattis.

Government Exhibit 4221 — Contains September 2014 emails about prospective investors, confidentiality agreements, and Mosley's memorandum.

Government Exhibit 4222 and 4228 — Contains email chains about a patient whose Theranos HCG result was reported below range before a later result exceeded 2,000.

Government Exhibit 423 — Contains a March 2011 email from Elizabeth Holmes and an attached presentation for the Safeway board.

Government Exhibit 4242 — Shows a Theranos corrected report for the October 4 HCG test, reporting 12,558 and bearing an October 8 report date.

Government Exhibit 4284 — Contains emails describing Mosley's proposed $6 million investment and Elizabeth Holmes's allocation response.

Government Exhibit 4286 — Contains Series C-2 stock-purchase documents sent by Ramesh Balwani.

Government Exhibit 4303 — Contains an email and signature pages for Mosley's investment documents.

Government Exhibit 4314 — Continues an email chain addressing HDL and LDL reliability, accuracy, and transparency with patients.

Government Exhibit 4323 — Contains an email exchange about disputed HDL and LDL patient results and requests for Rosendorff to address the physician.

Government Exhibit 4366 — Contains a redacted discussion of questions concerning demonstration results for Rupert Murdoch.

Government Exhibit 4553 — Contains a Theranos board email discussion responding to the Wall Street Journal article.

Government Exhibit 4621, page 55 — Page 55 was identified in connection with Holmes's knowledge and intent rather than for the truth of the assertions.

Government Exhibit 4621, pages 1 through 4 — Contains the CMS cover letter on pages 1 through 4 of Government Exhibit 4621.

Government Exhibit 4621B, redacted pages 51-55 — Redacted pages 51 through 55 were identified in connection with Holmes's knowledge and intent rather than for the truth of the assertions.

Government Exhibit 4845, page 19 — Shows an approximately $5.35 million wire from Black Diamond Ventures to Theranos on December 31, 2013.

Government Exhibit 4845, page 20 — Shows a Federal Reserve Bank record for a $4,875,000 wire.

Government Exhibit 4845, page 23 — Shows a JPMorgan Chase record of Mosley's wire transfer to Theranos.

Government Exhibit 4869 — Contains an excerpted confidential Theranos briefing included in an investor binder sent to Rupert Murdoch.

Government Exhibit 4871 — Contains 2006 due-diligence materials with company information and financial projections.

Government Exhibit 488 — Contains a Walgreens email with Project Beta slides.

Government Exhibit 4943 — Contains a compilation of Theranos patient impact assessments.

Government Exhibit 4943, pages 1 and 9 — Contains pages 1 and 9 of Government Exhibit 4943, including a patient-impact assessment.

Government Exhibit 495 — Contains a $10 million convertible promissory note purchased by Safeway.

Government Exhibit 496 — Contains a $15 million convertible promissory note purchased by Safeway.

Government Exhibit 5016 — Contains a January 2006 email concerning BDV's Series B investment in Theranos.

Government Exhibit 5039 — Contains an email chain concerning Celgene's ACE-011 clinical trial and proposed Theranos biomarker assays.

Government Exhibit 5049 — Contains an email transmitting the final ACE-011 PK report after internal quality assurance and audit.

Government Exhibit 5077 — Contains a March 4, 2013 email concerning a confidential, high-priority project for the 4.0 devices.

Government Exhibit 5084 — Contains a May 2013 ELISA testing email reporting noisy vitamin D calibration, no TSH response, and run errors on the 4.0.

Government Exhibit 5089 — Contains an email chain conveying Holmes's directions for a high-priority 4.0 demonstration and backup process.

Government Exhibit 5095 — Contains a July 2013 Theranos shareholder email announcing an upcoming consumer launch.

Government Exhibit 5096 — Contains an email making LDT validation the ELISA group's top priority.

Government Exhibit 5100 — Contains an August 2013 email reporting 3.5 test data, high coefficients of variation, and cartridge-production dependencies.

Government Exhibit 5106 — Contains an August 23, 2013 Edison 3.0 cartridge-failure report sent to Holmes and Daniel Young.

Government Exhibit 5126 — Contains an October 22, 2013 email from Daniel Young providing CLIA updates.

Government Exhibit 5141 — Contains a 2013 email and an Aranca common-stock valuation report.

Government Exhibit 5254 — Contains an email concerning Arizona laboratory testing volume.

Government Exhibit 5274 — Contains a September 2016 draft CMS document attached to an email from Lisa Helfend to Dr. Das.

Government Exhibit 5338 — Identifies six assays, device shortages, and documentation prerequisites in a validation plan.

Government Exhibit 5397 — Contains emails about inconsistent vitamin D results from the same sample and Rosendorff's forwarding of the email chain to his personal account.

Government Exhibit 5404 — Contains a 2011 email exchange between Holmes and Mattis concerning a military pilot.

Government Exhibit 5408 — Contains Heather King's August 2015 email to the Theranos board about John Carreyrou.

Government Exhibit 5409 — Contains March 2013 emails between Holmes and Mattis concerning proposed military deployment.

Government Exhibit 541 — Contains an email and attached Celgene presentations evaluating Theranos PK and PD assay results.

Government Exhibit 5411 — Reports an HCG value of 17,716 in a Quest Diagnostics report dated October 8, 2014.

Government Exhibit 5414 — Contains emails about pharmacodynamic-marker development and Celgene's renal study.

Government Exhibit 5416 — Contains an email from Elizabeth Holmes acknowledging receipt of Celgene's assay-evaluation materials.

Government Exhibit 5418 — Contains an HCG email chain forwarded by Ramesh Balwani to Elizabeth Holmes.

Government Exhibit 5419 — Contains an HCG email chain concerning held Edison results and proposed studies.

Government Exhibit 5420 — Contains June 2014 emails concerning HCG delays and testing on Edison and Immulite.

Government Exhibit 5421 — Contains a June 2014 email reporting Edison quality-control performance.

Government Exhibit 5421 and 5422 — Concern late-June Edison HCG quality control and instrument bring-up.

Government Exhibit 5422 — Contains a June 2014 email reporting additional Edison quality-control failures.

Government Exhibit 5426 — Appears to show a $30 million wire payment between Safeway and Theranos.

Government Exhibit 5428 — Contains a Fedwire funds message.

Government Exhibit 5432 — Contains an email chain concerning a confidential disclosure agreement, a meeting, and related materials.

Government Exhibit 5438 — Contains emails between Edlin and Holmes about replacing an accuracy claim and describing a full range of assays from a microsample.

Government Exhibit 5444 — Contains a December 2013 email chain between Lucas and Holmes about financing terms and investor questions.

Government Exhibit 5447 — Contains an email recording BDV's executed signature page and a $5,349,900 investment wire.

Government Exhibit 5485 — Contains an April 2014 email exchange between Parloff and Holmes concerning preparation for a profile.

Government Exhibit 5486 — Contains a June 1, 2014 Holmes email transmitting reports described as relating to early pharmaceutical programs.

Government Exhibit 5487 — Contains a Christian Holmes email transmitting a presentation deck and access credentials.

Government Exhibit 5488 — Contains a June 6, 2014 Holmes email addressing how to describe Theranos analytical systems and venipuncture.

Government Exhibit 5536 — Contains Safeway meeting notes describing the central-laboratory model.

Government Exhibit 5635, pages 6 and 7 — Contains travel arrangements for Holmes's November 2015 trip to Florida.

Government Exhibit 5645 — Contains a draft response to Tyler Shultz with Holmes's comments.

Government Exhibit 5704 — Contains an email from Holmes to Rupert Murdoch.

Government Exhibit 5727 — Contains a Theranos shareholder email distributing Roger Parloff's Fortune article.

Government Exhibit 5728 — Contains investor materials with Pfizer- and Schering-Plough-branded Theranos reports.

Government Exhibit 588 — Contains an email chain between Elizabeth Holmes and Erin Edgar.

Government Exhibit 615 — Contains an email and attached 2010-2011 financial statements sent to Holmes.

Government Exhibit 663 — Contains an email chain among Alan Eisenman, Nancy Minnig, and Elizabeth Holmes concerning Eisenman's requests for Theranos information.

Government Exhibit 670, pages 2 and 3 — Contains a September 2012 email exchange concerning the Safeway on-campus facility.

Government Exhibit 684 — Contains a September 2012 email exchange about launch timing and laboratory operations.

Government Exhibit 693 — Contains an October 2012 email exchange concerning a proposed six-store launch.

Government Exhibit 699 — Contains a November 2012 email concerning the six-store launch schedule.

Government Exhibit 701 — Contains a November 2012 email with the subject "Becoming Discouraged."

Government Exhibit 715 — Contains a December 2012 email exchange listing Safeway's concerns about the partnership and patient experience.

Government Exhibit 718 — Contains a December 2012 email exchange between Burd and Holmes about the delayed Safeway launch schedule.

Government Exhibit 813 — Contains a March 2013 email concerning an invoice for an inventory pre-purchase.

Government Exhibit 8154 — Contains an internal Theranos email chain concerning the HCG results.

Government Exhibit 820 — Contains an email concerning the contractual trigger for a $25 million inventory pre-purchase.

Government Exhibit 853 — Contains a May 2013 email chain reporting problems with Nanotainers, cartridges, and device runs.

Government Exhibit 871 — Contains emails about devices requested for an executive-meeting demonstration and their performance.

Government Exhibit 939 — Contains an August 2013 email chain concerning Theranos modifications to Siemens equipment and limits on what Siemens representatives could see.

Government Exhibit 949 — Contains an email chain forwarding Theranos's July 2013 shareholder update through Black Diamond Ventures.

Government Exhibit 957 — Contains emails about the collection, handoff, and processing of six Walgreens demonstration samples.

Government Exhibit 971 — Contains an August 2013 email chain concerning the final rollout plan.

Government Exhibit 972, page 4 — Contains a printed email in which Daniel Young recommended rerunning failed tests and attributing the failures to wrong cartridges.

Government interview report in which the defense said Rosendorff reported that uBiome had fired him and described suspected reasons for the termination — A government interview report was described by the defense as stating that Rosendorff reported being fired by uBiome and described suspected reasons for the termination.

Government interview reports concerning the physician — Government interview reports concern the physician.

Government Rule 404(b) disclosures concerning statements to journalists — Government Rule 404(b) disclosures concern statements to journalists.

Government-described records concerning a CMS inspection and deficiency findings at a laboratory where Adam Rosendorff worked after Theranos — Government-described records concern a CMS inspection and deficiency findings at a laboratory where Adam Rosendorff worked after Theranos.

Government-produced documents concerning another post-Theranos employer of Rosendorff and an unrelated government investigation, described by the government as subject to a protective order — Government-produced documents concern another post-Theranos employer of Rosendorff and an unrelated government investigation, and were described by the government as subject to a protective order.

Government's proposed verdict form — A proposed verdict form was submitted by the government.

GX 1288 — Contains a version of the November 2013 vitamin D quality-control email chain with additional content.

GX 1541 — Contains emails concerning HDL quality control.

GX 1543 — Contains an email chain concerning HDL.

GX 1555 — Contains an email chain concerning an HDL investigation.

GX 1556 — Contains an email concerning HDL analysis.

GX 1559 — Contains a discussion about holding and releasing HDL results.

GX 1562 — Contains conclusions from an HDL study.

Hard-copy edition of "Bad Blood" partially read by Ms. Ramer — The hard-copy edition was described as having been partially read by Ms. Ramer.

Holmes's revised proposed jury instructions, ECF 1174 — The filing contains Holmes's revised proposed jury instructions and carries the label ECF 1174.

Holmes's September 2003 patent application, displayed by defense counsel — The September 2003 patent application was displayed by defense counsel during the opening statement.

Immunity order — Contains an immunity order concerning Surekha Gangakhedkar's testimony.

Indictment and its descriptions of the charged allegations — The indictment contains descriptions of the charged allegations.

Indictment charging conspiracy and wire fraud — The indictment charges conspiracy and wire fraud.

Initial CMS notice, believed received in May 2021 — The initial CMS notice was described as believed to have been received in May 2021.

Internal Pfizer report described by counsel as Shane Weber's evaluation of Theranos technology and as never sent to Holmes or Theranos — Counsel described the internal Pfizer report as Shane Weber's evaluation of Theranos technology and said it was never sent to Holmes or Theranos.

Internal Theranos documents described by the government as recording BB's completed call to a customer-service representative in California — The government described the internal documents as recording BB's completed call to a customer-service representative in California.

Investment agreement addressing due-diligence and information rights, as described by the defense — The defense described the investment agreement as addressing due-diligence and information rights.

Investor agreements containing acknowledgments concerning investment risk and the speculative nature of Theranos — The investor agreements contain acknowledgments concerning investment risk and the speculative nature of Theranos.

Investor presentations describing Theranos analyzers, cartridges, applications, accuracy, and testing capabilities — The presentations describe Theranos analyzers, cartridges, applications, accuracy, and testing capabilities.

Jencks material for anticipated defense witnesses, requested by the government and included in the defense's disclosure agreement — The material concerned anticipated defense witnesses, was requested by the government, and was included in the defense's disclosure agreement.

Joe Rago's Wall Street Journal article and the accompanying Theranos press release, which the prosecution alleged contained misleading technology claims — The materials consist of Joe Rago's Wall Street Journal article and an accompanying Theranos press release, which the prosecution alleged contained misleading technology claims.

July 2021 CMS notice — The document is a CMS notice dated July 2021.

June 2010 email from Elizabeth Holmes describing Theranos as an early-stage life-sciences company carrying immense risk — The June 2010 email describes Theranos as an early-stage life-sciences company carrying immense risk.

Juror 113's questionnaire response to question 50 — Contains Juror 113's response to question 50 of the questionnaire.

Juror 171 questionnaire — Contains Juror 171's questionnaire.

Juror 28 questionnaire — Contains Juror 28's questionnaire.

Juror 48's questionnaire concerning hardship and operation of a liquor store — Contains Juror 48's questionnaire concerning hardship and the operation of a liquor store.

Juror 62 questionnaire — Contains Juror 62's questionnaire.

Juror No. 4's questionnaire, which disclosed that English was not her first language — Contains Juror No. 4's questionnaire, which disclosed that English was not her first language.

Juror No. 9's email reporting possible COVID-19 exposure, no symptoms, a negative over-the-counter test, and plans for laboratory testing — Contains Juror No. 9's report of possible COVID-19 exposure, no symptoms, a negative over-the-counter test, and plans for laboratory testing.

Juror questionnaires and proposed redactions — Contains juror questionnaires and proposed redactions.

Juror questionnaires and their confidentiality statement — Contains juror questionnaires and their confidentiality statement.

Juror questionnaires proposed for distribution at the break; the court said they included geographic locations but not juror addresses. — Contains juror questionnaires proposed for distribution at the break; the court said they included geographic locations but not juror addresses.

Juror questionnaires sought for unsealing by a media coalition — Contains juror questionnaires that a media coalition sought to have unsealed.

Jury Instruction 9 on witness credibility and weight of evidence — Explains witness credibility and the weight of evidence in Jury Instruction 9.

Jury Note No. 1 asking whether jurors could take the jury instructions home to review at length — Contains Jury Note No. 1, which asked whether jurors could take the jury instructions home for extended review.

Jury Note No. 3 — Reports that the jury could not reach a unanimous verdict on three counts.

Jury Note No. 5 — Reports, "As per the Court's instructions we've reached a unanimous verdict," and bears the signature of Juror Number 2, whom the court believed to be the foreperson.

Jury-selection order list prepared by Ms. Kratzmann — Contains a jury-selection order list prepared by Ms. Kratzmann.

Laboratory information system SOP — Contains a standard operating procedure for a laboratory information system.

Lance Wade's sworn declaration reporting that Balwani's counsel said Balwani would invoke the Fifth Amendment if called — A sworn declaration by Lance Wade reports that Balwani's counsel said Balwani would invoke the Fifth Amendment if called.

Late-produced defense documents bearing HOLMES Bates stamps, including four additional documents the government said it received the previous afternoon and understood the defense intended to introduce — Late-produced documents bearing HOLMES Bates stamps included four additional documents that the government said it had received the previous afternoon and understood the defense intended to introduce.

Lisa Peterson document — A document identified as the Lisa Peterson document was addressed during procedural discussion.

Lisa Peterson's contemporaneous notes concerning the AACC presentation — Contemporaneous notes by Lisa Peterson concern the AACC presentation.

Magistrate Judge Cousins's ruling on the subpoena — A ruling by Magistrate Judge Cousins addresses the subpoena.

Materials sought under the defense subpoena to Roger Parloff — Documents sought through the defense subpoena to Roger Parloff were addressed during procedural discussion.

Mattis's correspondence with Holmes following publication of The Wall Street Journal article — Correspondence between Mattis and Holmes followed publication of The Wall Street Journal article.

Memorandum of interview concerning Dr. Das's decision to void certain tests — A memorandum of interview concerns Dr. Das's decision to void certain tests.

Memorandum of Parloff's September 3, 2021 government interview — A memorandum concerns Parloff's September 3, 2021 government interview.

Mosley's 2015 emails concerning financial projections — Emails from Mosley in 2015 concern financial projections.

Motion 1163-4, Exhibit C — Concerns Balwani's connection to the CLIA laboratory.

Motion in Limine No. 798 — Contains the court's prior order concerning CEO lifestyle and extravagance evidence.

Mr. Penumudy's doctor's note supporting his request to be excused — A doctor's note supports Mr. Penumudy's request to be excused during jury selection.

Ninth Circuit Model Instruction 7.4 — Addresses jury consideration of punishment and was edited using the defense's proposed language.

Normandy 911 email exhibits — Contains Normandy 911 laboratory email communications addressed in Erika Cheung's testimony.

October 2015 Wall Street Journal article addressing Theranos and Siemens analyzers — An October 2015 Wall Street Journal article addresses Theranos and Siemens analyzers.

One or two documents the government proposed using to address Safeway's spending or number of stores, including a PowerPoint that the prosecutor said Elizabeth Holmes helped prepare for the Safeway board. — One or two documents proposed by the government addressed Safeway's spending or number of stores, including a PowerPoint that the prosecutor said Elizabeth Holmes helped prepare for the Safeway board.

Parloff interview notes collected at notebook tab 1646 — Parloff interview notes were collected at notebook tab 1646.

Parloff's handwritten shorthand notes — Handwritten shorthand notes by Parloff were addressed during his resumed cross-examination.

Parloff's notes memorializing conversations with Holmes — Contains Parloff's notes memorializing conversations with Holmes.

Parties' agreed juror-excusal lists — Contains the parties' agreed juror-excusal lists.

Patient impact assessment concerning Edison 3.5 results — Contains a patient impact assessment concerning Edison 3.5 results.

Pfizer report considered during RDV's investment review — Contains a Pfizer report considered during RDV's investment review.

Policies and organizational charts referenced by defense counsel — Contains policies and organizational charts referenced by defense counsel.

Potential defense Jencks material — Contains material identified as potential defense Jencks material.

Potential witness list — Contains a potential witness list.

Proposed instruction concerning the CMS report — Contains a proposed instruction concerning the CMS report.

Proposed readback or playback instruction — Contains a proposed instruction concerning readback or playback.

Proposed witness list reviewed by prospective jurors — Contains a proposed witness list reviewed by prospective jurors.

Prospective Juror 154's questionnaire responses — Contains Prospective Juror 154's questionnaire responses.

Prospective Juror Brown's jury questionnaire — Contains Prospective Juror Brown's jury questionnaire.

Prospective jurors' hardship questionnaire responses — Contains prospective jurors' hardship questionnaire responses.

Quest Diagnostics HCG result reporting a level of 9559 — Shows a Quest Diagnostics HCG result reporting a level of 9559, identified as Exhibit 3305.

RDV investment approval memo prepared by Lisa Peterson, whose timing, review, and relationship to the investment decision were disputed by counsel — Contains an RDV investment approval memo prepared by Lisa Peterson. Counsel disputed its timing, review, and relationship to the investment decision.

Recent government disclosures described by the defense as stating that Rosendorff had heard Elizabeth Holmes was blind-copied on all emails to Ramesh Balwani; the government said it did not intend to elicit that testimony — Recent government disclosures were described by the defense as stating that Rosendorff had heard Holmes was blind-copied on all emails to Balwani, while the government said it did not intend to elicit that testimony.

Record of a wire transfer from Theranos to Horizon, which the defense argued did not establish that advertisements ran or that Holmes controlled their content — A record showed a wire transfer from Theranos to Horizon, which the defense argued did not prove that advertisements ran or that Holmes controlled their content.

Records produced by Gerald Asin pursuant to the defense subpoena — Records were produced by Gerald Asin pursuant to a defense subpoena.

Report Mosley believed Pfizer had authored about Theranos technology — A report about Theranos technology was discussed as one Mosley believed Pfizer had authored.

Roger Parloff's article stating that the company had trade-secret protections, described by defense counsel as already in evidence — An article by Roger Parloff stated that the company had trade-secret protections.

Roger Parloff's article, discussed as material he might authenticate — An article by Roger Parloff was discussed as material he might authenticate.

Roger Parloff's second article, which the court directed counsel to avoid — Roger Parloff's second article was discussed when the court directed counsel to avoid it.

Rosendorff's resume and the memorandum of his September 2020 government interview, described by the defense as omitting uBiome and by the government as materials gathered to summarize potential opinion testimony rather than vet expert qualifications — Rosendorff's resume and a memorandum of his September 2020 government interview were described by the defense as omitting uBiome. The government described them as materials gathered to summarize potential opinion testimony rather than to vet expert qualifications.

Roster list of 41 prospective jurors — A roster listed 41 prospective jurors during jury selection.

Rule 12.2 notice referenced by the court in connection with the state of the evidence and Holmes's testimony — A Rule 12.2 notice was referenced by the court in connection with the state of the evidence and Holmes's testimony.

Safeway analyst-call transcript forwarded to Christopher Lucas — A transcript of a Safeway analyst call was forwarded to Christopher Lucas.

Sample document displayed to test whether jurors could view projected exhibits — A sample document was displayed to test whether jurors could view projected exhibits.

SOPs and verification documents signed through DocuSign — The materials comprised SOPs and verification documents signed through DocuSign.

Stipulated protective order governing notice before protected documents could be used in open court — A stipulated protective order governed notice before protected documents could be used in open court.

Stipulated validation reports — Contains a stipulated collection of assay validation reports signed by Adam Rosendorff.

Stock purchase agreement — Contains investor representations and warranties about access to information.

Stock purchase agreements containing speculative-investment, limited-information, and projection-risk provisions — Stock purchase agreements contained provisions addressing speculative investment, limited information, and projection risk.

Subsequent negative HIV test result — Shows a negative HIV test result described as subsequent during Erin Tompkins's cross-examination.

Supportive emails Miquelon sent Holmes in 2015 and 2016 — Contains emails Wade Miquelon sent Holmes in 2015 and 2016 that were described as supportive during Miquelon's redirect examination.

Tab 14 — Contains Eisenman's contemporaneous notes of calls with Holmes, including notes at Tab 14.

Tab 14217 — Lists participants in the December 2013 Theranos investment.

Tab 1646 — Contains Parloff's notes of recorded and unrecorded conversations with Holmes.

Tab 1749 — Contains a June 2014 Fortune article about Holmes and Theranos.

The already-admitted provision addressing possible CLIA certification consequences for laboratory owners and operators — Contains a provision addressing possible CLIA certification consequences for laboratory owners and operators.

The Dark Report article concerning Invitae, offered by the defense as background and challenged by the government as hearsay and factually misleading — Contains a Dark Report article concerning Invitae that the defense offered as background and the government challenged as hearsay and factually misleading.

The jury verdict form that the court planned to have the jurors complete and return before any reached verdicts were read. — Contains the verdict form the court planned to have jurors complete and return before any reached verdicts were read.

The LIS standard operating procedure used during the defense's cross-examination of Lynette Sawyer. — Contains the LIS standard operating procedure used during the defense's cross-examination of Lynette Sawyer.

The subpoena concerning information from Roger Parloff's other reporting sources — Contains a subpoena concerning information from Roger Parloff's other reporting sources.

The Wall Street Journal article or series of articles used by the parties as an evidentiary analogy — Contains a Wall Street Journal article or series of articles that the parties used as an evidentiary analogy.

The Wall Street Journal article referenced in Exhibit 3086 — Contains a Wall Street Journal article referenced in Exhibit 3086.

The Wall Street Journal article shown to Nimesh Jhaveri during his interview — Contains a Wall Street Journal article shown to Nimesh Jhaveri during his interview.

Theranos complaint logs discussed by the prosecution as potentially necessary to counterbalance a large volume of positive customer feedback if the defense reports were admitted. — Contains Theranos complaint logs that the prosecution discussed as potentially necessary to counterbalance a large volume of positive customer feedback if the defense reports were admitted.

Theranos customer survey reports offered by the defense for their asserted effect on Holmes's state of mind and kept excluded by the court — Contains Theranos customer survey reports offered by the defense for their asserted effect on Holmes's state of mind.

Theranos documents Gangakhedkar brought to her May 2016 meeting with federal agents — Contains Theranos documents that Surekha Gangakhedkar brought to a May 2016 meeting with federal agents.

Theranos HIV test report — Contains a Theranos HIV test report discussed during Erin Tompkins's cross-examination.

Theranos investment contracts containing language about speculative projections — Contains Theranos investment contracts with language about speculative projections, discussed during Alan Eisenman's redirect examination.

Theranos report bearing a Pfizer logo that the prosecution alleged was falsely presented as Pfizer's work and endorsement — Shows a Theranos report bearing a Pfizer logo that the prosecution alleged was falsely presented as Pfizer's work and endorsement.

Theranos test results attributed to Mosley and his daughter — Contains Theranos test results attributed to Mosley and his daughter.

Theranos validation studies provided to Dr. David Helfet — Contains Theranos validation studies described as having been provided to Dr. David Helfet.

Theranos written materials, including purported pharmaceutical reports and slide presentations supplied to Parloff — Contains Theranos written materials described as including purported pharmaceutical reports and slide presentations supplied to Parloff.

Transcript of Lisa Peterson's cross-examination — Contains the transcript of Lisa Peterson's cross-examination.

Transcript of the prior day's court-conducted voir dire — Contains the transcript of the prior day's court-conducted voir dire.

Transcript of the prior sealed juror session — Contains the transcript of a prior sealed juror session.

Transcript of the Theranos patent trial — Contains a transcript of the Theranos patent trial.

Two additional portions of the report that the prosecution proposed admitting through the witness after completing redactions — Contains two additional portions of a report that were identified for consideration after redactions were completed.

TX 14259 — Identifies the document labeled TX 14259.

TX 14259, a May 2015 email concerning E.T.'s test results and the subject of the renewed admission request — Contains a May 2015 email concerning E.T.'s test results, labeled TX 14259 and discussed in connection with a renewed request.

TX 4415 — Contains an email used by the defense as a comparator and distinguished by the government.

Unidentified defense exhibit passed to the court in a binder for later discussion — Identifies an otherwise unspecified defense exhibit passed to the court in a binder for later discussion.

Updated Pretrial Services report ordered to assist the parties and the court at the status hearing — Contains an updated Pretrial Services report ordered for use by the parties and the court at a status hearing.

Validation reports and standard operating procedures reviewed and signed by Dhawan — Contains validation reports and standard operating procedures reviewed and signed by Dhawan.

Validation Reports binder — Contains 59 validation reports, including an Edison 3.x assay validation report.

Validation reports that the government said Holmes referenced and characterized in the proposed interview excerpt — The government said Holmes referenced and characterized the validation reports in the proposed interview excerpt.

Verdict Form — Contains the completed jury verdict form dated January 3, 2022.

Verdict form showing that the jury did not reach verdicts on Counts Three, Four, and Five — Shows that the jury did not reach verdicts on Counts Three, Four, and Five.

voided Theranos patient test results — Shows Theranos patient test results identified as voided.

Walgreens earnings-call transcript reflecting Miquelon's enthusiasm about Theranos — Contains a Walgreens earnings-call transcript described as reflecting Miquelon's enthusiasm about Theranos.

Weekly or biweekly aggregated customer feedback reports received by Daniel Edlin and Elizabeth Holmes; the defense proposed them as state-of-mind evidence rather than for the truth of the customer accounts, and the prosecution opposed admission of the binder. — Contains weekly or biweekly aggregated customer feedback reports received by Daniel Edlin and Elizabeth Holmes. The defense proposed them as state-of-mind evidence rather than for the truth of the customer accounts, and the prosecution opposed the binder.

Wire-fraud instruction listing wire dates and dollar amounts — Lists wire dates and dollar amounts in a wire-fraud instruction.

Wire-transfer records pulled by Roberto Amenta — Contains wire-transfer records pulled by Roberto Amenta.

Witness list — Provides a witness list referenced during court voir dire concerning qualifications, publicity, and impartiality.

Demonstratives (21)

Defense Exhibit 10685 — Contains calculations from customer-receipt and option or stock-proceeds rows in Exhibit 5172. It was also described in closing argument as a Theranos record reflecting more than $200 million in deferred revenue.

Government Exhibit 4528 — Contains a PowerPoint presentation titled "Theranos CLIA Laboratory Overview" and dated September 22, 2015. The government described it as having been presented to CMS and shown during the introduction to the September 22, 2015 CLIA inspection.

Defense Exhibit 10684 — A defense chart summarized issued U.S. patents and patent dates and application activity. After an objection to post-2016 material, the court required removal of patents applied for after 2016.

Defense Exhibit 10687 — A defense summary compiled Theranos laboratory reports found in Dr. Gerald Asin's medical records and visits relating to Dr. Asin.

Defense Exhibit 10688 — A defense summary covered SWC visits, HCG orders, and unique providers for a period after August 2015.

Defense Exhibit 10689 — A defense summary presented Theranos test-menu totals and price buckets.

Defense Exhibit 7411 — A PFM investor PowerPoint summarized the Theranos investment opportunity for potential internal investors and included the firm's bear-case financial projections.

Defense demonstrative arranging excerpts from three admitted HCG email exhibits chronologically — A defense demonstrative arranged excerpts from three HCG email exhibits in chronological order.

Defense Exhibit 7440 — A defense presentation addressed AAP and proficiency testing for the CLIA laboratory.

Defense Exhibit 7673A — Proposed defense presentation slides were the subject of sustained relevance and hearsay objections during cross-examination of Kingshuk Das.

Defense summary exhibits provided to the government — Defense summary exhibits were provided to the government.

Defense validation-signature calendar demonstrative — A defense calendar demonstrative plotted Edison validation-report signatures from September 2013 through September 2014.

Demonstrative showing Brittany Gould's Theranos HCG results and corrected value — A demonstrative displayed Brittany Gould's Theranos HCG results and a corrected value.

Exhibit 10686 — A summary titled "Entity That Invested in Theranos" concerned an entity that invested in Theranos.

Exhibit 5386 — A PwC demonstrative explained its process for responding to the subpoena.

Exhibit 7673B — Shows the components of Theranos technology in diagram form.

Exhibit 7673C — Shows the architecture of the 4 Series Minilab in diagram form.

Government Exhibit 5609 — Contains a Theranos presentation dated July 11, 2013, for Alliance Boots and Walgreens.

Government's proposed heavily redacted spreadsheet-page presentation of selected messages — A proposed government demonstrative presented selected messages on heavily redacted spreadsheet pages.

Rule 611 demonstrative — Summarizes Brittany Gould's serial HCG values in demonstrative form.

Testimony References (19)

Defense Exhibit 11000 — The Arizona deposition transcript contains Adam Rosendorff's 2019 testimony concerning physician complaints and a comparison with the University of Pittsburgh. It was used in an effort to refresh his recollection about Dr. Pandori's approval of the six-tip practice.

Dr. Adam Rosendorff's stricken comparison of Theranos with other laboratories where he worked — The redirect question and answer compared Theranos with other laboratories where Dr. Adam Rosendorff had worked, and the court ordered them stricken.

11253 — Exhibit 11253 contains a Peterson deposition transcript identified during Lisa Peterson's cross-examination.

Anticipated testimony that Kingshuk Das voided all tests performed on Theranos's Edison device — Anticipated testimony would state that Kingshuk Das voided all tests performed on Theranos's Edison device.

Daniel Edlin's prior testimony concerning his assessment of Theranos technology after the Wall Street Journal reporting — Daniel Edlin's prior testimony concerned his assessment of Theranos technology after the Wall Street Journal reporting.

Defense Motion 1163 deposition excerpts — The Defense Motion 1163 excerpts contain selected statements from Ramesh Balwani's deposition concerning financial models and projections.

DX 11000 — Defendant's Exhibit 11000 contains Rosendorff's February 2019 civil deposition transcript, identified during Adam Rosendorff's cross-examination.

Exhibit A to Docket 1163 (Docket 1163-2) — Exhibit A to Docket 1163 contains selected SEC deposition excerpts concerning retail partnerships, a financial model, a CLIA laboratory, and a null protocol.

Exhibit A-C — Exhibits A, B, and C contain excerpts from Ramesh Balwani's SEC deposition.

Exhibit B to Docket 1163 (Docket 1163-3) — The excerpts concern Balwani's access to and control of the financial model.

Exhibit C to Docket 1163 (Docket 1163-4) — The excerpts concern responsibility for patient testing in the CLIA laboratory.

Holmes's prior direct testimony about Balwani's control, her agency, and her fear of returning home, as characterized by the prosecution during argument — Holmes's prior direct testimony concerned Balwani's control, her agency, and her fear of returning home, as characterized by the prosecution during argument.

Holmes's testimony about 2003 events, including an alleged Stanford incident and events involving Ramesh Balwani, identified by the government as proposed subjects of a motion to strike — Holmes's testimony concerned events in 2003, including an alleged Stanford incident and events involving Ramesh Balwani, which the government identified as proposed subjects of a motion to strike.

Proposed government testimony from Patient BB concerning a platelet assay — Proposed government testimony from Patient BB concerned a platelet assay.

SEC testimony transcript — The transcript contains Holmes's SEC testimony concerning military helicopter deployment.

Sworn witness testimony — Sworn witness testimony was identified during jury instructions.

The government's proposed Steven Burd testimony that Safeway spent approximately $300 million building out hundreds of stores after representations by Elizabeth Holmes; the defense disputed its relevance and sought exclusion because of prejudice and collateral factual disputes. — Proposed testimony from Steven Burd would state that Safeway spent approximately $300 million building out hundreds of stores after representations by Elizabeth Holmes. The defense disputed the testimony's relevance and sought its exclusion because of prejudice and collateral factual disputes.

The parties' descriptions of Dr. Sunil Dhawan's proposed testimony about patient-harm concerns arising from information he subsequently learned — The parties described proposed testimony from Dr. Sunil Dhawan about patient-harm concerns arising from information he subsequently learned.

Theranos test-voiding decision — Testimony during Fabrizio Bonanni's redirect concerned a Theranos test-voiding decision.

Stipulations (3)

Facts to which the parties agree — Contains facts to which the parties agreed.

Stipulation authenticating emails to and from Theranos employees, described by the government as covering Exhibit 1660 — Concerns authentication of emails to and from Theranos employees and was described by the government as covering Exhibit 1660.

Written stipulation contemplated for admission of the immunoassay reports, with individual exhibit numbers to be supplied later — Concerns a contemplated written stipulation for the immunoassay reports, with individual exhibit numbers to be supplied later.

Other (10)

Cramer interview — An interview identified as the Cramer interview was referenced during procedural discussion.

Defense counsel's proposed recross topics concerning laboratory issues at Invitae and PerkinElmer — Proposed recross topics concerned laboratory issues at Invitae and PerkinElmer.

Defense-previewed evidence concerning 176 Theranos patents, more than 235 specialized tests, and nearly 8 million test results — The defense previewed evidence concerning 176 Theranos patents, more than 235 specialized tests, and nearly 8 million test results during opening statement.

Defense-previewed evidence that Holmes retained her Theranos stock and allegedly declined opportunities to sell it — The defense previewed evidence that Holmes retained her Theranos stock and allegedly declined opportunities to sell it.

Defense's contemplated evidence of bias for cross-examination of the current witness — The defense contemplated presenting evidence of bias during cross-examination of the current witness.

Exhibits received in evidence — A jury-instruction discussion concerned exhibits identified as having been received in evidence.

Shane Weber exhibit — An exhibit identified by Shane Weber's name was referenced during procedural discussion.

Theranos historical laboratory records and company data reviewed by Das — Theranos historical laboratory records and company data reviewed by Das were discussed during Kingshuk Das's cross-examination.

Today Show interview — An interview identified as the Today Show interview was referenced during procedural discussion.

Underlying Theranos data discussed in the dispute over whether questioning implied falsification or integrity problems — Underlying Theranos data was discussed in a procedural dispute over whether questioning implied falsification or integrity problems.