Trent Middleton — Direct/Cross
768 linesDIRECT EXAMINATION BY MS. TREFZ:
MS. TREFZ: MR. MIDDLETON, IF ARE YOU ARE FULLY VACCINATED AND COMFORTABLE TESTIFYING WITHOUT YOUR MASK, YOU MAY REMOVE IT, AND I WILL DO THE SAME.
TRENT MIDDLETON: THANK YOU. I AM.
MS. TREFZ: HELLO. THERE'S A WATER UP THERE. AND I'VE ALSO, JUST FOR YOUR REFERENCE, PLACED A BINDER UP THERE FOR YOU AS WELL, AND WE MAY REFER TO IT DURING THE EXAM.
TRENT MIDDLETON: PERFECT.
MS. TREFZ: CAN YOU DESCRIBE YOUR EDUCATIONAL BACKGROUND FOR US?
TRENT MIDDLETON: SURE. I HAVE A BACHELOR'S DEGREE IN ECONOMICS, AND A MASTER'S DEGREE IN POLITICAL SCIENCE FROM MICHIGAN STATE UNIVERSITY.
MS. TREFZ: AND WHERE ARE YOU EMPLOYED?
TRENT MIDDLETON: I'M EMPLOYED WITH WILLIAMS & CONNOLLY.
MS. TREFZ: AND IS THAT THE LAW FIRM REPRESENTING MS. HOLMES?
TRENT MIDDLETON: THAT IS.
MS. TREFZ: AND WHAT IS YOUR ROLE AT WILLIAMS & CONNOLLY?
TRENT MIDDLETON: I'M A PARALEGAL FOR THE COMPANY.
MS. TREFZ: AND HOW LONG HAVE YOU WORKED FOR THE FIRM?
TRENT MIDDLETON: I HAVE WORKED FOR 12 YEARS AT WILLIAMS & CONNOLLY.
MS. TREFZ: AND HAVE -- OTHER THAN THE WORK THAT YOU'VE DONE THAT IS THE SUBJECT OF YOUR TESTIMONY TODAY, HAVE YOU WORKED ON THIS MATTER FOR MS. HOLMES?
TRENT MIDDLETON: NO, I HAVE NOT.
MS. TREFZ: AND OTHER THAN IN CONNECTION WITH THE WORK THAT YOU HAVE DONE THAT WE'LL TALK ABOUT TODAY, HAVE YOU EVER WORKED DIRECTLY WITH ANY OF THE LAWYERS ON OUR TEAM?
TRENT MIDDLETON: I HAVE NOT.
MS. TREFZ: WHAT WERE YOU ASKED TO DO?
TRENT MIDDLETON: I WAS ASKED TO REVIEW SOME VOLUMINOUS DOCUMENTS IN THIS CASE AND TO PROVIDE SOME SUMMARIES TO HELP EVERYONE OUT IN TERMS OF TIME, AS WELL AS TO PROVIDE SOME SIMPLE STATISTICS FROM THOSE DOCUMENTS.
MS. TREFZ: OKAY. DO YOU HAVE A SENSE OF THE VOLUME OF THE MATERIAL THAT YOU REVIEWED IN TERMS OF CAN YOU GIVE US A SENSE OF WHETHER IT WAS HUNDREDS OF PAGES, THOUSANDS OF PAGES?
TRENT MIDDLETON: EASILY THOUSANDS OF PAGES. YES, JUST ONE SET OF DOCUMENTS WAS HUGE IN TERMS OF PATIENT RECORDS.
MS. TREFZ: OKAY. AND WE'RE GOING TO GO THROUGH THE DIFFERENT CATEGORIES THAT ARE -- THAT WILL BE THE SUBJECT OF YOUR TESTIMONY. AND LET'S START FIRST WITH THE QUESTION, DID YOU REVIEW A SET OF U.S. ISSUED PATENTS THAT WERE ASSIGNED TO THERANOS?
TRENT MIDDLETON: I DID.
MS. TREFZ: AND WHAT DID YOU DO WITH THAT INFORMATION?
TRENT MIDDLETON: SO I REVIEWED THOSE PATENTS FOR THE DATE THAT THEY WERE ISSUED, THE DATE THAT THEY WERE APPLIED FOR, AS WELL AS THE INVENTOR AND THE ASSIGNEE ON THE PATENT, AND THE DESCRIPTION OF THE PATENT. THESE ALL CAME FROM THE U.S.A. PATENT OFFICE.
MS. TREFZ: OKAY. AND DID YOU ENSURE THAT A CHART THAT CONTAINED THE INFORMATION THAT YOU JUST DESCRIBED WAS ACCURATE?
TRENT MIDDLETON: THAT'S CORRECT, YES.
MS. TREFZ: AND IF YOU'LL LOOK IN YOUR BINDER, IT'S IN THE FRONT LEFT POCKET, AND IF YOU'LL LOOK FOR EXHIBIT 10691.
TRENT MIDDLETON: OKAY. YEP.
MS. TREFZ: AND WHAT IS EXHIBIT 10691?
TRENT MIDDLETON: SO 10691 IS THE DOCUMENT THAT I USED TO COMPILE ALL OF THE INFORMATION FROM THE FACE OF THE PATENTS, SO THAT HAS THE JURISDICTION, THE PATENT NUMBER, THE TITLE OF THE PATENT, AS WELL AS THE ASSIGNEE, THE INVENTORS, AND THEN THE DATE THE APPLICATION WAS FILED WITH THE U.S. PATENT OFFICE, AS WELL AS THE DATE IT WAS ISSUED FROM THE PATENT OFFICE.
MS. TREFZ: AND DOES EXHIBIT 10691 FAIRLY AND ACCURATELY RELATE THE INFORMATION THAT YOU REVIEWED, THAT IT PURPORTS TO SUMMARIZE?
TRENT MIDDLETON: YES.
MS. TREFZ: YOUR HONOR, WE WOULD MOVE TO ADMIT 10691.
MR. LEACH: YOUR HONOR, NO OBJECTION, CONSISTENT WITH THE DISCUSSION THAT WE'VE HAD. I'M NOTING, GOING THROUGH THE EXHIBIT, THERE'S A COUPLE OF PAGES WITH -- ON THE FAR RIGHT COLUMN THAT --
JUDGE DAVILA: I'M NOTING PAGE 3. PARDON ME FOR INTERRUPTING YOU. I SEE SOME ISSUES WITH PAGE 3, BEGINNING ON PAGE 3.
MR. LEACH: YES. BUT IF WE LIMIT THE DISPLAY TO 1 AND 2, THAT WOULD BE FINE.
MS. TREFZ: WE DON'T NECESSARILY -- WE'LL START WITH PAGE 1 AND WE WILL ONLY DISPLAY PAGE 1, YOUR HONOR.
JUDGE DAVILA: SO FOR PURPOSES OF YOUR MOTION TO ADMIT, YOU'RE ASKING THAT THIS DOCUMENT BE ADMITTED UP TO 13 LINES AND 13 COLUMNS ON PAGE 3, AND EVERYTHING ELSE YOU'RE NOT ASKING TO BE ADMITTED?
MS. TREFZ: THAT'S FINE, YOUR HONOR. IT'S MOSTLY FOR THE PURPOSES OF DISPLAY.
JUDGE DAVILA: OKAY.
MS. TREFZ: AND SO IF WE CAN --
JUDGE DAVILA: SO IT WILL BE ADMITTED. THOSE THREE PAGES WILL BE ADMITTED. THE BALANCE IS NOT ADMITTED.
MS. TREFZ: OKAY.
(DEFENDANT'S EXHIBIT 10691, PAGES 1 - 3 WAS RECEIVED IN EVIDENCE.)
MS. TREFZ: MR. BENNETT, IF YOU COULD DISPLAY THE FIRST PAGE OF THE CHART FOR US.
MS. TREFZ: AND, MR. MIDDLETON, IS THIS, IS THIS THE FIRST PAGE OF 10691 THAT YOU WERE JUST DESCRIBING?
TRENT MIDDLETON: IT IS NOT, IN FACT, THE FIRST PAGE OF 10691 THAT I HAVE IN FRONT OF ME.
MS. TREFZ: OKAY. WELL, THEN LET'S -- WHILE WE WORK OUT THAT ISSUE, LET US JUST MOVE ON. I THINK YOU TESTIFIED A MOMENT AGO THAT YOU -- THAT YOU REVIEWED CERTAIN INFORMATION FROM THE FACE OF THE PATENT.
TRENT MIDDLETON: THAT'S CORRECT.
MS. TREFZ: AND WHAT I WOULD LIKE TO PULL UP IS THE -- AN ISSUED PATENT THAT IS IN EVIDENCE AS 96453. SORRY, 9645. AND IS THIS -- JUST FOR THE UNDERSTANDING OF THE JURY, IS THIS AN EXAMPLE OF THE FORMAT OF THE PATENTS THAT YOU REVIEWED?
TRENT MIDDLETON: THAT IS CORRECT.
MS. TREFZ: AND IS THIS PATENT CONTAINED IN 10691?
TRENT MIDDLETON: ALLOW ME TO DOUBLE-CHECK THAT REAL QUICK. YES, IT IS CONTAINED.
MS. TREFZ: ALL RIGHT. AND CAN YOU IDENTIFY FOR US WHERE -- CAN YOU IDENTIFY FOR US THE INFORMATION FROM THE FACE OF THE PATENT THAT YOU SUMMARIZED?
TRENT MIDDLETON: SURE. SO AT THE TOP OF THE PATENT -- I'M TOLD THIS IS TOUCHSCREEN, SO WE'LL SEE IF THAT WORKS. ANYTHING? NOPE.
COURT CLERK: I DON'T BELIEVE OUR ANNOTATION IS WORKING. WE HAD AN ISSUE WITH THE COMPONENT.
TRENT MIDDLETON: SO AT THE VERY TOP THERE'S A 10 AND A PATENT NUMBER. AND THAT IS THE PATENT NUMBER THAT IS CAPTURED IN THE DATA CHART. THANK YOU. AND THEN IF WE GO TO THE TITLE OF THE PATENT, YOU'LL FIND THAT RIGHT UNDERNEATH WHERE THERE'S 54, DEVICES, METHODS AND SYSTEMS FOR REDUCING SAMPLE VOLUME. ASSIGNEE CAN BE FOUND UNDERNEATH THE INVENTORS, RIGHT THERE, THERE YOU GO, TO THERANOS. INVENTORS ARE RIGHT ABOVE THAT IN 72, THANK YOU. AND FINALLY YOU CAN FIND THE DATE THE APPLICATION WAS FILED AS 22. AND THE DATE THE PATENT WAS ISSUED IS RIGHT UP THERE AT THE TOP UNDERNEATH THE PATENT NUMBER.
MS. TREFZ: OKAY. THANK YOU. AND DID YOU USE THE EXHIBIT 10691 TO FURTHER QUANTIFY AND IDENTIFY VARIOUS ASPECTS OF THE SET OF MATERIALS THAT YOU REVIEWED?
TRENT MIDDLETON: I DID. AFTER PUTTING THEM INTO THIS CHART, I THEN SORTED THEM BY THE DATE THAT THEY WERE ISSUED AND DETERMINED HOW MANY WERE ISSUED IN A CERTAIN TIMEFRAME.
MS. TREFZ: OKAY. AND IF I COULD HAVE YOU -- IF I COULD DIRECT YOUR ATTENTION TO WHAT HAS BEEN MARKED AS 10684, WHICH IS ALSO IN THE LEFT POCKET OF YOUR BINDER. HAVE -- IS 10684 -- HAVE YOU HAD THE OPPORTUNITY TO CONFIRM THAT 10684 IS AN ACCURATE REPRESENTATION OF THE MATERIAL IT PROVIDES?
TRENT MIDDLETON: I HAVE.
MS. TREFZ: AND IS ALL OF THAT INFORMATION CONTAINED IN 10691, WHICH WAS YOUR ORIGINAL SUMMARY CHART?
TRENT MIDDLETON: YES, THAT INFORMATION IS CORRECT.
MS. TREFZ: YOUR HONOR, I WOULD MOVE TO ADMIT 10684.
MR. LEACH: NO OBJECTION, YOUR HONOR.
JUDGE DAVILA: IT'S ADMITTED. AND JUST FOR THE RECORD THIS WITNESS IS TESTIFYING PURSUANT TO 1006 AS A SUMMARY WITNESS; CORRECT?
MS. TREFZ: CORRECT, YOUR HONOR.
JUDGE DAVILA: IT'S ADMITTED. IT MAY BE PUBLISHED.
(DEFENDANT'S EXHIBIT 10684 WAS RECEIVED IN EVIDENCE.)
BY MS. TREFZ:
MS. TREFZ: AND MR. MIDDLETON, CAN YOU WALK US THROUGH WHAT WE CAN FIND ON THE FIRST PAGE OF 10684?
TRENT MIDDLETON: SURE. SO 10684 HAS THE TOTAL NUMBER OF ISSUED PATENTS, THE DATE THAT THE PATENT WAS FIRST ISSUED ON THE CHART, AS WELL AS THE TOTAL NUMBER OF PATENTS ISSUED BETWEEN 2010 AND 2016, AS WELL AS THOSE THAT WERE APPLIED FOR BETWEEN 2010 AND 2016.
MS. TREFZ: AND JUST TO UNDERSTAND THE LAST BULLET, THE NUMBER OF ISSUED PATENTS WITH APPLICATION IN 2010 TO 2016, CAN YOU EXPLAIN THE DISTINCTION BETWEEN THAT FOURTH BULLET AND THE THIRD BULLET?
TRENT MIDDLETON: SURE. SO NUMBER OF PATENTS ISSUED IS LITERALLY A PATENT WAS ISSUED FROM THE U.S. PATENT OFFICE, WHEREAS THE LAST BULLET IS DEALING WITH THE APPLICATIONS MADE TO THE U.S. PATENT OFFICE. SO THEY MAY NOT HAVE RECEIVED YET AN ISSUED PATENT.
MS. TREFZ: THE APPLICATION WAS MADE BEFORE THE PATENT WAS ISSUED?
TRENT MIDDLETON: THAT'S CORRECT, YES. YOU MAKE AN APPLICATION TO THE U.S. PATENT OFFICE, AND THEN YOU GET YOUR OFFICIAL U.S. PATENT.
MS. TREFZ: OKAY. AND IF WE CAN TURN TO PAGE 2 OF EXHIBIT 10684. WHAT IS PAGE 2 OF EXHIBIT 10684?
TRENT MIDDLETON: SO PAGE 2 IS A BAR CHART SHOWING THE NUMBER OF APPLICATIONS MADE IN EACH YEAR FROM 2004 TO 2016.
MS. TREFZ: AND DOES THIS -- HAVE YOU HAD AN OPPORTUNITY TO CHECK THE DATA ON 10684?
TRENT MIDDLETON: I HAVE.
MS. TREFZ: AND DOES IT ACCURATELY REFLECT THE DATA THAT WAS SUMMARIZED -- THE CORRESPONDING DATA THAT WAS SUMMARIZED IN 10691?
TRENT MIDDLETON: THAT IS CORRECT, IT IS AN ACCURATE REPRESENTATION.
MS. TREFZ: AND IN WHAT YEARS WERE THERE THE MOST PATENT APPLICATIONS FILED?
TRENT MIDDLETON: 2014 AND 2015 HAD THE MOST APPLICATIONS.
MS. TREFZ: OKAY. AND WE CAN PUT THAT EXHIBIT ASIDE AND WE CAN TAKE IT DOWN. I'D LIKE TO CALL UP EXHIBIT 5172, WHICH IS IN EVIDENCE, AND I WOULD LIKE TO SEE THE NATIVE VERSION IF WE CAN, PLEASE. THANK YOU. MR. MIDDLETON, AS PART OF YOUR WORK, WERE YOU ASKED TO REVIEW TRIAL EXHIBIT 5172 AND MAKE SOME CALCULATIONS FROM THE DATA IN THAT EXHIBIT?
TRENT MIDDLETON: THAT IS CORRECT.
MS. TREFZ: AND JUST TO UNDERSTAND A LITTLE BIT ABOUT 5172, IS -- CAN YOU EXPLAIN THE FORMAT OF THE EXHIBIT?
TRENT MIDDLETON: SURE. SO THE FORMAT IS A VERY, VERY LARGE EXCEL. IT HAS MANY, MANY COLUMNS.
MS. TREFZ: AND HOW MANY COLUMNS DOES IT HAVE?
TRENT MIDDLETON: I BELIEVE TOTAL 312 COLUMNS.
MS. TREFZ: AND OUT OF THAT 312 COLUMNS, HOW MANY OF THEM HAVE DATA IN THEM?
TRENT MIDDLETON: 311 HAVE DATA IN THEM.
MS. TREFZ: IS THAT BECAUSE THE FIRST COLUMN IS THE -- WELL, WHAT IS IN THE FIRST COLUMN?
TRENT MIDDLETON: THE FIRST COLUMN HAS THE DESCRIPTIONS FOR EACH ROW. SO THAT WOULDN'T HAVE DATA IN IT.
MS. TREFZ: OKAY.
TRENT MIDDLETON: SO 311 WITH DATA.
MS. TREFZ: OKAY. AND USING 5172, WHAT WERE YOU ASKED TO DO FROM 5172?
TRENT MIDDLETON: FOR 5172 I WAS ASKED TO REVIEW ROWS 26 AND 27, THE CUSTOMER RECEIPTS AND OPTION/STOCK PROCEEDS FOR CERTAIN TIME PERIODS.
MS. TREFZ: OKAY. AND DID YOU THEN -- IF I COULD DRAW YOUR ATTENTION TO 10685, WHICH IS A TAB IN YOUR BINDER. DO YOU HAVE THAT IN FRONT OF YOU?
TRENT MIDDLETON: I DO.
MS. TREFZ: AND ARE THE CALCULATIONS THAT YOU MADE FROM THE ROWS THAT YOU CAPTURED IN 10685?
TRENT MIDDLETON: THAT IS CORRECT.
MS. TREFZ: AND DO YOU BELIEVE THAT 10685 IS A FAIR AND ACCURATE REPRESENTATION OF THE DATA AND CALCULATIONS THAT YOU PERFORMED?
TRENT MIDDLETON: IT IS.
MS. TREFZ: YOUR HONOR, WE WOULD MOVE THE ADMISSION OF 10685 UNDER 1006.
MR. LEACH: NO OBJECTION, YOUR HONOR.
JUDGE DAVILA: IT'S ADMITTED. IT MAY BE PUBLISHED.
(DEFENDANT'S EXHIBIT 10685 WAS RECEIVED IN EVIDENCE.)
MS. TREFZ: ALL RIGHT. LET'S START WITH THE FIRST PAGE. THANK YOU.
MS. TREFZ: EXPLAIN WHAT THIS FIRST PAGE OF 10685 REPRESENTS.
TRENT MIDDLETON: SURE. SO THIS IS CAPTURING I BELIEVE ROW 26, THE CUSTOMER RECEIPTS BETWEEN JANUARY 17TH, 2011, UNTIL THE BEGINNING OF 2014. AND IN IT YOU CAN FIND THE LISTING OF EACH COLUMN THAT HAD DATA DURING THAT TIMEFRAME AND THE SPECIFIC WEEK THAT THAT COLUMN WAS ASSIGNED TO, AS WELL AS A TOTAL VALUE AMOUNT THAT WAS LISTED IN THAT COLUMN FOR THAT WEEK.
MS. TREFZ: AND THE -- ON THAT THIRD COLUMN THE TITLE CUSTOMER RECEIPTS, WHERE DOES THAT TITLE COME FROM?
TRENT MIDDLETON: THAT COMES FROM THE ROW ITSELF, ROW 26 IS LABELED CUSTOMER RECEIPTS.
MS. TREFZ: IN COLUMN A?
TRENT MIDDLETON: IN COLUMN A, THAT'S CORRECT.
MS. TREFZ: AND DID YOU DO ANY SUBSEQUENT ANALYSIS TO UNDERSTAND WHAT THE VARIOUS CUSTOMER RECEIPTS -- THE SOURCE OF THE VARIOUS CUSTOMER RECEIPTS?
MS. TREFZ: AND IS IT FAIR TO SAY THAT ALL YOU DID WAS TITLE, OR SUM THE AMOUNTS IN THESE PARTICULAR --
TRENT MIDDLETON: THAT IS EXACTLY RIGHT. I PURELY TOOK THE VALUES THAT WERE PROVIDED IN THE EXCEL AND ADDED THEM UP AND CAME UP WITH A NUMBER.
MS. TREFZ: AND THEN WHAT WAS, WHAT WAS THE TOTAL?
TRENT MIDDLETON: THE GRAND TOTAL WAS 217,817,591.
MS. TREFZ: IS THAT IN DOLLARS?
TRENT MIDDLETON: THAT IS IN DOLLARS.
MS. TREFZ: THANK YOU. IF WE CAN TURN TO PAGE 2 OF EXHIBIT 10685. DESCRIBE FOR THE JURY WHAT IS CAPTURED IN PAGE 2 OF 10685.
TRENT MIDDLETON: SO PAGE 2 IS AN EXCERPT OF ROW 27, WHICH WAS THE OPTION/STOCK PROCEEDS FOR THE YEAR 2013, AND SO IT CAPTURES EVERY COLUMN FOR 2013 THAT HAS A VALUE, THE WEEK THAT THAT VALUE OCCURRED, AS WELL AS THE TOTAL VALUE AMOUNT FOR THAT WEEK.
MS. TREFZ: AND I JUST NOTE ON COLUMN FB, WHICH IS THE LAST ROW BEFORE THE TOTAL, I JUST WANTED TO POINT OUT IT GOES THROUGH JANUARY 5TH, 2014. WHY IS THAT?
TRENT MIDDLETON: I BELIEVE IT IS FOR CARRY-OVER. IT'S TO HELP CAPTURE THE VERY LAST END OF THE YEAR PROCEEDS.
MS. TREFZ: OKAY. AND THEN IT SAYS AT THE TOP OPTION/STOCK PROCEEDS 2013. I NOTICE THAT IT BEGINS WITH COLUMN DR, WHICH BEGINS APRIL 22ND, 2013. WHY DOES IT BEGIN ON APRIL 22ND?
TRENT MIDDLETON: SO I DID NOT INCLUDE ANY WEEKS THAT DID NOT HAVE VALUES, SO THERE WERE NO VALUES BEFORE 4-22-2013.
MS. TREFZ: THANK YOU. AND WHAT WERE THE OPTION/STOCK PROCEEDS, WHAT WAS THE TOTAL AMOUNT THAT YOU HAD CALCULATED?
TRENT MIDDLETON: THE TOTAL AMOUNT WAS $58,579,988.
MS. TREFZ: OKAY. I'D NOW LIKE TO, IF WE CAN, MR. BENNETT, BRING UP EXHIBIT 14206, WHICH IS IN EVIDENCE, AND IN PARTICULAR I WANT TO DRAW -- IF WE CAN BRING UP PAGE, I BELIEVE IT'S 482, BATES ENDED 482. THANK YOU. AND, MR. MIDDLETON, THIS EXHIBIT IS IN EVIDENCE, AND I'M NOT GOING TO ASK YOU TO DESCRIBE THE EXHIBIT OR ANYTHING LIKE THAT. WHAT I DID WANT TO ASK YOU, HOWEVER, IS UNDER PROCEEDS FROM EQUITY TRANSACTIONS ON THIS EXHIBIT, WHAT NUMBER DO YOU SEE?
TRENT MIDDLETON: I SEE 59 MILLION.
MS. TREFZ: YEAH, SORRY. FOR THE PERIOD ENDING 12-31-2013?
TRENT MIDDLETON: THAT'S CORRECT.
MS. TREFZ: AND HOW DOES THAT COMPARE TO THE TOTAL IN PAGE 2 OF 10685?
TRENT MIDDLETON: VERY SIMILAR. IT LOOKS LIKE IT'S A ROUNDED VERSION OF THAT 58.5 MILLION THAT I CALCULATED.
MS. TREFZ: IT COULD BE AROUND THAT?
TRENT MIDDLETON: IT COULD BE.
MS. TREFZ: YOU DON'T HAVE ANY KNOWLEDGE OF WHAT HAPPENED WITH --
TRENT MIDDLETON: I DO NOT.
MS. TREFZ: -- THIS OTHER EXHIBIT? ALL RIGHT. WE CAN MOVE ON. THE NEXT -- DID YOU ALSO REVIEW A SPREADSHEET THAT LISTED THE NAMES OF INDIVIDUALS AND ENTITIES THAT RECEIVED THERANOS STOCK?
TRENT MIDDLETON: I DID.
MS. TREFZ: AND IF YOU CAN JUST TAKE A LOOK AT EXHIBIT 10692.
TRENT MIDDLETON: OKAY.
MS. TREFZ: THIS HAS BEEN MARKED FOR IDENTIFICATION PURPOSES, AND CAN YOU -- IS THIS THE EXHIBIT THAT YOU REVIEWED?
TRENT MIDDLETON: IT IS.
MS. TREFZ: AND CAN YOU -- WHAT IS THE NATIVE -- THERE'S AN ATTACHMENT HERE. WHAT IS THE NATIVE FILE FORMAT IS IT IN?
TRENT MIDDLETON: IT IS A NATIVE EXCEL.
MS. TREFZ: OKAY. AND WHAT DID YOU DO WITH THE INFORMATION IN THAT TABLE?
TRENT MIDDLETON: SURE. SO THE SECOND TAB OF THE NATIVE EXCEL LISTS THE NUMBER OF INVESTMENTS BY ROUND OR SERIES, AND SO I REVIEWED THE SECOND TAB OF THAT EXCEL AND CALCULATED HOW MANY INVESTMENTS WERE MADE FOR EACH SERIES.
MS. TREFZ: AND DID YOU THEN SUMMARIZE THAT INFORMATION INTO A CHART?
TRENT MIDDLETON: I DID.
MS. TREFZ: AND IF YOU CAN LOOK, I DRAW YOUR ATTENTION TO 10686.
TRENT MIDDLETON: OKAY. I'M THERE.
MS. TREFZ: AND IS 10686 THE CHART THAT YOU SUMMARIZED FROM 10692?
TRENT MIDDLETON: THAT IS CORRECT.
MS. TREFZ: YOUR HONOR, I MOVE INTO EVIDENCE 1068 -- OH, ONE MORE QUESTION.
MS. TREFZ: IS IT A FAIR AND ACCURATE REPRESENTATION OF THE CALCULATIONS THAT YOU PERFORMED?
TRENT MIDDLETON: IT IS FAIR AND ACCURATE.
MS. TREFZ: YOUR HONOR, I WOULD MOVE INTO EVIDENCE, PURSUANT TO 1006, 10686.
MR. LEACH: YOUR HONOR, NO OBJECTION TO 10686. I WOULD REQUEST ALSO THAT EXHIBIT 10692 ALSO COME INTO EVIDENCE.
MS. TREFZ: THAT'S FINE, YOUR HONOR.
JUDGE DAVILA: BOTH OF THOSE ARE ADMITTED AND MAY BE PUBLISHED.
(DEFENDANT'S EXHIBITS 10686 AND 10692 WERE RECEIVED IN EVIDENCE.)
BY MS. TREFZ:
MS. TREFZ: LOOKING AT 10686, CAN YOU EXPLAIN TO THE JURY WHAT THIS REPRESENTS?
TRENT MIDDLETON: SURE. SO THIS TABLE IS SUMMARIZING THE TOTAL NUMBER OF INVESTMENTS MADE FOR EACH SERIES, STARTING WITH SERIES A AND GOING THROUGH SERIES C-2.
MS. TREFZ: OKAY. AND HOW MANY TOTAL INVESTMENTS WERE THERE?
TRENT MIDDLETON: TOTAL NUMBER OF INVESTMENTS ACROSS ALL OF THE SERIES WAS 275.
MS. TREFZ: AND JUST, JUST SO THAT WE'RE CLEAR, THIS -- I THINK YOU'VE BEEN SAYING THE NUMBER OF INVESTMENTS, AND THAT'S WHAT IT SAYS ON THE RIGHT COLUMN OF THE CHART. TO BE CLEAR, IS THIS THE TOTAL NUMBER OF INVESTORS OR INVESTMENTS THAT IS REFLECTED?
TRENT MIDDLETON: TOTAL NUMBER OF INVESTMENTS.
MS. TREFZ: SO THERE COULD BE DUPLICATES FROM THE SAME ENTITY?
TRENT MIDDLETON: THAT IS CORRECT.
MS. TREFZ: OR THE SAME INDIVIDUAL?
TRENT MIDDLETON: THAT IS CORRECT.
MS. TREFZ: AND DID YOU MAKE AN EFFORT TO DEDUPLICATE THEM?
TRENT MIDDLETON: I DID NOT.
MS. TREFZ: AND WHY NOT?
TRENT MIDDLETON: IT'S JUST -- IT SEEMED LIKE SOMETHING I DIDN'T WANT TO GET INTO. IT SEEMED MUCH EASIER TO JUST COUNT THE NUMBER OF INVESTMENTS FOR EACH SERIES SO IT WAS A MUCH MORE STRAIGHTFORWARD NUMBER TO CALCULATE.
MS. TREFZ: AND IN ORDER TO CALCULATE THAT, HOW DID YOU DO THAT IN THE EXCEL?
TRENT MIDDLETON: SURE. SO THERE'S A COLUMN ON THE FAR LEFT THAT JUST LISTS THE SERIES, AND I FILTERED THAT COLUMN TO SHOW JUST SERIES A AND COUNTED THE TOTAL NUMBER OF INVESTMENTS MADE FOR THAT SERIES, AND THEN REPEATED THE PROCESS FOR SERIES B, SERIES C, SERIES C-1, SERIES C-2. THEY'RE ALL LISTED IN THAT COLUMN.
MS. TREFZ: THEY'RE ALL SEPARATELY LISTED?
TRENT MIDDLETON: THEY'RE ALL SEPARATELY LISTED, YES, THAT'S CORRECT. EACH INVESTMENT HAS A SERIES NEXT TO IT.
MS. TREFZ: AND IN YOUR REVIEW, DID YOU SEE MS. HOLMES'S NAME?
TRENT MIDDLETON: I DID.
MS. TREFZ: DID YOU ALSO SEE AN ENTRY FOR CHRIS AND NOEL HOLMES?
TRENT MIDDLETON: I DID.
MS. TREFZ: ALL RIGHT. LET'S MOVE ON TO THE NEXT SECTION HERE. IF WE CAN BRING UP WHAT IS IN EVIDENCE AS EXHIBIT 3741A. AND IF YOU CAN TURN THERE IN YOUR BINDER AS WELL?
TRENT MIDDLETON: UH-HUH. OKAY, I'M THERE.
MS. TREFZ: DID YOU -- WAS ONE OF THE THINGS THAT YOU DID WAS REVIEW THE THERANOS -- REVIEW EXHIBIT 3741A?
TRENT MIDDLETON: I DID.
MS. TREFZ: AND WHAT DID YOU DO WITH THIS EXHIBIT?
TRENT MIDDLETON: SO THIS EXHIBIT, I WENT THROUGH THE TOTAL NUMBER A THROUGH Z OF ALL OF THE TESTS OFFERED ON THIS TEST MENU AND CALCULATED TOTAL NUMBER OF TESTS PROVIDED, AS WELL AS HOW MANY TESTS AND INDIVIDUAL BUCKETS OF PRICING.
MS. TREFZ: OKAY. AND EXHIBIT 3741A IS, I BELIEVE IS A FIVE PAGE EXHIBIT. AT WHAT PAGES OF THE EXHIBIT DID YOU USE FOR YOUR CALCULATIONS?
TRENT MIDDLETON: I FOCUSSED ON PAGES 1 THROUGH 3, WHICH IS THE LISTING A THROUGH Z OF ALL OF THE TESTS OFFERED BY THERANOS.
MS. TREFZ: OKAY. AND DID YOU MAKE FURTHER -- FROM THAT, DID YOU SUMMARIZE THE INFORMATION IN 3741A INTO ANOTHER CHART?
TRENT MIDDLETON: I DID. SO I TOOK THOSE SUMMARIES AND PUT THEM INTO ANOTHER CHART.
MS. TREFZ: SO IF YOU CAN TURN TO EXHIBIT 10689. AND WHAT IS 10689?
TRENT MIDDLETON: ACTUALLY, HOLD ON. I DON'T THINK I HAVE IT IN MY BINDER, BUT IF YOU WANT TO PUT IT UP ON THE SCREEN.
MS. TREFZ: OH, WELL, WE CAN'T DO THAT UNTIL WE PUT IT IN YOUR BINDER.
TRENT MIDDLETON: OH, OKAY.
MS. TREFZ: GIVE ME ONE SECOND. DO YOU HAVE IT IN YOUR BINDER?
MR. LEACH: I DO.
MS. TREFZ: MAY I APPROACH, YOUR HONOR?
JUDGE DAVILA: YES.
BY MS. TREFZ:
MS. TREFZ: (HANDING.)
TRENT MIDDLETON: THANK YOU.
MS. TREFZ: ARE YOU NOW LOOKING AT EXHIBIT 10689?
TRENT MIDDLETON: I AM.
MS. TREFZ: AND WHAT IS 10689?
TRENT MIDDLETON: SO 10689 IS SOME SUMMARY CHARTS DEPICTING THE TOTAL NUMBER OF TESTS OFFERED, AS WELL AS IT'S BREAKING THEM DOWN INTO PRICE BUCKETS.
MS. TREFZ: OKAY. AND DID YOU -- DOES 10689 FAIRLY AND ACCURATELY REPRESENT OR REFLECT THE WORK THAT YOU PERFORMED FROM EXHIBIT 3741A?
TRENT MIDDLETON: THAT IS CORRECT.
MS. TREFZ: YOUR HONOR, I MOVE UNDER 1006 FOR THE ADMISSION OF 10689.
MR. LEACH: RELEVANCE, YOUR HONOR.
MS. TREFZ: YOUR HONOR, WE BELIEVE THAT THE NUMBER OF TESTS OFFERED BY THERANOS HAS BEEN AN ISSUE IN THE CASE BEFORE. WE BELIEVE THAT THE PRICE OF THE TEST IS MATERIAL TO PATIENTS, AND WE'VE HEARD TESTIMONY AND DOCTORS -- AND WE'VE HEARD TESTIMONY AS TO THAT.
JUDGE DAVILA: WE HAVE. I JUST DON'T KNOW WHAT THIS HAS TO DO WITH THAT. WHY DOES THIS ADD ANYTHING TO THAT? I COULD SEE ON PAGE 1. I DON'T THINK THERE'S BEEN ANY CONTROVERSY ABOUT PERCENTAGE OF COST BREAKDOWNS.
MS. TREFZ: YOUR HONOR, THIS IS -- THE INITIAL EXHIBIT IS ALREADY IN EVIDENCE. WE ARE TRYING TO PROVIDE HELPFUL PERSPECTIVES ON HOW TO VIEW THAT EXHIBIT, AND WE BELIEVE THAT THE -- THAT THE MATERIALITY ISSUE IS RELEVANT TO COUNT TWO.
MR. LEACH: RELEVANCE, YOUR HONOR. 403.
JUDGE DAVILA: I'LL ALLOW THE FIRST PAGE. BUT THE WHEEL AND THE OTHER MENU PRICE, I DON'T THINK THAT'S REALLY RELEVANT. I DON'T THINK IT GOES TO AN ISSUE REALLY. I DON'T SEE IT. SO UNDER 403 AND UNDER 401.
(DEFENDANT'S EXHIBIT 10689, PAGE 1 WAS RECEIVED IN EVIDENCE.)
MS. TREFZ: OKAY. LET'S OFFER EXHIBIT 1 -- I BELIEVE THEN -- CAN WE JUST DISPLAY PAGE 1 OF EXHIBIT 10689?
JUDGE DAVILA: YES. YES.
BY MS. TREFZ:
MS. TREFZ: WHAT IS PAGE 1 OF EXHIBIT 10689?
TRENT MIDDLETON: SO PAGE 1 HAS THE TOTAL NUMBER OF TESTS OFFERED UNDER THERANOS'S TEST MENU, AND IT ALSO SHOWS THE TOTAL NUMBER OF REFLEX TESTS THAT CAN BE FOUND ON THE TESTING MENU.
MS. TREFZ: AND HOW MANY TESTS WERE OFFERED BY THERANOS?
TRENT MIDDLETON: THERE'S A GRAND TOTAL OF 269 TESTS UNDER THE TESTING MENU.
MS. TREFZ: OKAY. AND IF WE CAN GO BACK TO EXHIBIT 3741. I WANT TO UNDERSTAND WHAT YOU IDENTIFIED AS REFLEX TEST, HOW YOU CAME TO THAT NUMBER.
TRENT MIDDLETON: SURE.
MS. TREFZ: SO CAN YOU -- IS THERE AN EXAMPLE ON 3741A?
TRENT MIDDLETON: SURE. SO THE FIRST EXAMPLE OF A REFLEX TEST SHOWING UP ON THE TESTING MENU IS UNDER THESE ANTINUCLEAR ANTIBODIES SCREEN, ANA, YOU'LL FIND A LITTLE INDENTATION THAT SAYS REFLEX TO ANA CONFIRMATORY, AND THE PRICE IS $7.68. YEP.
MS. TREFZ: OKAY. AND HOW MANY REFLEX TESTS DID YOU FIND ON THIS MENU?
TRENT MIDDLETON: THE GRAND TOTAL ON THIS MENU IS 23 REFLEX TESTS.
MS. TREFZ: OKAY. LET'S MOVE ON TO THE NEXT CATEGORY. DID YOU ALSO REVIEW COMPILATIONS OF TESTING DATA, OR, YEAH, TESTING REPORTS FROM CERTAIN HEALTH CARE PROVIDERS?
TRENT MIDDLETON: I DID.
MS. TREFZ: LET'S START WITH, LET'S START WITH DATA RELATED TO PROVIDER DR. GERALD ASIN.
TRENT MIDDLETON: OKAY.
MS. TREFZ: DID YOU -- WHAT DID YOU DO WITH RESPECT TO -- FIRST OF ALL, DID YOU REVIEW LAB REPORTS -- THERANOS LAB REPORTS CONTAINED IN DR. ASIN'S MEDICAL FILES?
TRENT MIDDLETON: THAT IS CORRECT.
MS. TREFZ: AND WHAT FORMAT WERE THEY IN?
TRENT MIDDLETON: I REVIEWED PDF SCANS OF THE FILES.
MS. TREFZ: AND WHAT DID YOU, WHAT DID YOU DO IN YOUR REVIEW?
TRENT MIDDLETON: SO BASICALLY I WENT THROUGH EACH OF THE PDF SCANS AND REVIEWED THEM FOR THERANOS LAB RESULTS, AND THEN NOTED THAT IN TERMS OF DATE THAT THE VISIT OCCURRED AND OTHER STATISTICS FROM THOSE LAB RESULTS.
MS. TREFZ: OKAY. AND WERE ALL OF THE, WERE ALL OF THE LAB REPORTS THAT YOU REVIEWED FROM THERANOS?
TRENT MIDDLETON: NO, THAT IS NOT CORRECT.
MS. TREFZ: BUT WERE YOU -- AND THEN SO HOW DID YOU DISTINGUISH BETWEEN WHAT WAS A -- WHAT SHOULD BE -- I'M SORRY. LET ME STRIKE THAT AND START OVER. DID YOU DISTINGUISH BETWEEN A THERANOS LAB REPORT AND ANOTHER ENTITY'S LAB REPORT?
TRENT MIDDLETON: I DID. I DID. SO THE SCAN HAS ALL OF THE LAB REPORTS FOR A CUSTOMER, BUT I ONLY FOCUSSED ON THE THERANOS LAB REPORTS AND IGNORED THE OTHER PROVIDERS.
MS. TREFZ: AND HOW MANY, HOW MANY OF THESE PDF FILES DID YOU REVIEW?
TRENT MIDDLETON: I BELIEVE SOMETHING AROUND 277 PDF'S.
MS. TREFZ: AND DID ALL OF THEM HAVE THERANOS LAB REPORTS IN THEM?
MS. TREFZ: AND DID YOU THEN SUMMARIZE THE INFORMATION THAT YOU, THAT YOU WERE SEEING INTO A, INTO A CHART?
TRENT MIDDLETON: I DID.
MS. TREFZ: AND CAN YOU DRAW YOUR ATTENTION TO 10690?
TRENT MIDDLETON: OKAY.
MS. TREFZ: AND --
MS. TREFZ: YOUR HONOR, I WOULD JUST NOTE FOR THE COURT THAT I DON'T INTEND TO ADMIT THIS EXHIBIT, BUT WE DO HAVE A REDACTED VERSION, BUT I WANTED TO MAKE SURE THAT THE COURT AND THE WITNESS AND THE GOVERNMENT HAVE THE FULL MATERIAL HERE.
JUDGE DAVILA: OKAY. THANK YOU.
BY MS. TREFZ:
MS. TREFZ: AND WHAT, WHAT INFORMATION IS CONTAINED IN 10690?
TRENT MIDDLETON: SO THE EXHIBIT HAS THE CONTROL NUMBER OR THE IDENTIFYING DOCUMENT THAT HAD A THERANOS LAB RESULT IN IT, THE PATIENT'S FULL NAME, THE PATIENT'S INITIALS, THE TOTAL NUMBER OF VISITS THAT WERE FOUND IN THE LAB RECORDS, THE DATE OF THE VISIT TO A THERANOS LAB, OR DATES IF THERE WERE MULTIPLE VISITS, THE TOTAL NUMBER OF TESTS FOR EACH VISIT, AS WELL AS THE TOTAL NUMBER OF VISITS AFTER MAY 11TH OF 2015, TOTAL NUMBER OF VISITS BY THAT PATIENT IN OCTOBER 15TH OF 2015, AND TOTAL NUMBER OF VISITS BY THAT CUSTOMER AFTER JANUARY 25TH, 2016.
MS. TREFZ: AND DID YOU CALCULATE THE SUM OF CERTAIN OF THE -- OF CERTAIN OF THE COLUMNS IN THIS -- IN 106?
TRENT MIDDLETON: YES. SO THEN I SUMMED UP THE TOTAL NUMBER OF VISITS MADE, AS WELL AS THE TOTAL NUMBER OF TESTS ORDERED, AS WELL AS THE TOTAL NUMBER OF VISITS AFTER THOSE DATES DESCRIBED.
MS. TREFZ: OKAY. AND WAS THAT INFORMATION THEN SUMMARIZED IN 10687?
TRENT MIDDLETON: IT WAS.
MS. TREFZ: CAN YOU TAKE A -- CAN I DRAW YOUR ATTENTION TO 10687.
TRENT MIDDLETON: OKAY. I'M THERE.
MS. TREFZ: AND IS THIS THE DOCUMENT THAT YOU SUMMARIZED? OR IS THIS THE SUMMARY OF THE -- THAT YOU CREATED FROM THE CHART THAT WE, THAT WE WERE JUST LOOKING AT AT 10690?
TRENT MIDDLETON: YES, THIS IS A TABLE SUMMARIZING THE INFORMATION FOUND IN THE DOCUMENT.
MS. TREFZ: I'M SORRY. AND DOES 10687 FAIRLY AND ACCURATELY REPRESENT THE INFORMATION THAT IS PURPORTS TO CONVEY?
TRENT MIDDLETON: IT DOES.
MS. TREFZ: YOUR HONOR, PURSUANT TO RULE 1006, I WOULD OFFER 10687.
JUDGE DAVILA: THE SECOND PAGE AS WELL?
MS. TREFZ: I WOULD OFFER THE SECOND PAGE.
MR. LEACH: 401, 403 TO PAGE 2, YOUR HONOR.
JUDGE DAVILA: I THINK THERE'S A LACK OF FOUNDATION ON THE SECOND PAGE.
MS. TREFZ: ON THE SECOND PAGE? OKAY.
JUDGE DAVILA: BUT I'LL ADMIT 10687, THE FIRST PAGE.
MS. TREFZ: MAY I TRY TO LAY A FOUNDATION FOR THE SECOND PAGE?
JUDGE DAVILA: SURE.
BY MS. TREFZ:
MS. TREFZ: SO WE JUST DISCUSSED PAGE 1 OF 10687. IS THERE A SECOND PAGE TO 10687?
TRENT MIDDLETON: I'M SORRY. ALLOW ME TO GET BACK THERE. THERE IS A SECOND PAGE TO 10687.
MS. TREFZ: AND WHAT IS 10687, PAGE 2? WHAT DOES THAT REPRESENT?
TRENT MIDDLETON: SO PAGE 2 SHOWS THE TOTAL NUMBER OF VISITS THAT WAS CALCULATED ACROSS ALL OF THE MEDICAL RECORDS THAT ARE VIEWED FOR DR. ASIN'S MEDICAL RECORDS, AND THEN IT PROVIDES THE FIRST DATE I FOUND, AND THE MEDICAL RECORDS THAT A CUSTOMER VISITED A CUSTOMER LAB.
MS. TREFZ: AND WHAT DATE WAS THAT, THE FIRST DATE?
TRENT MIDDLETON: THE FIRST DATE WAS DECEMBER 30TH OF 2013.
MS. TREFZ: OKAY.
TRENT MIDDLETON: AND THEN IT ALSO SHOWS THE LAST DATE THAT I FOUND IN THE MEDICAL RECORDS OF SOMEBODY VISITING A THERANOS LAB, AND THAT DATE WAS OCTOBER 3RD, 2016. AND THEN IT BREAKS OUT THOSE 490 VISITS IN TERMS OF WHEN THOSE VISITS OCCURRED BY CERTAIN DATES THAT WE HAD DESCRIBED PREVIOUSLY.
MS. TREFZ: AND IS IT SHOWN IN A DIFFERENT FORMAL THAN THE ORIGINAL SUMMARY THAT YOU CREATED?
TRENT MIDDLETON: YES. SO THE ORIGINAL FORMAT WAS PURELY A DATA SHEET, WAS ALMOST TALLYING THE NUMBERS. THIS IS MORE GRAND TOTAL FOR EACH DATE.
MS. TREFZ: YOUR HONOR, I WOULD OFFER PAGE 2 OF 10687.
MR. LEACH: 401, 403, AND I DON'T THINK THIS IS PROPER 1006.
JUDGE DAVILA: THERE'S SOME -- I'M GOING TO SUSTAIN THE OBJECTION. THERE'S SOME MATERIAL BRACKETED HERE THAT THERE'S NO FOUNDATION FOR. SO I'LL SUSTAIN THE OBJECTION.
MS. TREFZ: UNDERSTOOD, YOUR HONOR. I BELIEVE THAT THOSE DATES ARE IN THE RECORD, BUT I UNDERSTAND THE COURT'S ORDER.
JUDGE DAVILA: PURSUANT TO 1006, THIS IS A 1006 WITNESS, NOT AN OTHERWISE FACT WITNESS.
MS. TREFZ: I UNDERSTAND, YOUR HONOR.
JUDGE DAVILA: PAGE 1 IS ADMITTED. ARE YOU STILL ON THIS TOPIC?
(DEFENDANT'S EXHIBIT 10687, PAGE 1 WAS RECEIVED IN EVIDENCE.)
MS. TREFZ: I WAS GOING TO ASK TO DISPLAY PAGE 1 IF WE CAN.
JUDGE DAVILA: SURE.
MS. TREFZ: DID THE COURT HAVE AN INQUIRY?
JUDGE DAVILA: NOT ON THIS. ON SOMETHING ELSE.
MS. TREFZ: OKAY.
MS. TREFZ: MR. MIDDLETON, CAN YOU EXPLAIN WHAT 10687, PAGE 1, IS?
TRENT MIDDLETON: YEAH. SO IT'S A SUMMARY OF THE TEST RESULTS FROM DR. ASIN, AND IT'S A SUMMARY OF MY REVIEW OF THOSE TEST RESULTS FOR THERANOS LABS.
MS. TREFZ: OKAY. AND BY THAT YOU MEAN THERANOS LAB REPORTS?
TRENT MIDDLETON: THAT'S CORRECT, YES.
MS. TREFZ: AND JUST TO BE CLEAR, IS ALL OF THE INFORMATION IN TERMS OF THE VISIT DATE, WAS IT CONTAINED ON THE FACE OF THE LAB REPORT?
TRENT MIDDLETON: YES. THE DATE OF THE VISIT CAN BE FOUND ON -- WHEN YOU REVIEW THE LAB RESULTS, IT'S ON THE FIRST PAGE OF THE -- THE DATE OF THE VISIT.
MS. TREFZ: AND WHEN YOU WERE CALCULATING THOSE NUMBERS, DID YOU FOCUS ON THE VISIT DATE OR THE REPORT DATE?
TRENT MIDDLETON: I FOCUSSED ON THE DATE OF VISIT.
MS. TREFZ: OKAY.
TRENT MIDDLETON: THE SPECIFIC DATE CALLED OUT.
MS. TREFZ: OKAY. AND HOW MANY TOTAL THERANOS CUSTOMERS DID YOU SEE LAB REPORTS FOR IN THE FILES THAT YOU'VE REVIEWED?
TRENT MIDDLETON: SO A GRAND TOTAL OF 233 PEOPLE I FOUND HAD VISITED THERANOS LABS FROM DR. ASIN'S MEDICAL RECORDS.
MS. TREFZ: OKAY. AND HOW MANY CUSTOMERS HAD MULTIPLE VISITS TO THERANOS?
TRENT MIDDLETON: OF THOSE, I FOUND 110 HAD VISITED AT LEAST TWICE TO THERANOS LABS.
MS. TREFZ: AND THE -- AND HOW MANY TOTAL VISITS WERE REFLECTED IN -- AMONG THOSE THERANOS CUSTOMERS?
TRENT MIDDLETON: SO ACROSS ALL OF THOSE 233 CUSTOMERS, THEY MADE A GRAND TOTAL OF 490 VISITS TO THERANOS.
MS. TREFZ: AND WHAT WAS THE TOTAL NUMBER OF TESTS ORDERED IN THOSE LAB REPORTS?
TRENT MIDDLETON: THE GRAND TOTAL NUMBER OF TESTS ORDERED FOR ALL OF THOSE CUSTOMERS WAS 1969 TESTS.
MS. TREFZ: AND THE JURY HAS PREVIOUSLY SEEN THESE LAB REPORTS BEFORE. AND JUST TO UNDERSTAND HOW YOU CALCULATED THE TESTS, WERE THERE ANY TESTS THAT YOU EXCLUDED FROM YOUR CALCULATION, OR ANY RESULTS THAT YOU EXCLUDED FROM YOUR CALCULATION?
TRENT MIDDLETON: WELL, THERE WAS -- IF YOU -- WHEN YOU REVIEW THE LAB RESULTS, YOU WILL SEE AT THE TOP IT WILL LIST OUT ABNORMAL RESULTS. I DID NOT INCLUDE THOSE IN THE COUNT BECAUSE THAT WOULD BE DUPLICATIVE. I SKIPPED THAT SECTION AND WENT TO PURELY THE TOTAL LISTING OF TESTS THAT WERE ORDERED AND THE RESULTS.
MS. TREFZ: AND HOW DID YOU DO THAT?
TRENT MIDDLETON: IN TERMS OF -- I REVIEWED THE PDF AND SKIPPED OVER THE ABNORMAL RESULTS SECTION.
MS. TREFZ: I'M SORRY. HOW DID YOU CALCULATE THE NUMBER OF TESTS?
TRENT MIDDLETON: OH. LITERALLY JUST SCROLLING THROUGH THE LAB REPORT AND COUNTING ONE, TWO, THREE, AND SO ON AND SO FORTH.
MS. TREFZ: OKAY. ALL RIGHT. I'M GOING TO MOVE TO ANOTHER EXHIBIT WITHIN THE SAME TOPIC. SO WAS THERE AN ISSUE THAT YOU WANTED TO --
JUDGE DAVILA: THERE WAS. I SUSTAINED THE OBJECTION TO 10689, AND I THINK I ONLY ALLOWED PAGE 1 AS TO THAT EXHIBIT. I'VE REVISITED 3741A, FROM WHICH -- I THINK THAT IS THE GENESIS OF 10689. I NOTE THAT 3741A HAS PRICES IN THE COLUMNS.
MS. TREFZ: IT DOES.
JUDGE DAVILA: AND THEREFORE, I'M GOING TO CHANGE MY RULING ON THAT AND THOSE PAGES, 2 AND 3, THAT SHOW THE BREAKDOWN, THAT IS APPROPRIATE PRESENTATION FOR THE PRICING THAT IS LISTED ON 3741A. SO THOSE TWO PAGES ARE ADMITTED. THEY DO ENCOMPASS THE MATERIAL THERE. SO I'LL CHANGE THE COURT'S RULING. THOSE ARE ADMITTED. THEY CAN BE PUBLISHED IF YOU WANT TO DO THAT.
MS. TREFZ: THANK YOU, YOUR HONOR. I APPRECIATE THE OPPORTUNITY TO DO SO.
(DEFENDANT'S EXHIBIT 10689, PAGES 2 AND 3 WAS RECEIVED IN EVIDENCE.)
BY MS. TREFZ:
MS. TREFZ: IF WE CAN GO BACK, MR. MIDDLETON, AND MR. BENNETT, TO 10689, AND PULL UP PAGE 2 OF 10689. AND, MR. MIDDLETON, WHAT -- CAN YOU EXPLAIN WHAT IS REFLECTED IN PAGE 2 OF 10689?
TRENT MIDDLETON: SO PAGE 2 IS -- I MENTIONED BEFORE THAT I REVIEWED THE TESTING MENU AND BROKE OUT THE TESTS INTO VARIOUS BUCKETS OF PRICING, SO PAGE 2 SUMMARIZES THE NUMBER OF TESTS IN VARIOUS PRICE BUCKETS.
MS. TREFZ: OKAY. AND, AND WE SEE THERE -- WHY DON'T YOU TELL US WHICH PRICE BUCKETS YOU USED?
TRENT MIDDLETON: SURE. SO I FOCUSSED ON NUMBER OF TESTS UNDER $5, THE TOTAL NUMBER OF TESTS UNDER $10, THE TOTAL NUMBER OF TESTS UNDER $20, THE TOTAL NUMBER OF TESTS UNDER $50, AND FINALLY, THE TOTAL NUMBER OF TESTS UNDER $100.
MS. TREFZ: AND JUST SO WE'RE CLEAR, IS THIS -- FOR THIS PAGE 2 OF 10689, DO THE TESTS UNDER $100 AT 265 TESTS INCLUDE ALL OF THE TESTS THAT WERE ABOVE?
TRENT MIDDLETON: THAT IS CORRECT. IT'S CUMULATIVE.
MS. TREFZ: OKAY. SO UNDER $10 INCLUDES THE TESTS UNDER $5 AND ALSO THE TESTS BETWEEN $5 AND $10?
TRENT MIDDLETON: THAT'S CORRECT.
MS. TREFZ: OKAY. AND THEN DID -- WHAT IS REFLECTED IN THE -- IN THE THIRD COLUMN?
TRENT MIDDLETON: SO THE THIRD COLUMN BASICALLY SHOWS THE PERCENTAGE OF TAKING -- SO UNDER $5, THERE WERE 64 TESTS THAT WERE UNDER $5. IF YOU DIVIDE THAT BY THE TOTAL NUMBER OF TESTS OF 269 TESTS, THAT'S THE PERCENTAGE OF TESTS THAT ARE AVAILABLE UNDER $5 UNDER THE TESTING MENU.
MS. TREFZ: AND JUST SO WE'RE CLEAR ON THE PERCENTAGE THERE, THAT'S OF THE TESTS OFFERED THAT ARE LISTED -- THE TOTAL NUMBER OF TESTS LISTED ON PAGE 1 OF THIS EXHIBIT; RIGHT?
TRENT MIDDLETON: THAT'S CORRECT, YES.
MS. TREFZ: AND THEN LET'S GO TO PAGE 3 OF THE EXHIBIT. AND WHAT IS REFLECTED ON PAGE 3 OF THE EXHIBIT?
TRENT MIDDLETON: SO PAGE 3 IS A PIE CHART SHOWING THE BREAKDOWN OF THE TEST PRICES, AND THIS IS A LITTLE BIT DIFFERENT JUST BECAUSE IT'S NOT CUMULATIVE. YOU CAN ACTUALLY SEE HOW MANY ARE ATTRIBUTED TO EACH BUCKET IN THIS CASE.
MS. TREFZ: AND WHAT WAS THE LARGEST BUCKET?
TRENT MIDDLETON: IT WAS THE $5 TO $10 RANGE, CLOSELY FOLLOWED BY 10 TO 20 AND -- YEAH.
MS. TREFZ: OKAY. WE CAN MOVE ON. WE'RE GOING TO GO BACK TO YOUR REVIEW OF TEST RECORDS. THE NEXT ITEM I'D LIKE TO DISCUSS IS, CAN I DRAW YOUR ATTENTION TO EXHIBIT 13781.
TRENT MIDDLETON: OKAY. I'M THERE.
MS. TREFZ: AND DID YOU HAVE AN UNDERSTANDING OF WHAT EXHIBIT 13781 IS?
TRENT MIDDLETON: YES.
MS. TREFZ: OH. AND WHAT WAS YOUR UNDERSTANDING?
TRENT MIDDLETON: MY UNDERSTANDING IS THAT THIS IS THE LAB -- THIS IS THE SWC BLOOD TESTING ORDERS AFTER AUGUST OF 2015.
MS. TREFZ: AND IF I CAN DRAW YOUR ATTENTION TO 10693, THAT IS ALSO IN YOUR BINDER FOR IDENTIFICATION PURPOSES. AND IS THE -- AND IS YOUR UNDERSTANDING OF THE RECORDS CONTAINED IN EXHIBIT 13781 INFORMED BY 10693?
TRENT MIDDLETON: THAT'S CORRECT.
MS. TREFZ: OKAY. AND WHAT DID YOU -- WHAT DID YOU DO WITH THE INFORMATION IN 13781?
TRENT MIDDLETON: SO FOR 13781, I REVIEWED FOR THE GRAND TOTAL NUMBER OF TESTS THAT WERE ORDERED, AS WELL AS I ALSO LOOKED FOR HOW MANY TESTS WERE ASKED FOR HCG.
MS. TREFZ: OKAY. AND DID YOU ALSO COUNT THE NUMBER OF PROVIDERS THAT --
TRENT MIDDLETON: I ALSO -- THAT IS CORRECT, YES. I ALSO COUNTED THE NUMBER OF PROVIDERS THAT WERE LISTED.
MS. TREFZ: AND ARE ALL OF THOSE DIFFERENT PIECES IDENTIFIED OR IDENTIFIABLE FROM 13781?
TRENT MIDDLETON: THAT IS CORRECT.
MS. TREFZ: AND CAN YOU JUST EXPLAIN, HOW DID YOU CALCULATE THE, THE NUMBER OF VISITS?
TRENT MIDDLETON: SURE. SO THE TOTAL NUMBER OF VISITS, I BOTH HAND COUNTED STARTING AT 1 AND GOING TO THE END OF THE ROWS HOW MANY VISITS, AS WELL AS I COPIED OVER THE ORDER NUMBERS INTO AN EXCEL, AND I SAW HOW MANY ROWS THEY TOOK UP.
MS. TREFZ: OKAY. AND HOW MANY VISITS DID YOU IDENTIFY?
TRENT MIDDLETON: OVER 1100.
MS. TREFZ: AND WHAT ABOUT HCG TESTS ORDERED AFTER AUGUST 2015?
TRENT MIDDLETON: SO PAGES 1 TO 22 OF THE DOCUMENT HAS THE ORDER DESCRIPTION, AND SO I HAD ADOBE DRAW A BOX AROUND EVERY INSTANCE WHERE THERE WAS HCG IN THE TEXT, AND THEN I REVIEWED MANUALLY STARTING FROM THE VERY TOP ROW GOING ALL OF THE WAY UNTIL THE END OF PAGE 22 FOR -- TO MAKE SURE THAT IT CORRECTLY COUNTED HCG, AND ALSO TO MAKE SURE THAT NOTHING WAS MISSED AND NOTHING WAS INCORRECTLY INCLUDED IN THAT COUNT.
MS. TREFZ: SO IS IT FAIR TO SAY THAT FOR BOTH OF THOSE -- BOTH COUNTING THE NUMBER OF VISITS AND THE NUMBER OF TESTS ORDERED, YOU MANUALLY COUNTED AND ALSO DID SOME KIND OF ELECTRONIC CHECK FOR YOURSELF?
TRENT MIDDLETON: THAT'S CORRECT.
MS. TREFZ: AND THEN WITH RESPECT TO THE NUMBER OF PROVIDERS, HOW DID YOU CALCULATE THAT NUMBER?
TRENT MIDDLETON: SO NUMBER OF PROVIDERS. SO THE PROVIDERS ARE LISTED ON PAGES 23 TO 46 OF THE DOCUMENT, AND SO I COPIED THOSE PROVIDERS INTO AN EXCEL, USED THE DEDUPE FUNCTION AND THEN KIND OF -- TO BASICALLY COME UP WITH UNIQUE VALUES. I ALSO MANUALLY REVIEWED TO MAKE SURE THAT FUNCTION DIDN'T DO ANYTHING STRANGE.
MS. TREFZ: SO YOU ALSO MANUALLY REVIEWED?
TRENT MIDDLETON: I -- YES. I ORDERED THEM ALPHABETICALLY AND LOOKED FOR UNIQUE VALUES MYSELF.
MS. TREFZ: BUT IN ADDITION TO WHATEVER REVIEW YOU DID IN THE EXCEL, DID YOU ALSO DOUBLE-CHECK ON THE HARD -- ON THE PDF COPY OF THE EXHIBIT THAT YOU HAD?
TRENT MIDDLETON: I USED MY COPYING METHOD INTO AN EXCEL.
MS. TREFZ: OKAY. DID YOU -- AND SO DOES EXHIBIT -- I'D LIKE TO DRAW YOUR ATTENTION TO 10688.
TRENT MIDDLETON: OKAY.
MS. TREFZ: AND DOES EXHIBIT 10688 ACCURATELY SUMMARIZE CERTAIN -- THE INFORMATION THAT YOU CALCULATED THAT WE WERE JUST DISCUSSING?
TRENT MIDDLETON: IT DOES.
MS. TREFZ: YOUR HONOR, I WOULD OFFER, PURSUANT TO 1006, EXHIBIT 10688.
MR. LEACH: NO OBJECTION, YOUR HONOR.
JUDGE DAVILA: IT'S ADMITTED. IT MAY BE PUBLISHED.
(DEFENDANT'S EXHIBIT 10688 WAS RECEIVED IN EVIDENCE.)
BY MS. TREFZ:
MS. TREFZ: MR. MIDDLETON, CAN YOU EXPLAIN TO US WHAT WE ARE SEEING IN EXHIBIT 10688?
TRENT MIDDLETON: SO THIS SUMMARIZES THE TOTAL NUMBER OF VISITS MADE AS LISTED IN THE ORDER FORM, THE HCG TESTS ORDERED AND THOSE BLOOD TEST ORDERS, AS WELL AS THE UNIQUE NUMBER OF PROVIDERS THAT WERE FOUND THAT HAD ORDERED THERANOS TESTS.
MS. TREFZ: OKAY. AND HOW MANY VISITS DID YOU IDENTIFY?
TRENT MIDDLETON: OVER 1100.
MS. TREFZ: AND HOW MANY HCG TESTS DID YOU IDENTIFY?
TRENT MIDDLETON: OVER 270.
MS. TREFZ: AND HOW MANY PROVIDERS DID YOU IDENTIFY?
TRENT MIDDLETON: OVER 20.
MS. TREFZ: OKAY. WE ARE DONE WITH THIS EXHIBIT. I HAVE ONE LAST TOPIC FOR YOU.
TRENT MIDDLETON: OKAY.
MS. TREFZ: AND I WOULD LIKE TO DRAW YOUR ATTENTION IN YOUR BINDER TO EXHIBIT 14259. AND, MR. MIDDLETON, THIS IS NOT A DOCUMENT THAT YOU -- THAT YOU'RE ON; CORRECT?
MS. TREFZ: CAN YOU IDENTIFY THE DATE OF THE TOP EMAIL IN THIS DOCUMENT?
TRENT MIDDLETON: SURE. THE TOP EMAIL WAS SENT ON MAY 12TH OF 2015.
MS. TREFZ: AND CAN YOU IDENTIFY -- IS THERE A BATES NUMBER ON THE BOTTOM RIGHT OF THE DOCUMENT?
TRENT MIDDLETON: YES.
MS. TREFZ: AND WHAT IS?
TRENT MIDDLETON: THE BATES IS HOLMES 0019255.
MS. TREFZ: YOUR HONOR, I WOULD MOVE TO ADMIT 14259 PURSUANT TO RULE 803(6).
MR. LEACH: HEARSAY, FOUNDATION, YOUR HONOR. HE'S NOT SUMMARIZING ANYTHING. 401.
JUDGE DAVILA: IS THIS EMAIL IN EVIDENCE, OR PART OF IT IN EVIDENCE?
MS. TREFZ: IT IS NOT, YOUR HONOR. I AM ATTEMPTING TO MOVE IT INTO EVIDENCE. IT WAS SHOWN YESTERDAY TO THE PATIENT.
JUDGE DAVILA: UNDERSTOOD.
MS. TREFZ: I'M SORRY?
JUDGE DAVILA: IT WAS NOT ADMITTED, THOUGH?
MS. TREFZ: CORRECT, IT WAS NOT. AND SINCE THEN THE GOVERNMENT MOVED TO ADMIT OVER OUR OBJECTION 4415, AND WE BELIEVE NOW THAT THIS CAN BE ADMITTED.
JUDGE DAVILA: MR. LEACH, 4415?
MR. LEACH: THE COURT HASN'T HEARD FROM A SINGLE ONE OF THE WITNESSES ON THIS DOCUMENT. I DON'T KNOW HOW THAT WOULD SATISFY 803(6).
MS. TREFZ: AND IF I COULD JUST RESPOND, YOUR HONOR?
JUDGE DAVILA: SURE.
MS. TREFZ: THE GOVERNMENT ADMITTED DURING ITS CASE-IN-CHIEF A NUMBER OF DOCUMENTS FOR WHICH THERE WAS NO WITNESS, AND IN PARTICULAR I NOTE, AS I DID BEFORE, EXHIBIT 4415 WAS ADMITTED BY THE GOVERNMENT YESTERDAY OVER OUR OBJECTION DURING THE TESTIMONY OF DR. BURNES, AND IT WAS ADMITTED PURSUANT TO 803(6), AND WE BELIEVE THIS IS SUBSTANTIALLY SIMILAR AND FOR SUBSTANTIALLY SIMILAR REASONS.
JUDGE DAVILA: DO YOU NEED TO MAKE A FOUNDATION, AN 803(6) FOUNDATION FOR THIS?
MS. TREFZ: I CAN THROUGH ASKING THE WITNESS WHAT IS IDENTIFIED IN THE DOCUMENT, YOUR HONOR, BUT OBVIOUSLY HE'S NOT THERE.
JUDGE DAVILA: RIGHT. SO I'M NOT SURE -- ON THE FACE, I DON'T THINK IT QUALIFIES UNDER 803(6).
MS. TREFZ: IF I COULD DRAW THE COURT'S ATTENTION TO THE CONTEXT OF THE EMAIL AND JUST MAKE A COMPARISON? AND I CAN DO THIS OUTSIDE OF THE PRESENCE OF THE JURY LATER ON IF THE COURT --
JUDGE DAVILA: OKAY. WELL, I'LL SUSTAIN THE OBJECTION.
MS. TREFZ: OKAY.
MS. TREFZ: AND IF I COULD JUST DRAW YOUR ATTENTION TO 13609 AS WELL. AND I ASSUME THAT WE'RE GOING TO HAVE THE SAME ISSUE, YOUR HONOR, SO I JUST WANTED TO MAKE A RECORD --
JUDGE DAVILA: SURE.
MS. TREFZ: -- OF THIS.
MS. TREFZ: MR. MIDDLETON, CAN YOU IDENTIFY THE DATE SENT ON EXHIBIT 13069?
TRENT MIDDLETON: THE DATE SENT WAS MAY 12TH OF 2015.
MS. TREFZ: AND THE -- WHAT IS THE BATES NUMBER ON THE BOTTOM RIGHT?
TRENT MIDDLETON: THE BATES NUMBER IS THER-3090166.
MS. TREFZ: AND IF I COULD JUST DRAW YOUR ATTENTION TO THE BOTTOM EMAIL, THE FIRST EMAIL IN THE CHAIN. WHAT, WHAT DO YOU SEE IN THE TO LINE OF 13069?
TRENT MIDDLETON: THE TO LINE ON THE VERY BOTTOM EMAIL IS LAB ESCALATE.
MS. TREFZ: THANK YOU. I HAVE NO FURTHER QUESTIONS, YOUR HONOR.
JUDGE DAVILA: OKAY. THANK YOU.
MS. TREFZ: OH, ACTUALLY, I'M SORRY, YOUR HONOR. MAY I MOVE THE ADMISSION OF THAT DOCUMENT?
MR. LEACH: SAME OBJECTION, YOUR HONOR.
JUDGE DAVILA: ALL RIGHT. THE OBJECTION IS SUSTAINED.
MS. TREFZ: ALL RIGHT.
COURT CLERK: COUNSEL, CAN YOU STATE THAT EXHIBIT NUMBER AGAIN, PLEASE?
MS. TREFZ: YES, I CAN. IT IS 13609.
JUDGE DAVILA: 13069.
MS. TREFZ: 13069. I'VE SAID IT PROBABLY FOUR DIFFERENT WAYS, AND I APOLOGIZE TO MS. RODRIGUEZ AND TO THE COURT.
COURT CLERK: THANK YOU.
JUDGE DAVILA: ALL RIGHT. THANK YOU.
MS. TREFZ: WITH THAT, NO FURTHER QUESTIONS, YOUR HONOR.
JUDGE DAVILA: ALL RIGHT. CROSS-EXAMINATION?
MR. LEACH: THANK YOU, YOUR HONOR.
CROSS-EXAMINATION BY MR. LEACH:
MR. LEACH: GOOD AFTERNOON, MR. MIDDLETON.
TRENT MIDDLETON: GOOD AFTERNOON.
MR. LEACH: MY NAME IS BOB LEACH. I'M ONE OF THE PROSECUTORS ON THE CASE. YOU WORK FOR THE LAW FIRM WILLIAMS & CONNOLLY LLP?
TRENT MIDDLETON: THAT'S CORRECT.
MR. LEACH: AND YOU LIVE IN WASHINGTON, D.C.?
TRENT MIDDLETON: THAT'S CORRECT.
MR. LEACH: AND THAT'S WHERE WILLIAMS & CONNOLLY'S OFFICES ARE?
TRENT MIDDLETON: YES, THEIR ONE OFFICE.
MR. LEACH: AND YOU SUPPORT ATTORNEYS FROM WILLIAMS & CONNOLLY IN THEIR WORK REPRESENTING CLIENTS; IS THAT CORRECT?
TRENT MIDDLETON: THAT IS CORRECT.
MR. LEACH: DO YOU DO LITIGATION WORK?
TRENT MIDDLETON: I DO.
MR. LEACH: OKAY. AND DO YOU TAKE DIRECTION FROM THE ATTORNEYS WHO SUPERVISE YOU?
TRENT MIDDLETON: I TAKE DIRECTION FROM, YES, THE ATTORNEYS THAT ARE IN MY CASE.
MR. LEACH: OKAY. SO THE ATTORNEYS DIRECT YOU AND GUIDE YOU IN THE WORK THAT YOU DO AS A PARALEGAL?
TRENT MIDDLETON: THAT'S CORRECT.
MR. LEACH: OKAY. AND IN THE TRIAL CONTEXT, THAT MIGHT INVOLVE ORGANIZING AND REVIEWING DOCUMENTS LIKE ONE OF THE BINDERS THAT YOU HAVE IN FRONT OF YOU?
TRENT MIDDLETON: YES, YES. I'VE MADE MANY A BINDER IN MY TIME.
MR. LEACH: AND SOME DAYS IT MIGHT ASSIST PULLING EXHIBITS OR DOCUMENTS FROM DATABASES; IS THAT RIGHT?
TRENT MIDDLETON: THAT IS CORRECT.
MR. LEACH: AND ON DAYS LIKE TODAY IT MEANS YOU GIVE TESTIMONY HERE IN FEDERAL COURT?
TRENT MIDDLETON: I WILL SAY THIS IS UNIQUE, BUT YES.
MR. LEACH: HAVE YOU EVER TESTIFIED BEFORE?
MR. LEACH: OKAY. HOW DID YOU GET THIS ASSIGNMENT?
TRENT MIDDLETON: I GOT THIS ASSIGNMENT -- I GOT CALLED BY MY FELLOW PARALEGAL THAT THEY WERE LOOKING FOR SOMEONE TO PROVIDE SOME SUMMARIES, SO --
MR. LEACH: OKAY. WHEN DID YOU GET THIS ASSIGNMENT?
TRENT MIDDLETON: I BELIEVE MAYBE THE BEGINNING OF AUGUST THIS YEAR.
MR. LEACH: OKAY. AND YOU'VE BEEN WORKING HARD ON THAT SINCE AUGUST?
TRENT MIDDLETON: THAT'S CORRECT, OFF AND ON.
MR. LEACH: OKAY. WILLIAMS & CONNOLLY PAYS YOUR SALARY I PRESUME?
TRENT MIDDLETON: THAT IS CORRECT.
MR. LEACH: OKAY. ARE PARALEGALS AT WILLIAMS & CONNOLLY ELIGIBLE FOR SOME TYPE OF BONUS?
TRENT MIDDLETON: NO. THERE IS A VERY SMALL YEAR END BONUS, YES, I GUESS THERE IS. THAT WAS NEWLY INSTITUTED, SO YES.
MR. LEACH: THAT'S GREAT NEWS FOR YOU. AND HOW IS YOUR BONUS CALCULATED?
TRENT MIDDLETON: I BELIEVE IT IS PURELY JUST A MERITS BASED BONUS.
MR. LEACH: OKAY. AND BY MERIT, THAT MEANS YOUR PERFORMANCE?
TRENT MIDDLETON: THAT IS CORRECT.
MR. LEACH: SO IN THE TRIAL CONTEXT, HOW WELL YOU'RE ORGANIZING AND REVIEWING DOCUMENTS?
TRENT MIDDLETON: AH, YES.
MR. LEACH: AND IN THE TRIAL CONTEXT -- AND DO THE ATTORNEYS WHO SUPERVISE YOU HAVE A SAY IN YOUR PERFORMANCE REVIEWS?
TRENT MIDDLETON: YES, THE ATTORNEYS WRITE PERFORMANCE REVIEWS, YES.
MR. LEACH: OKAY. AND THAT PERFORMANCE -- OR THE -- SO THE BONUS IS BASED IN SOME PART ON THE QUALITY OF YOUR WORK?
TRENT MIDDLETON: YES, UH-HUH.
MR. LEACH: AND THE ATTORNEYS HAVE INPUT INTO THAT PROCESS?
TRENT MIDDLETON: THAT WOULD BE CORRECT.
MR. LEACH: AND WILLIAMS & CONNOLLY CAN HIRE OR FIRE YOU IF THEY WANT TO?
TRENT MIDDLETON: YES. I CAN'T SAY LEGALLY IT'S AN AT-WILL STATE, BUT I ASSUME, YES, THEY CAN FIRE ME ANY TIME.
MR. LEACH: OKAY. WHAT DO YOU MEAN BY "AT-WILL"?
TRENT MIDDLETON: I'M OFFERING SOMETHING THAT I DON'T KNOW ANYTHING ABOUT. I KNOW THAT THERE'S AT-WILL LEGAL STATES, AND YEAH.
MR. LEACH: OKAY. BUT THE ATTORNEYS WHO YOU WORK FOR HAVE SOME SAY IN YOUR CONTINUED EMPLOYMENT AT WILLIAMS & CONNOLLY; IS THAT FAIR?
TRENT MIDDLETON: YES.
MR. LEACH: OKAY. YOU NEVER WORKED AT THERANOS; RIGHT?
MR. LEACH: YOU HAVE NO PERSONAL KNOWLEDGE ABOUT THE FACTS OF THIS CASE; CORRECT?
MR. LEACH: YOU'RE WHAT IS CALLED A SUMMARY WITNESS; IS THAT YOUR UNDERSTANDING?
TRENT MIDDLETON: THAT'S CORRECT.
MR. LEACH: SO YOU REVIEW DOCUMENTS AND YOU ADD UP NUMBERS AND YOU PRESENT THEM AS BEST AS YOU CAN?
TRENT MIDDLETON: THAT IS CORRECT.
MR. LEACH: OKAY. IN ADVANCE OF YOUR TESTIMONY TODAY, DID YOU MEET WITH THE WILLIAMS & CONNOLLY LAWYERS REPRESENTING MS. HOLMES?
TRENT MIDDLETON: I DID.
MR. LEACH: AND DID THEY GO THROUGH THE QUESTIONS THAT THEY WOULD ASK YOU HERE TODAY?
TRENT MIDDLETON: YES, WE REVIEWED THE QUESTIONS.
MR. LEACH: OKAY. HOW MANY MEETINGS DID YOU HAVE?
TRENT MIDDLETON: I GOT IN TUESDAY EVENING, AND I BELIEVE I MET WITH AT LEAST ONE ATTORNEY EVERY DAY SINCE. SO FOUR MEETINGS.
MR. LEACH: OKAY. DID YOU MEET WITH MR. DOWNEY?
MR. LEACH: OKAY. DID YOU MEET WITH MR. WADE?
MR. LEACH: DID YOU MEET WITH --
TRENT MIDDLETON: CORRECTION. I BELIEVE MR. WADE MIGHT HAVE BEEN IN THE ROOM.
MR. LEACH: OKAY. AND DID YOU MEET WITH JOHN CLINE, ONE OF MS. HOLMES'S OTHER ATTORNEYS?
MR. LEACH: DID YOU MEET WITH ANY OF THE ASSOCIATES WORKING ON THIS CASE WITH MR. DOWNEY AND HIS TEAM?
TRENT MIDDLETON: YES.
MR. LEACH: OKAY. WHICH ONES DID YOU MEET WITH?
TRENT MIDDLETON: J.R.
MR. LEACH: J.R?
TRENT MIDDLETON: YES, RIGHT THERE.
MR. LEACH: YOU'RE POINTING TO A GENTLEMAN IN THE COURTROOM?
TRENT MIDDLETON: THAT'S CORRECT, YES.
MR. LEACH: OKAY. DID YOU MEET WITH AMY SAHARIA?
MR. LEACH: AND DO YOU KNOW WHO MS. SAHARIA IS?
TRENT MIDDLETON: YES.
MR. LEACH: WHO IS SHE?
TRENT MIDDLETON: SHE IS AN ATTORNEY WITH WILLIAMS & CONNOLLY.
MR. LEACH: REPRESENTING MS. HOLMES?
TRENT MIDDLETON: YES.
MR. LEACH: AND DID YOU MEET WITH PATRICK LOOBY?
MR. LEACH: AND WHO IS PATRICK LOOBY?
TRENT MIDDLETON: I CAN'T SAY.
MR. LEACH: OKAY. YOU DON'T KNOW HIM AS AN ATTORNEY AT WILLIAMS & CONNOLLY?
MR. LEACH: OKAY. HOW ABOUT RICH CLEARY? DID YOU MEET WITH HIM?
MR. LEACH: YOU DON'T KNOW WHO HE IS?
MR. LEACH: AND YOU DON'T KNOW HIM AS AN ATTORNEY AT WILLIAMS & CONNOLLY?
MR. LEACH: HOW ABOUT ANDREW LEMENS? DO YOU KNOW WHO THAT IS?
TRENT MIDDLETON: I KNOW THAT NAME.
MR. LEACH: AND WHO IS HE?
TRENT MIDDLETON: I BELIEVE AN ATTORNEY AT WILLIAMS & CONNOLLY.
MR. LEACH: AND DID YOU MEET WITH HIM IN CONNECTION WITH THIS?
MR. LEACH: AND SO IN YOUR MEETING WITH MS. TREFZ AND MR. WADE AND MAYBE OTHERS, DID YOU SEE ANYBODY TAKING NOTES AS THEY WERE ASKING YOU QUESTIONS?
TRENT MIDDLETON: I DON'T RECALL THEM TAKING NOTES.
MR. LEACH: OKAY. DID YOU SHOW THEM THE SUMMARY CHARTS THAT YOU PREPARED HERE TODAY?
TRENT MIDDLETON: YES.
MR. LEACH: AND DID YOU MAKE ANY CHANGES BASED ON THEIR FEEDBACK?
MR. LEACH: YOU GOT IT RIGHT THE FIRST TIME?
TRENT MIDDLETON: YES. THEY, THEY WERE VERY -- WHATEVER I MADE IN THE SUMMARY CHARTS, THAT IS THE CHART.
MR. LEACH: OKAY. SO THE CHARTS THAT WE'RE LOOKING AT TODAY ARE THE ONE AND ONLY CHARTS IN EXISTENCE? THERE WEREN'T DRAFTS, THERE WEREN'T ITERATIONS, THERE WASN'T FEEDBACK OR NONE OF THAT?
TRENT MIDDLETON: THE CHARTS WE'RE LOOKING AT TODAY ARE THE FINAL CHARTS. I'M SURE THE NUMBERS MAY HAVE SHIFTED SLIGHTLY.
MR. LEACH: TELL ME ABOUT HOW THE NUMBERS SHIFTED.
TRENT MIDDLETON: UH, SO BASICALLY OCCASIONALLY SOME OF CHARTS, SOMEONE WOULD HELP FILL OUT THE CHART TO SPEED UP THE PROCESS, AND THEN I WOULD REVIEW IT TO MAKE SURE IT WAS ACCURATE, AND I WOULD FIND INACCURACIES AND CORRECT THE DATE TO MAKE SURE THAT WAS, IN FACT, THE TRUE AND FINAL COUNT.
MR. LEACH: AND WHO IS THE SOMEBODY WHO WOULD DO THAT?
TRENT MIDDLETON: I'M NOT SURE.
MR. LEACH: YOU'RE NOT SURE?
TRENT MIDDLETON: I'M NOT SURE.
MR. LEACH: OKAY. DID YOU DRAFT THE SLIDES WE'RE LOOKING AT?
TRENT MIDDLETON: I EDITED THE SLIDES THAT WE LOOKED AT.
MR. LEACH: SO SOMEONE ELSE DRAFTED THEM?
TRENT MIDDLETON: SOMEONE MADE THE TEMPLATE.
MR. LEACH: OKAY. WHO MADE THE TEMPLATE?
TRENT MIDDLETON: I CANNOT SAY.
MR. LEACH: YOU DON'T KNOW?
TRENT MIDDLETON: I DO NOT KNOW.
MR. LEACH: OKAY. HOW DID YOU GET IT?
TRENT MIDDLETON: I WAS PROVIDED TO THEM BY THE ATTORNEYS AT WILLIAMS & CONNOLLY.
MR. LEACH: OKAY. SO MS. TREFZ, MR. WADE, THEY GAVE YOU A TEMPLATE AND YOU WORKED WITH THAT?
TRENT MIDDLETON: AND THEN I FILLED IN THE DATA THAT I FOUND, YEP.
MR. LEACH: OKAY. AND THE ONES THAT WE'RE LOOKING AT ARE THE ONE AND ONLY DRAFTS OUT THERE?
TRENT MIDDLETON: I MEAN, IT WAS A LIVE DOCUMENT, SO, YEAH.
MR. LEACH: WOULD YOU EMAIL IT BACK AND FORTH?
TRENT MIDDLETON: NO, WE DIDN'T EMAIL IT BACK AND FORTH.
MR. LEACH: YOU HAD IT ON A SHARED DRIVE AND YOU WOULD MAKE IT OUT --
JUDGE DAVILA: ASK YOUR QUESTION AGAIN.
BY MR. LEACH:
MR. LEACH: YOU HAD IT ON A SHARED DRIVE AND YOU MADE EDITS TO THAT ONE AND ONLY DOCUMENT?
TRENT MIDDLETON: THAT'S CORRECT, YEAH.
MR. LEACH: HOW LONG DID YOUR MEETING WITH MS. TREFZ AND MR. WADE GO AS YOU WERE OUT HERE IN SAN FRANCISCO?
TRENT MIDDLETON: THEY WERE USUALLY ABOUT AN HOUR.
MR. LEACH: OKAY. AND THEY WENT THROUGH THE QUESTIONS THAT THEY WERE ASKING, SOME OF THE QUESTIONS THAT THEY WERE ASKING YOU HERE TODAY?
TRENT MIDDLETON: THAT'S CORRECT.
MR. LEACH: OKAY. I'D LIKE TO LOOK AT SOME OF THE SLIDES THAT YOU WENT THROUGH ON YOUR DIRECT EXAMINATION.
TRENT MIDDLETON: SURE.
MR. LEACH: THE FIRST ONE HAD TO DO WITH PATENTS. DO YOU RECALL THAT SLIDE?
TRENT MIDDLETON: I DO.
MR. LEACH: NOW, YOU'RE NOT A PATENT LAWYER; RIGHT?
MR. LEACH: NEVER WORKED FOR THE U.S. PATENT AND TRADEMARK OFFICE?
TRENT MIDDLETON: I HAVE NOT.
MR. LEACH: AND YOU'RE NOT FAMILIAR WITH THE WORK THAT THEY DO THERE?
MR. LEACH: AND DID YOU READ ANY OF THE PATENTS?
MR. LEACH: DO YOU UNDERSTAND ANY OF THE PATENTS?
MR. LEACH: YOU'RE JUST TAKING DATA ON THE FRONT PAGE AND PUTTING THEM INTO A SPREADSHEET?
TRENT MIDDLETON: YOU'VE GOT IT.
MR. LEACH: AND YOU -- AND YOU HAVE NO IDEA WHETHER WHAT'S DESCRIBED IN THE PATENT ACTUALLY WORKS, DO YOU?
MR. LEACH: NO IDEA WHATSOEVER?
MR. LEACH: IT'S JUST A PIECE OF PAPER YOU WERE LOOKING AT?
TRENT MIDDLETON: THAT IS CORRECT.
MR. LEACH: OKAY. IF WE COULD PLEASE DISPLAY EXHIBIT 5172. IS THIS ONE OF THE DOCUMENTS, MR. MIDDLETON, THAT YOU WERE ASKED TO SUMMARIZE?
TRENT MIDDLETON: THAT'S CORRECT.
MR. LEACH: AND CAN YOU TELL US AGAIN WHICH ROWS YOU WERE ATTEMPTING TO SUMMARIZE?
TRENT MIDDLETON: SURE. I FOCUSSED ON ROWS 26 AND 27.
MR. LEACH: OKAY. SO THE ONE SAYING CUSTOMER RECEIPTS AND THEN OPTION/STOCK PROCEEDS; CORRECT?
TRENT MIDDLETON: THAT IS CORRECT.
MR. LEACH: AND YOU DON'T KNOW WHO THE CUSTOMER RECEIPTS COME FROM; CORRECT?
TRENT MIDDLETON: I DO NOT.
MR. LEACH: YOU DON'T KNOW WHETHER THEY COME FROM WALGREENS?
TRENT MIDDLETON: NO, I DO NOT.
MR. LEACH: YOU DON'T KNOW WHETHER THEY CAME FROM SAFEWAY?
MR. LEACH: THIS IS THE SOLE SOURCE OF YOUR INFORMATION?
TRENT MIDDLETON: THAT IS THE SOLE SOURCE OF MY INFORMATION.
MR. LEACH: OKAY. AND IF WE CAN ZOOM TO THE LEFT, MS. HOLLIMAN, TO THE COLUMN FOR SEPTEMBER OF 2013, AND MAYBE MOVE TO THE RIGHT IF WE COULD, OR MAYBE MY RIGHT. TO THE LEFT. THERE WE GO. AND I DRAW YOUR ATTENTION, MR. MIDDLETON, TO THE COLUMN FOR TOTAL CASH BALANCES. ACTUALLY IF WE CAN KEEP GOING TO 2013, MS. HOLLIMAN. A LITTLE FURTHER. THERE WE GO. THANK YOU. MR. MIDDLETON, I'M DRAWING YOUR ATTENTION TO COLUMN EN. DO YOU SEE A TOTAL CASH BALANCE THERE OF $14,463,111?
TRENT MIDDLETON: YES, I BELIEVE COLUMN EN IS $14,463,111.
MR. LEACH: OKAY. AND WILLIAMS & CONNOLLY DIDN'T ASK YOU TO REVIEW ANY CHANGES IN THE THERANOS CASH BALANCE FOR PARTICULAR PERIODS?
TRENT MIDDLETON: NO, I DID NOT FOCUS ON THIS ROW.
MR. LEACH: AND YOU HAVE NO REASON TO DOUBT THE DATA IN THIS COLUMN?
TRENT MIDDLETON: I HAVE NO REASON TO.
MR. LEACH: THE SECOND PAGE OF 10685 IS TITLED OPTION/STOCK PROCEEDS. DO YOU SEE THAT?
TRENT MIDDLETON: HOLD ON. YES, I SEE THAT.
MR. LEACH: AND YOU DON'T KNOW WHETHER THESE COME FROM OPTIONEES EXERCISING THEIR OPTIONS AND GIVING MONEY TO THE COMPANY OR INVESTORS PUTTING NEW MONEY INTO THE COMPANY, DO YOU?
TRENT MIDDLETON: I DO NOT.
MR. LEACH: OKAY. LET ME DRAW YOUR ATTENTION TO WHAT WAS MARKED DURING YOUR DIRECT EXAMINATION AS EXHIBIT 10685. I'M SORRY, 10686.
TRENT MIDDLETON: OKAY.
MR. LEACH: DO YOU RECALL BEING ASKED QUESTIONS ABOUT THIS SLIDE?
TRENT MIDDLETON: I DO.
MR. LEACH: THE TITLE OF THIS SLIDE IS ENTITY THAT INVESTED IN THERANOS. DO YOU SEE THAT?
TRENT MIDDLETON: I DO.
MR. LEACH: AND WHERE DO YOU GET THAT TERM, "ENTITIES"?
TRENT MIDDLETON: WELL, ENTITIES IN TERMS OF THERE'S, LIKE, TRUSTS, AS WELL AS INDIVIDUALS, AND SO ENTITIES.
MR. LEACH: IS THAT A WORD THAT YOU CAME UP WITH, OR WAS THAT SOMETHING FROM THE LAWYERS AT WILLIAMS & CONNOLLY?
TRENT MIDDLETON: WILLIAMS & CONNOLLY PROVIDED THE TERM.
MR. LEACH: OKAY. IT'S MORE THAN ENTITIES THAT INVESTED IN THERANOS; ISN'T THAT RIGHT, MR. MIDDLETON?
TRENT MIDDLETON: I CANNOT SAY.
MR. LEACH: WELL, LET'S LOOK AT THE DOCUMENT THAT YOU SUMMARIZE HERE.
TRENT MIDDLETON: OKAY.
MR. LEACH: IF WE COULD GO TO EXHIBIT 10692. YOU MIGHT NEED THE NATIVE FILE FOR THIS ONE, MS. HOLLIMAN. IF WE COULD SCROLL DOWN TO THE, IF WE COULD SCROLL DOWN TO THE BOTTOM, MS. HOLLIMAN, OF THE SHEET. ACTUALLY, I THINK IT WILL BE EASIER IF I USE THE ELMO. MAY I USE THE ELMO, MS. KRATZMANN?
COURT CLERK: YES.
BY MR. LEACH:
MR. LEACH: ARE YOU ABLE TO SEE THIS, MR. MIDDLETON?
TRENT MIDDLETON: I AM.
MS. TREFZ: MR. LEACH, I WASN'T SURE ABOUT THE POTENTIAL REDACTIONS. I'M HAPPY WITH YOU DISPLAYING THIS, I JUST WANTED TO FLAG FOR YOU I WASN'T SURE WHETHER YOU WERE GOING TO IDENTIFY INDIVIDUALS -- I JUST WANTED TO FLAG IT.
MR. LEACH: THIS IS IN EVIDENCE, YOUR HONOR. I DON'T SEE ANY PII IN HERE. SOME OF THESE ARE INDIVIDUALS WHO INVESTED IN THERANOS, AND THAT'S THE --
JUDGE DAVILA: NO. GO RIGHT AHEAD. YOU MAY CONTINUE.
BY MR. LEACH:
MR. LEACH: UP AT THE TOP, MR. MIDDLETON, DO YOU SEE THE NAMES ALAN EISENMAN, SHERRIE EISENMAN, AND KENDRA FADIL?
TRENT MIDDLETON: I DO.
MR. LEACH: AND THOSE APPEAR TO BE INDIVIDUALS TO YOU, NOT ENTITIES; CORRECT?
TRENT MIDDLETON: THAT APPEARS TO BE INDIVIDUALS, YES.
MR. LEACH: AND YOU HAVE NO IDEA WHY KENDRA FADIL INVESTED $75,000 INTO THERANOS?
TRENT MIDDLETON: I CANNOT SAY.
MR. LEACH: YOU DON'T KNOW WHETHER THAT WAS -- WHAT THE PURPOSE OF THAT INVESTMENT WAS OR WHY SHE WAS COMMITTING $75,000 TO THERANOS?
TRENT MIDDLETON: I HAVE NO KNOWLEDGE ABOUT THAT.
MR. LEACH: AND YOU DON'T KNOW WHY MR. EISENMAN INVESTED IN THERANOS?
TRENT MIDDLETON: I DO NOT.
MR. LEACH: AND YOU WOULD AGREE WITH ME THAT THESE LOOK LIKE INDIVIDUALS, NOT ENTITIES?
TRENT MIDDLETON: THEY APPEAR TO BE INDIVIDUALS.
MR. LEACH: OKAY. AND IF WE LOOK AT THE NEXT PAGE, IN THE MIDDLE THERE'S A REFERENCE TO NANCY MINNIG, MELISSA FINDLEY. DO YOU KNOW WHETHER THEY WERE ADMINISTRATIVE ASSISTANTS AT PARTICULAR FIRMS?
TRENT MIDDLETON: I CANNOT SAY.
MR. LEACH: YOU DON'T KNOW WHO THEY ARE?
TRENT MIDDLETON: I HAVE NO IDEA.
MR. LEACH: AND YOU DON'T KNOW WHY THEY INVESTED THE AMOUNTS THAT THEY INVESTED LISTED HERE, DO YOU?
TRENT MIDDLETON: I CANNOT KNOW. I DON'T SAY.
MR. LEACH: AND WHY DID YOU USE THE TERM "ENTITIES"?
TRENT MIDDLETON: BECAUSE THERE ARE VARIOUS TRUSTS, ALONG WITH INDIVIDUALS, AND SO IT'S MORE THAN JUST INDIVIDUALS.
MR. LEACH: OKAY. YOU WEREN'T TRYING TO SUGGEST THAT AN ENTITY, IF THEY LOSE MONEY, THAT DOESN'T MATTER; BUT AN INDIVIDUAL, IF THEY LOSE MONEY, THAT MATTERS MORE? THAT WASN'T WHAT YOU WERE TRYING TO DO?
TRENT MIDDLETON: THAT ALL SOUNDS WELL BEYOND MY SCOPE, YEAH.
MR. LEACH: BECAUSE YOU GOT THAT FROM THE LAWYERS AT WILLIAMS & CONNOLLY?
TRENT MIDDLETON: IN TERMS OF WHAT DID I GET?
MR. LEACH: WHAT TO PUT ON THE SLIDE.
TRENT MIDDLETON: THEY SUGGESTED IT, YES.
MR. LEACH: OKAY. LET'S LOOK AT 10689.
TRENT MIDDLETON: OKAY.
MR. LEACH: AND I'LL DISPLAY THIS. DO YOU RECALL TESTIMONY ABOUT THE THERANOS TEST MENU?
TRENT MIDDLETON: I DO.
MR. LEACH: AND YOU TOOK THAT PIECE OF PAPER AND COUNTED UP THE NUMBER OF TESTS THAT WERE DONE ON ANY GIVEN PERIOD OF TIME, OR IN THAT PERIOD OF TIME; CORRECT?
TRENT MIDDLETON: I COUNTED THE NUMBER OF TESTS THAT APPEARED ON THAT TEST MENU.
MR. LEACH: AND THERE'S A NUMBER FOR REFLEX TESTS, 23. DO YOU SEE THAT?
TRENT MIDDLETON: I DO.
MR. LEACH: AND DO YOU KNOW WHETHER THOSE WERE TESTS THAT WERE RUN ON EDISON OR AN FDA APPROVED MACHINE?
TRENT MIDDLETON: I HAVE NO IDEA.
MR. LEACH: BEYOND WHAT YOU WERE ASKED TO DO?
TRENT MIDDLETON: YEAH, UH-HUH.
MR. LEACH: AND WITH RESPECT TO 10687, THE SUMMARY OF VISITS RELATING TO DR. ASIN, DO YOU RECALL BEING ASKED QUESTIONS ABOUT THAT?
TRENT MIDDLETON: I DO.
MR. LEACH: AND YOU DON'T HAVE ANY IDEA WHY PARTICULAR PATIENTS WERE GOING TO THERANOS ON ANY GIVEN DAY?
TRENT MIDDLETON: I DO NOT.
MR. LEACH: YOU DON'T KNOW WHETHER THAT WAS SOMETHING THAT DR. ASIN TOLD THEM TO DO, OR SOMEBODY ELSE TOLD THEM TO DO, OR ANYBODY TOLD THEM TO DO?
TRENT MIDDLETON: I DO NOT HAVE THAT KNOWLEDGE.
MR. LEACH: YOU JUST COUNTED UP NUMBERS AND YOU DIDN'T KNOW ANYTHING BEHIND THE REASONS?
TRENT MIDDLETON: YOU'VE GOT IT.
MR. LEACH: YOU WERE NOT ASKED TO -- I'M SORRY. I HAVE ONE QUESTION ON 10688. IF I COULD DISPLAY THAT ONE. DO YOU RECALL BEING ASKED SOME QUESTIONS ABOUT HCG TESTS IN CONNECTION WITH THIS EXHIBIT?
TRENT MIDDLETON: I DO.
MR. LEACH: AND THIS IS FOR THE TIME PERIOD AFTER AUGUST OF 2015; IS THAT CORRECT?
TRENT MIDDLETON: THAT'S CORRECT.
MR. LEACH: AND YOU DON'T KNOW WHETHER THERANOS STOPPED RUNNING THE HCG TESTS ON THE EDISON DEVICE EARLIER IN 2015, DO YOU?
TRENT MIDDLETON: I CANNOT SAY.
MR. LEACH: YOU'VE NEVER SEEN ANY DOCUMENTS ABOUT WHETHER THERANOS WAS RUNNING THE HCG TEST ON ITS PROPRIETARY DEVICE?
TRENT MIDDLETON: I DO NOT KNOW ANYTHING ABOUT THAT.
MR. LEACH: OKAY. AND THE SUMMARIES THAT YOU WERE ASKED TO PROVIDE, THE IDEAS FOR THESE COME FROM THE LAWYERS AT WILLIAMS & CONNOLLY; CORRECT?
TRENT MIDDLETON: THE IDEAS OF WHAT SUMMARIES TO PROVIDE? YES, THAT IS CORRECT.
MR. LEACH: THESE WEREN'T YOUR IDEAS?
TRENT MIDDLETON: NO, NO.
MR. LEACH: OKAY. AND YOU WERE NEVER ASKED TO SUMMARIZE HOW MANY ASSAYS WERE RUN ON THERANOS'S SAMPLE PROCESSING UNIT IN THE CLIA LAB?
MR. LEACH: I'M GOING TO VENTURE TO GUESS YOU DON'T KNOW WHAT THE CLIA LAB IS.
TRENT MIDDLETON: I HAVE NO IDEA WHAT YOU SAID.
MR. LEACH: OKAY. AND YOU WERE NEVER ASKED TO SUMMARIZE TEXT MESSAGES BETWEEN MS. HOLMES AND MR. BALWANI ABOUT THINGS THAT WERE GOING ON AT THERANOS?
TRENT MIDDLETON: NO, I'VE NEVER SEEN TEXT MESSAGES.
MR. LEACH: AND YOU WERE NEVER ASKED TO SUMMARIZE EMAILS BETWEEN ADAM ROSENDORFF AND MS. HOLMES ABOUT WHAT WAS GOING ON?
TRENT MIDDLETON: NO, I DIDN'T REVIEW ANY EMAILS.
MR. LEACH: AND YOU WERE NOT ASKED TO SUMMARIZE MEDIA ARTICLES WITH STATEMENTS BY MS. HOLMES?
TRENT MIDDLETON: NO, I DIDN'T REVIEW MEDIA ARTICLES.
MR. LEACH: AND YOU WERE NOT ASKED TO SUMMARIZE THE NUMBER OF TESTS THAT WERE VOIDED BY THERANOS IN 2016, WERE YOU?
MR. LEACH: THEY NEVER ASKED YOU TO DO THAT?
MR. LEACH: OKAY. MAY I HAVE A MOMENT, YOUR HONOR?
(DISCUSSION AMONGST GOVERNMENT COUNSEL OFF THE RECORD.)
MR. LEACH: NO FURTHER QUESTIONS, YOUR HONOR.
JUDGE DAVILA: MS. TREFZ?
MS. TREFZ: NO FURTHER QUESTIONS, YOUR HONOR.
JUDGE DAVILA: MAY THIS WITNESS BE EXCUSED?
MS. TREFZ: YES, YOUR HONOR.
JUDGE DAVILA: YOU'RE EXCUSED.
TRENT MIDDLETON: THANK YOU.
JUDGE DAVILA: DOES THE DEFENSE HAVE ANOTHER WITNESS TO CALL?
MS. TREFZ: WE DO, YOUR HONOR. WE'RE JUST MAKING SURE HE'S ON HIS WAY.
JUDGE DAVILA: DOES THE DEFENSE REST?
MS. TREFZ: NO, YOUR HONOR. WE WERE JUST MAKING SURE THEY WERE IN THE BUILDING, AND WE'RE GETTING THE WITNESS HERE. YES, YOUR HONOR, THE DEFENSE CALLS DR. FABRIZIO BONANNI.
(PAUSE IN PROCEEDINGS.)
JUDGE DAVILA: GOOD AFTERNOON, SIR. IF YOU WOULD JUST WALK OVER HERE AND FACE OUR COURTROOM DEPUTY WHILE YOU RAISE YOUR RIGHT HAND, SHE HAS A QUESTION FOR YOU.
COURT CLERK: GOOD AFTERNOON.
TRENT MIDDLETON: GOOD AFTERNOON.
(DEFENDANT'S WITNESS, FABRIZIO BONANNI, WAS SWORN.)
TRENT MIDDLETON: YES.
JUDGE DAVILA: PLEASE HAVE A SEAT UP HERE. I'LL INVITE YOU TO MAKE YOURSELF COMFORTABLE. FEEL FREE TO ADJUST THE CHAIR AND MICROPHONE. I'LL ENCOURAGE YOU TO SPEAK DIRECTLY INTO THE MICROPHONE. WHEN YOU ARE COMFORTABLE, WOULD YOU PLEASE STATE YOUR NAME AND THEN SPELL IT, PLEASE.
TRENT MIDDLETON: FABRIZIO BONANNI. F-A-B-R-I-Z-I-O, B-O-N-A-N-N-I.
JUDGE DAVILA: THANK YOU. COUNSEL.