Dorothy Atkins@doratki
52m
We're back. Prosecutor Robert Leach is going through presentation Burd showed Safeway's board. Burd said he made the presentation after running it by Theranos. It includes a "rollout strategy" slide, which includes "build a network of mini-labs and prepare for launch."
Dorothy Atkins@doratki
51m
The presentation was made in May 2010 and the time-line for the roll-out was that Safeway and Theranos' contract would close by the second quarter of 2010. But Burd said the timeline "continuously changed.”
Dorothy Atkins@doratki
46m
Prosecutor shows Burd a July 30, 2010 email Holmes sent to him, Safeway's CFO and Balwani. Holmes wrote the email included "high-level" financial projections attached, which Burd said Safeway asked for to "understand how fast the business would ramp up."
Dorothy Atkins@doratki
45m
Burd says Safeway asked for the projections because "If they weren’t going to be profitable, the business relationship wouldn’t last long."
Dorothy Atkins@doratki
43m
The attachment projected Theranos' 2011 revs would be $223 million, w/ $167M expenses, giving it a "cash flow" of $56M, and growing annually from there. Burd notes that the doc didn't include 2010 info so Safeway had no way to confirm Theranos was cash flow neutral that year.
Dorothy Atkins@doratki
40m
Back to the presentation now, it says Safeway was "guaranteed" an average $10 gross margin per Theranos test. Burd says Safeway would invest $55 million in cash in Theranos, and it would spend $30 million to remodel stores, which Burd notes turned out to be a "v low" estimate.
Dorothy Atkins@doratki
35m
Burd says he negotiated Safeway's Sept 2010 deal "almost exclusively" w/ Elizabeth Holmes. "What was unusual about it was that we never saw an attorney. Elizabeth appeared to be negotiating completely on her own, probably talking to counsel online but I had never seen that done."
Dorothy Atkins@doratki
26m
Prosecutor Robert Leach is walking through the various terms of Safeway's contract w/ Theranos. Burd says he thought the blood-tests were done on Theranos' devices, and not third-party devices.
Dorothy Atkins@doratki
23m
Burd says Elizabeth Holmes was his point of contact, and even when Sunny Balwani was there, Holmes seemed to be in charge. "She never looked over at Sunny to see what he might be thinking, she answered these questions herself."
Dorothy Atkins@doratki
23m
Burd says Holmes "was always decisive. Whenever she was talking, she owned the room," & her "style" was warm. "I always thought she was a good listener." He says he wasn't aware Holmes had a romantic relationship w/ Balwani. "It just raises the question of what else is hidden."
Dorothy Atkins@doratki
16m
Burd says he thought Theranos' tests had been proven and he was relying on statements in Theranos' presentations, including quotes in the presentation of Glaxoklinesmith's praise of the technology.
Dorothy Atkins@doratki
16m
Prosecutor shows a bank statement showing Safeway gave Theranos $30 million in 2011, and a $10 million convertible promissory note in December 2011.
Dorothy Atkins@doratki
9m
Burd says by 2012, the devices weren't ready for Safeway and he was getting frustrated. "Deadlines were continuing to be missed. We often weren’t given explanation for that. I kept asking, 'Give me some details here, we’re a big company with lots of resources, may be can help.'"
Dorothy Atkins@doratki
7m
Burd says the only technical issue he can remember was that Theranos was having problems with heat generated when they stack six machines together and he offered Safeway's engineering team to help.
Dorothy Atkins@doratki
6m
Burd says he thought Theranos' blood tests had been validated years earlier, and he offered Safeway's resources to help, but Holmes expressed concerns about keeping Theranos' trade secrets concealed.
Dorothy Atkins@doratki
2m
Burd wrote Elizabeth Holmes in a Dec 2012 email that "it is crystal clear that either the most recently committed dates.. were far too ambitious, or there have been some overwhelming surprises along the way..."
Dorothy Atkins@doratki
6m
Burd's email went on "...I also worry that the demand of your core business or the newly acquired DOD business are consumer resources that would otherwise be committed to launch." Burd says Holmes told him Theranos was in a "confidential" DOD deal to use devices in medevac.
Dorothy Atkins@doratki
6m
Burd testifies that Holmes "said it was very confidential I was bothered by it. I was disappointed. It seemed plausible. It just seemed like one more delay to us," but "It made sense." W/ that, trial recessed until Tuesday. That's all folks!