The Centers for Medicare & Medicaid Services' inspection of Theranos was going poorly, and she knew about it. She said she didn't recall being told the lab posed immediate jeopardy to patient health.
The former president and COO of Theranos told her that the lab was world-class. She said that the board of directors, FDA, and theCMS were made aware of the use of modified third-party devices by Theranos.
Theranos' use of venous draws from potential investors was not hidden. Christian, who worked in product management at Theranos, sent an email to potential investors saying that they could not tell them not to do venous draws.
Third-party devices are used by Theranos.
The goal was to only use the miniLab exclusively even though the third-party analyzers had been purchased by Theranos, she testified.
According to The Wall Street Journal, the HIV test that the previous witness and Theranos patient had taken had run on a commercial device, not a proprietary Theranos one.
The company was using third-party devices, but not to the journalist who wrote the Fortune article.
She said she could have handled the communications differently. The piece reported that Theranos didn't use third-party analyzers and that it offered more than 200 tests without the need for a needle.
There are trade secrets.
The trade secret policy of Theranos was heard by jurors as rationale for some of her actions.
There was a lot of invention happening in our laboratories. We needed to figure out how to protect the new ideas that the scientists and engineers were coming up with.
The modifications the company made to third-party machines were trade secrets, so she didn't tell Walgreens about it, according to CNN. She was told that despite trade secret concerns, Theranos sent devices to Walgreens to review, trusting the company not to reverse-engineer them.
The man tried not to "ignite" Balwani.
The prosecution brought up the fact that Balwani often repeated messages that he sent. According to CNBC, the reason she did this was because she tried not to ignite him by repeating things he said to be supportive and show she was listening. The lab had a former director, Adam Rosendorff, who left in November of 2014). After their break-up, Balwani would show up at her church and a place she frequently went to, as the most important advisor to her as CEO.
Theranos could be whatHolmes pitched.
"I wanted to talk about what this company could do a year from now, five years from now, 10 years from now, and I had people that were long-term investors that I wanted to talk to," he testified.
Ian Gibbons prepared slides that jurors saw that showed how Theranos' testing abilities have influenced her understanding. The company only had prototypes of its 4.0 series by that point, and Gibbons' presentation spoke to what the company might achieve one day, not what it could do at the time.
She admitted she knew investors lost money, but she didn't tell them about Theranos.
The defense rested its case. The closing arguments will begin Thursday.
