`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF MASSACHUSETTS
`
`
`CARIS MPI, INC.,
`
`Plaintiff,
`
`v.
`
`FOUNDATION MEDICINE, INC.
`
`Defendant.
`___________________________________
`
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`)
`)
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`)
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`C.A. No. 1:17-cv-12194
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`
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`
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`DECLARATION OF VINITA FERRERA
`IN SUPPORT OF FOUNDATION MEDICINE’S MOTION TO DISMISS FOR
`LACK OF PATENTABLE SUBJECT MATTER AND WRITTEN DESCRIPTION
`
`
`
`
`
`
`Case 1:17-cv-12194-MLW Document 24 Filed 01/16/18 Page 2 of 4
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`I, Vinita Ferrera, declare as follows:
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`1.
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`I am a partner with the law firm Wilmer Cutler Pickering Hale and Dorr LLP,
`
`which is counsel to Foundation Medicine, Inc. in the above-captioned matter. I am admitted to
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`practice before this Court and make this declaration in support of Foundation Medicine’s Motion
`
`to Dismiss for Lack of Patentable Subject Matter and Written Description. Unless otherwise
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`stated, I know the facts stated herein of my personal knowledge.
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`2.
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`Attached hereto as Exhibit 1 is a true and correct copy of:
`
`a.
`
`b.
`
`c.
`
`d.
`
`e.
`
`claim 1 of United States Patent U.S. Patent No. 8,880,350 (the “’350
`Patent”) filed January 31, 2014, and issued on November 4, 2014;
`
`claim 1 of United States Patent U.S. Patent No. 9,092,392 (the “’392
`Patent”) filed February 7, 2014, and issued on July 28, 2015;
`
`claim 1 of United States Patent U.S. Patent No. 9,292,660 (the “’660
`Patent”) filed February 21, 2014, and issued on March 22, 2016;
`
`claim 1 of United States Patent U.S. Patent No. 9,372,193 (the “’193
`Patent”) filed August 29, 2014, and issued on June 21, 2016;
`
`claim 1 of United States Patent U.S. Patent No. 9,383,365 (the “’365
`Patent”) filed December 18, 2014, and issued on July 5, 2016; and
`
`redline comparisons comparing claim 1 of the ’350 Patent, with claim 1 of the ’392, ’660, ’193,
`
`and ’365 Patents.
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`3.
`
`Attached hereto as Exhibit 2 is a true and correct copy of the Final Office Action,
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`dated November 27, 2015, from the file history of U.S. Application No. 14/187,028.
`
`4.
`
`Attached hereto as Exhibit 3 is a true and correct copy of the Final Office Action,
`
`dated November 5, 2014, from the file history of U.S. Application No. 14/170,370.
`
`
`
`Case 1:17-cv-12194-MLW Document 24 Filed 01/16/18 Page 3 of 4
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`5.
`
`Attached hereto as Exhibit 4 is a true and correct copy of the Final Office Action,
`
`dated October 23, 2014, from the file history of U.S. Application No. 14/170,450.
`
`6.
`
`Attached hereto as Exhibit 5 is a true and correct copy of the Notice of
`
`Allowance, dated September 23, 2014, from the file history of U.S. Application No. 14/170,466.
`
`7.
`
`Attached hereto as Exhibit 6 is a true and correct copy of the Response to
`
`Non-Final Office Action, dated July 7, 2014, from the file history of U.S. Application No.
`
`14/170,466.
`
`8.
`
`Attached hereto as Exhibit 7 is a true and correct copy of the Response to
`
`Non-Final Office Action, dated April 21, 2015, from the file history of U.S. Application No.
`
`14/175,781.
`
` I
`
` declare under penalty of perjury under the laws of the United States that the foregoing is
`
`true and correct and that this declaration was executed on January 16, 2018, at Boston,
`
`Massachusetts.
`
`
`
`
`
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`
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`/s/ Vinita Ferrera
`Vinita Ferrera (BBO #631190)
`
`
`
`
`Case 1:17-cv-12194-MLW Document 24 Filed 01/16/18 Page 4 of 4
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`CERTIFICATE OF SERVICE
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`I hereby certify that a true copy of the above document and Exhibits 1-7, filed through
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`the ECF system, will be sent electronically to the registered participants of record as identified
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`on the Notice of Electronic Filing on January 16, 2018. In addition, I hereby certify that a true
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`copy of the above document will be mailed by First Class Mail on January 16, 2018 to any non-
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`registered participants of record.
`
`
`/s/ Vinita Ferrera
`Vinita Ferrera (BBO #631190)
`
`
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