`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`Sandoz Inc.
`
`Petitioner
`
`V.
`
`EKR Therapeutics, LLC (f/k/a EKR Therapeutics, Inc.)
`Patent Owner
`
`U.S. Patent No. 8,455,524
`
`Case No. IPR2015-00005
`
`DECLARATION OF SERGIO DUSCI
`
`IPR2015-00005
`
`Sandoz Exhibit 1025 Page 1
`
`
`
`1.
`
`I am the Managing Director of ACS Dobfar Info. S.A.
`
`I am familiar with and have knowledge of the contents of the
`2.
`Manufacture and Supply Agreement (“MSA”) between Sandoz AG and ACS
`Dobfar InfoS.A. (“Info”) I understand that Dobfar is a defendant, along with
`Sandoz AG and Sandoz Inc., in related litigation pending in the District of New
`Jersey,Chiesz' USA, Inc., et al., v. Sandoz Inc., et al., Civ. A. No. 13-05723
`(D.N.J.), relating to a nicardipine injectable product (the “Litigation”).I am the
`person at Info with responsibility for the MSA and the Litigation.
`
`3.
`I am also informed that on October 1, 2014, Sandoz Inc.
`commenced the above-captioned inter partes review proceedings (“IPR”)
`before the Patent and Trademark Appeals Board.
`
`4.
`
`Sandoz AG and Info are the parties to the MSA.
`
`Info has no corporate control over Sandoz lnc.Info is a separate
`5.
`and unaffiliated company from Sandoz Inc.
`
`6.
`
`Info did not and does not direct, fund or control Sandoz Inc.’s
`
`filing of the IPRS.
`
`Info did not have any input into the content of the IPR petitions.
`
`7.
`
`8.
`
`I eclare under penalty of perjury of the laws of the United States of
`erica that the foregoing is true and correct.
`
`SERGIO DUSCI
`
`ny-l 175467
`
`IPR2015-00005
`
`Sandoz Exhibit 1025 Page 2
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