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`________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`________________
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`AMNEAL PHARMACEUTICALS LLC, PAR PHARMACEUTICAL, INC. and
`WOCKHARDT BIO AG,
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`Petitioners,
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`v.
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`JAZZ PHARMACEUTICALS, INC.
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`Patent Owner
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`________________
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`Case IPR2015-005471
`Patent 7,765,107
`________________
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`SUPPLEMENTAL DECLARATION OF
`JOSEPH T. DIPIRO, PHARM.D.
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`1 Case IPR2015-01820 has been joined with this proceeding.
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`JAZZ EXHIBIT 2059
`Amneal Pharms. et al. (Petitioners) v. Jazz Pharms., Inc. (Patent Owner)
`Case IPR2015-00547
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`Page 1 of 3
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`I, Joseph T. DiPiro, Pharm.D., hereby declare and state as follows:
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`1.
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`I submit this supplemental declaration on behalf of Jazz
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`Pharmaceuticals, Inc. (“Jazz”), Patent Owner of U.S. Patent No. 7,765,107 (the
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`“’107 patent”) in connection with this inter partes review (“IPR”), Case IPR2015-
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`00547.
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`2.
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`I have reviewed the deposition testimony of Dr. Glenn A. Van
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`Buskirk submitted as Exhibit 2054 in this IPR.
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`3.
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`Dr. Van Buskirk’s testimony is consistent with my opinion that a
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`POSA would not be scanning the Federal Register regularly for notices of advisory
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`committee meetings (see, e.g., Ex. 2046 ¶ 53) and that only those with skill
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`exceeding that of a POSA would have a need or motivation to thoroughly read the
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`Federal Register, specifically to find meeting announcements, and even more
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`specifically to search for announcements that contain information concerning the
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`distribution, safety, and abuse of drugs that have not been approved (see, e.g., id. ¶
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`54). See also id. ¶ 56.
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`4.
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`In my opinion, Dr. Van Buskirk’s testimony is consistent with the
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`actions of a POSA.
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`Page 2 of 3
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`Executed this 30th day of November 2015. I declare under penalty of perjury
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`that the foregoing is true and correct.
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`________________________________
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`Joseph T. DiPiro, Pharm.D.
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`Page 3 of 3