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`____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`____________
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`COALITION FOR AFFORDABLE DRUGS II LLC
`Petitioner
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`v.
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`NPS PHARMACEUTICALS, INC.
`Patent Owner
`____________
`
`Case IPR2015-00990
`Patent 7,056,886
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`____________
`
`DECLARATION OF MATTHEW HU IN SUPPORT OF PATENT
`OWNER’S MOTION TO DEEM THE FILING OF PATENT OWNER’S
`EXHIBITS 2042-2055, 2057-2074, & 2076-2147 AS TIMELY
`
`NPS Ex. 2151
`CFAD v. NPS
`IPR2015-00990
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`1
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`
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`I, Matthew Hu, hereby declare:
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`1.
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`I am a paralegal at the law firm of Troutman Sanders LLP, counsel of
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`record for Patent Owner NPS Pharmaceuticals, Inc. (“NPS”). I make this
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`Declaration in support of Patent Owner’s Motion to Deem the Filing of Patent
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`Owner’s Exhibits 2042-2055, 2057-2074, & 2076-2147 as Timely in IPR2015-
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`00990 and IPR2015-01093 based on my own personal knowledge and, if called as
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`a witness, I could and would testify competently to the facts in this Declaration.
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`2.
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`I was instructed by Dustin Weeks – attorney of record for NPS – to
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`begin filing NPS’s Response, NPS’s Combined Motion to Seal and Motion for
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`Entry of Protective Order, and associated exhibits for IPR2015-00990 and
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`IPR2015-01093 at approximately 11:30 p.m. on January 20, 2016.
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`3.
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`Due to the large number of exhibits that had to be filed, I informed
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`Mr. Weeks that I did not believe the filing would be completed prior to 12:00 a.m.
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`on January 21, 2016 (“the filing deadline”).
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`4.
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`Mr. Weeks then instructed me, first, to file (1) the Response (Paper
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`33), (2) redacted and unredacted versions of the expert declarations in support of
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`the Response – Ex. 2040 and 2041 (unredacted) and Ex. 2148 and 2149 (redacted),
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`(3) Ex. 2056 and 2075 in support of the Response, which contain confidential
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`protective order material filed under seal, (4) Patent Owner’s Combined Motion to
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`File Under Seal and for Entry of Protective Order (Paper 34), and (5) the Protective
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`2
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`
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`Order associated with the motion in IPR2015-00990 to ensure that these
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`documents were filed prior to the filing deadline.
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`5.
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`I filed each of the documents referenced in ¶ 4 prior to the filing
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`deadline.
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`6.
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`Mr. Weeks then instructed me to file the documents corresponding to
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`those identified above in ¶ 4 for related IPR2015-01093 to ensure that these
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`documents were filed prior to the filing deadline. For IPR2015-01093, these
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`documents included Paper 31 (Response), Paper 32 (Motion), Exhibits 2041 and
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`2051 (unredacted declarations), Exhibits 2056 and 2075 (confidential exhibits),
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`and Exhibits 2148 and 2149 (redacted declarations).
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`7.
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`In IPR2015-01093, each of the documents identified in ¶ 6 were filed
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`prior to the filing deadline, with the exception of the redacted expert declarations
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`(Ex. 2148 and 2149), which were filed at 12:02 a.m. on January 21, 2016.
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`8.
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`Mr. Weeks then instructed me to begin filing Exhibits 2042-2055,
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`2057-2074, and 2076-2147 in IPR2015-00990 and IPR2015-01093.
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`9.
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`I began filing Exhibits 2042-2055, 2057-2074, and 2076-2147 in
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`IPR2015-00990, but encountered difficulties with size limits of some of the files
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`requiring me to break several of the exhibits down into multiple documents to be
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`uploaded.
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`10.
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`I completed the filing of Exhibits 2042-2055, 2057-2074, and 2076-
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`3
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`
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`2147 in IPR2015-00990 – after taking almost 2.5 hours to upload all documents –
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`at 2:25 a.m.
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`11.
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`I immediately then began filing Exhibits 2042-2055, 2057-2074, and
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`2076-2147 in IPR2015-01093.
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`12.
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`I completed the filing of Exhibits 2042-2055, 2057-2074, and 2076-
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`2147 in IPR2015-01093 at approximately 3:50 a.m.
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`13. On January 21, 2016, I sent an email to counsel of record for
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`Petitioner with a Dropbox link, which provided Petitioner’s counsel with access to
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`all documents filed in IPR2015-00990 and IPR2015-01093.
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`14. On January 21, 2016, I mailed hard copies of all documents filed by
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`NPS in IPR2015-00990 and IPR2015-01093 to Petitioner via overnight delivery.
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`15.
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`I declare under penalty of perjury that the statements made herein are
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`true and correct.
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`Dated: January 29, 2016
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`Respectfully submitted,
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`/Matthew Hu/
`Matthew Hu
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`4