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`
`NPS EX. 2034
`CFAD v. NPS
`IPR2015-00990
`
`
`
`NPS EX. 2034
`CFAD v. NPS
`IPR2015-00990
`
`
`
`I, Erich Spangenberg, hereby declare the following:
`
`1.
`
`I am the Manager/Chief Executive Officer of nXn Partners, LLC
`
`(“nXnP”) and the Manager/Chief Executive Officer of IP Navigation Group, LLC
`
`(“IPNav”), both of which are identified as a real parties—in—interest in these
`
`proceedings.
`
`2.
`
`I am authorized to provide this declaration in my personal capacity
`
`and as a representative of nXnP and IPNav.
`
`3.
`
`I understand that Petitioner made the following statement with respect
`
`to real pa:rties—in—interest in these proceedings:
`
`Pursuant to 37 C.F-R. § 42-8(b)(1), Petitioner certifies that
`Coalition For Affordable Drugs 11 LLC (“CFAD”), Hayman
`Credes Master Fund, L.P. (“Credes”), Hayman Orange Fund
`SPC — Portfolio A (“HOF”), Hayman Capital Master Fund, L.P.
`(“HCMF”), Hayman Capital Management, L.P. (“HCM”),
`Hayman Offshore Management, Inc. (“HOM”), Hayman
`Investments, L.L.C. (“HI”), nXn Partners, LLC (“I1XnP”), IP
`Navigation Group, LLC (“lPNav”), J Kyle Bass, and Erich
`Spangenberg are the real parties in interest (collectively,
`“RPI”). The RP] hereby certify the following infonnation:
`CFAD is a wholly owned subsidiary of Credes- Credes is a
`limited partnership. HOF is a segregated portfolio company.
`HCMF is a limited partnership. HCM is the general partner and
`investment manager of Credes and HCMF. HCM is the
`investment manager of HOF. HOM is the administrative
`general partner of Credes and HCMF. H1 is the general partner
`of HCM. J Kyle Bass is the sole member of H1 and sole
`shareholder of HOM- CFAD, Credes, HOF and HCMF act,
`directly or indirectly, through HCM as the general partner
`and/or investment manager of Credes, HOF and HCMF. nXnP
`is a paid consultant to HCM. Erich Spangenberg is 98.5%
`member of nXnP. IPNav is a paid consultant to nXnP. Erich
`
`l
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`Page 2
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`Page 2
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`
`
`Spangenberg is the 98.5% member of lPNav. Other than HCM
`and J Kyle Bass in his capacity as the Chief Investment Officer
`of HCM and nXnP and Erich Spangenberg in his capacity as
`the Manager/CEO of nXnP, no other person (including any
`investor, limited partner, or member or any other person in any
`of CFAD, Credes, HOF, HCMF, HCM, HOM, HI, nXnP or
`IPNav) has authority to direct or control (i) the timing of, filing
`of, content of, or any decisions or other activities relating to this
`Petition or (ii) any timing, future filings, content of, or any
`decisions or other activities relating to the future proceedings
`related to this Petition. All of the costs associated with this
`
`Petition will be borne by HCM, CFAD, Credes, HOF and/or
`HCM F.
`
`IPR20l5—00990, Paper 1 at pp- 3-5; IPR2015—0l093, Paper 1 at pp- 3-4.
`
`4-
`
`I further understand that, in response to a motion for Additional
`
`Discovery from the Patent Owner NPS Pharmaceuticals, Inc., the Board ordered as
`
`follows:
`
`In particular, as to Request for Production No. 6, we
`authorize additional discovery only as to any agreements,
`in the possession of Petitioner, relating to the control or
`ability to control any aspect of the current proceeding by
`a party not designated as Petitioner or a real party-in-
`interest in the Petition. Such agreements include those
`indicating that any person or party (other than Petitioner
`or designated real parties—in—interest) provided direction
`to, or had the authority to provide direction to, Petitioner
`or its counsel in relation to this proceeding, including
`persons or parties who reviewed, or were given the
`opportunity to review, papers filed in this proceeding.
`
`IPR20l5—00990, Paper 14 at p. 7; IPR20l5—0l093, Paper 14 at p. 7.
`
`5.
`
`In response to this Order and at the request of Petitioner, I conducted a
`
`diligent search for any agreements in the possession of nXnP, lPNav or myself
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`2
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`Page 3
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`Page 3
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`
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`“relating to the control or ability to control any aspect of the current proceeding[s]
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`by a party not designated as Petitioner or a real party—in—interest in the Petition[s]-”
`
`I located no agreements in the possession of nXnP, IPNav or myself that meet this
`
`definition.
`
`6.
`
`Further, my search located no agreements in the possession of nXnP,
`
`IPNav or myself “indicating that any person or party (other than Petitioner or
`
`designated real parties-in-interest) provided direction to, or had the authority to
`
`provide direction to, Petitioner or its counsel in relation to th[ese] proceeding[s].”
`
`7.
`
`The fact that my search did not locate documents responsive to the
`
`Board’s Order comports with CFAD’s identification of the real parties—in—interest
`
`in its Petitions. As stated in the Petitions, only CFAD, Hayman Capital
`
`Management, L.P., J Kyle Bass, nXnP and I have “authority to direct or control (i)
`
`the timing of, filing of, content of, or any decisions or other activities relating to
`
`this Petition or (ii) any timing, future filings, content of, or any decisions or other
`
`activities relating to the future proceedings related to th[ese] Petition[s]-”
`
`IPR2015—00990, Paper 1 at pp. 4-5; IPR2015—0l093, Paper 1 at p. 4. There is no
`
`person or party who reviewed, or was given the opportunity to review, papers filed
`
`in these proceedings, who provided direction to, or had the authority to provide
`
`direction to, Petitioner or its counsel (other than Petitioner or designated real
`
`parties-in-interest, or their employees and counsel).
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`Page 4
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`Page 4
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`
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`8.
`
`Moreover, the counsel who file the papers in these proceedings on
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`behalf of CFAD are given instructions only by CFAD, Hayman Capital
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`Management, L.P. (or its employees), J Kyle Bass, nXnP (or its employees) or
`
`myself.
`
`Date: Julyl6, 2015
`
`I’
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`Erich/Spangenberg i
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`Page 5
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`Page 5
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