`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`COALITION FOR AFFORDABLE DRUGS IV LLC
`Petitioner
`V.
`PHARMACYCLICS, INC.
`Patent Owner
`
`Case No. IPR2015-01076
`Patent No. 8,754,090
`
`DECLARATION OF JEFFREY D. BLAKE
`
`Coalition for Affordable Drugs IV LLC - Exhibit 1048
`
`
`
`Case IPR2015-01076
`Patent 8, 754,090
`
`In support of the Motion to Correct Petition, I, Jeffrey D. Blake, do declare
`
`and state as follows:
`
`1.
`
`I am an attorney and partner at the law firm of Merchant & Gould, PC
`
`in the Atlanta, Georgia office.
`
`2.
`
`I have responsibility for the Inter Partes Review of U.S. Patent No.
`
`8,754,090 (IPR2015-01076) for Petitioner Coalition for Affordable Drugs IV LLC.
`
`I supervised and worked on preparation of the petition requesting Inter Partes
`
`Review of U.S. Patent No. 8,754,090 ("Petition"), as well as the supporting
`
`Exhibits submitted with it.
`
`3.
`
`In analyzing U.S. 8,754,090 ("the '090 patent") and preparing the
`
`Petition, Merchant & Gould created a folder entitled "Searches and References" in
`
`its internal document management system for saving prior art related to the '090
`
`patent. The "Searches and References" folder was created in the network directory
`
`specifically reserved for this matter, which is client matter number
`
`04852.0005USWX. All related prior art was added to this folder, including an
`
`April 13, 2009 Pharmacyclics Press Release ("April 2009 Press Release") and a
`
`December 9, 2009 Pharmacyclics Press Release ("December 2009 Press Release").
`
`4.
`
`The Petition cites, relies upon, discusses and quotes the April 2009
`
`Press Release. The Declaration of Dr. Djordje Atanackovic submitted in support of
`
`1
`
`Coalition for Affordable Drugs IV LLC - Exhibit 1048
`
`
`
`Case IPR2015-01076
`Patent 8, 754,090
`
`the Petition also cites, relies upon, discusses and quotes the April 2009 Press
`
`Release. Further, the Appendix of Exhibits submitted with the Petition identifies
`
`the April 2009 Press Release as Ex. 1004.
`
`5.
`
`During the days leading up to the filing of the Petition, Tchao Thao, a
`
`member of our Merchant & Gould team, was directed to compile electronic copies
`
`of the Exhibits to the Petition from the "Searches and References" folder created in
`
`Merchant's network directory. The electronic copies of the Exhibits to the Petition
`
`were to be labeled according to their exhibit number listed in the Appendix of
`
`Exhibits.
`
`6.
`
`Mr. Thao compiled and labeled the exhibits using the drafted
`
`Appendix of Exhibits as a guide. He accidentally pulled the December 2009 Press
`
`Release from the "Searches and References" folder and saved it as the exhibit that
`
`became Exhibit 1004 to the Petition. The April 2009 Press Release (which is very
`
`similar in layout and style to the December 2009 Press Release) should have been
`
`pulled and filed as Exhibit 1004.
`
`7.
`
`Prior to filing, I reviewed the Petition, Appendix of Exhibits and
`
`Exhibits before instructing case assistant Kristin Drieman to upload them to the
`
`Patent Review Processing System. I reviewed the file labeled "Ex. 1004-2009
`
`Press Release" to confirm that it contained what appeared to be the April 2009
`
`Press Release, but did not notice that Ex. 1004 was instead the incorrect December
`
`2
`
`Coalition for Affordable Drugs IV LLC - Exhibit 1048
`
`
`
`Case IPR2015-01076
`Patent 8, 754,090
`
`2009 Press Release. I was not aware that the incorrect December 2009 Press
`
`Release had been filed until I read Patent Owner's Preliminary Response.
`
`8.
`
`On August 10, 2015, Shane Brunner, an attorney on the Merchant &
`
`Gould team, contacted counsel for Patent Owner to advise counsel that Petitioner
`
`intended to move the Board for leave to correct Exhibit 1004 and to ask whether
`
`Patent Owner would oppose that motion. Petitioner proposed that, as part of its
`
`motion, Petitioner would be willing to allow Patent Owner additional preliminary
`
`response briefing to address the April 2009 Press Release. On August 12, 2015,
`
`counsel for Patent Owner informed us that Patent Owner would oppose a motion to
`
`correct. On August 12, 2015, I contacted the Board requesting a telephone
`
`conference to seek leave to file a motion to correct Exhibit 1004.
`
`9.
`
`I hereby declare under penalty of perjury under the laws of the United
`
`States of America that the foregoing is true and correct, and that all statements
`
`made of my own knowledge are true and that all statements made on information
`
`and belief are believed to be true. I understand that willful false statements and the
`
`like are punishable by fine or imprisonment, or both, under 18 U.S.C. §1001.
`
`Dated: August 19, 2015
`
`3
`
`Coalition for Affordable Drugs IV LLC - Exhibit 1048
`
`
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