`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`COALITION FOR AFFORDABLE DRUGS II LLC
`Petitioner
`
`v.
`
`NPS PHARMACEUTICALS, INC.
`Patent Owner
`____________
`
`Case IPR2015-01093
`Patent 7,056,886
`
`____________
`
`DECLARATION OF JOSEPH R. ROBINSON IN SUPPORT OF PATENT
`OWNER’S MOTION TO DEEM THE FILING OF PATENT OWNER’S
`EXHIBITS 2042-2055, 2057-2074, & 2076-2149 AS TIMELY
`
`NPS Ex. 2160
`CFAD v. NPS
`IPR2015-01093
`
`1
`
`
`
`I, Joseph R. Robinson, hereby declare:
`
`1.
`
`I am an attorney at the law firm of Troutman Sanders LLP and am
`
`lead counsel of record for Patent Owner NPS Pharmaceuticals, Inc. (“NPS”). I
`
`make this Declaration in support of Patent Owner’s Motion to Deem the Filing of
`
`Patent Owner’s Exhibits 2042-2055, 2057-2074, & 2076-2149 as Timely in
`
`IPR2015-00990 and IPR2015-01093 based on my own personal knowledge and, if
`
`called as a witness, I could and would testify competently to the facts in this
`
`Declaration.
`
`2.
`
`On January 21, 2016, I had a telephone conversation with Matthew
`
`Fedowitz – counsel of record for Petitioner – to discuss NPS’s intent to file a
`
`motion to deem certain exhibits as filed timely and to determine whether Petitioner
`
`would oppose such a motion.
`
`3.
`
`During our conversation, Mr. Fedowitz agreed that Petitioner would
`
`not oppose this motion so long NPS provided Petitioner’s counsel with electronic
`
`and hard copies of all filings by January 22, 2016.
`
`4.
`
`During our conversation, I also informed Mr. Fedowitz that if
`
`Petitioner perceived any prejudice by the late filing, NPS would agree to an
`
`equivalent extension for Petitioner’s Reply.
`
`5.
`
`Mr. Fedowitz responded that such an extension might be requested in
`
`the future because Petitioner’s Reply is due the Monday after The 94th Annual
`
`2
`
`
`
`Dinner in Honor of the Federal Judiciary on Friday, April 1, 2016, at the Waldorf
`
`Astoria New York Hotel, which will be likely attended by many members of the
`
`judiciary (including member of the Board) and possibly Petitioner’s counsel.
`
`6.
`
`On January 21, 2016, I instructed Matthew Hu – a paralegal at
`
`Troutman Sanders LLP – to send electronic copies, via email, and hard copies, via
`
`overnight mail delivery, of all documents filed in IPR2015-00990 and IPR2015-
`
`01093 to counsel of record for Petitioner.
`
`7.
`
`I declare under penalty of perjury that the statements made herein are
`
`true and correct.
`
`Dated: January 29, 2016
`
`Respectfully submitted,
`
`/Joseph R. Robinson/
`Joseph R. Robinson
`
`3
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