`
`____________
`
`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 MATTHEW HU 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. 2161
`CFAD v. NPS
`IPR2015-01093
`
`1
`
`
`
`I, Matthew Hu, hereby declare:
`
`1.
`
`I am a paralegal at the law firm of Troutman Sanders LLP, 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.
`
`I was instructed by Dustin Weeks – attorney of record for NPS – to
`
`begin filing NPS’s Response, NPS’s Combined Motion to Seal and Motion for
`
`Entry of Protective Order, and associated exhibits for IPR2015-00990 and
`
`IPR2015-01093 at approximately 11:30 p.m. on January 20, 2016.
`
`3.
`
`Due to the large number of exhibits that had to be filed, I informed
`
`Mr. Weeks that I did not believe the filing would be completed prior to 12:00 a.m.
`
`on January 21, 2016 (“the filing deadline”).
`
`4.
`
`Mr. Weeks then instructed me, first, to file (1) the Response (Paper
`
`33), (2) redacted and unredacted versions of the expert declarations in support of
`
`the Response – Ex. 2040 and 2041 (unredacted) and Ex. 2148 and 2149 (redacted),
`
`(3) Ex. 2056 and 2075 in support of the Response, which contain confidential
`
`protective order material filed under seal, (4) Patent Owner’s Combined Motion to
`
`File Under Seal and for Entry of Protective Order (Paper 34), and (5) the Protective
`
`2
`
`
`
`Order associated with the motion in IPR2015-00990 to ensure that these
`
`documents were filed prior to the filing deadline.
`
`5.
`
`I filed each of the documents referenced in ¶ 4 prior to the filing
`
`deadline.
`
`6.
`
`Mr. Weeks then instructed me to file the documents corresponding to
`
`those identified above in ¶ 4 for related IPR2015-01093 to ensure that these
`
`documents were filed prior to the filing deadline. For IPR2015-01093, these
`
`documents included Paper 31 (Response), Paper 32 (Motion), Exhibits 2041 and
`
`2051 (unredacted declarations), Exhibits 2056 and 2075 (confidential exhibits),
`
`and Exhibits 2148 and 2149 (redacted declarations).
`
`7.
`
`In IPR2015-01093, each of the documents identified in ¶ 6 were filed
`
`prior to the filing deadline, with the exception of the redacted expert declarations
`
`(Ex. 2148 and 2149), which were filed at 12:02 a.m. on January 21, 2016.
`
`8.
`
`Mr. Weeks then instructed me to begin filing Exhibits 2042-2055,
`
`2057-2074, and 2076-2147 in IPR2015-00990 and IPR2015-01093.
`
`9.
`
`I began filing Exhibits 2042-2055, 2057-2074, and 2076-2147 in
`
`IPR2015-00990, but encountered difficulties with size limits of some of the files
`
`requiring me to break several of the exhibits down into multiple documents to be
`
`uploaded.
`
`10.
`
`I completed the filing of Exhibits 2042-2055, 2057-2074, and 2076-
`
`3
`
`
`
`2147 in IPR2015-00990 – after taking almost 2.5 hours to upload all documents –
`
`at 2:25 a.m.
`
`11.
`
`I immediately then began filing Exhibits 2042-2055, 2057-2074, and
`
`2076-2147 in IPR2015-01093.
`
`12.
`
`I completed the filing of Exhibits 2042-2055, 2057-2074, and 2076-
`
`2147 in IPR2015-01093 at approximately 3:50 a.m.
`
`13. On January 21, 2016, I sent an email to counsel of record for
`
`Petitioner with a Dropbox link, which provided Petitioner’s counsel with access to
`
`all documents filed in IPR2015-00990 and IPR2015-01093.
`
`14. On January 21, 2016, I mailed hard copies of all documents filed by
`
`NPS in IPR2015-00990 and IPR2015-01093 to Petitioner via overnight delivery.
`
`15.
`
`I declare under penalty of perjury that the statements made herein are
`
`true and correct.
`
`Dated: January 29, 2016
`
`Respectfully submitted,
`
`/Matthew Hu/
`Matthew Hu
`
`4
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
