Served on behalf of Petitioner COALITION FOR AFFORDABLE DRUGS X LLC
`
`
`By: Jeffrey D. Blake, Esq.
` MERCHANT & GOULD P.C.
`
`191 Peachtree Street N.E., Suite 4300
` Atlanta, GA 30303
`
`jblake@merchantgould.com
` Main Telephone: (404) 954-5100
` Main Facsimile: (404) 954-5099
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`___________________
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
`
`
`COALITION FOR AFFORDABLE DRUGS X LLC,
`Petitioner,
`
`v.
`
`
`ANACOR PHARMACEUTICALS, INC.,
`Patent Owner.
`___________________
`
`Case No.: 2015-01776
`Patent No.: 7,582,621
`________________________________________________________
`
`SUPPLEMENTAL DECLARATION OF S. NARASIMHA MURTHY PH.D.
`IN SUPPORT OF PETITIONER’S SUPPLEMENTAL EVIDENCE AND
`RESPONSE TO PATENT OWNER’S OBJECTIONS TO THE PETITION
`EVIDENCE PURSUANT TO 37 C.F.R. § 42.64
`
`CFAD Exhibit 1042
`
`
`
`
`
`
`
`
`By: Jeffrey D. Blake, Esq.
` MERCHANT & GOULD P.C.
`
`191 Peachtree Street N.E., Suite 4300
` Atlanta, GA 30303
`
`jblake@merchantgould.com
` Main Telephone: (404) 954-5100
` Main Facsimile: (404) 954-5099
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`___________________
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
`
`
`COALITION FOR AFFORDABLE DRUGS X LLC,
`Petitioner,
`
`v.
`
`
`ANACOR PHARMACEUTICALS, INC.,
`Patent Owner.
`___________________
`
`Case No.: 2015-01776
`Patent No.: 7,582,621
`________________________________________________________
`
`SUPPLEMENTAL DECLARATION OF S. NARASIMHA MURTHY PH.D.
`IN SUPPORT OF PETITIONER’S SUPPLEMENTAL EVIDENCE AND
`RESPONSE TO PATENT OWNER’S OBJECTIONS TO THE PETITION
`EVIDENCE PURSUANT TO 37 C.F.R. § 42.64
`
`CFAD Exhibit 1042
`
`
`
`
`
`
`
`Supplemental Declaration of S. Narasimha Murthy, Ph.D.
`Inter Partes Review of Patent No. 7,582,621
`IPR2015-01776
`
`I, S. Narasimha Murthy, Ph.D., hereby state the following:
`
`1.
`
`I am providing this supplemental declaration in support of the
`
`Petition For Inter Partes Review of Patent No. 7,582,621 and in support of the
`
`reply to Patent Owner’s Objections To Petitioner’s Evidence Under 37 C.F.R. §
`
`42.64(b)(1).
`
`2.
`
`I previously provided a declaration dated June 15, 2015, as part of the
`
`petition filed by Coalition for Affordable Drugs X LLC. My previous declaration is
`
`Ex. 1008.
`
`3.
`
`I am competent to make this declaration based upon my personal
`
`knowledge and technical expertise, which I addressed in my first declaration, dated
`
`June 15, 2015.
`
`4.
`
`I understand that Patent Owner has raised evidentiary objections to
`
`Exhibit 1024 (BioborJF® Specification Sheet) and Exhibit 1025 (BioborJF®
`
`MSDS). I have previously considered these exhibits in preparation of my previous
`
`declaration. (Ex. 1008.)
`
`5.
`
`It is my understanding that the Petitioner is submitting supplemental
`
`exhibits as part of its response to Patent Owner’s objections to Exhibit 1024 and
`
`Exhibit 1025.
`
`6.
`
`It is my understanding the new exhibits are Exhibit 1037 and Exhibit
`
`
`
`2
`
`
`
`Supplemental Declaration of S. Narasimha Murthy, Ph_D_
`Inter Partes Review of Patent No. 7,582,621
`IPR2015—0l776
`
`1038. It is my understanding the Petitioner is serving Exhibit 1037 in response to
`
`Patent Owner’s objections to Exhibit 1024 and serving Exhibit 1038 in response to
`
`Patent Owner’s objections to Exhibit 1025.
`
`7.
`
`All the exhibits I have considered and relied on in this proceeding
`
`(including the supplemental exhibits) are the kinds of documents I typically rely on
`
`when fomiing opinions, such as the opinions I offer in this proceeding.
`
`8.
`
`I have considered Exhibit 1037 and Exhibit 1038.
`
`EXHIBIT
`
`DESCRIPTION
`
`FILED
`
`Biobor, R.E.D. Facts, EPA—738—R—93—004 (June 1993),
`http://nepis_epa_gov/Exe/ZyPDF.cgi?Dockey=200009P5.P
`DF
`
`BioborJF®
`
`Excerpts From The Certified Prosecution History For U.S.
`Patent No- 6,878,365, Including The MSDS Sheet For
`
`9.
`
`It is my understanding that Exhibit 1037 is a report from the United
`
`States Environmental Protection Agency concerning Biobor and entitled R.E.D.
`
`Facts. Like Ex. 1024, Ex. 1037 discloses that Biobor is a fungicide used in the fuel
`
`tanks and fuel lines of vehicles to prevent the growth of microbial organisms and
`
`that Biobor was initially registered in the United States in 1965.
`
`10. My consideration of Exhibit 1037 does not change my opinions set
`
`forth in my previous declaration (Ex. 1008).
`
`
`
`Supplemental Declaration of S. Narasimha Murthy, Ph.D.
`Inter Partes Review of Patent No. 7,582,621
`IPR2015-01776
`
`
`11.
`
`It is my understanding that Exhibit 1038 is the BioborJF® MSDS
`
`from the certified prosecution history of U.S. Patent No. 6,878,365 to Brehove.
`
`Exhibit 1038 appears to be the same MSDS sheet that I previously considered as
`
`Exhibit 1025 but with an earlier publication date.
`
`12. My consideration of Exhibit 1038 does not change my opinions set
`
`forth in my previous declaration (Ex. 1008).
`
`13.
`
`In signing this Declaration, I understand that it will be filed as
`
`evidence in a contested case before the Patent Trial and Appeal Board of the
`
`USPTO. I acknowledge that I may be subject to cross-examination in the case and
`
`that cross-examination will take place within the United States. If cross-
`
`examination is required of me, I will appear for cross-examination within the
`
`United States during the time allotted for cross-examination.
`
`14.
`
` I hereby declare that all statements made herein of my own
`
`knowledge are true and that all statements made on information and belief are
`
`believed to be true; and that these statements were made with the knowledge that
`
`willful false statements and the like so made are punishable by fine or
`
`imprisonment, or both, under Section 1001 of Title 18 of the United States Code.
`
`
`
`
`
`
`
`4
`
`
`
`Supplemental Declaration of S. Narasimha Murthy, Ph.D.
`Inter Partes Review of Patent No. 7,582,621
`IPR2015-01776
`
`Dated:
`
`April_5_, 2016
`
`
`
`
`
`________________________
`S. Narasimha Murthy, Ph.D.
`
`
`
`
`5
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
