`___________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________
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`
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`COALITION FOR AFFORDABLE DRUGS V LLC;
`HAYMAN CREDES MASTER FUND, L.P.;
`HAYMAN ORANGE FUND SPC – PORTFOLIO A;
`HAYMAN CAPITAL MASTER FUND, L.P.;
`HAYMAN CAPITAL MANAGEMENT, L.P.;
`HAYMAN OFFSHORE MANAGEMENT, INC.;
`HAYMAN INVESTMENTS, LLC;
`NXN PARTNERS, LLC;
`IP NAVIGATION GROUP, LLC;
`J KYLE BASS, and ERICH SPANGENBERG,
`Petitioner,
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`v.
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`BIOGEN MA INC.,
`Patent Owner.
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`____________________________________________
`
`Case: IPR2015-01993
`U.S. Patent No. 8,399,514
`____________________________________________
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`DECLARATION OF JOSE R. MIRANDA, PH.D.
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`Page 1 of 6
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`Biogen Exhibit 2040
`Coalition v. Biogen
`IPR2015-01993
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`Case No. IPR2015-01993
`Patent 8,399,514
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`TABLE OF CONTENTS
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`I.
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`Introduction ...................................................................................................... 1
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`II.
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`Employment Agreements ................................................................................ 2
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`Page 2 of 6
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`Case No. IPR2015-01993
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`I, José R. Miranda, declare as follows:
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`I.
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`Introduction
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`1.
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`I am employed by Biogen MA Inc. (“Biogen”) as a People Services
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`Lead in Biogen’s Human Resources Department. I have held this title since July
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`2015. In this position, I implement projects around the globe, including change
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`management. For example, I assist with and oversee execution of an HR service
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`delivery model, including the initiation and use of new technology.
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`2.
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`I joined Biogen in August 2013 as Human Resources Director for
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`Japan, Australia, and Emerging Markets. In that role, I was the human resources
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`business leader for emerging markets, where I translated business strategies into
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`human resources projects and initiatives for those markets.
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`3.
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`Before joining Biogen, I was the worldwide Human Resources
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`Director, Corporate at Becton Dickinson. There, I was a Global HR Business
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`Partner for Quality, Regulatory Affairs/Compliance, Manufacturing, Procurement,
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`Supply Chain, Sustainability and EH&S, Shared Services, Enterprise Program
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`Management, Social Investing, Medical Affairs, Health Economics, IT, Corporate
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`Communications, Public Relations, Public Affairs and Government Relations
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`organizations.
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`I also held several HR positions for almost ten years in multiple
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`4.
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`divisions of Johnson & Johnson, including Ortho McNeil Neurologics, Centocor,
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`Ortho Biologics, Ortho McNeil Pharmaceuticals and Ethicon. I also worked for
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`Motorola, where I was responsible for employee relations in one of their
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`manufacturing sites in Puerto Rico. I have over twenty years of experience in
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`human resources. A copy of my curriculum vitae is included as Exhibit 2041.
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`5.
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`I have a Bachelor of Arts degree in social science from University of
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`Puerto Rico. I earned a master’s degree and Ph.D. in Industrial and Organization
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`Psychology from the Caribbean Center for Advanced Studies.
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`6.
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`I provide this declaration in connection with Patent Owner Biogen
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`MA Inc.’s Opposition to the Petition in the above-captioned proceeding.
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`7.
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`All facts in this declaration are based on my personal knowledge
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`unless otherwise indicated.
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`II. Employment Agreements
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`8.
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`In my current position at Biogen, I am overseeing the current
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`digitalization of Biogen’s employee records, including employment agreements.
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`As such, I have direct access to those records kept in the ordinary course of
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`Biogen’s business and maintained in its Shared Services Group.
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`Exhibit 2029 is a true and correct copy of the Employee’s Proprietary
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`9.
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`Information and Inventions Agreement between Gilmore O’Neill and Biogen, Inc.,
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`which was executed on April 28, 2003.
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`10. Exhibit 2030 is a true and correct copy of the Employee Proprietary
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`Information and Inventions and Dispute Resolution Agreement between Gilmore
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`O’Neill and Biogen Idec Inc., which was executed on March 29, 2004. Biogen,
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`Inc. merged with Idec Pharmaceuticals Corp. on November 13, 2003, and Biogen,
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`Inc. became a subsidiary of
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`Idec Pharmaceuticals Corp. When
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`Idec
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`Pharmaceuticals Corp. became Biogen Idec Inc. on March 17, 2004, Dr. O’Neill
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`executed his second Employment Agreement to reflect the merger and name
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`change. This 2004 employment agreement superseded the 2003 employment
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`agreement. (Id. ¶ 23.)
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`11. Exhibit 2032 is a true and correct copy of the Employee Proprietary
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`Information and Inventions and Dispute Resolution Agreement between Matvey
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`Lukashev and Biogen Idec Inc., which was executed on April 13, 2004.
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`12. These Employment Agreements were executed on the dates indicated
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`above.
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`3
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`Patent 8,399,514
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`13.
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`Employment agreements, including Dr. O’Neill’s and Dr. Lukashev’s
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`identified above, are kept in the course of a regularly conducted business activity at
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`Biogen, namely employee hiring.
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`14.
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`I declare that all statements made herein of my knowledge are true,
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`and that all statements made on infonnation and belief are believed to be true, and
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`that these statements were made with the knowledge that willful false statements
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`and the like so made are punishable by fine or imprisonment, or both, under
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`Section 1001 of Title 18 of the United States Code.
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`Dated£4\.n JAL '<%l C;
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`osé R. Miranda, Ph.D.
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`Page 6 of 6