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UNITED STATES PATENT AND TRADEMARK OFFICE
`___________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________
`
`
`
`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,
`
`v.
`
`BIOGEN MA INC.,
`Patent Owner.
`
`____________________________________________
`
`Case: IPR2015-01993
`U.S. Patent No. 8,399,514
`____________________________________________
`
`DECLARATION OF JOSE R. MIRANDA, PH.D.
`
`
`
`
`
`
`
`Page 1 of 6
`
`Biogen Exhibit 2040
`Coalition v. Biogen
`IPR2015-01993
`
`

`
`Case No. IPR2015-01993
`Patent 8,399,514
`
`
`TABLE OF CONTENTS
`
`I.
`
`Introduction ...................................................................................................... 1
`
`II.
`
`Employment Agreements ................................................................................ 2
`
`
`
`i
`
`
`Page 2 of 6
`
`

`
`Case No. IPR2015-01993
`Patent 8,399,514
`
`
`
`
`I, José R. Miranda, declare as follows:
`
`I.
`
`Introduction
`
`1.
`
`I am employed by Biogen MA Inc. (“Biogen”) as a People Services
`
`Lead in Biogen’s Human Resources Department. I have held this title since July
`
`2015. In this position, I implement projects around the globe, including change
`
`management. For example, I assist with and oversee execution of an HR service
`
`delivery model, including the initiation and use of new technology.
`
`2.
`
`I joined Biogen in August 2013 as Human Resources Director for
`
`Japan, Australia, and Emerging Markets. In that role, I was the human resources
`
`business leader for emerging markets, where I translated business strategies into
`
`human resources projects and initiatives for those markets.
`
`3.
`
`Before joining Biogen, I was the worldwide Human Resources
`
`Director, Corporate at Becton Dickinson. There, I was a Global HR Business
`
`Partner for Quality, Regulatory Affairs/Compliance, Manufacturing, Procurement,
`
`Supply Chain, Sustainability and EH&S, Shared Services, Enterprise Program
`
`Management, Social Investing, Medical Affairs, Health Economics, IT, Corporate
`
`Communications, Public Relations, Public Affairs and Government Relations
`
`organizations.
`
`1
`
`
`Page 3 of 6
`
`

`
`Case No. IPR2015-01993
`Patent 8,399,514
`
`I also held several HR positions for almost ten years in multiple
`
`4.
`
`divisions of Johnson & Johnson, including Ortho McNeil Neurologics, Centocor,
`
`Ortho Biologics, Ortho McNeil Pharmaceuticals and Ethicon. I also worked for
`
`Motorola, where I was responsible for employee relations in one of their
`
`manufacturing sites in Puerto Rico. I have over twenty years of experience in
`
`human resources. A copy of my curriculum vitae is included as Exhibit 2041.
`
`5.
`
`I have a Bachelor of Arts degree in social science from University of
`
`Puerto Rico. I earned a master’s degree and Ph.D. in Industrial and Organization
`
`Psychology from the Caribbean Center for Advanced Studies.
`
`6.
`
`I provide this declaration in connection with Patent Owner Biogen
`
`MA Inc.’s Opposition to the Petition in the above-captioned proceeding.
`
`7.
`
`All facts in this declaration are based on my personal knowledge
`
`unless otherwise indicated.
`
`II. Employment Agreements
`
`8.
`
`In my current position at Biogen, I am overseeing the current
`
`digitalization of Biogen’s employee records, including employment agreements.
`
`As such, I have direct access to those records kept in the ordinary course of
`
`Biogen’s business and maintained in its Shared Services Group.
`
`2
`
`
`Page 4 of 6
`
`

`
`Case No. IPR2015-01993
`Patent 8,399,514
`
`Exhibit 2029 is a true and correct copy of the Employee’s Proprietary
`
`9.
`
`Information and Inventions Agreement between Gilmore O’Neill and Biogen, Inc.,
`
`which was executed on April 28, 2003.
`
`10. Exhibit 2030 is a true and correct copy of the Employee Proprietary
`
`Information and Inventions and Dispute Resolution Agreement between Gilmore
`
`O’Neill and Biogen Idec Inc., which was executed on March 29, 2004. Biogen,
`
`Inc. merged with Idec Pharmaceuticals Corp. on November 13, 2003, and Biogen,
`
`Inc. became a subsidiary of
`
`Idec Pharmaceuticals Corp. When
`
`Idec
`
`Pharmaceuticals Corp. became Biogen Idec Inc. on March 17, 2004, Dr. O’Neill
`
`executed his second Employment Agreement to reflect the merger and name
`
`change. This 2004 employment agreement superseded the 2003 employment
`
`agreement. (Id. ¶ 23.)
`
`11. Exhibit 2032 is a true and correct copy of the Employee Proprietary
`
`Information and Inventions and Dispute Resolution Agreement between Matvey
`
`Lukashev and Biogen Idec Inc., which was executed on April 13, 2004.
`
`12. These Employment Agreements were executed on the dates indicated
`
`above.
`
`3
`
`
`Page 5 of 6
`
`

`
`Case No. IPR20l 5-01993
`
`Patent 8,399,514
`
`13.
`
`Employment agreements, including Dr. O’Neill’s and Dr. Lukashev’s
`
`identified above, are kept in the course of a regularly conducted business activity at
`
`Biogen, namely employee hiring.
`
`14.
`
`I declare that all statements made herein of my knowledge are true,
`
`and that all statements made on infonnation 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.
`
`Dated£4\.n JAL '<%l C;
`
`
`
`osé R. Miranda, Ph.D.
`
`Page 6 of 6

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