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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`PAR PHARMACEUTICAL, INC.,
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`Petitioner,
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`v.
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`NOVARTIS AG,
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`Patent Owner.
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`Case IPR2016-00084
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`Patent No. 5,665,772
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`DECLARATION IN SUPPORT OF PATENT OWNER NOVARTIS’S
`MOTION FOR PRO HAC VICE ADMISSION OF SUSANNE L. FLANDERS
`UNDER 37 C.F.R. § 42.10
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`NOVARTIS EXHIBIT 2188
`Par v Novartis, IPR 2016-00084
`Page 1 of 4
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`1.
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`I, Susanne L. Flanders, am more than twenty-one years of age, am
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`competent to present this declaration, and have personal knowledge of the facts
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`set forth herein.
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`2.
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`This declaration is given in support of Patent Owner Novartis’s
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`Motion for Pro Hac Vice Admission.
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`3.
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`I am an associate at the law firm of Fitzpatrick, Cella, Harper &
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`Scinto, in the firm’s New York office.
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`4.
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`I have been a patent litigation attorney for more than eight years. I
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`have been litigating patent cases for this entire time period and have been
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`involved in numerous cases involving patent validity and infringement, at both
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`the District Court and the Federal Circuit. A significant portion of my work has
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`involved biological and chemical arts, with particular emphasis on
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`pharmaceuticals. I am, therefore, an experienced litigating attorney.
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`5.
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`I am a member in good standing of the State Bars of New York and
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`New Jersey. I have never been suspended or disbarred from practice before any
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`court or administrative body.
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`6.
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`No court or administrative body has ever denied my application for
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`admission to practice before it.
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`NOVARTIS EXHIBIT 2188
`Par v Novartis, IPR 2016-00084
`Page 2 of 4
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`7.
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`No court or administrative body has ever imposed sanctions or
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`contempt citations on me.
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`8.
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`I have read and will comply with the Office Patent Trial Practice
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`Guide and the Board’s Rules of Practice for Trials set forth in part 42 of 37
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`C.F.R.
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`9.
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`I understand that I will be subject to the Office’s Rules of
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`Professional Conduct set forth in 37 C.F.R. §§ 11.101 et seq. and disciplinary
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`jurisdiction under 37 C.F.R. § 11.19(a).
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`10.
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`I have not applied to appear pro hac vice in another proceeding
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`before the Office in the last three (3) years.
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`11.
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`I have an established familiarity with the subject matter at issue in
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`this proceeding. I have been involved consistently and substantively in the
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`instant matter and District Court litigation involving the same patent for over a
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`year. I have read in detail and understand the Petition filed by Petitioner and the
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`challenged patent, U.S. Patent 5,665,772 (“the ’772 patent”). I have also
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`reviewed all the exhibits relied upon by Petitioner and Patent Owner in this
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`proceeding, including each of the references cited in instituted Grounds 1 and 2.
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`NOVARTIS EXHIBIT 2188
`Par v Novartis, IPR 2016-00084
`Page 3 of 4
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`12.
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`I have engaged in extensive strategic and substantive discussions
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`regarding this proceeding with Nicholas N. Kallas, who is the lead counsel for
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`Patent Owner in this proceeding and a registered practitioner (Reg. No. 31,530).
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`I have also engaged in extensive substantive discussions with experts
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`concerning issues relevant to this proceeding.
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`13.
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`Therefore, I have an established familiarity with the subject matter
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`at issue in this proceeding.
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`14.
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`I declare further that all statements made herein of my own
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`knowledge are true and that all statements made on information and belief are
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`believed to be true and further that these statements were made with the
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`knowledge that willful false statements and the like so made are punishable by
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`fine or imprisonment, or both, under Section 1001 of Title 18 of the United
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`States Code, and that such willful false statements may jeopardize the validity
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`ofthe ’772 patent.
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`Dated: October, 18, 2016
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`._ usanne L. Flanders
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`NOVARTIS EXHIBIT 2188
`Par v Novartis, IPR 2016-00084
`Page 4 of4