`
`v.
`
`ACCORD HEALTHCARE INC., ET AL.
`
`DeForest McDuff, Ph.D.
`Commercial Success
`
`Direct Examination
`
`DDX-400
`
`ARGENTUM Exhibit 1171
`Argentum Pharmaceuticals LLC v. Research Corporation Technologies, inc.
`IPR2016-00204
`
`Page 00001
`
`
`
`License Offers
`
`11 Offers
`
`8 Offers
`
`7 Offers
`
`4 Offers
`
`1 Offer
`
`17 Offers
`
`DTX-2310, RCT/Eli Lilly
`License
`
`1985
`
`1986
`
`1987
`
`1988
`
`1989
`
`1990
`
`1991
`
`1992
`
`1993
`
`1994
`
`1995
`
`1996
`
`1997
`
`1998
`
`1999
`
`DDX-404
`
`Page 00002
`
`
`
`Lack of Commercial Interest
`
`Pre-Eli Lilly License
`
`Post-Eli Lilly License
`
`JTX-134, The Squibb Inst. for Medical Research, May 1985
`
`JTX-128, McNeil Pharmaceutical, June 1992
`
`JTX-134 (RCT_VIM 0009731)
`
`PTX-252, Boehringer Ingelheim Ltd., May 1985
`
`JTX-128 (RCT_VIM 0009608)
`
`PTX-252 (RCT_VIM 0009728)
`
`PTX-255, Norwich Eaton Pharmaceuticals, Inc., Aug. 1985
`
`Post-’551 Patent Filing
`
`JTX-143, Merck, January 1998
`
`PTX-255 (RCT_VIM 0009717)
`
`JTX-132, Organon Inc., October 1985
`
`JTX-143 (HAR_VIM 0054314)
`
`JTX-132 (RCT_VIM 0009684)
`
`JTX-130, Alza Corp., November 1985
`
`JTX-119, Pfizer, August 1998
`
`JTX-130 (RCT_VIM 0009680)
`
`JTX-119 (HAR_VIM 0054334)
`
`DDX-405
`
`Page 00003
`
`
`
`Development Disincentives
`
`Feb. 1985
`Patent priority
`
`Feb. 1985
`Patent priority
`
`11 Offers
`
` DTX-2012, ’729 Patent
`
` DTX-2016, ’301 Patent
`
`Jan. 1995
`Patent issuance
`
`Aug. 1997
`Patent issuance
`
`DTX-2310, RCT/Eli Lilly License
`
`8 Offers
`
`1 Offer
`
`July 1986
`Option agreement
`
`June 1989
`Exclusive license
`agreement
`
`Nov. 1991
`Agreement
`terminated
`
`March 1996
`’551 patent priority
`
`1985
`
`1986
`
`1987
`
`1988
`
`1989
`
`1990
`
`1991
`
`1992
`
`1993
`
`1994
`
`1995
`
`1996
`
`1997
`
`JTX-1, U.S. Patent No. RE38,551.
`
`DDX-408
`
`Page 00004
`
`
`
`Expected Patent Rights
`
`JTX-133, Correspondence between Norwich Eaton Pharmaceuticals,
`Inc. to Research Corp. re “Project No. 069-1397,” 8/9/1985.
`
`JTX-133 at 2 (RCT_VIM 0009692)
`
`DDX-409
`
`Page 00005
`
`
`
`Summary of Findings
`
` Lack of material economic incentives
`
`• Economic skepticism
`
`• Development disincentives
`
`
` Vimpat has not been a commercial success
`
` No demonstrated nexus to the ’551 patent
`
`DDX-410
`
`Page 00006
`
`
`
`UCB’s Unique Interest
`
` UCB’s focus on being the “epilepsy company”
`
`DTX-2406
`
`DTX-2406 at 1 (DEF_0012967).
`
`
`
` UCB’s optimistic projections
`
`DTX-2003; DTX-2315; DTX-2406
`
`DDX-413
`
`Page 00007
`
`
`
`Low Market Share: Epilepsy
`
`Lacosamide:
`10th ranked compound
`with market share < 3%
`
`25
`
`20
`
`15
`
`10
`
`5
`
`0
`
`Millions of Total Prescriptions (2012–Feb. 2015)
`
`DTX-2194, at Attachment E-8.
`
`Compound
`
`DDX-414
`
`Page 00008
`
`
`
`Low Market Share: All Uses
`
`Lacosamide:
`10th ranked compound
`with market share < 1%
`
`200
`
`180
`
`160
`
`140
`
`120
`
`100
`
`80
`
`60
`
`40
`
`20
`
`0
`
`Millions of Total Prescriptions (2012–Feb. 2015)
`
`DTX-2194, at Attachment E-9.
`
`Compound
`
`DDX-415
`
`Page 00009
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