UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`TEVA PHARMACEUTICALS USA INC.
`Petitioner
`v.
`MONOSOL RX, LLC,
`Patent Owner
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`
`
`IPR2016-00281
`Patent 8,603,514 B2
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`IPR2016-00282
`Patent 8,017,150 B21
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`
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`DECLARATION OF LINDA ROGERS IN SUPPORT OF
`PETITIONER’S MOTION TO CORRECT FILING DATE
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`1 Petitioner attests that the word-for-word identical paper is filed in each proceeding
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`identified in the heading.
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`
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`IPR2016-00281 Exhibit 1042
`IPR2016-00282 Exhibit 1051
`Teva Pharmaceuticals USA, Inc. v. Monosol RX, LLC
`Page | 1
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`TEVA PHARMACEUTICALS USA INC.
`Petitioner
`v.
`MONOSOL RX, LLC,
`Patent Owner
`
`
`
`
`
`IPR2016-00281
`Patent 8,603,514 B2
`
`IPR2016-00282
`Patent 8,017,150 B21
`
`
`
`
`DECLARATION OF LINDA ROGERS IN SUPPORT OF
`PETITIONER’S MOTION TO CORRECT FILING DATE
`
`
`
`
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`1 Petitioner attests that the word-for-word identical paper is filed in each proceeding
`
`identified in the heading.
`
`
`
`IPR2016-00281 Exhibit 1042
`IPR2016-00282 Exhibit 1051
`Teva Pharmaceuticals USA, Inc. v. Monosol RX, LLC
`Page | 1
`
`
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`
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`I, Linda Rogers, hereby declare:
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`1.
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`I am legal assistant at the law firm of Goodwin Procter LLP, counsel
`
`of record for Petitioner Teva Pharmaceuticals USA Inc. I make this Declaration in
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`support of Petitioner’s Motion to Correct the Filing Date of IPR2016-00281 and
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`IPR2016-00282 from December 4, 2015 to December 3, 2015. This Declaration is
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`based on my own personal knowledge and, if called as a witness, I could and
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`would testify competently to the facts in this Declaration.
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`2.
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`As laid out below, on the evening of December 3, 2015, Petitioner’s
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`counsel filed three IPR petitions concerning U.S. Patent Nos. 8,475,832,
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`8,603,514, and 8,017,150, which will be referred to herein as the “’280 petition,”
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`“’281 petition,” and “’282 petition.”
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`3.
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`During the course of the evening, we experienced technical
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`difficulties using the USPTO’s Patent Trial and Appeal Board Patent Review
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`Processing System (“PRPS”) that prevented us from submitting the petitions in
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`these proceedings by midnight EST.
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`4.
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`I began filing the ’280 petition and related documents at
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`approximately 9:45pm EST on December 3rd. The process involves: (1) logging
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`into PRPS under an authorized account (in this case, the account of Elizabeth
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`Holland, who is lead counsel in these proceedings); (2) filling out forms
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`requesting bibliographic information about the case, the patent at issue, and the
`IPR2016-00281 Exhibit 1042
`IPR2016-00282 Exhibit 1051
`Teva Pharmaceuticals USA, Inc. v. Monosol RX, LLC
`Page | 2
`
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`attorneys of record; (3) providing payment information (e.g., credit card and/or
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`deposit account information); and (4) uploading the petition and related
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`documents to the PRPS server.
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`5.
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`During the process of uploading documents filed in connection with
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`the ’280 petition to the PRPS server, I observed that PRPS was functioning highly
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`unusually. In particular, PRPS repeatedly froze during the ’280 petition upload
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`process.
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`6.
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`For example, when I selected certain exhibits for upload, the browser
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`would show a spinning circle. This circle usually appears only for a few seconds
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`while the selected document is uploading. On December 3rd, however, the circle
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`appeared for much longer than usual in connection with several exhibits. When
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`this happened, the circle would stop spinning after several seconds to several
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`minutes, and the PRPS system stopped functioning altogether.
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`7. When this occurred, I was unable to take any action whatsoever
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`(including actions such as selecting another option on PRPS, closing the browser
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`window or opening new windows). The computer itself and other programs,
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`however, remained functional. (That evening, I was using a reliable computer
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`that was connected to the Internet via high-speed connections. I accessed the
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`PRPS system via Internet Explorer.)
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`8.
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` When PRPS malfunctions in this way, the only way to re-start the
`IPR2016-00281 Exhibit 1042
`IPR2016-00282 Exhibit 1051
`Teva Pharmaceuticals USA, Inc. v. Monosol RX, LLC
`Page | 3
`
`
`
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`
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`PRPS session that I am aware of is to force-close the Internet Explorer browser
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`(i.e., selecting CTRL-ALT-DEL and shutting down the browser through the task
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`menu), re-open the browser, re-login to PRPS, and attempt to resume the filing.
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`This PRPS “rebooting” process took several minutes each time.
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`9. When this happened on the night of December 3rd, I repeatedly
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`engaged in the force-close process. Once logged back into the PRPS system,
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`though, the session was administratively “locked” from access. In other words,
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`when the PRPS session was re-started, the screen displayed a large graphic of a
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`“padlock” and an error message that prevented any further work on the filing.
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`Ultimately, a menu option to “unlock” the session was located to resume filing,
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`but this additional step of “unlocking” the locked filing session further added
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`additional time to the overall filing.
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`10. Once unlocked, the filing was able to be resumed, but the document
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`associated with the attempted upload was gone. I was required to re-trace all of
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`the uploading steps for each document for which the error occurred.
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`11. This “freezing”, re-starting, locking, and unlocking of PRPS on
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`several occasions added a significant amount of time to each filing. The total
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`time to complete the ’280 petition filing took nearly an hour and a half, almost an
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`hour and ten minutes longer than usual.
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`12.
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`I have previously completed PRPS filings using the same computer
`IPR2016-00281 Exhibit 1042
`IPR2016-00282 Exhibit 1051
`Teva Pharmaceuticals USA, Inc. v. Monosol RX, LLC
`Page | 4
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`running the same Internet Explorer browser without these difficulties. In fact, in
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`the past, similar documents were uploaded from my computer using the same
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`Internet browser and connected through the same system to PRPS in a matter of
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`seconds.
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`13.
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`In my experience, a complete filing with a similar number of exhibits
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`to that of the ’280 and ’282 petitions typically takes 20 minutes or less each. In
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`all, the total time to upload the complete set of documents in the proceedings took
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`hours—significantly longer than expected and experienced in other, similar PRPS
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`filings.
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`14.
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`I believe that the repeated crashes and restarts were caused by the
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`PRPS system.
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`15.
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`I ultimately uploaded the complete set of ’280 petition-related
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`documents and paid the required fee before midnight on December 3rd using a
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`firm American Express card. PRPS generated a notice of the successful filing at
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`approximately 11:11PM, and I was instructed by Ms. Yost to immediately begin
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`the filing what would become the ’282 petition.
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`16.
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`I experienced the same problems with the PRPS system when
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`attempting to file the documents associated with the ’282 petition. The system
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`crashed on several occasions.
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`17. Ultimately, I believe the petition and exhibits associated with the
`IPR2016-00281 Exhibit 1042
`IPR2016-00282 Exhibit 1051
`Teva Pharmaceuticals USA, Inc. v. Monosol RX, LLC
`Page | 5
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`
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`’282 proceeding were uploaded to the PRPS server prior to midnight EST.
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`18.
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`I also attempted to submit payment for the ’282 proceeding prior to
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`midnight, which, in the PRPS system, must be entered, submitted and actually
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`“clear” before users are provided the opportunity to click “submit” and complete
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`the overall filing. Prior to midnight, I submitted payment for the ’282 petition via
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`a deposit account, which was declined. I thereafter attempted to use several
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`different firm American Express credit cards and deposit accounts to submit
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`payment. At the time I was inputting these different payment methods, I did not
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`know the reasons why the payments were declined. Eventually, payment was
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`successful using a different deposit account, and a payment acknowledgment was
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`received at 12:04 AM EST. I then completed the forms regarding counsel and
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`power of attorney information and clicked “submit.” The entire filing was
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`confirmed at 12:09 AM EST.
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`19.
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`I hereby declare that all statements made herein of my own knowledge
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`are true and that all statements made on information and belief are believed to be
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`true, and further that these statements were made with the knowledge that willful
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`false statements and the like so made are punishable by fine or imprisonment, or
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`both, under Section 1001 of Title 18 of the United States Code.
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`Dated: February 29,2016
`
`_"""
`
`Linda Rogers
`IPR2016—OO281 Exhibit 1042
`
`IPR2016—O0282 Exhibit 1051
`
`Teva Pharmaceuticals USA, Inc. v. Monosol RX, LLC
`Page | 6
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