`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`TEVA PHARMACEUTICALS USA INC.
`
`Petitioner
`
`V.
`
`MONOSOL RX, LLC,
`
`Patent Owner
`
`1PR20 l6~00281
`
`Patent 8,603,514 B2
`
`lPR2016—00282
`Patent 8,01 7,150 B2‘
`
`DECLARATION OF ELEANOR YOST IN SUPPORT OF
`
`PETITIONER’S REPLY
`
`1 Petitioner attests that the wm*d~f0r-word identical paper is filed in each proceeding
`
`identified in the heading.
`
`IPR2016—0028] Exhibit 1058
`
`lPR2016-00282 Exhibit 1067
`
`Teva Pharmaceuticals USA, Inc. V. Monosol RX, LLC
`Pagel 1
`
`
`
`I, Eleanor Yost, hereby declare:
`
`1.
`
`This Declaration is based on my own personal knowledge and, if
`
`called as a witness, I could and would testify competently to the facts in this
`
`Declaration.
`
`2.
`
`In its opposition to Petitioner’s Motion to Correct the Filing Date,
`
`Patent Owner asserts that my e-mail to the Board at 12:30AM on Dec. 4th
`
`intentionally misrepresented to the Board that the documents were already served
`
`on Patent Owner prior to that e-mail in an alleged effort to mislead the Board and
`
`secure an earlier filing date.
`
`I made no such intentional misrepresentation.
`
`3.
`
`As set forth in my declaration in support of Petitioner’s Motion,
`
`during the course of the evening, we experienced severe technical difficulties with
`
`the USPTO’s PRPS system that prevented us from submitting the petitions in
`
`these proceedings by midnight EST, despite our best efforts to troubleshoot and
`
`rectify the problem throughout the course of the evening.
`
`4.
`
`Immediately after I was informed that the ’282 petition was
`
`successfully submitted, I prepared the 12:30AM e-mail in an effort to
`
`contemporaneously notify the Board about the technical issues we experienced
`
`when filing the petitions and to seek a teleconference on the issue.
`
`5.
`
`I viewed it as essential to notify the Board of the technical difficulties
`
`IPR2016—O0281 Exhibit 1058
`
`IPR2016—OO282 Exhibit 1067
`
`Teva Pharmaceuticals USA, Inc. v. Monosol RX, LLC
`Page I 2
`
`
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`as quickly as possible, and my e-mail was therefore written hurriedly, in a matter
`
`of minutes following the submission of the ’282 petition.
`
`6.
`
`Patent Owner’s motion implies that I personally instructed the
`
`Vendor to stop printing the service copies, prepared and sent the e—mail, and then
`
`instructed the Vendor to resume printing. That is not the case. At the time I wrote
`
`the e-mail, I was not physically located in the same office as the staff who
`
`assembled the paper copies of the petitions for service, and I did not know that the
`
`vendor had been instructed to stop or resume printing the service copies. These
`
`instructions were issued by another attorney on our team.
`
`7.
`
`It is true that at the time I prepared the e-mail, immediately after the
`
`electronic filing was complete, I did not confirm the status of service.
`
`I later
`
`learned that my e-mail was not correct.
`
`I certainly regret the error. But at no time
`
`did I intend to mislead the Board in any way. Instead, my email was merely
`
`intended to notify the Board staff of the need for action by the Board.
`
`I knew and
`
`expected that the facts would be fully presented to the Board once a panel was
`
`constituted and a teleconference scheduled to discuss the matter with all of the
`
`parties. At no time did I believe or expect that my e-mail would be the basis upon
`
`which the Board would consider changing the filing date to the petitions.
`
`8.
`
`At the subsequent meet—and-confer with opposing counsel, we were
`
`IPR2016-00281 Exhibit 1058
`
`IPR2016-00282 Exhibit 1067
`
`Teva Pharmaceuticals USA, Inc. v. Monosol RX, LLC
`Page | 3
`
`
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`forthcoming with opposing counsel about the timing of service.
`
`9.
`
`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.
`
`Dated: March 15, 2016
`
`IPRZOI 6-00281 Exhibit 1058
`
`lPR2016—00282 Exhibit 1067
`
`Teva Pharmaceuticals USA, Inc. V. Monosol RX, LLC
`
`Page | 4
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