UNITED STATES PATENT AND TRADEMARK OFFICE UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`GENZYME CORPORATION, GENZYME CORPORATION,
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`Petitioner Petitioner
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`v. v.
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`GENENTECH, INC. AND CITY OF HOPE, GENENTECH, INC. AND CITY OF HOPE,
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`Patent Owners Patent Owners
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`Case No. IPR2016-00383 Case No. IPR2016-00383
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`U. S. Patent No. 6,331,415 U. S. Patent No. 6,331,415
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`Declaration of Timothy Creagan in Support of Petitioner's Reply to Declaration of Timothy Creagan in Support of Petitioner's Reply to
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`Patent Owners' Preliminary Response Patent Owners' Preliminary Response
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`Genzyme Ex. 1061, pg. 1319
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`I, Timothy Creagan, declare as follows: I, Timothy Creagan, declare as follows:
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`1. 1.
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`I am the Vice President of Intellectual Property at Genzyme I am the Vice President of Intellectual Property at Genzyme
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`Corporation ("Genzyme"). Corporation ("Genzyme").
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`2. 2.
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`Genzyme is a wholly-owned, indirect subsidiary of Sanofi SA, the Genzyme is a wholly-owned, indirect subsidiary of Sanofi SA, the
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`ultimate parent company of Genzyme. Sanofi SA is a publicly traded entity, ultimate parent company of Genzyme. Sanofi SA is a publicly traded entity,
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`headquartered in France. Sanofi SA acquired Genzyme in April 2011 through a headquartered in France. Sanofi SA acquired Genzyme in April 2011 through a
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`purchase of 100% of Genzyme stock. purchase of 100% of Genzyme stock.
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`3. 3.
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`Since the acquisition, and until a corporate restructuring that took Since the acquisition, and until a corporate restructuring that took
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`effect on January 1, 2016, Genzyme was a separate, independent business unit of effect on January 1, 2016, Genzyme was a separate, independent business unit of
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`Sanofi SA. During that time period, net sales for Genzyme's products were Sanofi SA. During that time period, net sales for Genzyme's products were
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`reported separately in the annual reports of Sanofi SA. reported separately in the annual reports of Sanofi SA.
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`4. 4.
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`From the time of the acquisition through December 30, 2015, From the time of the acquisition through December 30, 2015,
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`Genzyme's legal department functioned with a large extent of autonomy from Genzyme's legal department functioned with a large extent of autonomy from
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`Sanofi SA. No lawyers in Genzyme's legal department had any direct reporting Sanofi SA. No lawyers in Genzyme's legal department had any direct reporting
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`requirement to anyone (either legal or management) in Sanofi SA. Genzyme paid requirement to anyone (either legal or management) in Sanofi SA. Genzyme paid
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`for its Inter Partes Reviews, litigations and related patent matters through its own for its Inter Partes Reviews, litigations and related patent matters through its own
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`budget. Genzyme also made the ultimate decisions of whether and when patent-budget. Genzyme also made the ultimate decisions of whether and when patent-
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`related legal proceedings would be filed, seeking the authorization only from related legal proceedings would be filed, seeking the authorization only from
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`Genzyme management. With respect to legal proceedings that were filed, Genzyme management. With respect to legal proceedings that were filed,
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`Genzyme Ex. 1061, pg. 1320
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`Genzyme controlled the strategies and manner in which they were prosecuted or Genzyme controlled the strategies and manner in which they were prosecuted or
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`defended against. defended against.
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`5. Genzyme, with the assistance of its outside counsel, solely prepared 5. Genzyme, with the assistance of its outside counsel, solely prepared
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`and filed the present IPR proceeding. It was Genzyme that desired review of U.S. and filed the present IPR proceeding. It was Genzyme that desired review of U.S.
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`Patent 6,331,415, and it was Genzyme that was solely responsible for directing, Patent 6,331,415, and it was Genzyme that was solely responsible for directing,
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`controlling, and funding (including costs and legal fees) the preparation and filing controlling, and funding (including costs and legal fees) the preparation and filing
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`of the present IPR. Genzyme's General Counsel, Tracey McCain, granted power of of the present IPR. Genzyme's General Counsel, Tracey McCain, granted power of
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`attorney to Genzyme's outside counsel at Mayer Brown LLP to transact business attorney to Genzyme's outside counsel at Mayer Brown LLP to transact business
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`with the Patent Trial and Appeal Board in connection with the present IPR. with the Patent Trial and Appeal Board in connection with the present IPR.
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`6. Neither Sanofi SA nor sanofi-aventis U.S. LLC participated in the 6. Neither Sanofi SA nor sanofi-aventis U.S. LLC participated in the
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`decision to file the present IPR. They did not co-author Genzyme's Petition, decision to file the present IPR. They did not co-author Genzyme's Petition,
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`exercise any control over the filing or content of the Petition, or provide funding or exercise any control over the filing or content of the Petition, or provide funding or
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`other compensation for the preparation and filing of the Petition. At no point did other compensation for the preparation and filing of the Petition. At no point did
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`Genzyme seek authorization from anyone at Sanofi SA or sanofi-aventis U.S. LLC Genzyme seek authorization from anyone at Sanofi SA or sanofi-aventis U.S. LLC
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`regarding the content, funding or timing of filing of the present IPR. regarding the content, funding or timing of filing of the present IPR.
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`7. 7.
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`The corporate restructuring that took effect on January 1, 2016, was The corporate restructuring that took effect on January 1, 2016, was
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`prospectively announced in July 2015 by Olivier Brandicourt, the CEO of the prospectively announced in July 2015 by Olivier Brandicourt, the CEO of the
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`Sanofi SA. As part of the restructuring, the reporting structure between Genzyme Sanofi SA. As part of the restructuring, the reporting structure between Genzyme
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`and Sanofi SA also changed, with the heads of certain Genzyme departments and Sanofi SA also changed, with the heads of certain Genzyme departments
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`Genzyme Ex. 1061, pg. 1321
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`Genzyme Ex. 1061, pg. 1322