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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`HOLOGIC, INC.,
`and BECTON, DICKINSON AND COMPANY,
`Petitioners
`
`v.
`
`ENZO LIFE SCIENCES, INC.
`Patent Owner
`
`____________
`
`Case No. IPR2016-00820
`U.S. Patent No. 7,064,197
`____________
`
`
`
`DECLARATION OF ARPITA BHATTACHARYYA
`
`
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`Page 1 of 5
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`HOLOGIC EXHIBIT 1037
`Hologic v. Enzo
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`
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`
`
`Case No. IPR2016-00820
`U.S. Patent No. 7,064,197
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`I, Arpita Bhattacharyya, make the following Declaration pursuant to 28
`
`U.S.C. § 1746:
`
`1. I am an attorney at the law firm of Finnegan, Henderson, Farabow, Garrett
`
`& Dunner, LLP.
`
`2. I provide this Declaration in connection with Case No. IPR2016-00820.
`
`Unless otherwise stated, the facts stated in this Declaration are based on my
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`personal knowledge.
`
`3. The protocol website cited in Diehl
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`(http://cmgm.stanford.edu/pbrown/MGuide) is still in use today, and Ex.
`
`1032 can still be accessed by first visiting the website as cited by Diehl,
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`clicking on Protocols, and then clicking on Slide Preparation under the
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`Protocols header.
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`4. Although an error message saying that the website was not found did pop up
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`on first try, I was able to access the website upon subsequent attempts.
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`5. Attachment A to this Declaration is a true and correct copy of the protocol
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`cited in Diehl, retrieved from the above-cited website on April 5, 2017.
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`6. I declare under penalty of perjury under the laws of the United States of
`
`America that all statements made herein of my knowledge are true, and that
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`all statements made on information and belief are believed to be true, and
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`that these statements were made with the knowledge that willful false
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`
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`1
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`Page 2 of 5
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`Case No. IPR2016-00820
`U.S. Patent No. 7,064,197
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`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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`
`
`Date: April 5, 2016
`By: _____________________
`Arpita Bhattacharyya
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`
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`2
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`Page 3 of 5
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`Case No. IPR2016-00820
`U.S. Patent No. 7,064,197
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`
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`ATTACHMENT A
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`
`
`
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`
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`Page 4 of 5
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`
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`4/5/2017
`
`Preparation of Slides
`
`Preparation of Slides
`
`Last updated: October 6, 1999
`
`Order info
`Gold Seal #3010
`Shandon Lipshaw #121 (8002456212) <= Each rack holds 30 slides
`Shandon Lipshaw #121
`<= Each chamber holds 350 mL
`
`Materials
`Qty
`Glass microscope slides 60
`Slide rack
`2
`Slide chamber
`6
`ddH2O
`~5 L
`NaOH
`70 g
`95% Ethanol
`420 mL
`PolyLlysine
`70 mL Sigma #P 8920
`Tissue culture PBS
`70 mL
`Vacuum oven (45C)
`Slide box (plastic only) 1
`
`VWR #48443806
`
`1. Place slides in slide racks. Place racks in chambers.
`2. Prepare CLEANING SOLUTION:
`Dissolve 70 g NaOH in 280 mL ddH2O.
`Add 420 mL 95% ethanol. Total volume is 700 mL (= 2 X 350 mL); stir until completely mixed.
`If solution remains cloudy, add ddH2O until clear.
`3. Pour solution into chambers with slides; cover chambers with glass lids. Mix on orbital shaker for 2 hr.
`Once slides are clean, they should be exposed to air as little as possible. Dust particles will interfere with
`coating and printing.
`4. Quickly transfer racks to fresh chambers filled with ddH2O. Rinse vigorously by plunging racks up and
`down.
`Repeat rinses 4X with fresh ddH2O each time. It is critical to remove all traces of NaOHethanol.
`5. Prepare POLYLYSINE SOLUTION:
`70 mL polyLlysine + 70 mL tissue culture PBS in 560 mL water.
`Use plastic graduated cylinder and beaker.
`6. Transfer slides to polylysine solution and shake 15 min. 1 hr.
`7. Transfer rack to fresh chambers filled with ddH2O. Plunge up and down 5X to rinse.
`8. Centrifuge slides on microtiter plate carriers (place paper towels below rack to absorb liquid) for 5 min. @
`500 rpm.
`Transfer slide racks to empty chambers with covers for transport to vacuum oven.
`9. Dry slide racks in 45C vacuum oven for 10 min. (Vacuum is optional.)
`10. Store slides in closed slide box (plastic only, without rubber mat bottom)
`11. BEFORE PRINTING ARRAYS:
`Check that polylysine coating is not opaque.
`Test print, hyb and scan sample slides to determine slide batch quality.
`
`http://cmgm.stanford.edu/pbrown/protocols/1_slides.html
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`1/1
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`Page 5 of 5
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