`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`MYLAN PHARMACEUTICALS INC., TEVA PHARMACEUTICALS USA,
`INC., and AK.ORN INC., 1
`Petitioners,
`
`v.
`
`ALLERGAN, INC.,
`Patent Owner.
`
`Case IPR2016-01127 (8,685,930 B2)
`Case IPR2016-01128 (8,629,111 B2)
`Case IPR2016-01129 (8,642,556 B2)
`Case IPR2016-01130 (8,633 ,162 B2)
`Case IPR2016-01131 (8,648,048 B2)
`Case IPR2016-01132 (9,248,191 B2)
`
`DECLARATION OF DALE WHITE
`IN SUPPORT OF PATENT OWNER'S MOTION TO SEAL
`
`1 Cases IPR2017-00576 and IPR2017-00594, IPR2017-00578 and IPR2017- 00596,
`IPR2017-00579 and IPR2017-00598, IPR2017-00583 and IPR2017- 00599,
`IPR2017-00585 and IPR2017-00600, and IPR2017-00586 and IPR2017-00601 , have
`respectively been joined with the captioned proceedings. The word-for-word
`identical paper is filed in each proceeding identified in the caption pursuant to the
`Board' s Scheduling Order (Paper 10).
`
`1
`
`
`
`I, Dale White, declare as follows:
`
`1. I am more than twenty-one years of age, competent to present this affidavit, and
`
`have personal knowledge of the facts set forth herein.
`
`2. This declaration is given in support of Patent Owner's Motion to Seal.
`
`3. I am General Counsel for the Saint Regis Mohawk Tribe.
`
`4. Exhibit 2086 and Exhibit 2087 are the Long-Form Patent Assignment
`
`Agreement and License Agreement entered between the Saint Regis Mohawk Tribe
`
`and Allergan on September 8, 2017,
`
`5. These agreements both contain confidential business information that would
`
`undermine the Tribe's competitive standing in future license negotiations if the terms
`
`were made public.
`
`6. Both Agreements also contain Confidentiality and Non-Disclosure Clauses.
`
`7. Because of their confidential nature, both of these documents were made
`
`exempt from disclosure under Section 1.9-2(b) of the Saint Regis Mohawk Tribe
`
`Open Records Policy and Section XI.3 .(b) of the Saint Regis Mohawk Tribal
`
`Counsel Procedures Act of 2013 in Tribal Council Resolution 2017-58 that was
`
`passed on September 8, 2017.
`
`8. The Tribe has endeavored to redact as little information as possible from the
`
`documents to strike a balance between the strong public policy that favors making
`
`2
`
`
`
`information filed in an inter partes review open to the public and the confidential
`
`nature of the information contained in these documents.
`
`9. To that end, only confidential information that was not cited by any of the
`
`parties in the Motion to Dismiss briefing has been redacted.
`
`10. I hereby declare that all statements made herein of my own knowledge are true
`
`and further that all statements herein are made with knowledge that willful false
`
`statements and the like are punishable by fine or imprisonment, or both, under
`
`Section 1001 of Title 18 of the United States Code.
`
`Dated: November 16, 2017
`
`By: ~IL%
`
`aie White
`
`3
`
`
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 CFR §§ 42.6(e)(4) and 42.205(b), the undersigned certifies that
`
`on November 16, 2017, a complete and entire copy of this declaration was provided,
`
`via electronic service, to the Petitioners by serving the correspondence address of
`
`record as follows:
`
`Steven W. Parmelee
`Michael T. Rosato
`Jad A. Mills
`WILSON SONSINI GOODRICH & ROSATI
`701 Fifth A venue, Suite 5100
`Seattle, WA 98104-703 6
`sparmelee@wsgr.com
`mrosato@wsgr.com
`jmills@wsgr.com
`
`Wendy L. Devine
`WILSON SONSINI GOODRICH & ROSATI
`One Market Street, Spear Tower Floor 33
`San Francisco, CA 94105-1126
`wdevine@wsgr.com
`
`Douglas H. Carsten
`WILSON SONSINI GOODRICH & ROSATI
`12235 El Camino Real, Suite 200
`San Diego, CA 92130
`dcarsten@wsgr.com
`
`Richard Torczon
`WILSON SONSINI GOODRICH & ROSA TI
`1700 K Street NW, 5th Floor
`Washington, DC 20006
`rtorczon@wsgr.com
`
`4
`
`
`
`Brandon M. White
`Crystal Canterbury
`Charles G. Curtis, Jr.
`Jennifer MacLean
`Benjamin S. Sharp
`Shannon M. Bloodworth
`PERKINS COIE LLP
`700 13th Street NW
`Washington DC 20005
`bmwhite@perkinscoie.com
`ccanterbury@perkinscoie.com
`ccurtis@perkinscoie.com
`jmaclean@perkinscoie.com
`bsharp@perkinscoie.com
`sbloodworth@perkinscoie.com
`
`Eric D. Miller
`PERKINS CoIE LLP
`1201 Third Avenue, Suite 4900
`Seattle, WA 98101-3099
`emiller@perkinscoie.com
`Attorneys for Mylan Pharmaceuticas, Inc.
`
`And upon the remaining Petitioners as follows:
`
`Michael R. Dzwonczyk
`Azy S. Kokabi
`Travis B. Ribar
`SUGHRUE MION, PLLC
`2100 Pennsylvania Ave., NW, Suite 800
`Washington, DC 2003 7
`mdzwonczyk@sughrue.com
`akokabi@sughrue.com
`tribar@sughrue.com
`Attorneys for Akorn Inc.
`
`5
`
`
`
`Gary J. Speier
`Mark D. Schuman
`CARLSON, CASPERS, VANDENBURGH, LfNDQUIST & SCHUMAN, P.A.
`225 South Sixth Street, Suite 4200
`Minneapolis, MN 5 5402
`gspeier@carlsoncaspers.com
`mschuman@carlsoncaspers.com
`IPRCyclosporine@carlsoncaspers.com
`Attorneys for Teva Pharmaceuticals
`
`/Alfonso G. Chan/
`Alfonso G. Chan
`SHORE CHAN DEPUMPO LLP
`901 Main Street, Suite 3300
`Dallas, Texas 75202
`(214) 593-9110
`
`6
`
`
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