`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`MYLAN PHARMACEUTICALS INC.,
`Petitioner
`
`V.
`
`JANSSEN ONCOLOGY, INC.,
`Patent Owner
`
`Inter Partes Review No. IPR20l6-01332
`
`U.S. Patent No. 8,822,438
`
`DECLARATION OF IVAN T. HOFMANN, CPA/CFF, CLP
`
`MYLAN PHARMS. INC. EXHIBIT 1082 PAGE 1
`
`
`
`1.
`
`y
`
`1, Ivan T. Hofmann, am over the age of eighteen (18) and otherwise
`
`competent to make this Declaration.
`
`I have personal knowledge of the facts set
`
`forth in this Declaration and am competent to testify to the same.
`
`2.
`
`I have been retained by counsel for Mylan Pharmaceuticals Inc.
`
`(“Mylan” or “Petitioner”) in connection with the above-captioned inter partes
`
`review (“IPR”).
`
`3.
`
`I am educated and experienced in economics, as detailed in my
`
`previous Declaration that was filed with the Petition as Exhibit MYL 1017, and my
`
`Curriculum Vitae filed as Attachment A-2 to MYL 1017.
`
`I understand that my
`
`declaration will be included in Petitioner’s Exhibit List as MYL Ex. 1082.
`
`I have
`
`examined Exhibits 1017, 1048, 1049, 1051, 1053-1055, 1057, 1064, and 1066.
`
`All of the exhibits are publicly available, or derived from documents that are
`
`publicly available.
`
`4.
`
`Exhibit MYL 1017 includes exhibit B-1.
`
`I compiled the sales data
`
`listed in exhibit B-1 from the sales revenue data listed in MYL 1055, described
`
`infra at paragraph 8.
`
`5.
`
`MYL 1049 is a true and correct copy of pages accessed and printed on
`
`June 28, 2016, by me or under my direction from the Jevtana® website
`
`(www.jevtana.com) at http://jevtana.com/hcp/dosing/default.aspx. MYL 1049 is
`
`publicly available including from the Jevtana® website and bears on its face the
`
`MYLAN PHARMS. INC. EXHIBIT 1082 PAGE 2
`
`
`
`distinctive and recognizable trade dress and logo of Jevtana® and Sanofi
`
`Oncology.
`
`6.
`
`MYL 1051 is a true and correct copy of pages accessed and printed on
`
`June 28, 2016, by me or under my direction from the Mayo Clinic website
`
`(www.mayoclinic.org) at http://wvvw.mayoc1inic.org/diseases-conditions/prostate-
`
`cancer/basics/definition/con-20029597?p=1. MYL 1051 is publicly available
`
`including from the Mayo Clinic website and bears on its face the distinctive and
`
`recognizable trade dress and logo of the Mayo Clinic, a renowned medical practice
`
`and medical research group in the United States.
`
`7.
`
`MYL 1054 is a true and correct copy of the cover page, date of
`
`publication, authorship, table of contents, and full chapter 5, the chapter cited in
`
`my declaration, of Murphy, William J. et al., Patent valuation: improving decision
`
`making through analysis (John Wiley & Sons, Inc., 2012). MYL 1054, as initially
`
`provided, was complete. The Patent Owner’s Objections to Evidence Pursuant to
`
`37 C.F.R. §42.64(b)(l) do not point to any reason that MYL 1054 was not
`
`complete.
`
`8.
`
`MYL 1055 is a true and correct copy of pages accessed and printed on
`
`June 30, 2016, by me or under my direction from the PMLive website
`
`(www.pmlive.com)
`
`at
`
`http://wvvw.pmlive.com/top_pharma_list/Top_S0_pharmaceutical_products_by_gl
`
`MYLAN PHARMS. INC. EXHIBIT 1082 PAGE 3
`
`
`
`obal_sales#. To print this document, I or someone under my direction accessed the
`
`PMLive website
`
`(www.pmlive.com)
`
`at
`
`the URL or webpage
`
`address:
`
`http://www.pmlive.com/top_pharma_list/Top_50_pharmaceutical_products_by_gl
`
`obal_sales# and clicked on the “print” button on the browser. PMLive is a third-
`
`party market research firm that focuses on the pharmaceutical industry. PMLive
`
`provides,
`
`inter alia, a monthly print magazine and online content at
`
`the
`
`aforementioned website.
`
`9.
`
`MYL 1064 is a true and correct copy of MYL 1019 which I obtained
`
`from the Declaration of Marc Gamick, M.D., MYL 1002.
`
`10. MYL 1066 is a true and correct copy of pages accessed and printed on
`
`June 28, 2016, by me or under my direction from the website for Zytiga®
`
`(www.zytiga.com). To print this document, I or someone under my direction
`
`accessed the website for Zytiga® (www.zytiga.com) at the URL or webpage
`
`address
`
`at
`
`hrtps://www.zytiga.com/print/about-zytiga/how-zytiga-works
`
`and
`
`clicked on the “print” button on the browser. MYL 1066 is publicly available
`
`including from Patent Owner’s own website for Zytiga® at the URL or webpage
`
`address of https://www.zytiga.corri/print/about-zytiga/how-zytiga-works.
`
`MYLAN PHARMS. INC. EXHIBIT 1082 PAGE 4
`
`
`
`Februaxj/8,2017
`
`Respectfully submitt d,
`
`[
`
`/fl
`
`L.
`
`Ivan T. I-Iofmann, CPA/CFF, CLP
`
`MYLAN PHARMS. INC. EXHIBIT 1082 PAGE 5
`
`
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