`
`IPR2016-01370
`U.S. Patent No. 8,664,231
`110670-0009-651
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`___________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`___________________________________
`
`KOIOS PHAMRACEUTICALS LLC
`
`
`Petitioner
`
`v.
`
`MEDAC GESELLSCHAFT FÜR KLINISCHE
`SPEZIALPRÄPARATE MBH
`
`
`Patent Owner
`
`___________________________________
`
`Inter Partes Review Case No. IPR2016-01370
`Patent Number 8,664,231
`
`
`
`
`
`
`
`DECLARATION OF TERRI SHOEMAKER IN SUPPORT OF PATENT
`OWNER’S PRELIMINARY RESPONSE
`
`I, Terri Shoemaker, make
`
`the
`
`following Declaration pursuant
`
`to
`
`28 U.S.C. § 1746:
`
`1.
`
`I am President and Chief Executive Officer of Medac Pharma, Inc.,
`
`which is the U.S. subsidiary of Patent Owner and a real party-in-interest. I have
`
`worked at Medac Pharma, Inc. since July 2012, serving in this role the entire time.
`
`1
`
`
`Medac Exhibit 2011
`Koios v. Medac
`IPR2016-01370
`Page 00001
`
`
`
`IPR2016-01370
`U.S. Patent No. 8,664,231
`
`2.
`
`
`
`
`Attorney Docket No.
`110670-0009-651
`
`I provide this Declaration in connection with the above-identified
`
`Inter Partes Review proceeding that is being requested at the United States Patent
`
`and Trademark Office. Unless otherwise stated, the facts stated in this Declaration
`
`are based on my personal knowledge.
`
`3.
`
`Exhibit 2007 hereto is a true and correct copy of a Consulting
`
`Agreement between Medac Pharma, Inc. and Dr. Michael Schiff, M.D., executed
`
`September 7, 2012, and which I received from Dr. Schiff on that date. Medac
`
`Pharma, Inc. retained a copy of this executed Consulting Agreement in the
`
`ordinary course of business. Page numbers and an exhibit label have been added to
`
`the bottom of this document but no other alterations have been made.
`
`4.
`
`Exhibit 2008 hereto is a true and correct copy with redactions of an
`
`October 5, 2012 Overview & Meeting Objectives memo summarizing the
`
`September 29, 2012 Advisory Board Meeting. This was created by Colleen Doyle,
`
`Otis Communication, which was employed by Medac for organizing and
`
`memorializing the September 29, 2012 Advisory Board Meeting. Colleen attended
`
`the meeting. Ex.2008 at 5. The memo was made within one week of the meeting
`
`itself and received by me on October 5, 2012, consistent with Medac’s regular
`
`practice of memorializing such meetings. Medac Pharma, Inc. retained a copy of
`
`this executed Consulting Agreement in the ordinary course of business. Page
`
`2
`
`
`Page 00002
`
`
`
`IPR2016-01370
`U.S. Patent No. 8,664,231
`
`numbers and an exhibit label have been added to the bottom of this document but
`
`Attorney Docket No.
`110670-0009-651
`
`
`
`
`no other alterations have been made.
`
`5.
`
`I attended the September 29, 2012 Advisory Board Meeting on behalf
`
`of Medac Pharma, Inc. Ex.2008 at 5. I witnessed Dr. Michael Schiff, M.D. in
`
`attendance at the September 29, 2012 Advisory Board Meeting and interacted with
`
`him there.
`
`6. During the September 29, 2012 Advisory Board Meeting, Dr. Schiff
`
`was provided Medac’s Confidential
`
`Information,
`
`including Confidential
`
`Information relating to the invention of U.S. Patent 8,664,231.
`
`7.
`
`I have been informed that willfully false statements are punishable by
`
`fine or imprisonment, or both. I make this declaration of my own personal
`
`knowledge, and all statements are true. If called to testify as to the truth of the
`
`matters stated herein, I could and would testify competently.
`
`I declare under penalty of perjury that the foregoing is true and correct.
`
`Executed this 10 day of November, 2016, at Leawood, KS.
`
`
`
`
`Terri Shoemaker
`
`3
`
`
`Page 00003
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