`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`ACRUX DDS PTY LTD. & ACRUX LIMITED
`Petitioners,
`
`v.
`
`KAKEN PHARMACEUTICAL CO., LTD. and
`V ALEANT PHARMACEUTICALS INTERNATIONAL, INC.
`Patent Owner and Licensee.
`
`Case: IPR2017-00190
`U.S. Patent No. 7,214,506
`
`EVIDENTIARY DECLARATION OF EDWARD SHUPENUS
`
`Page 1 of3
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`Page 1 of 4
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`ACRUX DDS PTY LTD. et al.
`
`EXHIBIT 1661
`
`IPR Petition for
`
`U.S. Patent No. 7,214,506
`
`
`
`
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`ACRUX DDS PTY LTD. & ACRUX LIMITED
`Petitioners,
`
`v.
`
`KAKEN PHARMACEUTICAL CO., LTD. and
`VALEANT PHARMACEUTICALS INTERNATIONAL, INC.
`Patent Owner and Licensee.
`
`
`
`Case: IPR2017-00190
`U.S. Patent No. 7,214,506
`
`
`
`EVIDENTIARY DECLARATION OF EDWARD SHUPENUS
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`
`
`
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`Page 2 of 4
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`
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`I, Edward Shupenus, hereby declare as follows:
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`1.
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`I am employed by Valeant Pharmaceuticals International, Inc. (“Valeant”).
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`My current position is Executive Director, Marketing Operations, and I have been
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`employed by Valeant since December 2011. I have personal knowledge of the
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`matters stated in this declaration, and if called as a witness I would testify to the
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`same.
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`2.
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`I am the custodian of a document that I understand was produced in this
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`matter as Exhibit 2093. Exhibit 2093 is a spreadsheet showing prescription data
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`for the time period 2007 to 2016 that I generated in the course of my duties at
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`Valeant from syndicated data obtained in January of 2017 via a subscription to a
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`commercial database belonging to Symphony Health. I am familiar with
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`Valeant’s record keeping practices for the creation and maintenance of this type of
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`document. In my experience, it is common practice and was part of my regular
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`duties at Valeant to obtain and evaluate such data from Symphony Health, and use
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`it to generate spreadsheets such as the one in Exhibit 2093 for internal uses at the
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`company.
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`3.
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`I hereby certify that Exhibit 2093 is an accurate and complete duplicate of
`
`the spreadsheet in Valeant’s files.
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`4.
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`I hereby further certify that the record duplicated in Exhibit 2093
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`Page 3 of 4
`
`
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`(A) was made by me at or near the time of occurrence of the matters set
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`forth in the record and with respect to which I have knowledge,
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`(B) was made based on information that I obtained from Symphony
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`Health, which provides a commercial service collecting and disseminating
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`prescription data and has knowledge of those matters;
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`(C) was kept by me in the course of regularly conducted business activity
`
`for V aleant; and
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`(D) was made by me in the regularly conducted activity as a regular
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`practice at V aleant.
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`I hereby declare that all statements made herein of my own knowledge are true and
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`that statements made on information and belief are, to the best of my knowledge,
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`believed to be true; and further that these statements are made with the knowledge
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`that willful false statement and the like so made are punishable by fine or
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`imprisonment, or both, under Section 1001 of Title 18 of the United States Code.
`
`DATE: ¥/r , 2017
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`I
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`2
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`Page 4 of 4
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