`
`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
`
`VINCENT A. THOMAS, CPA, CVA, CFF, ABV
`
`Submitted August 22, 2017
`
`Page 1 of 5
`
`Page 1 of 6
`
`ACRUX DDS PTY LTD. et al.
`
`EXHIBIT 1662
`
`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
`
`VINCENT A. THOMAS, CPA, CVA, CFF, ABV
`
`Submitted August 22, 2017
`
`________________________________________________________________
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Page 2 of 6
`
`
`
`
`
`
`
`I, Vincent A. Thomas, hereby declare and state:
`
`1.
`
`I am a Senior Managing Director in the Forensic & Litigation
`
`Consulting practice of FTI Consulting, Inc., a multidisciplinary international
`
`financial advisory and consulting firm. I previously submitted a Declaration in this
`proceeding on August 1, 2017, as Exhibit 2028. A copy of my curriculum vitae
`
`has been submitted in this proceeding as Appendix A to that exhibit.
`
`2.
`
`I have been asked by Finnegan, Henderson, Farabow, Garrett &
`
`Dunner, LLP to comment on certain documents described in my previous
`Declaration, in particular Exhibit 2063, 2098, and 2099, as well as Exhibits 2093
`and 2095, which I had prepared for my previous Declaration. I have reviewed and
`
`am familiar with each of these Exhibits. I make this Declaration based on my
`
`personal knowledge and an inspection of these Exhibits.
`
`3.
`
`Exhibit 2063 is a Brand Report I obtained from the website
`
`http://brandautopsy.typepad.com/superbrands_2004_brandweek.pdf. The Report
`
`is entitled Superbrands: A Special Report, Brandweek (Jun. 21, 2004).
`
`4.
`
`Appendix A is a true and accurate screenshot of the brand report
`
`available from the listed website. The page numbering used in the Report made
`available on the website matches that in Exhibit 2063. All the text available in the
`Report made available online matches what was provided in Exhibit 2063. Hence,
`Exhibit 2063 is a complete, true, and accurate copy of the Brand Report available
`
`from the listed website. In particular, the listing of “American’s Top 200 Brands”
`in Exhibit 2063, which I relied on in my prior declaration, is complete and not
`missing any pages or data. Exhibit 2063 at S70-S90.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` PAGE 1
`
`Page 3 of 6
`
`
`
`
`
`
`
`
`5.
`
`As explained in my earlier declaration, Exhibits 2098 and 2099
`
`reflect my analysis of data provided in two documents labeled “US_ _ _20170531
`
`(2).xlsx” and “012617 Jublia 4mEq Commercial Market Comparison,” which have
`been designated as Exhibits 2095 and 2093, respectively. I confirm that complete,
`
`true, and accurate copies of the two documents I reviewed were provided as
`Exhibits 2095 and 2093.
`
`6.
`
`I understand that these documents were provided by Kaken and
`
`Valeant, respectively, and reflect underlying data from IMS Health and Symphony
`
`Health. I am familiar with both IMS Health and Symphony Health and have relied
`
`upon data and information obtained from these commercial sources in the past. I
`
`am also aware that others in the pharmaceutical industry routinely obtain and rely
`
`upon data and information from IMS Health and Symphony Health when assessing
`
`the value or market share of a pharmaceutical. In particular, those in the industry
`
`routinely rely on IMS Health and Symphony Health for their market reports of
`
`prescription data, which can be provided on a regular basis or in response to
`
`specific inquiries. I view both of those commercial sources of prescription data as
`
`reliable, whether obtained on a regular basis or in response to specific inquiries.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` PAGE 2
`
`Page 4 of 6
`
`
`
`*****
`
`I hereby declare that all statements made herein of my own knowledge are true and
`
`that statements made on information and belief are, to the best of my knowledge,
`
`believed to be true; and further that these statements are made with the knowledge
`
`that willful false statement and the like so made are punishable by fine or
`
`imprisonment, or both, under Section 1001 ofTitle 18 ofthe United States Code ..
`
`Vincent A. Thomas
`
`August 22, 20 1 7
`
`PAGE3
`
`Page 5 of 6
`
`
`
`E: superbrand s_2004_branc x
`
`A SPECIAL REPORT
`
`e • • • 0
`
`--• •••
`••••
`
`Featunng AMERICA'STOP 2000 BRANDS
`
`
`
`
`Page 6 of 6
`
`