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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`ACRUX DDS PTY LTD. & ACRUX LIMITED
`Petitioners,
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`v.
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`KAKEN PHARMACEUTICAL CO., LTD. and
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`V ALEANT PHARMACEUTICALS INTERNATIONAL, INC.
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`Patent Owner and Licensee.
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`Case: IPR2017-00190
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`U.S. Patent No. 7,214,506
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`EVIDENTIARY DECLARATION OF
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`VINCENT A. THOMAS, CPA, CVA, CFF, ABV
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`Submitted August 22, 2017
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`Page 1 of 5
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`Page 1 of 6
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`ACRUX DDS PTY LTD. et al.
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`EXHIBIT 1662
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`IPR Petition for
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`U.S. Patent No. 7,214,506
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`ACRUX DDS PTY LTD. & ACRUX LIMITED
`Petitioners,
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`v.
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`KAKEN PHARMACEUTICAL CO., LTD. and
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`VALEANT PHARMACEUTICALS INTERNATIONAL, INC.
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`Patent Owner and Licensee.
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`Case: IPR2017-00190
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`U.S. Patent No. 7,214,506
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`EVIDENTIARY DECLARATION OF
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`VINCENT A. THOMAS, CPA, CVA, CFF, ABV
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`Submitted August 22, 2017
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`________________________________________________________________
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`Page 2 of 6
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`I, Vincent A. Thomas, hereby declare and state:
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`1.
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`I am a Senior Managing Director in the Forensic & Litigation
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`Consulting practice of FTI Consulting, Inc., a multidisciplinary international
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`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
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`has been submitted in this proceeding as Appendix A to that exhibit.
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`2.
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`I have been asked by Finnegan, Henderson, Farabow, Garrett &
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`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
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`am familiar with each of these Exhibits. I make this Declaration based on my
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`personal knowledge and an inspection of these Exhibits.
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`3.
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`Exhibit 2063 is a Brand Report I obtained from the website
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`http://brandautopsy.typepad.com/superbrands_2004_brandweek.pdf. The Report
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`is entitled Superbrands: A Special Report, Brandweek (Jun. 21, 2004).
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`4.
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`Appendix A is a true and accurate screenshot of the brand report
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`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
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`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.
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`Page 3 of 6
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`5.
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`As explained in my earlier declaration, Exhibits 2098 and 2099
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`reflect my analysis of data provided in two documents labeled “US_ _ _20170531
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`(2).xlsx” and “012617 Jublia 4mEq Commercial Market Comparison,” which have
`been designated as Exhibits 2095 and 2093, respectively. I confirm that complete,
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`true, and accurate copies of the two documents I reviewed were provided as
`Exhibits 2095 and 2093.
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`6.
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`I understand that these documents were provided by Kaken and
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`Valeant, respectively, and reflect underlying data from IMS Health and Symphony
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`Health. I am familiar with both IMS Health and Symphony Health and have relied
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`upon data and information obtained from these commercial sources in the past. I
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`am also aware that others in the pharmaceutical industry routinely obtain and rely
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`upon data and information from IMS Health and Symphony Health when assessing
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`the value or market share of a pharmaceutical. In particular, those in the industry
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`routinely rely on IMS Health and Symphony Health for their market reports of
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`prescription data, which can be provided on a regular basis or in response to
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`specific inquiries. I view both of those commercial sources of prescription data as
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`reliable, whether obtained on a regular basis or in response to specific inquiries.
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`Page 4 of 6
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`*****
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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 ofTitle 18 ofthe United States Code ..
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`Vincent A. Thomas
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`August 22, 20 1 7
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`PAGE3
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`Page 5 of 6
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`
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`E: superbrand s_2004_branc x
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`A SPECIAL REPORT
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`e • • • 0
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`--• •••
`••••
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`Featunng AMERICA'STOP 2000 BRANDS
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`Page 6 of 6
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