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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
`V ALEANT PHARMACEUTICALS INTERNATIONAL, INC.
`Patent Owner and Licensee.
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`Case: IPR2017-00190
`U.S. Patent No. 7,214,506
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`EVIDENTIARY DECLARATION OF MOTONORI MIYAKA WA
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`Page 1 of3
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`Page 1 of 4
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`ACRUX DDS PTY LTD. et al.
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`EXHIBIT 1664
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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,
`
`v.
`
`KAKEN PHARMACEUTICAL CO., LTD. and
`VALEANT PHARMACEUTICALS INTERNATIONAL, INC.
`Patent Owner and Licensee.
`
`
`
`Case: IPR2017-00190
`U.S. Patent No. 7,214,506
`
`
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`EVIDENTIARY DECLARATION OF MOTONORI MIYAKAWA
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`Page 2 of 4
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`Page 1 of 3
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`Kaken Exhibit 2114
`Acrux v. Kaken
`IPR2017-00190
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`
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`I, Motonori Miyakawa, hereby declare as follows:
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`1.
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`I am employed by Kaken Pharmaceutical Co., Ltd, (“Kaken”). My current
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`position is Group Manager of Kaken’s Medical Business Development Department,
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`International Alliance Management Group, and I have been employed by Kaken
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`since 1996. I have personal knowledge of the matters stated in this declaration,
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`and if called as a witness I would testify to the 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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`proceeding as Exhibit 2095. Exhibit 2095 is a spreadsheet showing sales data for
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`the time period between 2014 to 2017. In the course of my work at Kaken, I
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`generated the spreadsheet from syndicated data obtained in 2016 and 2017 via a
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`subscription to a database belonging to IMS Health (attached as Exhibit 2110).
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`That database is commonly relied upon by members of the industry to track
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`pharmaceutical sales. The data in the spreadsheet accurately reflects the
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`information obtained from the IMS Health database. I am also familiar with
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`Kaken’s record keeping practices for the creation and maintenance of this type of
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`document. It is common practice and was part of my regular duties at Kaken to
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`obtain and evaluate such data from IMS Health to assess Jublia’s sales numbers.
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`The sales data obtained from IMS Health are regularly evaluated at Kaken in the
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`ordinary course of business. Exhibit 2095 was specifically compiled from that
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`data for this proceeding.
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`1
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`Page 3 of 4
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`Page 2 of 3
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`3.
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`I hereby certify that Exhibit 2095 is an accurate and complete duplicate of
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`the spreadsheet in Kaken’s files.
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`4.
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`I hereby further certify that the record duplicated in Exhibit 2095
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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 IMS Health,
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`which provides a commercial service collecting and disseminating
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`prescription data and has knowledge of those matters; and
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`(C) was compiled using data from IMS Health typically obtained and kept
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`by me in the course of regularly conducted business activity for Kaken.
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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.
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`DATE: _________, 2017
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`By:
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`Motonori Miyakawa
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`2
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`Page 4 of 4
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`Page 3 of 3
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