`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`______________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`______________________
`
`APOTEX INC., APOTEX CORP., ARGENTUM PHARMACEUTICALS LLC,
`ACTAVIS ELIZABETH LLC, TEVA PHARMACEUTICALS USA, INC., SUN
`PHARMACEUTICAL INDUSTRIES, LTD., SUN PHARMACEUTICAL
`INDUSTRIES, INC., AND SUN PHARMA GLOBAL FZE,
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`Petitioners,
`
`V.
`
`NOVARTIS AG,
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`Patent Owner.
`
`______________________
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`Case IPR2017-008541
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`U.S. Patent No. 9,187,405
`
`______________________
`
`THIRD DECLARATION OF FRED D. LUBLIN, M.D.
`
`
`
`Mail Stop Patent Board
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`ALEXANDRIA, VA 22313-1450
`
`
`
`
` 1 Cases IPR2017-01550, IPR2017-01946, and IPR2017-01929 have been joined
`
`with this proceeding.
`
`
`
`1
`
`Apotex v. Novartis
`IPR2017-00854
`NOVARTIS 2107
`
`
`
`
`
`I, Fred Lublin, M.D., declare as follows:
`
`1.
`
`I previously submitted two declarations in this proceeding: the first on
`
`May 2 (Exhibit 2003, First Declaration) and the second on November 13 (Exhibit
`
`2025, Second Declaration), 2017. I was deposed on December 15, 2017. (Exhibit
`
`1042.) I respectfully submit this Third Declaration to correct an error in my
`
`deposition testimony.
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`2.
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`Specifically, at Page 59, line 25 to Page 60, line 8 of my deposition
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`transcript (id.), I was asked the following question and gave the following answer:
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`“Q: Before you signed your second declaration in this case, did you review any
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`declarations from any other witnesses in this case? A: Yes. Q: What declarations
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`did you review? A: I reviewed declarations of Dr. Jusko, Dr. Steinman, and Dr.
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`Giesser.”
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`3. My testimony is correct in stating that I reviewed Dr. Giesser’s
`
`declaration before signing my Second Declaration; however, I was mistaken in
`
`stating that I reviewed the declarations of Drs. Jusko and Steinman before signing
`
`my Second Declaration. In fact, I did not. I confirmed in my records that I received
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`no drafts nor any final versions of the declarations of Drs. Jusko and Steinman before
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`November 15, 2017. I signed my Second Declaration on November 13, 2017. In
`
`other words, I did not see the declarations of Drs. Jusko and Steinman until after I
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`signed my Second Declaration.
`
`
`
`2
`
`
`
`
`
`4.
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`In Paragraph 58 of my Second Declaration (Exhibit 2025), I stated that
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`“I understand that Drs. Steinman and Jusko have submitted declarations showing
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`that published data suggested a 0.5 mg dose would be ineffective.” I made that
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`statement based on information supplied by counsel. As of November 13, 2017, I
`
`had not yet read the declarations of Drs. Steinman and Jusko.
`
`*
`
`
`
`
`
`
`
`
`
`*
`
`
`
`
`
`
`
`
`
`*
`
`5.
`
`Under penalty of perjury, all statements made herein of my own
`
`knowledge are true, and I believe all statements made herein on information and
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`belief to be true. I have been warned and am aware that willful false statements and
`
`the like are punishable by fine or imprisonment or both under Section 1001 of Title
`
`18 of the United States Code.
`
`6.
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`In signing this Declaration, I understand that it will be filed as evidence
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`in a contested case before the Patent Trial and Appeal Board of the United States
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`Patent and Trademark Office. I acknowledge that I may be subject to cross-
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`examination in the case and that cross-examination will take place in the United
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`States. If cross-examination is required of me, I will appear for cross-examination
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`within the United States during the time allotted.
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`
`
`
`
`DATED: January 24, 2018
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`
`By:
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`
`
`Fred D. Lublin, M.D.
`
`
`
`3
`
`
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