`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`APOTEX INC., APOTEX CORP, ARGENTUM PHARMACEUTICALS LLC,
`
`ACTAVIS ELIZABETH LLC, TEVA PHARMACEUTICALS USA, INC., SUN
`
`PHARMACEUTICAL INDUSTRIES, LTD, SUN PHARMACEUTICAL
`
`INDUSTRIES, INC, AND SIN PHARMA GLOBAL FZE,
`
`Petitioners,
`
`V.
`
`NOVARTIS AG,
`
`Patent Owner.
`
`Case IPR2017-008541
`
`US. Patent No. 9,187,405
`
`DECLARATION OF CHRISTIAN SCHNELL
`
`Mail Stop Patent Board
`Patent Trial and Appeal Board
`US. Patent and Trademark Office
`
`P.O. Box 1450
`
`ALEXANDRIA, VA 22313-1450
`
`1 Cases IPR2017-015 50, IPR20 l 7—01946, and IPR2017—01929 have been joined
`with this proceeding.
`
`Apotex v. Novartis
`lPR2017-00854
`
`NOVARTIS 2026
`
`Apotex v. Novartis
`IPR2017-00854
`NOVARTIS 2026
`
`
`
`I, Christian Schnell, declare as follows:
`
`1.
`
`I am an inventor listed on US. Patent No. 9.181405, the subject of
`
`these inter-partes review (IPR) proceedings.
`
`1 am currently employed by Novartis
`
`Pharma AG, a subsidiary of Patent Owner Novartis AG in these proceedings.
`
`1
`
`submit this declaration to authenticate Exhibits 2057, a May 12, 2009 internal
`
`page signature sheet that confirms the report’s completion.
`
`
`
`4.
`
`I retrieved a copy of Exhibit 2057 from Novartis’s internal system
`
`used to keep track of such documents, and I confirm that it is a true and accurate
`
`
`
`copy of the report we prepared in 2009. In addition, Exhibit 2070 was also filed in
`
`the same system.
`
`It is common for the signature pages for final reports to be filed
`
`separately from the main report
`
`in our system.
`
`I confirmed that this is the
`
`signature page that I remember going with this report.
`
`>x<
`
`>1:
`
`:1:
`
`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
`
`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.
`
`In signing this Declaration,
`
`I understand that
`
`it will be filed as
`
`evidence in a contested case before the Patent Trial and Appeal Board of the
`
`United States Patent and Trademark Office.
`
`I acknowledge that I may be subject
`
`to cross—examination in the case and that cross-examination will take place in the
`
`United States.
`
`If cross—examination is required of me, I will appear for cross—
`
`examination within the United States during the time allotted.
`
`DATED: November 10, 2017
`
`By:
`
`