`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`BRECKENRIDGE PHARMACEUTICAL, INC.
`
`Petitioner
`
`V.
`
`NOVARTIS PHARMACEUTICALS CORPORATION
`
`Patent Owner
`
`Case IPR2017-01592
`
`US. Patent No. 8,410,131
`
`DECLARATION OF TERRENCE L. STOKKE
`
`Breckenridge Exhibit 1118
`Stokke Declaration
`
`
`
`I, Terrence L. Stokke, resident of Minneapolis, Minnesota, hereby declare as
`
`follows:
`
`1.
`
`I am the owner of E.L.F. Research Services LLC in St. Paul,
`
`Minnesota. E.L.F. Research Services is a company that specializes in document
`
`research and document delivery services. I have owned the company for the past
`
`nine years.
`
`2.
`
`E.L.F. Research Services was retained by counsel for Breckenridge
`
`Pharmaceutical, Inc. (“Breckenridge”) to locate certain documents in connection
`
`with Breckenridge’s preparation of a Petition for Inter Partes Review of United
`
`States Patent No. 8,410,131 (“the ‘ 131 Patent IPR petition”).
`
`3.
`
`One of the documents that Breckenridge sought help with was an
`
`abstract entitled “Sirolimus Prevents Tumor Progression: mTOR Targeting For
`
`The Inhibition Of Neoplastic Progression.” The abstract
`
`listed the following
`
`authors: Fulung Luan, Mary Maluccio, Vijay K. Sharma, Minoru Hojo, Milagros
`
`Lagman, and Manikkam Suthanthiran as authors. I will refer to this abstract as the
`
`“Luan Abstract.”
`
`4.
`
`Counsel for Breckenridge asked me to help confirm that the Luan
`
`Abstract was published as part of the American Journal of Transplantation,
`
`Supplement 1, Volume 1 (2001) in May 2001.
`
`Breckenridge Exhibit 1118
`Stokke Declaration
`
`
`
`5.
`
`In order to verify that the Luan Abstract was published in May 2001, I
`
`sent an email to Wiley’s Journal Customer Service staff on June 5, 2017. That
`
`email can be seen on pages 005-006 of Ex. 1005. My email asked for verification
`
`of the publication date of the American Journal of Transplantation, Supplement 1,
`
`Volume 1
`
`(2001), which contained the Luan Abstract. My email attached a
`
`printout from the Wiley Online Library related to that American Journal of
`
`Transplantation, Supplement 1, Volume 1 (2001) that is shown on pages 002-004
`
`of Ex. 1005 and the copy of the Luan Abstract shown on page 001 of Ex. 1005.
`
`These documents were provided to me by Breckenridge’s counsel Daniel R. Evans.
`
`6.
`
`My email to Wiley’s Journal Customer Service staff states that it is “a
`
`final revision” at the top of page 006 of Ex. 1005. That phrase reflects only that I
`
`sent an initial version of the email to Wiley and then sent revised versions to make
`
`sure I was asking for the correct information to verify the publication date of the
`
`publication containing the Luan Abstract. The version of the email correspondence
`
`included in Ex. 1005 is the last email that I sent to Wiley. I inadvertently left the
`
`phrase “a final revision” in that last email to Wiley.
`
`7.
`
`On June 6, 2017, I received a response to my last email from Christine
`
`Goff of Journal Customer Services at Wiley. Ms. Goff confirmed that
`
`the
`
`American Journal of Transplantation, Supplement 1, Volume 1
`
`(2001) was
`
`Breckenridge Exhibit 1118
`Stokke Declaration
`
`
`
`published in May 2001. Ms. Goff’s email response is shown on page 005 of Ex.
`
`1005.
`
`8.
`
`On June 6, 2017, I forwarded the email response from Ms. Goff to
`
`Breckenridge’s counsel Mr. Evans for his use in connection with the ‘131 Patent
`
`IPR petition. This is shown on page 005 of Ex. 1005.
`
`9.
`
`I understand that Novartis Pharmaceuticals Corp. (“Novartis”) is the
`
`owner of United States Patent No. 8,410,131. I further understand that Novartis
`
`opposed the ‘ 131 Patent IPR petition. As part of its opposition, I am informed that
`
`Novartis questioned whether the email correspondence on pages 005-006 of EX.
`
`1005 had been altered. I was either the author or recipient of those emails. I have
`
`reviewed the copies of those emails on pages 005-006 of EX. 1005. I can confirm
`
`that they have not been altered. Those are the emails as they were sent and
`
`received.
`
`I declare under penalty of perjury under the laws of the United States of
`
`America that the foregoing is true and correct.
`
`Dated: January 18, 2018
`
`,4[-
`
`Terrence L. Stokke
`
`Breckenridge Exhibit 1118
`Stokke Declaration
`
`
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