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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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`BRECKENRIDGE PHARMACEUTICAL, INC.,
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`Petitioner,
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`v.
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`NOVARTIS PHARMACEUTICALS CORPORATION,
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`Patent Owner.
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`Case IPR2017-01592
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`Patent No. 8,410,131
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`DECLARATION IN SUPPORT OF PATENT OWNER NOVARTIS’S
`MOTION FOR PRO HAC VICE ADMISSION OF SUSANNE L. FLANDERS
`UNDER 37 C.F.R. § 42.10
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`NOVARTIS EXHIBIT 2022
`Breckenridge v Novartis, IPR 2017-01592
`Page 1 of 4
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`1.
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`I, Susanne L. Flanders, am more than twenty-one years of age, am
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`competent to present this declaration, and have personal knowledge of the facts set
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`forth herein.
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`2.
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`This declaration is given in support of Patent Owner Novartis’s
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`Motion for Pro Hac Vice Admission.
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`3.
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`I am a partner at the law firm of Fitzpatrick, Cella, Harper & Scinto,
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`in the firm’s New York office.
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`4.
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`I have been a patent litigation attorney for more than nine years. I
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`have been litigating patent cases for this entire time period and have been involved
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`in numerous cases involving patent validity and infringement, at both the District
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`Court and the Federal Circuit. I have also been involved in inter partes review
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`proceedings before the Board. A significant portion of my work has involved
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`biological and chemical arts, with particular emphasis on pharmaceuticals. I am,
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`therefore, an experienced litigating attorney.
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`5.
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`I am a member in good standing of the State Bars of New York and
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`New Jersey. I have never been suspended or disbarred from practice before any
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`court or administrative body.
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`6.
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`No court or administrative body has ever denied my application for
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`admission to practice before it.
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`NOVARTIS EXHIBIT 2022
`Breckenridge v Novartis, IPR 2017-01592
`Page 2 of 4
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`7.
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`No court or administrative body has ever imposed sanctions or
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`contempt citations on me.
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`8.
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`I have read and will comply with the Office Patent Trial Practice
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`Guide and the Board’s Rules of Practice for Trials set forth in part 42 of 37 C.F.R.
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`9.
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`I understand that I will be subject to the Office’s Rules of Professional
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`Conduct set forth in 37 C.F.R. §§ 11.101 et seq. and disciplinary jurisdiction under
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`37 C.F.R. § 11.19(a).
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`10.
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`I have applied to appear pro hac vice in one other proceeding before
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`the Office in the last three (3) years. In Par Pharmaceuticals, Inc. v. Novartis AG,
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`Inter Partes Review 2016-00084, I sought and was granted permission to appear
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`pro hac vice.
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`11.
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`I have an established familiarity with the subject matter at issue in this
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`proceeding. I have been involved consistently and substantively in the instant
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`matter since its inception in June 2017 and in District Court litigation involving the
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`same patent. I have read in detail and understand the Petition filed by Petitioner
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`and the challenged patent, U.S. Patent 8,410,131 (“the ’131 patent”). I have also
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`reviewed in detail all the exhibits relied upon by Petitioner in this proceeding,
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`including each of the references cited in instituted Grounds 1-5.
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`NOVARTIS EXHIBIT 2022
`Breckenridge v Novartis, IPR 2017-01592
`Page 3 of 4
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`12. I have engaged in extensive strategic and substantive discussions
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`regarding this proceeding with Nicholas N. Kallas, who is the lead counsel for
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`Patent Owner in this proceeding and a registered practitioner (Reg. No. 31,530). I
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`have also engaged in extensive substantive discussions with experts concerning
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`issues relevant to this proceeding.
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`13. Therefore, I have an established familiarity with the subject matter at
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`issue in this proceeding.
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`14. I declare further that all statements made herein of my own
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`knowledge are true and that all statements made on information and belief are
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`believed to be true and further that these statements were made with the knowledge
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`that willful false statements 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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`and that such willful false statements may jeopardize the validity of the ' 131
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`patent.
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`Dated: February I ~, 2018
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`ne Flanders
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`NOVARTIS EXHIBIT 2022
`Breckenridge v Novartis, IPR 2017-01592
`Page 4 of 4
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