`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`WATSON LABORATORIES, INC.
`Petitioner
`
`V.
`
`UNITED THERAPEUTICS, INC.
`Patent Owner
`
`Trial N0. IPR2017-01621
`
`Patent No. 9,358,240
`
`DECLARATION OF MS. PILAR WYMAN
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`WATSON LABORATORIES v. UNITED THERAPEUTICS, |PR2017-01621
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`UNITED THERAPEUTICS, EX. 2076
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`Page 1 of4
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`
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`l, Pilar Wyman, hereby declare:
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`INTRODUCTION
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`1.
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`I am a paid consultant for United Therapeutics Corporation in
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`connection with two patent proceedings, IPR2017—01621 and IPR2017—01622. My
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`compensation does not depend on the content of this declaration, the substance of
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`any other testimony that 1 may offer in connection with this proceeding, or the
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`disposition of this proceeding.
`
`2.
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`My background is provided in my first Declaration in this proceeding
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`(Ex. 2093). Unless otherwise indicated, the same standards and definitions from
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`my earlier Declaration apply here, even though they are not repeated.
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`3.
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`This Declaration provides additional information concerning the
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`public accessibility of Robert Voswinckel, et al. "Inhaled treprostinil sodium for
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`the treatment of pulmonary hypertension" Abstract #1414, Circulation, 110, 17,
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`Supplement (October 2004): III—295 (“Voswinckel”).
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`4.
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`Voswinckel is an abstract that is contained in a 1 102—page supplement
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`to the journal Circulation in 2004~ specifically to vol. 110, issue 17 (Ex. 1013, 27-
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`32). In order to obtain additional information about its public accessibility, I
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`obtained a copy of the catalog entry for Voswinckel from the British Library web
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`WATSON LABORATORIES v. UNITED THERAPEUTICS, |PR2017-01621
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`UNITED THERAPEUTICS, EX. 2076
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`Page 2 of4
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`site. A true and correct copy of the catalog entry that exists for the Circulation
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`journal containing Voswinckel is attached as Ex. 2109. The catalog entry contains
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`no information indicating when it was created.
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`5.
`
`According to the catalog entry (Ex. 2109), the journal containing
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`Voswinckel is catalogued under the following subjects:
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`Subjects: Cardiology -- Periodicals; Cardiovascular system -- Periodicals;
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`Dewey: 616.1
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`Searching on each of the three subject categories (“Cardiology”, “Cardiovascular
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`systems”, and “Dewey 616.1”) will retrieve the total number of items stored under
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`that category at the British Library. Attached are true and correct copies of the
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`first page showing total items stored under each of the three categories as Ex.
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`2110, 2111, and 21 12, which indicates that they contain 334,162 items, 195,290
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`items, and 157,385 items, respectively, as of the date that I checked (July 3, 2018)-
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`6.
`
`Because there is no information from the British Library about when
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`the catalog entry was created, the Butler Declaration does not establish a date of
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`public accessibility for Voswinckel. Furthermore, even if it was catalogued prior
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`to the filing date of the patent application in this proceeding, 1 don’t believe that a
`
`POSA exercising reasonable diligence could have located Voswinckel because the
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`WATSON LABORATORIES v. UNITED THERAPEUTICS, |PR2017-01621
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`UNITED THERAPEUTICS, EX. 2076
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`Page 3 of4
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`
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`subject matter categories contain too many items to be meaningfiJlly indexed so
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`that a POSA could find the supplement containing Voswinckel-
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`7.
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`I hereby declare that all statements made herein of my knowledge are
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`true and that all statements made on information and belief are believed to be true;
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`and further that these statements were made with the knowledge that willfill false
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`statements and the like so made are punishable by fine or imprisonment, or both
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`under Section 1001 of Title 18 of the United States Code.
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`Date: July 9, 2018
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`_../'/Z/-—\
`
`‘
`
`/fl:\_./
`
`X
`
`[ii/g2 Extra/A
`
`Pilar Wyman
`
`WATSON LABORATORIES v. UNITED THERAPEUTICS, |PR2017-01621
`
`UNITED THERAPEUTICS, EX. 2076
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`Page 4 of4
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