`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`WATSON LABORATORIES, INC.
`Petitioner
`
`V.
`
`UNITED THERAPEUTICS, INC.
`Patent Owner
`
`Trial N0. 1PR2017-01622
`
`Patent No. 9,339,507
`
`SECOND DECLARATION OF MS. PILAR WYMAN
`
`4830394045991
`
`UNITED THERAPEUTICS, EX. 2076
`WATSON LABORATORIES v. UNITED THERAPEUTICS, |PR2017-01622
`
`Page 1 of4
`
`
`
`IPR2017-01622
`
`l, Pilar Wyman, hereby declare:
`
`INTRODUCTION
`
`1.
`
`I am a paid consultant for United Therapeutics Corporation in
`
`connection with two patent proceedings, IPR2017—01621 and IPR2017—01622. My
`
`compensation does not depend on the content of this declaration, the substance of
`
`any other testimony that 1 may offer in connection with this proceeding, or the
`
`disposition of this proceeding.
`
`2.
`
`My background is provided in my first Declaration in this proceeding
`
`(Ex. 2093). Unless otherwise indicated, the same standards and definitions from
`
`my earlier Declaration apply here, even though they are not repeated.
`
`3.
`
`This Declaration provides additional information concerning the
`
`public accessibility of Robert Voswinckel, et al. "Inhaled treprostinil sodium for
`
`the treatment of pulmonary hypertension" Abstract #1414, Circulation, 110, 17,
`
`Supplement (October 2004): III—295 (“Voswinckel”).
`
`4.
`
`Voswinckel is an abstract that is contained in a 1 102—page supplement
`
`to the journal Circulation in 2004~ specifically to vol. 110, issue 17 (Ex. 1013, 27-
`
`32). In order to obtain additional information about its public accessibility, I
`
`obtained a copy of the catalog entry for Voswinckel from the British Library web
`
`4830394045994
`
`UNITED THERAPEUTICS, EX. 2076
`WATSON LABORATORIES v. UNITED THERAPEUTICS, IPR2017-01622
`
`Page 2 of 4
`
`2
`
`
`
`IPR2017-01622
`
`site. A true and correct copy of the catalog entry that exists for the Circulation
`
`journal containing Voswinckel is attached as Ex. 2109. The catalog entry contains
`
`no information indicating when it was created.
`
`5.
`
`According to the catalog entry (Ex. 2109), the journal containing
`
`Voswinckel is catalogued under the following subjects:
`
`Subjects: Cardiology -- Periodicals; Cardiovascular system -- Periodicals;
`
`Dewey: 616.1
`
`Searching on each of the three subject categories (“Cardiology”, “Cardiovascular
`
`systems”, and “Dewey 616.1”) will retrieve the total number of items stored under
`
`that category at the British Library. Attached are true and correct copies of the
`
`first page showing total items stored under each of the three categories as Ex.
`
`2110, 2111, and 21 12, which indicates that they contain 334,162 items, 195,290
`
`items, and 157,385 items, respectively, as of the date that I checked (July 3, 2018)-
`
`6.
`
`Because there is no information from the British Library about when
`
`the catalog entry was created, the Butler Declaration does not establish a date of
`
`public accessibility for Voswinckel. Furthermore, even if it was catalogued prior
`
`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
`
`4830394045994
`
`UNITED THERAPEUTICS, EX. 2076
`WATSON LABORATORIES v. UNITED THERAPEUTICS, lPR2017-01622
`
`Page 3 of 4
`
`3
`
`
`
`lPR2017-01622
`
`subject matter categories contain too many items to be meaningfully indexed so
`
`that a POSA could find the supplement containing Voswinckel-
`
`7.
`
`I hereby declare that all statements made herein of my knowledge are
`
`true and that all statements made on information and belief are believed to be true;
`
`and further that these statements were made with the knowledge that willful false
`
`statements and the like so made are punishable by fine or imprisonment, or both
`
`under Section 1001 of Title 18 of the United States Code.
`
`Date: July 9, 2018
`
`.fl/Z/F'".
`
`‘
`
`/é\._./
`
`/
`
`{ii/91’ 31x53?!“
`
`Pilar Wyman
`
`4830394045994
`
`UNITED THERAPEUTICS, EX. 2076
`WATSON LABORATORIES v. UNITED THERAPEUTICS, IPR2017-01622
`
`Page 4 of 4
`
`4
`
`