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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`WATSON LABORATORIES, INC.
`Petitioner
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`Vv.
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`UNITED THERAPEUTICS CORP.
`Patent Owner
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`Cases! IPR2017-01621; Patent 9,358,240
`IPR 2017-01622; Patent 9,339,507
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`DECLARATION OF DEAN BUNCE
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`' The word-for-word identical paperis filed in each proceedingidentified in the
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`heading.
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`UNITED THERAPEUTICS, EX. 2085
`WATSON LABORATORIES v. UNITED THERAPEUTICS, IPR2017-01622
`Page 1 of 6
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`IPR2017-01621; IPR2017-01622
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`Declaration of Dean Bunce
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`I, Dean Bunce, hereby declare as follows:
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`1.
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`I am currently Executive Vice President of Regulatory Affairsat
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`United Therapeutics Corporation (“UTC”).
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`2.
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`I have been involved in regulatory affairs and compliance at UTC
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`since 1999.
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`I currently overseeall interactions of UTC with regulatory agencies,
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`including the Food and Drug Administration (“FDA”).
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`I was ultimately
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`responsible for the New Drug Application (“NDA”) and supplements thereto for
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`UTC’s Tyvaso® product.
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`3.
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`Exhibit 2049is a true and correct copy of excerpts of the Tyvaso®
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`NDAIntegrated Summary of Efficacy (ISE). This is a documentcreated in the
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`regular course of UTC’s business and was submitted to FDA aspart of the process
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`of obtaining regulatory approval to market Tyvaso® in the United States.
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`4.
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`Exhibit 2050is a true and correct copy of the Clinical Investigation
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`Report Synopsis for Study LRX-INH-0004. This is a documentcreated in the
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`regular course of UTC’s business and was submitted to FDA aspart of the process
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`of obtaining regulatory approval to market Tyvaso® in the United States.
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`5.
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`Exhibit 2051 is a true and correct copy ofthe Clinical Investigation
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`Report Synopsis for Study LRX-INH-0007. This is a documentcreated in the
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`regular course of UTC’s business and was submitted to FDAaspart of the process
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`of obtaining regulatory approval to market Tyvaso® in the United States.
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`4819-7765-8701
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`1
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`UNITED THERAPEUTICS, EX. 2085
`WATSON LABORATORIESv. UNITED THERAPEUTICS, IPR2017-01622
`Page 2 of 6
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`IPR2017-01621; IPR2017-01622
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`Declaration of Dean Bunce
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`6.
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`Exhibits 2049-2051 are records made from information regularly kept
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`and maintained by UTCin the courseofits regular clinical testing activities and
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`thus contain accurate information generated and maintained for the purposes of
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`ensuring compliance with regulatory and best practices requirements. For
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`example, FDA regulations require that a drug sponsor maintain, prepare, and
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`submit accurate information concerningclinical studies. See e.g. 21 CFR § 312.33.
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`7.
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`Exhibit 2083 is a true and correct copy of the TRIUMPHI Clinical
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`Trial Protocol. This is a document created by January 11, 2005 (as reflected on the
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`document) in the regular course of UTC’s business and was submitted to FDA as
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`part of the process of obtaining regulatory approval to market Tyvaso® in the
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`United States. Morespecifically, the protocol was submitted to FDA on March28,
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`2005 as part of UTC’s original Investigational New Drug Application (“IND”)
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`70,362 for Inhaled Treprostinil. Exhibit 2052 is a true and correct copy of an
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`acknowledgementletter dated April 13, 2005 from FDA acknowledgingreceipt of
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`IND 70,362 on March 29, 2005.
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`8.
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`Exhibits 2049 (at page 59) and 2050 (at page 3) state that study LRX-
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`INH-004 wasperformedin 2003.
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`9.
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`Exhibits 2049 (at page 61) and 2051 (at page 3) state that LRX-INH-
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`007 was performedin 2003.
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`10.
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`Exhibit 2083 includesthe following information:
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`eae
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`UNITED THERAPEUTICS, EX. 2085
`WATSON LABORATORIESv. UNITED THERAPEUTICS, IPR2017-01622
`Page 3 of 6
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`IPR2017-01621; IPR2017-01622
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`Declaration of Dean Bunce
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`i. Reference to investigator studies in Germany (at pages 17, 21, 25)
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`including “approximately 200 patients in the five investigations,
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`and the 13 patients in the clinical and chronic compassionate use
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`trials”;
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`ii. “Treatment doses” indicating the investigational product plannedis
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`treprostinil sodium at “600 mcg/mL delivered via an ultrasonic
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`nebulizer (0, 4, 8, 12 hours daily)” with “[e]ach of the four doses
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`will consist of 9 breaths. Each breath will deliver 5 mcg of TRE to
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`the mouthpiece of the nebulizer (emitted dose).” (at page 11); and
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`iii. A section on “Clinical Investigations Following Inhalation of
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`Treprostinil” that summarizesfive investigations (at pages 22-25):
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`1. Investigation 1: Inhalation of Treprostinil and of [loprost
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`2. Investigation 2: Inhalation of treprostinil and of placebo
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`3. Investigation 3: Inhalation times of Treprostinil sodium with
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`higher concentrations with reducedinhalation time;
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`4. Investigation 4: Inhalation of metacresolfree treprostinil;
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`5. Investigation 5: Inhalation of Treprostinil and Sildenafil.
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`11.
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`Exhibit 2083 states that the original Phase II Protocol wasfinalized by
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`January 11, 2005 with an anticipated First Patient In (FPI) in April/May 2005.
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`4819-7765-8701
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`UNITED THERAPEUTICS, EX. 2085
`WATSON LABORATORIESv. UNITED THERAPEUTICS, IPR2017-01622
`Page 4 of 6
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`IPR2017-01621; IPR2017-01622
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`Declaration of Dean Bunce
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`12.
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`As reflected in Exhibit 2049, the first patient was enrolled in the
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`PhaseII study in June 2005.
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`13.
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`The United States National Library of Medicine ClinicalTrials.gov
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`database, whichis a database of clinical studies conducted around the world,
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`https://clinicaltrials.gov/ct2/show/NCT00147199, gives a date of “June 2005”as
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`the date a first participant was enrolled for TRIUMPH I. A true and correct copy
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`of this recordis labelled as Exhibit 2084.
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`[The remainderofthis page is intentionally left blank]
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`UESere!
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`4
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`UNITED THERAPEUTICS, EX. 2085
`WATSON LABORATORIES v. UNITED THERAPEUTICS, IPR2017-01622
`Page 5 of 6
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`IPR2017-01621; IPR2017-01622
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`Declaration of Dean Bunce
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`14.
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`I hereby declare thatall statements made herein of my knowledgeare
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`true andthat 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 knowledgethat willful false
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`statements and the like so made arc 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:44a j / 2018
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`
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`Dean Bunce
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`4819-7765-8701
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`5
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`UNITED THERAPEUTICS, EX. 2085
`WATSON LABORATORIESv. UNITED THERAPEUTICS, IPR2017-01622
`Page 6 of 6
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