`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`WATSON LABORATORIES,INC.
`Petitioner
`
`V.
`
`UNITED THERAPEUTICS,INC.
`Patent Owner
`
`Trial No. IPR2017-01622
`Patent No. 9,339,507
`
`SECOND DECLARATION OF MS. PILAR WYMAN
`
`4830-8940-1699.1
`
`UNITED THERAPEUTICS, EX. 2076
`WATSON LABORATORIES v. UNITED THERAPEUTICS, IPR2017-01622
`Page 1 of 4
`
`
`
`IPR2017-01622
`
`I, Pilar Wyman, hereby declare:
`
`INTRODUCTION
`
`1.
`
`lama paid consultant for United Therapeutics Corporation in
`
`connection with two patent proceedings, IPR2017-01621 and IPR2017-01622. My
`
`compensation does not depend onthe content ofthis declaration, the substance of
`
`any other testimony that I may offer in connection with this proceeding,or the
`
`disposition of this proceeding.
`
`2.
`
`Mybackgroundis provided in myfirst 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): HI-295 (“Voswinckel’).
`
`4.
`
`Voswinckelis an abstract that is contained in a 1102-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
`
`4830-8940-1699.1
`
`2
`
`UNITED THERAPEUTICS,EX. 2076
`WATSON LABORATORIES v. UNITED THERAPEUTICS, IPR2017-01622
`Page 2 of 4
`
`
`
`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
`
`Voswinckelis catalogued under the following subjects:
`
`Subjects: Cardiology -- Periodicals; Cardiovascular system -- Periodicals;
`
`Dewey: 616.1
`
`Searching on each ofthe 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 showingtotal items stored under each of the three categories as Ex.
`
`2110, 2111, and 2112, 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.
`
`Becausethere is no information from the British Library about when
`
`the catalog entry wascreated, 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, I don’t believe that a
`
`POSAexercising reasonable diligence could have located Voswinckel because the
`
`4830-8940-1699.1
`
`3
`
`UNITED THERAPEUTICS,EX. 2076
`WATSON LABORATORIES v. UNITED THERAPEUTICS, IPR2017-01622
`Page 3 of 4
`
`
`
`IPR2017-01622
`
`subject matter categories contain too many items to be meaningfully indexed so
`
`that a POSAcould find the supplement containing Voswinckel.
`
`i
`
`I hereby declare that all statements made herein of my knowledgeare
`
`true and that all statements made on information and belief are believed to betrue;
`
`and further that these statements were made with the knowledgethat willful false
`
`statements andthe like so madeare punishable by fine or imprisonment, or both
`
`under Section 1001 of Title 18 of the United States Code.
`
`Date: July 9, 2018
`
`)
`
`—YPr iGw— LA~~ We
`
`}
`
`Pilar Wyman
`
`4830-8940-1699.1
`
`4
`
`UNITED THERAPEUTICS,EX. 2076
`WATSON LABORATORIES v. UNITED THERAPEUTICS, IPR2017-01622
`Page 4 of 4
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
