`_____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________________
`
`
`PAR PHARMACEUTICAL, INC.,
`Petitioner,
`
`v.
`
`HORIZON THERAPEUTICS, LLC,
`Patent Owner.
`
`_____________________
`
`Case No.: IPR2017-01767
`U.S. Patent No. 9,254,278
`_____________________
`
`AFFIDAVIT OF CHRISTOPHER M. GALLO IN SUPPORT OF
`PETITIONER’S MOTION TO ACCEPT FILING OF PETITIONER’S
`REPLY TO PATENT OWNER’S RESPONSE TO THE PETITION
`ON AUGUST 16, 2018 UNDER 37 C.F.R. § 42.6(b)
`
`
`
`
`
`
`
`IPR2017-01767
`Affidavit Christopher M. Gallo (Exhibit 1029)
`
`1.
`
`I, Christopher M. Gallo, am more than eighteen years of age, am
`
`
`
`competent to present this affidavit, and have personal knowledge of the facts set
`
`forth herein. Further, I make these statements with the knowledge that willfully
`
`false statements and the like so made are punishable by fine or imprisonment, or
`
`both, under § 1001 of Title 18 of the United States Code.
`
`2.
`
`This affidavit is given in support of Petitioner Par Pharmaceutical,
`
`Inc.’s (“Par”) Motion to Accept Filing of Petitioner’s Reply to Patent Owner’s
`
`Response to the Petition on August 16, 2018 Under 37 C.F.R. § 42.6(b) (“Par’s
`
`Motion”).
`
`3.
`
`I am an Associate at the law firm of Axinn, Veltrop & Harkrider LLP
`
`and Back-Up Counsel for Petitioner Par. My United States Patent and Trademark
`
`Registration Number is No. 70,291.
`
`4.
`
`On August 16, 2018, Par attempted to file its Reply to Patent Owner’s
`
`Response to the Petition using the E2E system but was unable to do so because the
`
`E2E system was offline that entire day. Therefore, Par filed its Reply on August
`
`16, 2018 using alternative means as directed by the Board.
`
`5.
`
`Par contacted the Board for guidance in how to proceed and
`
`confirmed that it should follow the instructions provided at Question A2 of the
`
`PTAB E2E Frequently Asked Questions (available at
`
`https://www.uspto.gov/patents-application-process/patent-trial-and-appeal-
`
`2
`
`
`
`
`board/ptab-e2e-frequently-asked-questions).
`
`IPR2017-01767
`Affidavit Christopher M. Gallo (Exhibit 1029)
`
`6.
`
`Following these instructions, Par served by email its Reply and
`
`accompanying exhibits on counsel for Patent Owner Horizon Therapeutics, LLC
`
`(“Horizon”) (EX1030.)
`
`7.
`
`Par notified the Board by email, with Horizon’s counsel copied, that it
`
`had served Horizon with those documents. (EX1031.)
`
`8.
`
`On August 20, 2018, it came to Par’s attention that in the process of
`
`finalizing the Reply Declaration of Dr. Neal Sondheimer (EX1028) that was served
`
`on Horizon on August 16, 2018 that a “µ” symbol in the document was corrupted.
`
`(EX1032.)
`
`9.
`
`Par contacted the Board to inquire if the Board would prefer Par to
`
`file its Reply with the corrupted “µ” symbol corrected or to file the served version
`
`of the Petition with a motion to file a corrected exhibit. The Board stated that it
`
`preferred that Par file EX1028 with the corrupted “µ” symbol corrected. (Id.)
`
`10. Par notified Horizon of the Board’s request by email on August
`
`20, 2018 and provided Horizon with a redlined version of EX1028 indicating
`
`where the corrupted “µ” symbol had been corrected. (Id.)
`
`3
`
`
`
`Affidavit Christopher M Gallo (Exhibit1029)
`
`IPR201 7-01 767
`
`11.
`
`Par became aware on August 21, 2018 that the EZE system’s
`
`functionality was restored.
`
`-
`
`FIHEANNA C. HAFNER
`I'ARY PUBLIC DISTRICT OF COLUMBIA
`'.7 Commission Expires Novembet 30. 2019
`
`Sworn to and subscribed before me
`this Mday of August, 2018.
`
`W
`
`tary Public
`
`_
`
`Christopher M. Gallo
`
`
`
`
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