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