`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`MYLAN PHARMACEUTICALS INC.,
`
`Petitioner
`
`v.
`
`POZEN INC. and HORIZON PHARMA USA, INC.,
`
`Patent Owners
`
`
`
`U.S. Patent No. 9,220,698 to Ault et al.
`
`
`Inter Partes Review IPR2017-01995
`
`
`
`DECLARATION OF DAVID C. METZ, M.D.
`
`1
`
`MYLAN PHARMS. INC. EXHIBIT 1091 PAGE 1
`
`
`
`DECLARATION OF DAVID C. METZ, M.D.
`
`1.
`
`I, David C. Metz, M.D., am over the age of eighteen and otherwise
`
`competent to make this Declaration. I have personal knowledge of the facts set
`
`forth in this Declaration and am competent to testify to the same.
`
`2.
`
`I have been retained by counsel for Petitioner Mylan Pharmaceuticals
`
`Inc. (“Mylan”) in connection with the above-captioned inter partes review
`
`(“IPR”).
`
`3.
`
`I
`
`am
`
`educated
`
`and
`
`experienced
`
`in medicine,
`
`including
`
`gastroenterology, as detailed in my previous Declaration that was filed with the
`
`Petition as Exhibit 1002, and my Curriculum Vitae filed as Exhibit A to Exhibit
`
`1002.
`
`4.
`
`Ex. 1010 is a true and correct copy of the 2004 approval letter and
`
`label for Zegerid, which were publicly available upon Zegerid’s approval on June
`
`16, 2004, and thus before 2007. In addition, news of approval of new medicines is
`
`commonly circulated among gastroenterologists, and I personally viewed the
`
`Zegerid label that is Ex. 1010 before 2007. I also prescribed Zegerid to my
`
`patients according to the label that is Ex. 1010 before 2007.
`
`
`
`2
`
`MYLAN PHARMS. INC. EXHIBIT 1091 PAGE 2
`
`
`
`DECLARATION OF DAVID C. METZ, M.D.
`
`
` hereby declare that all statements made herein of my own knowledge are
`
` I
`
`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.
`
`
`Dated: April 5, 2018
`
`
`/David C. Metz, M.D./
`
`
`3
`
`MYLAN PHARMS. INC. EXHIBIT 1091 PAGE 3
`
`
`
`DECLARATION OF DAVID C. METZ, M.D.
`
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6(e), I certify that I caused to be served a true and
`
`correct copy of the foregoing: DECLARATION OF DAVID C. METZ, M.D., by
`
`email to the electronic service addresses for Patent Owner:
`
`Thomas A. Blinka
`Jonathan G. Graves
`Susan Krumplitsch
`Cooley LLP
`zIPR2017-01995@cooley.com
`
`Margaret J. Sampson
`Stephen M. Hash
`Jeffrey S. Gritton
`Baker Botts LLP
`pozen-vimovoBB@bakerbotts.com
`
`Dated: April 5, 2018
`
`
`
`
`
`
`
`
`
`
`/Bryan D. Beel/
`
`Counsel for Petitioner Mylan Pharmaceuticals Inc.
`
`MYLAN PHARMS. INC. EXHIBIT 1091 PAGE 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
