`_____________________
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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.: IPR2018-01550
`U.S. Patent No. 9,561,197
`_____________________
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`AFFIDAVIT OF CHRISTOPHER M. GALLO IN SUPPORT OF
`PETITIONER’S MOTION TO ACCEPT FILING OF PETITION
`FOR INTER PARTES REVIEW OF U.S. PATENT NO. 9,561,197
`ON AUGUST 16, 2018 UNDER 37 C.F.R. § 42.6(b)
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`
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`EXHIBIT 1033
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`
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`IPR2018-01550
`Affidavit Christopher M. Gallo (Exhibit 1033)
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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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`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 Petition For Inter Partes Review Of
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`U.S. Patent No. 9,561,197 on August 16, 2018 Under 37 C.F.R. § 42.6(b)
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`(“Par’s 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 Petition for Inter Partes
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`Review of the ’197 patent using the E2E system but was unable to do so because
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`the E2E system was offline that entire day. Therefore, Par filed its Petition on
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`August 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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`IPR2018-01550
`Affidavit Christopher M. Gallo (Exhibit 1033)
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`6.
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`Following these instructions, Par served by email its Petition and
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`accompanying exhibits, along with Par’s Power of Attorney, on counsel for Patent
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`Owner Horizon Therapeutics, LLC (“Horizon”) in the related federal district court
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`litigation involving the ’197 patent and in Inter Partes Review proceedings
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`involving patents directed to related subject matter (IPR2017-01767, -01768,
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`-01769). (EX1034.)
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`7.
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`Par also served those documents by FedEx on Horizon’s counsel and
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`the correspondence address of record for the ’197 patent, as noted on the
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`certificates of service for Par’s Petition and Par’s Power of Attorney. (EX1036.)
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`8.
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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. (EX1035.)
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`9.
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`Par’s email to the Board provided the following information in
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`accordance with Question A2’s instructions: (1) name of point of contact; (2)
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`email address of point of contact; (3) patent number to which the petition
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`corresponds; (4) application number of the patent; (5) number of claims
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`challenged; (6) type of trial proceeding; (7) a copy of Par’s Power of Attorney; and
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`(8) a deposit account authorization. (Id.)
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`10. The Board notified the parties by email on August 21, 2018 that the
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`E2E system’s functionality was restored. (EX1037.)
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`3
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`IPR2018-01550
`Affidavit Christopher M. Gallo (Exhibit 1033)
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`11.
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`Inthe Board’s e-mail, the Board authorized Par to submitits Petition
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`and Par’s Motion via the E2E system. (/d.)
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`12.
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`On August 20, 2018, it came to Par’s attention that in the process of
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`finalizing Par’s Petition and Declaration of Dr. Neal Sondheimer (EX1002) that
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`were served on Horizon on August 16, 2018 that someof the “yu” symbols in the
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`documents were corrupted. (EX1038.)
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`13.|Par contacted the Board to inquire if the Board would prefer Par to
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`file its Petition with the corrupted “uu” symbols correctedorto file the served
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`version of the Petition with a motionto file a corrected Petition under 37 C.F.R.
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`§ 42.104(c). The Board stated that it preferred that Par file a Petition with the
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`corrupted “ww” symbols corrected. (/d.)
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`14.
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`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 Par’s Petition indicating
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`wherethe corrupted “yw” symbols have been corrected. (/d.)
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`RHEANNAC.HAFNER
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`NOTARY PUBLIC DISTRICT OF COLUMBIA
`My Commission Expires November 30, 2019
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`Sworn to and subscribed before me
`this yWday of August, 2018.
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`Lion C.
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`Notary Public
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`CO Ko, £ 4 :
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`Christopher M. Gallo
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`