Conference Call
`
`IPR2019-00789
`
`May 14, 2019
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`1
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` UNITED STATES PATENT AND TRADEMARK OFFICE
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`SAWAI USA, INC. AND SAWAI PHARMACEUTICAL CO. LTD.,
` Petitioners
` v.
` BIOGEN MA INC.,
` Patent Owner.
`
` IPR2019-00789
` U.S. Patent No. 8,399,514
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`Biogen Exhibit 2005
`Sawai v. Biogen
`IPR2019-00789
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`Page 1 of 20
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`

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`Conference Call
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`IPR2019-00789
`
`May 14, 2019
`
`2
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` May 14, 2019
` 3:01 p.m. EST
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` Telephonic proceedings, held before
`Administrative Patent Judges, Sheridan Snedden,
`Jackie Harlow, and Jennifer Chagnon, before
`Carrie LaMontagne, a Certified Court Reporter for the
`State of California.
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`202-220-4158
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`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`Page 2 of 20
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`Conference Call
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`IPR2019-00789
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`May 14, 2019
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`3
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` A P P E A R A N C E S:
` KATTEN MUCHIN ROSENMAN LLP
` Attorneys for Petitioners
` 2900 K Street NW
` North Tower - Suite 200
` Washington, DC 20007
` (202) 625-3647
` BY: CHRISTOPHER B. FERENC, ESQ.
`
` FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER,
` LLP
` Attorneys for Patent Owner
` 901 New York Avenue, NW
` Washington, DC 20001
` BY: BARBARA C. McCURDY, ESQ.
` MARK FELDSTEIN, ESQ.
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`202-220-4158
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`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`Page 3 of 20
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`Conference Call
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`May 14, 2019
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` JUDGE SNEDDEN: Good afternoon. This the
`Judge Snedden. I have with me on the line Judges
`Harlow and Chagnon. This is a teleconference for
`IPR2019-00789.
` Who do I have on the line for Patent Owner?
` MS. McCURDY: Good afternoon, Your Honors.
`We also have a court reporter on the line.
` But let me introduce myself. It's
`Barbara McCurdy for Biogen, Patent Owner, and also
`Mark Feldstein, both of Finnegan Henderson.
` JUDGE SNEDDEN: Who do I have on the line
`for Patent Owner?
` MS. McCURDY: That was Patent Owner,
`Barbara McCurdy.
` JUDGE SNEDDEN: Petitioner.
` MR. FERENC: Good afternoon, Your Honors.
`This is Chris Ferenc from Katten Muchin Rosenman on
`behalf of the Sawai petitioners.
` JUDGE SNEDDEN: Can I have your name one
`more time.
` MR. FERENC: Sure. Christopher, last name
`Ferenc, of Katten Muchin Rosenman.
` JUDGE SNEDDEN: Ms. McCurdy, you'll file a
`copy of the transcript following this call?
` MS. McCURDY: Yes, we will.
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`Page 4 of 20
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`Conference Call
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`IPR2019-00789
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`May 14, 2019
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` JUDGE SNEDDEN: All right. Ms. McCurdy, I
`think you requested this call. I'll let you begin.
` MS. McCURDY: Yes. Thank you.
` We requested this call to seek authorization to
`file a sur-reply to which the petitioner does not
`object but sought limitations. So we would like to
`file a sur-reply that's longer than they have agreed
`to and that addresses all the issues raised by their
`reply. So there's not an opposition with respect to
`a sur-reply, but just really the length and scope of
`it.
` In particular we would like to reply to two
`things. One, there was a declaration included in the
`reply paper on the motion for joinder that we should
`be able to respond to in the sur-reply really without
`limitation.
` And secondly, they raise a new argument that was
`not in their original petitioner motion for joinder
`that we would like to address, and that's
`specifically changing this reliance upon the basis
`for their petition, which is the expert testimony of
`different witnesses than are relied upon by Mylan,
`wholly different expert witnesses because they do not
`have the agreement of Mylan and apparently did not
`seek the agreement of Mylan to rely upon their
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`Page 5 of 20
`
`

`

`Conference Call
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`IPR2019-00789
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`May 14, 2019
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`declarants. So their petition is based on their own
`evidence and their own declarants.
` And their original position was only if Mylan
`allows Sawai to rely on their declarants, then Sawai
`will withdraw them. And they don't have that
`agreement from Mylan, as far as we understand.
` And they changed the position to now they'll
`only produce their witnesses if Mylan drops out, and
`we'd like to address that because we think that is a
`new position and it's highly prejudicial to Biogen
`because we should have a right to cross-examine any
`witnesses that are the basis for supporting a
`petition and the witnesses should not be able to be
`sort of put in and put out for the benefit of the
`petitioner. It's evidence presented against Biogen
`and we should be able to have an opportunity to
`cross-examine those witnesses.
` So we'd like to address those --
` JUDGE SNEDDEN: May I interrupt there for a
`second, Ms. McCurdy.
` So we joined -- if we join this case to the
`Mylan IPR, that would terminate this proceeding and
`therefore this petition won't exist. They would have
`to join the Mylan IPR -- an additional party to the
`Mylan IPR, but this proceeding will be terminated.
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`Page 6 of 20
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`

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`Conference Call
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`May 14, 2019
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` MS. McCURDY: But if Mylan were to drop
`out, that would have to be terminated as well because
`Sawai has no evidence that the board is allowed to
`rely upon.
` This case is different from other cases where
`you see a party seeking to be joined unconditionally
`withdrawing their evidence. Here, they're sort of
`holding them in the wings in abeyance. And that's
`their new position, that they'll only produce the
`witnesses if Mylan drops out of the IPR. And our
`position is that the basis for the petition
`supporting it is the additional witnesses and that if
`they were joined and Mylan were to drop out, that
`would have to be terminated as well. They have no
`relationship or permission to rely upon those
`witnesses. They're not their witnesses.
` And if Mylan were going to allow their witnesses
`to be relied upon by Sawai, they probably would have
`responded to the many, many, many inquiries Sawai has
`made to Mylan, but they have not.
` But further, Biogen should have an
`opportunity -- even if the first one is terminated,
`should have the opportunity to meet the evidence
`presented against it, because with the joinder, there
`would have to be an institution of the petition, and
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`Page 7 of 20
`
`

`

`Conference Call
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`IPR2019-00789
`
`May 14, 2019
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`the petition is based on evidence.
` If Mylan's never allowed to access those
`witnesses, they're not being permitted to see the
`evidence that was the basis for Sawai being in
`this -- being able to join this IPR at all.
` So our position would be we still should have an
`opportunity to get the witnesses against us that
`Sawai has brought and witnesses cannot be sort of
`used when they're useful and then dropped out. There
`really has to be unconditional withdrawals.
`Otherwise, they need to be incorporated into the
`schedule.
` There will also be -- there will need to be
`discovery on the RPI declarant that they have just
`put in in their reply paper. That's an outstanding
`new piece of evidence that's not common to the Mylan
`IPR, and that is an additional issue in this Sawai
`IPR.
` JUDGE SNEDDEN: I'm still having trouble
`following.
` If we limit right now the discussion to the idea
`of a sur-reply to respond to the opposition to -- for
`the motion joinder?
` MS. McCURDY: Yes, sure. What we would ask
`for is five pages instead of the three that Sawai has
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`Page 8 of 20
`
`

`

`Conference Call
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`IPR2019-00789
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`May 14, 2019
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`said they would not oppose, and we just simply would
`like to address the issues, not limited with respect
`to scope. We'd like to address both issues, the RPI
`issue that they raised in their reply and also the
`new position they raised in their reply.
` So that's all we're asking for today, an
`unfettered right to sur-reply based on the new issue
`and the new evidence put in the reply.
` JUDGE SNEDDEN: I see. And then you're
`asking five pages to respond to both the motion for
`joinder and issues related to RPI?
` MS. McCURDY: The new position taken in the
`reply, yes, related to the motion to joinder, and the
`new evidence on the RPI put in the reply, yes, Your
`Honor. And we ask for ten days to do that, if that
`would be acceptable.
` JUDGE SNEDDEN: I think I understand your
`request.
` Mr. Ferenc, would you like to respond?
` MR. FERENC: Sure. We'll take the first
`argument about the new issues.
` When Sawai contacted the board regarding the
`motion for joinder and requested guidance from the
`board with respect to Sawai's request of Mylan, the
`board wrote back what its understanding of Sawai's
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`Page 9 of 20
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`

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`IPR2019-00789
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`May 14, 2019
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`position was in view of Sawai's motion for joinder.
`And Sawai just communicated to Patent Owner that the
`panel's understanding was consistent with Sawai's
`position.
` So we're of the view that there is no new issues
`as confirmed by the panel's understanding in its
`e-mail to the parties. Specifically, because if the
`panel was able to understand the position of Sawai
`based on the opening brief, Biogen could have
`understood it as well and already had the opportunity
`to address that position in its opposition.
` So that's our basis for which we contend that a
`sur-reply on that issue is not necessary.
` As to the RPI issue, while we think as an
`initial matter, you know, Patent Owner has not made a
`prima facie case that any RPI issue exists, we did
`submit a declaration with our reply that more than
`anything clarified the facts that were already
`presented in Biogen's evidence that it relied on in
`its opposition, namely the two press releases that it
`cited.
` We think that this is a manufactured issue.
`There's no real RPI issue that exists. However, we
`do understand that we did submit a declaration. So
`we consented to Patent Owner's filing of a sur-reply
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`Page 10 of 20
`
`

`

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`May 14, 2019
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`limited to just the RPI issue and limiting it to
`three pages, which we think is sufficient given that
`we spent about the same amount of pages in our reply
`brief on that issue.
` JUDGE SNEDDEN: Okay. Understood.
` Okay. I think I understand the issues and so I
`guess before we confer, I'll just ask the parties --
`Ms. McCurdy, do you want to respond to that and I'll
`allow Mr. Ferenc to speak and then we'll confer?
` Ms. McCurdy, we can't hear you. Ms. McCurdy,
`are you responding?
` MS. McCURDY: I am so sorry. I had muted
`it. Excuse me. I'm sorry for the confusion. Yes, I
`did want to respond. Thank you, Your Honors.
` I wanted to just direct the attention of the
`board to the actual motion for joinder where on
`page 8, the only reference to the declarants and how
`they would be handled is conditioned on Mylan
`agreeing Sawai to allow them to rely upon those
`experts.
` So it is a new position. A new position is
`defined by what was in their motion and their
`original petition and what are they arguing now in
`reply. And there was no argument, nor really do we
`think there could be, that one can argue that they
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`Page 11 of 20
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`

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`Conference Call
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`IPR2019-00789
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`May 14, 2019
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`can bring in witnesses or pull out witnesses or not
`produce witnesses at their own choice.
` You know, they need to -- and I'm getting into
`substantive arguments here, but I'm simply making the
`point that this is a new argument. And as shown by
`reference to page 8 of the motion for joinder the
`idea that they can produce witnesses or not produce
`witnesses without Biogen having any say about it, we
`think the witnesses would need to be produced.
` So we would simply like to address the newness
`of that argument in the reply -- in the sur-reply
`that we're requesting.
` JUDGE SNEDDEN: Okay. I think, yeah, we've
`heard that and I think we understand that. So I
`think we can move on.
` Mr. Ferenc, anything else? I think it's a very
`simple issue. I think we have it, but I'll give you
`an opportunity to speak.
` MR. FERENC: I have nothing to add, Your
`Honor.
` JUDGE SNEDDEN: Thank you. If you just
`give us a few moments and we'll confer and come back
`with our decision. Thanks.
` MS. McCURDY: Thank you, Your Honors.
` (Pause in the proceedings.)
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`Page 12 of 20
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`

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`May 14, 2019
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` JUDGE SNEDDEN: Okay. We are back.
` So Ms. McCurdy?
` MS. McCURDY: Yes.
` JUDGE SNEDDEN: And Mr. Ferenc? Sorry if
`I'm mispronouncing it.
` MR. FERENC: No, that's fine. You got it
`right.
` JUDGE SNEDDEN: All right. Good.
` Before I get into our decision, I do want to
`just comment on one thing that the panel has noticed
`and that is with the e-mail requests that come in,
`there seems to be a lack of communication between the
`parties prior to e-mailing the board. So the panel
`would like to reiterate that we prefer parties to
`confer on these issues, including, you know, agree to
`a certain set of times that are appropriate for a
`teleconference and whatnot.
` I'm not sure what's going on, whether it's just
`delay in response or a little bit of impatience, I'm
`not sure. But I think the panel would definitely
`like to see more communication between the parties
`before reaching out to us. So I just want to make
`that statement so that -- before we move on and make
`sure that's clear with this case.
` MS. McCURDY: Understood, your Honor.
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`Page 13 of 20
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`Conference Call
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`IPR2019-00789
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`May 14, 2019
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`Thank you.
` MR. FERENC: Understood, Your Honor. Thank
`you very much.
` JUDGE SNEDDEN: So with respect to the
`matter at hand, we have decided to go ahead and grant
`a sur-reply and -- but that's going to be limited to
`the RPI issue, and it will be three pages and due in
`five business days.
` We've considered the issue, whether or not to
`grant additional briefing on the motion for joinder
`issue -- or for a sur-reply for the joinder issues.
`But we feel that we have the matter -- we understand
`the issues in front of us, which is the use of
`different declarations between the two cases, and
`don't need additional briefing on whether -- on the
`issue of whether to decide -- on how to decide on the
`motion for joinder. We're going to limit the
`sur-reply to the RPI issue.
` Let me go back. Was there a request for -- I
`think we'll end briefing with the sur-reply. And if
`there's -- I'll just pause there and see if there's
`any questions from the parties.
` Ms. McCurdy?
` MS. McCURDY: No questions, Your Honor.
` JUDGE SNEDDEN: And Mr. Ferenc?
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`Page 14 of 20
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`Conference Call
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`IPR2019-00789
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`May 14, 2019
`
`15
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` MR. FERENC: No questions, Your Honor.
` JUDGE SNEDDEN: Okay. Perfect.
` All right. With that, I'd like to thank both of
`you, and this call is adjourned. Have a good day.
` MS. McCURDY: Thank you, Your Honors.
` MR. FERENC: Thank you. Have a great day.
` (Proceedings concluded at 3:06 p.m.)
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`REPORTER'S CERTIFICATE
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`
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`I, Carrie LaMontagne, Certified Shorthand
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`Reporter within and for the State of California,
`
`License No. 13393, do hereby certify that the
`
`foregoing proceeding was reported by me on May 14,
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`2019, and was thereafter transcribed with
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`computer-aided transcription; that the foregoing is a
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`full, complete, and true record of said proceedings.
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`I further certify that there were present
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`before me on behalf of Sawai USA, Inc., and Sawai
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`Pharmaceutical Co., Ltd. Christopher B. Ferenc of
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`Katten Muchin Rosenman LLP, and on behalf of Biogen
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`MA Inc., Barbara C. McCurdy and Mark Feldstein of
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`Finnegan, Henderson, Farabow, Garrett & Dunner,
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`LLP.
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`I further certify that I am not of counsel
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`or attorney for either or any of the parties in the
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`foregoing proceedings and caption named or in any way
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`interested in the outcome of the cause in said
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`caption.
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` IN WITNESS WHEREOF, I have hereunto set my
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`hand and official seal this 15th day of May, 2019.
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`
`
`_____________________________
`CARRIE LAMONTAGNE, CSR #13393
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`
`
`Conference CallConference Call
`
`
`
`IPR2019-00789IPR2019-00789
`
`May 14, 2019May 14, 2019
`
`1
`
`A
`abeyance 7:8
`able 5:15 6:13
`6:16 8:5 10:8
`acceptable
`9:16
`access 8:2
`actual 11:16
`add 12:19
`additional
`6:24 7:12
`8:17 14:10
`14:15
`address 5:19
`6:9,18 9:2,3
`10:11 12:10
`addresses 5:8
`adjourned
`15:4
`Administrati...
`2:10
`afternoon 4:1
`4:6,16
`agree 13:15
`agreed 5:7
`agreeing
`11:19
`agreement
`5:24,25 6:6
`ahead 14:5
`allow 7:17
`11:9,19
`allowed 7:3
`8:2
`allows 6:4
`amount 11:3
`apparently
`5:24
`APPEAL 1:2
`appropriate
`13:16
`argue 11:25
`arguing 11:23
`
`argument 5:17
`9:21 11:24
`12:5,11
`arguments
`12:4
`asking 9:6,10
`attention
`11:15
`attorney 16:18
`Attorneys 3:3
`3:13
`authorization
`5:4
`Avenue 3:14
`B
`B 3:8 16:12
`back 9:25
`12:22 13:1
`14:19
`Barbara 3:16
`4:9,14 16:14
`based 6:1 8:1
`9:7 10:9
`basis 5:20
`6:12 7:11 8:4
`10:12
`behalf 4:18
`16:11,13
`benefit 6:14
`Biogen 1:9 4:9
`6:10,15 7:21
`10:9 12:8
`16:13
`Biogen's
`10:19
`bit 13:19
`board 1:2 7:3
`9:22,24,25
`11:16 13:13
`brief 10:9 11:4
`briefing 14:10
`14:15,20
`
`bring 12:1
`brought 8:8
`business 14:8
`C
`C 3:1,16 16:14
`California 2:13
`16:4
`call 4:24 5:2,4
`15:4
`caption 16:19
`16:21
`Carrie 2:12
`16:3
`case 6:21 7:5
`10:16 13:24
`cases 7:5
`14:14
`cause 16:20
`certain 13:16
`CERTIFICATE
`16:1
`Certified 2:12
`16:3
`certify 16:5,10
`16:17
`Chagnon 2:11
`4:3
`changed 6:7
`changing 5:20
`choice 12:2
`Chris 4:17
`Christopher
`3:8 4:21
`16:12
`cited 10:21
`clarified 10:18
`clear 13:24
`come 12:22
`13:11
`comment
`13:10
`common 8:16
`
`communicat...
`10:2
`communicat...
`13:12,21
`complete 16:9
`computer-ai...
`16:8
`concluded
`15:7
`conditioned
`11:18
`confer 11:7,9
`12:22 13:15
`confirmed
`10:6
`confusion
`11:13
`consented
`10:25
`considered
`14:9
`consistent
`10:3
`contacted
`9:22
`contend 10:12
`copy 4:24
`counsel 16:17
`court 2:12 4:7
`cross-exami...
`6:11,17
`D
`day 15:4,6
`16:23
`days 9:15 14:8
`DC 3:6,15
`decide 14:16
`14:16
`decided 14:5
`decision 12:23
`13:9
`declarant 8:14
`
`declarants 6:1
`6:2,4 11:17
`declaration
`5:13 10:17
`10:24
`declarations
`14:14
`defined 11:22
`definitely
`13:20
`delay 13:19
`different 5:22
`5:23 7:5
`14:14
`direct 11:15
`discovery 8:14
`discussion
`8:21
`drop 7:1,13
`dropped 8:9
`drops 6:8 7:10
`due 14:7
`Dunner 3:11
`16:15
`E
`
`E 3:1,1
`e-mail 10:7
`13:11
`e-mailing
`13:13
`either 16:18
`ESQ 3:8,16,17
`EST 2:7
`evidence 6:2
`6:15 7:3,7,23
`8:1,4,16 9:8
`9:14 10:19
`Excuse 11:13
`exist 6:23
`exists 10:16
`10:23
`expert 5:21,23
`
`
`
`202-220-4158202-220-4158
`
`
`Henderson Legal Services, Inc.Henderson Legal Services, Inc.
`
`www.hendersonlegalservices.comwww.hendersonlegalservices.com
`
`Page 17 of 20
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`

`

`Conference Call
`
`IPR2019-00789
`
`May 14, 2019
`2
`
`experts 11:20
`F
`facie 10:16
`facts 10:18
`far 6:6
`Farabow 3:11
`16:15
`feel 14:12
`Feldstein 3:17
`4:10 16:14
`Ferenc 3:8
`4:16,17,21
`4:22 9:19,20
`11:9 12:16
`12:19 13:4,6
`14:2,25 15:1
`15:6 16:12
`file 4:23 5:5,7
`filing 10:25
`fine 13:6
`Finnegan 3:11
`4:10 16:15
`first 7:22 9:20
`five 8:25 9:10
`14:8
`following 4:24
`8:20
`foregoing 16:6
`16:8,19
`front 14:13
`full 16:9
`further 7:21
`16:10,17
`G
`Garrett 3:11
`16:15
`getting 12:3
`give 12:17,22
`given 11:2
`go 14:5,19
`going 7:17
`
`13:18 14:6
`14:17
`good 4:1,6,16
`13:8 15:4
`grant 14:5,10
`great 15:6
`guess 11:7
`guidance 9:23
`H
`hand 14:5
`16:23
`handled 11:18
`Harlow 2:11
`4:3
`hear 11:10
`heard 12:14
`held 2:9
`Henderson
`3:11 4:10
`16:15
`hereunto
`16:22
`highly 6:10
`holding 7:8
`Honor 9:15
`12:20 13:25
`14:2,24 15:1
`Honors 4:6,16
`11:14 12:24
`15:5
`
`I
`idea 8:21 12:7
`impatience
`13:19
`included 5:13
`including
`13:15
`incorporated
`8:11
`initial 10:15
`inquiries 7:19
`
`institution
`7:25
`interested
`16:20
`interrupt 6:19
`introduce 4:8
`IPR 6:22,24,25
`7:10 8:5,17
`8:18
`IPR2019-007...
`1:12 4:4
`issue 8:17 9:4
`9:7 10:13,14
`10:16,22,23
`11:1,4 12:17
`14:7,9,11,16
`14:18
`issues 5:8 9:2
`9:3,11,21
`10:5 11:6
`13:15 14:11
`14:13
`J
`Jackie 2:11
`Jennifer 2:11
`join 6:21,24
`8:5
`joinder 5:14
`5:18 7:24
`8:23 9:11,13
`9:23 10:1
`11:16 12:6
`14:10,11,17
`joined 6:21 7:6
`7:13
`Judge 4:1,2,11
`4:15,19,23
`5:1 6:19 8:19
`9:9,17 11:5
`12:13,21
`13:1,4,8 14:4
`14:25 15:2
`
`Judges 2:10
`4:2
`
`K
`
`K 3:4
`Katten 3:2
`4:17,22
`16:13
`know 10:15
`12:3 13:15
`L
`lack 13:12
`LaMontagne
`2:12 16:3
`length 5:10
`License 16:5
`limit 8:21
`14:17
`limitation 5:16
`limitations 5:6
`limited 9:2
`11:1 14:6
`limiting 11:1
`line 4:2,5,7,11
`little 13:19
`LLP 3:2,12
`16:13,16
`longer 5:7
`M
`MA 1:9 16:14
`making 12:4
`manufactured
`10:22
`Mark 3:17 4:10
`16:14
`matter 10:15
`14:5,12
`McCURDY
`3:16 4:6,9,13
`4:14,23,25
`5:1,3 6:20
`
`7:1 8:24 9:12
`11:8,10,10
`11:12 12:24
`13:2,3,25
`14:23,24
`15:5 16:14
`meet 7:23
`mispronoun...
`13:5
`moments
`12:22
`motion 5:14
`5:18 8:23
`9:10,13,23
`10:1 11:16
`11:22 12:6
`14:10,17
`move 12:15
`13:23
`Muchin 3:2
`4:17,22
`16:13
`muted 11:12
`Mylan 5:22,24
`5:25 6:3,6,8
`6:22,24,25
`7:1,10,13,17
`7:20 8:16
`9:24 11:18
`Mylan's 8:2
`N
`
`N 3:1
`name 4:19,21
`named 16:19
`necessary
`10:13
`need 8:11,13
`12:3,9 14:15
`never 8:2
`new 3:14 5:17
`6:10 7:9 8:16
`9:5,7,8,12,14
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`Page 18 of 20
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`

`

`Conference Call
`
`IPR2019-00789
`
`May 14, 2019
`3
`
`9:21 10:5
`11:21,21
`12:5
`newness
`12:10
`North 3:5
`noticed 13:10
`NW 3:4,14
`O
`object 5:6
`OFFICE 1:1
`official 16:23
`Okay 11:5,6
`12:13 13:1
`15:2
`opening 10:9
`opportunity
`6:16 7:22,23
`8:7 10:10
`12:18
`oppose 9:1
`opposition5:9
`8:22 10:11
`10:20
`original 5:18
`6:3 11:23
`outcome
`16:20
`outstanding
`8:15
`Owner 1:10
`3:13 4:5,9,12
`4:13 10:2,15
`Owner's 10:25
`P
`
`P 3:1,1
`p.m 2:7 15:7
`page 11:17
`12:6
`pages 8:25
`9:10 11:2,3
`
`14:7
`panel 10:8
`13:10,13,20
`panel's 10:3,6
`paper 5:14
`8:15
`particular 5:12
`parties 10:7
`11:7 13:13
`13:14,21
`14:22 16:18
`party 6:24 7:6
`Patent 1:1,2
`1:10,13 2:10
`3:13 4:5,9,12
`4:13 10:2,15
`10:25
`pause 12:25
`14:21
`Perfect 15:2
`permission
`7:15
`permitted 8:3
`petition 5:21
`6:1,13,23
`7:11,25 8:1
`11:23
`petitioner 4:15
`5:5,18 6:15
`petitioners 1:7
`3:3 4:18
`Pharmaceut...
`1:6 16:12
`piece 8:16
`point 12:5
`position 6:3,7
`6:10 7:9,11
`8:6 9:5,12
`10:1,4,8,11
`11:21,21
`prefer 13:14
`prejudicial
`6:10
`
`present 16:10
`presented
`6:15 7:24
`10:19
`press 10:20
`prima 10:16
`prior 13:13
`probably7:18
`proceeding
`6:22,25 16:6
`proceedings
`2:9 12:25
`15:7 16:9,19
`produce 6:8
`7:9 12:2,7,7
`produced 12:9
`pull 12:1
`put 6:14,14
`8:15 9:8,14
`Q
`questions
`14:22,24
`15:1
`
`R
`
`R 3:1
`raise 5:17
`raised 5:8 9:4
`9:5
`reaching
`13:22
`real 10:23
`really 5:10,15
`8:10 11:24
`record 16:9
`reference
`11:17 12:6
`regarding 9:22
`reiterate 13:14
`related 9:11,13
`relationship
`7:15
`
`releases 10:20
`reliance 5:20
`relied 5:22
`7:18 10:19
`rely 5:25 6:4
`7:4,15 11:19
`reply 5:9,12,14
`8:15 9:4,5,8
`9:13,14
`10:17 11:3
`11:24 12:11
`reported 16:6
`reporter 2:12
`4:7 16:4
`REPORTER'S
`16:1
`request 9:18
`9:24 14:19
`requested 5:2
`5:4 9:23
`requesting
`12:12
`requests
`13:11
`respect 5:9 9:2
`9:24 14:4
`respond 5:15
`8:22 9:10,19
`11:8,14
`responded
`7:19
`responding
`11:11
`response
`13:19
`right 5:1 6:11
`8:21 9:7 13:7
`13:8 15:3
`Rosenman 3:2
`4:17,22
`16:13
`RPI 8:14 9:3
`9:11,14
`
`10:14,16,23
`11:1 14:7,18
`S
`
`S 3:1
`Sawai 1:6,6
`4:18 6:4,4
`7:3,18,19 8:4
`8:8,17,25
`9:22 10:2,8
`11:19 16:11
`16:11
`Sawai's 9:24
`9:25 10:1,3
`schedule 8:12
`scope 5:10 9:3
`seal 16:23
`second 6:20
`secondly 5:17
`see 7:6 8:3 9:9
`13:21 14:21
`seek 5:4,25
`seeking 7:6
`set 13:16
`16:22
`Sheridan 2:10
`Shorthand
`16:3
`shown 12:5
`simple 12:17
`simply 9:1
`12:4,10
`Snedden 2:10
`4:1,2,11,15
`4:19,23 5:1
`6:19 8:19 9:9
`9:17 11:5
`12:13,21
`13:1,4,8 14:4
`14:25 15:2
`sorry 11:12,13
`13:4
`sort 6:14 7:7
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`Page 19 of 20
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`

`

`Conference Call
`
`IPR2019-00789
`
`May 14, 2019
`4
`
`7:16,17 8:3,7
`8:8 12:1,1,2
`12:7,8,9
`wrote 9:25
`
`9
`901 3:14
`
`X Y
`
`yeah 12:13
`York 3:14
`
`Z 0 1
`
`13393 16:5
`14 2:6 16:6
`15th 16:23
`2
`200 3:5
`20001 3:15
`20007 3:6
`2019 2:6 16:7
`16:23
`202 3:7
`2900 3:4
`3
`3:01 2:7
`3:06 15:7
`
`4 5 6
`
`625-3647 3:7
`
`7 8
`
`8 11:17 12:6
`8,399,514 1:13
`
`8:8
`sought 5:6
`speak 11:9
`12:18
`specifically
`5:20 10:7
`spent 11:3
`State 2:13 16:4
`statement
`13:23
`STATES1:1
`Street 3:4
`submit 10:17
`10:24
`substantive
`12:4
`sufficient 11:2
`Suite 3:5
`supporting
`6:12 7:12
`sur-reply 5:5,7
`5:10,15 8:22
`9:7 10:13,25
`12:11 14:6
`14:11,18,20
`sure 4:21 8:24
`9:20 13:18
`13:20,24
`T
`take 9:20
`taken 9:12
`teleconferen...
`4:3 13:17
`Telephonic
`2:9
`ten 9:15
`terminate 6:22
`terminated
`6:25 7:2,14
`7:22
`testimony 5:21
`thank 5:3
`
`11:14 12:21
`12:24 14:1,2
`15:3,5,6
`Thanks 12:23
`thing 13:10
`things 5:13
`think 5:2 6:9
`9:17 10:14
`10:22 11:2,6
`11:25 12:9
`12:13,14,15
`12:16,17
`13:20 14:20
`three 8:25 11:2
`14:7
`time 4:20
`times 13:16
`today9:6
`Tower 3:5
`TRADEMARK
`1:1
`transcribed
`16:7
`transcript 4:24
`transcription
`16:8
`TRIAL 1:2
`trouble 8:19
`true 16:9
`two 5:12 10:20
`14:14
`U
`U.S 1:13
`unconditional
`8:10
`uncondition...
`7:6
`understand
`6:6 9:17 10:8
`10:24 11:6
`12:14 14:12
`understandi...
`
`9:25 10:3,6
`understood
`10:10 11:5
`13:25 14:2
`unfettered 9:7
`UNITED 1:1
`USA 1:6 16:11
`use 14:13
`useful 8:9
`V
`
`v 1:8
`view 10:1,5
`W
`want 11:8,14
`13:9,22
`wanted 11:15
`Washington
`3:6,15
`way 16:19
`we'll 9:20 11:9
`12:22 14:20
`we're 9:6 10:5
`12:12 14:17
`we've 12:13
`14:9
`whatnot 13:17
`WHEREOF
`16:22
`wholly 5:23
`wings 7:8
`withdraw 6:5
`withdrawals
`8:10
`withdrawing
`7:7
`WITNESS
`16:22
`witnesses
`5:22,23 6:8
`6:12,13,17
`7:10,12,16
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`Page 20 of 20
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