UNITED STATES PATENT AND TRADEMARK OFFICE
`__________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________
`
`MYLAN PHARMACEUTICALS INC.,
`Petitioner,
`
`v.
`
`MERCK SHARP & DOHME CORP.,
`Patent Owner.
`__________________
`
`Case No. IPR2020-00040
`U.S. Patent No. 7,326,708
`__________________
`
`DECLARATION OF JOANNE DIDDLE
`
`Merk Sharp & Dohme Corp. Exhibit 2005
`Mylan Pharmaceuticals Inc. v. Merk Sharp & Dohme Corp.
`IPR2020-00040
`Page 1
`
`

`

`I, Joanne Diddle, hereby declare as follows:
`
`1.
`
`I am employed by Merck Sharp & Dohme Corp. (“Merck”) as an
`
`Associate Specialist, Shared Services Human Resources. I joined Merck on April
`
`16, 1990, and began working in personnel records on October 1, 1993. Through
`
`my employment at Merck, I have personal knowledge of Merck’s recordkeeping
`
`policies with respect to HR personnel records.
`
`2.
`
`HR personnel files and records at Merck are currently managed
`
`digitally using either electronic systems. Prior to the implementation of a digital
`
`system in 2004, these records were kept and maintained in hardcopy paper form.
`
`Starting in or around approximately 2016, hardcopy paper records were scanned
`
`and entered into the new digital system.
`
`3.
`
`New Merck employees sign a document called Conditions of
`
`Employment (COE) as part of the onboarding process. The COE is collected by
`
`the company onboarding representative and then maintained in the HR personnel
`
`file of each employee.
`
`4.
`
`Attached as Appendix A to this declaration is a true and correct copy
`
`of the COE for Scott D. Edmondson signed September 1998.
`
`5.
`
`Attached as Appendix B to this declaration is a true and correct copy
`
`of the COE for Michael H. Fisher signed May 1963.
`
`Merk Sharp & Dohme Corp. Exhibit 2005
`Mylan Pharmaceuticals Inc. v. Merk Sharp & Dohme Corp.
`IPR2020-00040
`Page 2
`
`

`

`6.
`
`Attached as Appendix C to this declaration is a true and correct copy
`
`of the COE for Dooseop Kim signed August 1990.
`
`7.
`
`Attached as Appendix D to this declaration is a true and correct copy
`
`of the COE for Malcolm MacCoss signed August 1982.
`
`8.
`
`Attached as Appendix E to this declaration is a true and correct copy
`
`of the COE for Emma R. Parmee signed August 1990.
`
`9.
`
`Attached as Appendix F to this declaration is a true and correct copy
`
`of the COE for Ann E. Weber signed August 1987.
`
`10. Attached as Appendix G to this declaration is a true and correct copy
`
`of the COE for Jinyou Xu signed March 2000.
`
`11. Attached as Appendix H to this declaration is a true and correct copy
`
`of the COE for Stephen H. Cypes signed March 2003.
`
`12. Attached as Appendix I to this declaration is a true and correct copy
`
`of the COE for Minhua (Alex) Chen signed August 2002.
`
`13. Attached as Appendix J to this declaration is a true and correct copy
`
`of the COE for Russell R. Ferlita. The second page to Dr. Ferlita’s COE is
`
`missing, however, I believe this to be Dr. Ferlita’s COE because I located it in his
`
`HR personnel file.
`
`14. Based on Merck’s records, Dr. Ferlita began working at Merck on
`
`September 5, 2000, prior to the creation of the digital system currently used to
`
`Merk Sharp & Dohme Corp. Exhibit 2005
`Mylan Pharmaceuticals Inc. v. Merk Sharp & Dohme Corp.
`IPR2020-00040
`Page 3
`
`

`

`manage HR personnel files and records. As such, Dr. Ferlita’s COE would have
`
`initially been kept in hardcopy paper form and later digitized in or after
`
`approximately 2016.
`
`15. Attached as Appendix K to this declaration is a true and correct copy
`
`of the Terms and Conditions of Employment document for Russell Ferlita signed
`
`August 2005. The Terms and Conditions of Employment document explains to a
`
`departing employee that certain provisions of the COE document they signed when
`
`they were hired apply beyond their termination.
`
`16. Attached as Appendix L to this declaration is a true and correct copy
`
`of the COE for Karl B. Hansen signed December1992.
`
`17. Attached as Appendix M to this declaration is a true and correct copy
`
`of the COE for Ivan Lee signed September 2001.
`
`18. Attached as Appendix N to this declaration is a true and correct copy
`
`of the COE for Vicky K. Vydra signed June 2001.
`
`19. Attached as Appendix O to this declaration is a true and correct copy
`
`of the COE for Robert M. Wenslow signed December 1997.
`
`*
`
`*
`
`*
`
`I hereby declare that all statements made herein of my own knowledge 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
`
`Merk Sharp & Dohme Corp. Exhibit 2005
`Mylan Pharmaceuticals Inc. v. Merk Sharp & Dohme Corp.
`IPR2020-00040
`Page 4
`
`

`

`Merk Sharp & Dohme Corp. Exhibit 2005
`Mylan Pharmaceuticals Inc. v. Merk Sharp & Dohme Corp.
`IPR2020-00040
`Page 5
`
`

`

`
`
`
`Appendix A
`
`
`
`
`Merk Sharp & Dohme Corp. Exhibit 2005
`Mylan Pharmaceuticals Inc. v. Merk Sharp & Dohme Corp.
`IPR2020-00040
`Page 6
`
`

`

`:RCK & CO., INC.
`
`CONDITIONS OF EMPLOYMENT FOR NON-UNION EMPLOYEES
`
`The purpose of this statement is to define the conditions which a new employee accepts when joining
`
`Merck & Co., Inc., or its subsidiaries, (“the Company"). The employee’s signature indicates an
`
`understanding of this statement and an agreement by the new employee to abide by it.
`
`1.1 will abide by all the policies and regulations of the Company (and will participate in the various
`
`employee benefit Plans offered to me when requested to do so by the Company).
`
`2. I will devote my best efforts to the service of the Company, I will perform to the best of my ability
`
`such duties as may be assigned to me, and I will not engage in other employment and/or activities that
`
`conflict with or impair my obligations as an employee of the Company.
`
`3. I will not, during or any time after the period of my employment by the Company, use for myself or
`
`others or divulge or convey to others any information, knowledge, data or property relating to the
`
`Company’s business, developed, learned or in any way obtained by me during the course of my
`
`employment other than published material properly in the public domain, unless authorized by the
`
`Company in writing or by established Company procedures. This includes, but is not limited to
`
`information, knowledge, data or property concerning any process, apparatus or product manufactured,
`
`used, developed, investigated or considered by the Company.
`
`4. All memoranda, notes, records, papers or other documents (and all copies thereof) relating to the
`
`Company’s business and all property associated therewith (such as but not confined to organisms,
`
`compounds, and models) in any way authored or obtained by me while employed by the Company,
`
`including any copyright therein, shall be the Company’s property, and will not be removed from the
`
`Company premises without written authorization from the appropriate supervisor, and shall be delivered
`
`by me to the Company on termination of employment or at any time on the Company’s request together
`
`with my written certification of compliance. This includes but is not limited to such documents and
`
`property concerning any process, apparatus or product manufactured, used, developed, investigated or
`
`considered by the Company.
`
`5. All manuals, handbooks, employee identification cards and passes, credit cards and other similar
`
`items of Company property will be surrendered by me to the Company promptly on my termination of
`
`employment. I understand that I have the right to retain copies of Summary Plan Descriptions
`
`describing the Company’s benefits plans after my termination from employment.
`
`6. All inventions and technical or business innovations developed or conceived by me solely or jointly
`
`with others during the period of my employment (1) that are along the lines of the activities, operations,
`
`work or investigations of the Company or its affiliates to which my employment relates or as to which I
`
`may receive information due to my employment, or (2) that result from or are suggested by any work
`
`which I may do for the Company shall be the Company’s property.
`
`Merk Sharp & Dohme Corp. Exhibit 2005
`Mylan Pharmaceuticals Inc. v. Merk Sharp & Dohme Corp.
`IPR2020-00040
`Page 7
`
`

`

`Conditions of Employment for Non-Uni^TCmployees (Continued)
`
`7. With regard to aii inventions or discoveries within Paragraph 6 above,
`
`(a) I will make a full and complete disclosure to the Company of such inventions or discoveries, inciuding any
`
`and ail information in my possession reiating to the patentability of such inventions or discoveries;
`
`(b) I will execute patent applications and other instruments considered necessary or desirable by the Company
`
`or required by statue to appiy for and obtain Letters Patent of the United States and foreign countries covering
`
`such inventions or discoveries, and wiil cooperate with and assist the Company in any proceedings necessary to
`
`obtain and/or enforce such patents; and
`
`(c) I will make assignments and execute other instruments necessary to convey to the Company ownership and
`
`exclusive rights in such inventions, discoveries, patent applications, and patents.
`
`8. With regards to aii inventions and discoveries which are the property of the Company or in which the Company
`
`owns exclusive rights, I will, when requested by the Company, cooperate with and assist the Company and
`
`execute documents or other instruments in any proceedings deemed necessary or desirable by the Company to
`
`obtain and/or enforce patents thereon.
`
`9. The above obiigations in Paragraph 7 and 8 shall continue beyond the termination of employment with respect
`
`to inventions or discoveries conceived or made by me during the period of employment and shall be binding upon
`
`my assigns, executors, administrators and other iegal representatives.
`
`10. By signing below, I acknowledge that I have been or will be assigned a temporary Personai Identification
`
`Number (PIN), which will allow me, if eligibie, to use eiectronic or teiephone means of enroiling in Merck’s flex
`
`benefit pians and other technological applications. I understand that I may change my PIN at any time. By
`
`signing this form and using my PIN, I authorize the Company to take pay deductions from my pay according to my
`
`eiections. Further, I understand that my PIN is solely for my use and I agree that I am responsible for
`
`safeguarding it from misuse by others.
`
`11. I recognize that my entitlement to vacation pay is earned over time during the year. I aiso understand that,
`
`pursuant to the Company’s vacation policy, the Company may advance vacation pay to me by ailowing me to take
`
`vacation before I have earned the full amount of my vacation pay. In the event that my employment with the
`
`Company ceases, I hereby authorize the Company to withhold from my final paycheck the amount of money, if
`
`any, that I previousiy received as an advance on unearned vacation.
`
`initiai
`
`^
`
`12. Neither the above understanding nor any statements made by or on behalf of the Company shall be construed
`
`to create any promise or contractual right to employment or to the benefits of empioyment. The Company or I
`
`may terminate the empioyment reiationship without notice at any time and for any reason. I understand that no
`
`employee of the Company is permitted or authorized to enter into any written or unwritten agreement which
`
`interferes with my or the Company’s ability to terminate the employment relationship without notice at any time
`
`and for any reason, except through an express corporate grant of authority.
`
`initial
`
`^
`
`Name of New Employee
`
`Scott
`
`Signature of New Employee
`
`AUTOMATE.XLS (Version 1.4) 01/01/1998
`
`Merk Sharp & Dohme Corp. Exhibit 2005
`Mylan Pharmaceuticals Inc. v. Merk Sharp & Dohme Corp.
`IPR2020-00040
`Page 8
`
`

`

`
`
`
`Appendix B
`
`
`
`
`Merk Sharp & Dohme Corp. Exhibit 2005
`Mylan Pharmaceuticals Inc. v. Merk Sharp & Dohme Corp.
`IPR2020-00040
`Page 9
`
`

`

`MERCK & CO
`
`• r
`
`INC.
`
`E M P L O Y M E N T
`
`A G R E E M E N T
`
`Michael H._c isfatn_______________________ ( has discussed with representatives
`The F.mplnyee,
`of MERCK & CO. , INC his employment by the Company, and mutually satisfactory terms and conditions
`have been agreed upon.
`In order to avoid any possible misunderstandings, i t seems advisable to put
`in writing some of these terms and conditions, and indicate our mutual acceptance of them, as follows:
`
`19 63 .
`(1) The employment agreement w ill start as o f____________May I
`) per
`(2) The salary rate agreed upon is. Nine Hundred F ifty and 0 ' nnn BrR (.% 9 5 0 .0 0
`month, payable by the Company in monthly or semi-monthly installm ents. Future rates of salary w ill
`depend, of course, on the Employee’s performance.
`In order that such salaries w ill be administered
`equitably, the Company has adopted a Salary Administration Plan which regulates salary changes.
`
`(3) The Company has adopted certain p o licies for the benefit of its employees with regard to
`vacation with pay, hospitalization, and participation in pension, group insurance, and d isa b ility
`benefit plans. The Employee shall be en titled to the benefits of these p o licies as they presently
`ex ist or as they may be modified by the Company from time to time.
`
`(4) The Employee shall conform to the Company’s established rules and regulations, shall devote
`his best efforts to the service of the Company, shall perform such duties as may be assigned to him,
`and shall not engage in other employment and/or assignment that co n flicts with or impairs his obliga-
`tions as an employee of the Company.
`
`(5) The Employee shall not use for himself or others or divulge to others any secret or confi-
`dential information, knowledge or data of the Company obtained by him as a result of his employment,
`unless authorized by the Company in writing. As a guide for the Employee, it may be said that in
`general any unpublished information is secret and confidential.
`
`(6) A ll memoranda, notes, records, or other documents made or compiled by the Employee or made
`available to him while employed, concerning any process, apparatus, or product manufactured, used,
`developed, investigated, or considered by the Company sh all be the Company’s property, and shall be
`delivered to the Company on termination of employment or at any other time on request.
`
`(7) A ll inventions or discoveries relating to the Company’s business which the Employee con-
`ceives or makes while employed by the Company sh all be the Company's property. Any invention relating
`to the Company’s business disclosed by the Employee within one year following the termination of th is
`employment shall be deemed to fa ll within th is provision, unless proved to have been conceived and
`made following such termination. Whenever requested by the Company, whether during or subsequent to
`th is employment, the Employee shall execute patent applications and other instruments considered*
`necessary by the Company to apply for and obtain Letters Patent of the United States and foreign coun-
`t iie s covering such inventions or discoveries; and shall make assignments and execute other instruments
`necessary to convey to the Company ownership and exclusive rights in such inventions, discoveries,
`patent applications, and patents. The Company shall bear a ll expenses connected with such patents,
`patent applications, and maintenance of patent protections, and i f services in connection therewith are
`performed by the Employee at the request of the Company after termination of th is employment, the Com-
`pany shall pay reasonable compensation for such postemployment services.
`
`Merk Sharp & Dohme Corp. Exhibit 2005
`Mylan Pharmaceuticals Inc. v. Merk Sharp & Dohme Corp.
`IPR2020-00040
`Page 10
`
`

`

`- 2 -
`
`Either party may terminate this employment at any time for violation of any provision of
`(8)
`this agreement or for other proper cause, and may terminate such employment without cause upon two
`(2) months’ prior notice in writing to the other, provided, however, that the obligations of para-
`graphs (5), (6) and (7) shall continue after termination of employment for any reason, and are
`binding on the Employee and his heirs, executors, administrators, or assigns.
`
`EXECUTED
`
`in duplicate t h is ____ 'S ^ . dav o f _____ ______________ , 19 ^ 3 .
`
`N V V V
`EMPLOYEE
`
`_____________
`
`5o\ TScycJRSTJVN
`
`ADDRESS
`
`MERCK & CO. ,
`
`INC.
`
`Witness
`
`A t t e s t :
`
`ASSISTANT SECRETARY
`
`R- 6 « l . 2- 0
`
`Merk Sharp & Dohme Corp. Exhibit 2005
`Mylan Pharmaceuticals Inc. v. Merk Sharp & Dohme Corp.
`IPR2020-00040
`Page 11
`
`

`

`
`
`
`Appendix C
`
`
`
`
`Merk Sharp & Dohme Corp. Exhibit 2005
`Mylan Pharmaceuticals Inc. v. Merk Sharp & Dohme Corp.
`IPR2020-00040
`Page 12
`
`

`

`•
`•
`M E R C K & CO., INC.
`
`CONDITIONS OF EMPLOYMENT
`
`Prepare in Duplicate
`
`The purpose of this itaiement is to define the conditions wb*ch a new employee accepts when joining Merck &
`C a, ln& (“the Company^ The employee's signature indicates an understanding of this statement and an agree*
`ment by the new employee to abide by iL
`
`1.
`
`2.
`
`I will abide by aD the policies and regulations of the Company and will paitidpate in the various employee
`benefit Plans offered to me when requested to do so by the Company.
`
`I will devote my best efforts to the service of the Company, I will perform to the best of my ability such
`duties as may be assigned to ma> and I will not engage in other employment and/or activities that conflict
`with or impair my obbgations as an employee of the Company.
`
`3.
`
`I will not, during or at any time after the period of my employment by the Company, use for myself or
`others or divulge or convey to others any information, knowledge, data or property relating to the Com*
`pany*s business, developed, learned or in any way obtained by me during the course of my employment
`ether
`published material properly in the public domain, unless authorized by the Company in
`writing or by established Company procedures. This includes, but is not limited to information,
`knowledge, data or property concerning any process, apparatus or product manufacsuied, used,
`develop^, investigated or considered ^ the Company.
`4. All memoranda, notes, records, papers or other documents (and aU copies thereof) relating to the Com*
`pany*s business and all property associated therewith (such as but not confined to organisms, compounds,
`and models) in any way authored or obtained by me while employed by the Company, including any
`copyright therein, shall be the Company's property, and will not be removed from the Company premises
`without writtec autborizatioc from the appropriate supervisor, and shall be delivered by me to the Com*
`pany on termination of cmploymes] or at azry time oo i2>e Company's request together with my written
`certification of complianct This includes but is not limited to such documents and property concerning
`any
`apparatus oi product manufactured, used, developed, investigated or considered by the
`Company.
`
`5. All manuals, handbooks, employee identification cards and passes, credit cards and other similar items of
`Company property will be surrendered by me to the Company promptly on my termination of
`employmenL
`
`6. All inventions and tx-Vniral or business innovations developed or conceived by me soley or jointly with
`others during the period of my employment (1) that are along the lines of the activities, operations, work
`or investigations of the Company or iu affiliates to which my employment relates or as to which I may
`receive information due to my employment, or (2) that result from or are suggested by any work which I
`au(y do for the Ctanpury shah be the Company's property.
`
`7. With regard to all bvcstktts or dlozovnka within Faxagraphf above;
`
`(a)
`
`I will make a full and complete disclosure to the Company of » cb inventions or discewenes,
`including any and all information in my possesses relating to the peieni-abQsty of such inventions or
`discoveries; and
`
`Merk Sharp & Dohme Corp. Exhibit 2005
`Mylan Pharmaceuticals Inc. v. Merk Sharp & Dohme Corp.
`IPR2020-00040
`Page 13
`
`

`

`- 2-
`
`(b)
`
`I wiU execute peteot tppb'cations aad other instrunents considered necessary or desirable by the
`Company or required ty statute to apply for and obtain Letters Patent of the United Sutes and
`foreign countries covering such inventions or discoveries, and will cooperate with and assist the Com*
`pany in any proceedings necessary to obtain and/or enforce such patents;
`
`(c)
`
`I will make assignments and execute other instruments necessary to convey to the Company owner-
`ship and exclusive rights in such inventions, discoveries, patent applications and patents.
`
`With regard to all inventions and discoveries which are the property of the Company or in which the Com-
`pany owns exclusive rights, 1 will, when requested by the Company, cooperate with and assist the Com-
`pany and execute documents or other instruments in any proceedings deemed necessary or desirable by
`the Company to obtain and/or eitforce patents thereon.
`
`9.
`
`10.
`
`The above obligations in Paragraph 7 and 8 shall continue beyond the termination of employment with
`respect to inventions or discoveries concaved or made by me during the period of employment and shall
`be binding upon my assigns, executors, administrators and other legal lepresentativea.
`
`Neither the above understanding nor any statements made by or on behalf of the Company shall be con-
`strued to create any promise or contractual right to employment or to the benefits of employment. The
`Company or I may terminate the employment relationship at any time and for any reason.
`
`Signature of New Employee
`
`Date
`
`f P
`
`.
`
`Date
`
`Merk Sharp & Dohme Corp. Exhibit 2005
`Mylan Pharmaceuticals Inc. v. Merk Sharp & Dohme Corp.
`IPR2020-00040
`Page 14
`
`

`

`
`
`
`Appendix D
`
`
`
`
`Merk Sharp & Dohme Corp. Exhibit 2005
`Mylan Pharmaceuticals Inc. v. Merk Sharp & Dohme Corp.
`IPR2020-00040
`Page 15
`
`

`

`M E R C K
`
`*
`
`& C O . , I n c .
`
`CONDITIONS OF EMPLOYMENT
`
`Prepare in Duplicate
`
`The purpose of this statement is to define the conditions which a new employee accepts when
`joining Merck & Co., Inc. (“the Company”). The employee’s signature indicates an understanding
`of this statement and an agreement by the new employee to abide by it.
`
`1.
`
`2.
`
`3.
`
`I will abide by all the policies and regulations of the Company and will participate in the
`various employee benefit Plans offered to me when requested to do so by the Company.
`
`I will devote my best efforts to the service of the Company, I will perform to the best of
`my ability such duties as may be assigned to me, and I will not engage in other employment
`and/or activities that conflict with or unpair my obligations as an employee of the Company.
`
`I will not, during or at any time after the period of my employment by the Company, use
`for myself or others or divulge or convey to others any information, knowledge, data or
`property relating to the Company’s business, developed, learned or in any way obtained by
`me during the course of my employment other than published material properly in the
`public domain, unless authorized by the Company in writing or by established Company
`procedures. This includes, but is not limited to information, knowledge, data or property
`concerning any process, apparatus or product manufactured, used, developed, investigated
`or considered by the Company.
`
`4. All memoranda, notes, records, papers or other documents (and all copies thereof) relating
`to the Company’s business and all property associated therewith (such as but not confined
`to organisms, compounds, and models) in any way authored or obtained by me while em-
`ployed by the Company shall be the Company’s property, and will not be removed from
`the Company premises without written authorization from the appropriate supervisor, and
`shall be delivered by me to the Company on termination of employment or at any time on
`the Company’s request together with my written certification of compliance. This includes
`but is not limited to such documents and property concerning any process, apparatus or
`product manufactured, used, developed, investigated or considered by the Company.
`
`5. All manuals, handbooks, employee identification cards and passes, credit cards and other
`similar items of Company property will be surrendered by me to the Company promptly
`on my termination of employment.
`
`6. All inventions and technical or business innovations developed or conceived by me solely or
`jointly with others during the period of my employment (1) that are along the lines of the activi-
`ties, operations, work or investigations of the Company or its affiliates to which my employment
`relates or as to which I may receive information due to my employment, or (2) that result from
`or are suggested by any work which I may do for the Company shall be the Company’s property.
`
`Merk Sharp & Dohme Corp. Exhibit 2005
`Mylan Pharmaceuticals Inc. v. Merk Sharp & Dohme Corp.
`IPR2020-00040
`Page 16
`
`

`

`f
`
`- 2-
`
`7. With regard to all inventions or discoveries within Paragraph 6 above,
`
`(a)
`
`(b)
`
`I will make a full and complete disclosure to the Company of such inventions or dis-
`coveries, including any and all information in my possession relating to the patent-
`ability of such inventions or discoveries; and
`
`I will execute patent applications and other instruments considered necessary or
`desirable by the Company or required by statute to apply for and obtain Letters
`Patent of the United States and foreign countries covering such inventions or dis-
`coveries, and will cooperate with and assist the Company in any proceedings necessary
`to obtain and/or enforce such patents;
`
`(c)
`
`I will make assignments and execute other instruments necessary to convey to the
`Company ownership and exclusive rights in such inventions, discoveries, patent appli-
`cations and patents.
`
`8. With regard to all inventions and discoveries which are the property of the Company or in
`which the Company owns exclusive rights, I will, when requested by the Company, co-
`operate with and assist the Company and execute documents or other instruments in any
`proceedings deemed necessary or desirable by the Company to obtain and/or enforce
`patents thereon.
`
`9. The above obligations in Paragraph 7 and 8 shall continue beyond the termination of employ-
`ment with respect to inventions or discoveries conceived or made by me during the period of
`employment and shall be binding upon my assigns, executors, administrators and other legal
`representatives.
`
`Signature of New Employee
`
`Date
`
`-^v-'
`
`C-641-D REV. 8/81
`
`Merk Sharp & Dohme Corp. Exhibit 2005
`Mylan Pharmaceuticals Inc. v. Merk Sharp & Dohme Corp.
`IPR2020-00040
`Page 17
`
`

`

`
`
`
`Appendix E
`
`
`
`
`Merk Sharp & Dohme Corp. Exhibit 2005
`Mylan Pharmaceuticals Inc. v. Merk Sharp & Dohme Corp.
`IPR2020-00040
`Page 18
`
`

`

`M E R C K & C O . , I N C .
`
`CONDITIONS OF EMPLOYMENT
`
`Prepare in Duplicate
`
`The purpose of this statement is to define the conditions which a new employee accepts when joining Merck &
`Co., Inc. (“the Company”). The employee’s signature indicates an understanding of this statement and an agree-
`ment by the new employee to abide by it.
`
`1.
`
`2.
`
`3.
`
`4.
`
`5.
`
`6.
`
`I will abide by all the policies and regulations o f the Company and will participate in the various employee
`benefit Plans offered to me when requested to do so by the Company.
`
`I will devote my best efforts to the service of the Company, I will perform to the best of my ability such
`duties as may be assigned to me, and I will not engage in other employment and/or activities t ^ t conflict
`with or impair my obligations as an employee of the Company.
`
`I will not, during or at any time after the period o f my employment by the Company, use for myself or
`others or divulge or convey to others any information, knowledge, data or property relating to the Com-
`pany’s business, developed, learned or in any way obtained by me during the course of my employment
`other than published material properly in the public domain, unless authorized by the Company in
`writing or by established Company procedures. This includes, but is not limited to information,
`knowledge, data or property concerning any process, apparatus or product manufactmed, used,
`developed, investigated or considered by the Company.
`'
`
`All memoranda, notes, records, papers or other documents (and all copies thereof) relating to the Com-
`pany’s business and all property associated therewith (such as but not confined to organisms, compounds,
`and models) in any way authored or obtained by me while employed by the Company, including any
`copyright therein, shall be the Company’s property, and will not be removed from the Company premises
`without written authorization from the appropriate supervisor, and shall be delivered by me to the Com-
`pany on termination of employment or at any time on the Company’s request together with my written
`certification of compliance. This includes but is not limited to such documents and property concerning
`any process, apparatus or product manufactured, used, developed, investigated or considered by the
`Company.
`
`AH manuals, handbooks, employee identification cards and passes, credit cards and other similar items of
`Company property will be surrendered by me to the Company promptly on my temunation of
`employmenL
`
`All inventions and technical or business innovations developed or conceived by me soley or jointly with
`others during the period of my employment (1) that are along the lines of the activities, operations, work
`or investigations of the Company or its affiliates to which my employment relates or as to which I may
`receive information due to my employment, or (2) that result from or are suggested by any work which I
`may do for the Company shall be the Company’s property.
`
`7. With regard to all inventions or discoveries within Paragraph 6 above,
`
`(a)
`
`I will make a full and complete disclosure to the Company of such inventions or discoveries,
`including any and all information in my possession relating to the patent-ability of such inventions or
`discoveries; and
`
`Merk Sharp & Dohme Corp. Exhibit 2005
`Mylan Pharmaceuticals Inc. v. Merk Sharp & Dohme Corp.
`IPR2020-00040
`Page 19
`
`

`

`- 2 -
`
`(b)
`
`I will execute patent applications and other instruments considered necessary or desirable by the
`Company or required by statute to apply for and obtain Letters Patent of the United States and
`foreign countries covering such inventions or discoveries, and will cooperate with and assist the Com-
`pany in any proceedings necessary to obtain and/or enforce such patents;
`
`(c)
`
`I will make assignments and execute other instruments necessary to convey to the Company owner-
`ship and exclusive rights in such inventions, discoveries, patent applications and patents.
`
`With regard to all inventions and discoveries which are the property of the Company or in which the Com-
`pany owns exclusive rights, I will, when requested by the Company, cooperate with and assist the Com-
`pany and execute documents or other instruments in any proceedings deemed necessary or desirable by
`the Company to obtain and/or enforce patents thereon.
`
`The above obligations in Paragraph 7 and 8 shall continue beyond the termination of employment with
`respect to inventions or discoveries conceived or made by me during the period of employment and shall
`be binding upon my assigns, executors, administrators and other legal representatives.
`
`8.
`
`9.
`
`10. Neither the above understanding nor any statements made by or on behalf of the Company shall be con-
`strued to create any promise or contractual right to employment or to the benefits of employment. The
`Company or I may terminate the employment relationship at any time and for any reason.
`
`Signature of New Employee
`
`Date ( ^ / - Z 9 / 9 ?
`
`Signature of Company Representative J u A < S l t t Y v 4 .
`
`Date U / S a / 3 2 ^
`
`Merk Sharp & Dohme Corp. Exhibit 2005
`Mylan Pharmaceuticals Inc. v. Merk Sharp & Dohme Corp.
`IPR2020-00040
`Page 20
`
`

`

`
`
`
`Appendix F
`
`
`
`
`Merk Sharp & Dohme Corp. Exhibit 2005
`Mylan Pharmaceuticals Inc. v. Merk Sharp & Dohme Corp.
`IPR2020-00040
`Page 21
`
`

`

`M ^ R C K & C O . ,
`
`CONDITIONS OF EMPLOYMENT
`
`Prepare in Duplicate
`
`Of this statement m,d e„ a^eement b^he ne “ U?„"yeT“
`
`2.
`
`3.
`
`»d/or activities that conflict ,ith or imp^ my’obligation! as an S ta y e^ “ f“tbTg7p^^^^^
`
`JoT^y^li ^o^t^em " S L ^ o r ^ ^ T ^ S f e ^ ' ^
`
`=
`
`r b
`
`y T
`
`e - c ; ~
`
`p lo y i by the Com™!!fs'h“ l be t t f r “
`
`“f obtained by me while em-
`
`r
`
`s
`
`H
`
`S
`
`~
`
`S
`