`Mylan Exhibit 1028
`
`Mylan (IPR2020-00040) EX. 1028 p. 001
`
`Mylan (IPR2020-00040) Ex. 1028 p. 001
`
`
`
`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 IPR2020-00040
`U.S. Patent 7,326,708
`__________________
`
`DECLARATION OF LIAD WHATSTEIN
`
`Merck Exhibit 2268, Page 1
`Mylan Pharmaceuticals Inc. v. Merck Sharp & Dohme Corp.
`IPR2020-00040
`
`Mylan (IPR2020-00040) Ex. 1028 p. 002
`
`
`
`DECLARATION OF LIAD WHATSTEIN
`
`I, Liad Whatstein, hereby declare as follows:
`
`1.
`
`I am lead counsel for Merck Sharp & Dohme Corp. (“Merck”) in
`
`patent opposition proceedings initiated by Teva Pharmaceutical Industries Ltd.
`
`(“Teva”) before the Israel Registrar of Patents and Trademarks. These proceedings
`
`pertain to Patent Registration Application 172563, an Israeli counterpart of U.S.
`
`Patent No. 7,326,708 (“the ’708 patent”). I am familiar with all pleadings,
`
`exhibits, and other documents filed in those proceedings.
`
`2.
`
`I understand that Mylan Pharmaceuticals Inc. (“Mylan”) has
`
`petitioned for inter partes review of the ’708 patent in this proceeding and has
`
`objected to the following exhibits submitted by Merck in support of its Patent
`
`Owner’s Response under Federal Rule of Evidence 901 as allegedly lacking
`
`evidence of authenticity: EX2192, EX2221, EX2222, EX2223, EX2224, EX2225,
`
`EX2226, and EX2227.
`
`3.
`
`I have reviewed the foregoing exhibits, and as specifically discussed
`
`in the following paragraphs, they are true and correct copies of documents
`
`submitted by the parties and their experts—Dr. Leonard J. Chyall for Teva and Dr.
`
`Jerry L. Atwood for Merck—in the foregoing Israeli patent opposition proceedings
`
`in which I serve as lead counsel for Merck.
`
`2
`
`Merck Exhibit 2268, Page 2
`Mylan Pharmaceuticals Inc. v. Merck Sharp & Dohme Corp.
`IPR2020-00040
`
`Mylan (IPR2020-00040) Ex. 1028 p. 003
`
`
`
`DECLARATION OF LIAD WHATSTEIN
`
`4.
`
`EX2192 is a true and correct copy of Dr. Chyall’s second
`
`declaration, including exhibits thereto, submitted by Teva in the Israeli patent
`
`opposition proceedings, dated March 7, 2012.
`
`5.
`
`EX2221 is a true and correct copy of Dr. Atwood’s first affidavit
`
`submitted by Merck in the Israeli patent opposition proceedings, dated June 6,
`
`2011. The exhibits included in EX2221 were submitted with Dr. Atwood’s first
`
`affidavit in Israel. Accompanying this declaration is EX2266, which is a true and
`
`correct copy of Dr. Atwood’s first affidavit that includes all of the exhibits in the
`
`Israeli submission (including additional exhibits not included in EX2221).
`
`6.
`
`EX2222 is a true and correct copy of Dr. Atwood’s second affidavit,
`
`including exhibits thereto, submitted by Merck in the Israeli patent opposition
`
`proceedings, dated August 20 2012.
`
`7.
`
`EX2223 is a true and correct copy of Dr. Atwood’s third affidavit,
`
`including exhibits thereto, submitted by Merck in the Israeli patent opposition
`
`proceedings, dated September 13, 2013.
`
`8.
`
`EX2224 is a true and correct copy of Dr. Chyall’s third declaration
`
`submitted by Teva in the Israeli patent opposition proceedings, dated February 19,
`
`2013. The exhibits in EX2224 were submitted with Dr. Chyall’s third declaration
`
`in Israel. Accompanying this declaration is EX2267, which is a true and correct
`
`3
`
`Merck Exhibit 2268, Page 3
`Mylan Pharmaceuticals Inc. v. Merck Sharp & Dohme Corp.
`IPR2020-00040
`
`Mylan (IPR2020-00040) Ex. 1028 p. 004
`
`
`
`Merck Exhibit 2268, Page 4
`Mylan Pharmaceuticals Inc. v. Merck Sharp & Dohme Corp.
`IPR2020-00040
`
`Mylan (IPR2020-00040) Ex. 1028 p. 005
`
`
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