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