UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_________________
`
`PROLLENIUM US INC.,
`Petitioner,
`
`v.
`
`ALLERGAN INDUSTRIE, SAS,
`Patent Owner.
`
`_________________
`
`IPR2019-01505, Patent 8,450,475 B2
`IPR2019-01506, Patent 8,357,795 B2
`IPR2019-01508, Patent 9,238,013 B2
`IPR2019-01509, Patent 9,358,322 B2
`IPR2019-01617, Patent 8,822,676 B2
`IPR2019-01632, Patent 8,357,795 B2
`IPR2020-00084, Patent 9,089,519 B2
`
`
`_________________
`
`
`
`DECLARATION OF LAURA HEIDT UNDER 37 C.F.R. § 1.6811
`
`
`1 Authorization for the use of a joint caption page was received on April 27, 2020.
`Neither party opposes the use of a joint caption page. An identical paper has been
`filed in each case recited in the consolidated caption.
`
`
`
`1
`
`
`Prollenium Exhibit 1118
`Prollenium v. Allergan
`IPR2019-01505 et al.
`
`
`
`_________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_________________
`
`PROLLENIUM US INC.,
`Petitioner,
`
`v.
`
`ALLERGAN INDUSTRIE, SAS,
`Patent Owner.
`
`_________________
`
`IPR2019-01505, Patent 8,450,475 B2
`IPR2019-01506, Patent 8,357,795 B2
`IPR2019-01508, Patent 9,238,013 B2
`IPR2019-01509, Patent 9,358,322 B2
`IPR2019-01617, Patent 8,822,676 B2
`IPR2019-01632, Patent 8,357,795 B2
`IPR2020-00084, Patent 9,089,519 B2
`
`
`_________________
`
`
`
`DECLARATION OF LAURA HEIDT UNDER 37 C.F.R. § 1.6811
`
`
`1 Authorization for the use of a joint caption page was received on April 27, 2020.
`Neither party opposes the use of a joint caption page. An identical paper has been
`filed in each case recited in the consolidated caption.
`
`
`
`1
`
`
`Prollenium Exhibit 1118
`Prollenium v. Allergan
`IPR2019-01505 et al.
`
`
`
`I, Laura Heidt, do hereby declare:
` I am making this declaration at the request of Prollenium US, Inc.,
`1.
`
`(“Prollenium” in the matter of the Inter Partes Review (“IPR”) of U.S. Patent Nos.
`
`8,450,475 (“the ’475 patent”), 8,357,795 (“the ’795 patent”), 9,238,013 (“the ’013
`
`patent”), 9,358,322 (“the ’322 patent”), 8,822,676 (“the ’676 patent”), and
`
`9,089,519 (“the ’519 patent”). Unless otherwise stated, the facts stated in this
`
`declaration are based on my personal knowledge.
`
`2.
`
`I am a paralegal at Meunier, Carlin and Curfman (“MCC”). I have
`
`personal knowledge of the matters set forth below. This declaration addresses the
`
`authenticity and admissibility of exhibits submitted in support of Prollenium’s
`
`prosecution of Inter Partes Review in the above referenced matters. Each exhibit
`
`is submitted in the proceedings identified in the caption.
`
`3.
`
`The document submitted herewith as Exhibit 1101 is a true and
`
`correct copy of the thesis of Dale P. DeVore titled “Oxygen Uptake in Post-Rigor
`
`Bovine Semi-Membranosus Muscle,” submitted to The Graduate School of
`
`Rutgers University for the Degree of Doctor of Philosophy in June of 1973. It was
`
`received upon MCC’s request from Wisconsin TechSearch (https://wts.wisc.edu/),
`
`a research service that is part of the UW-Madison library, which obtained the
`
`thesis via interlibrary loan from Rutgers University.
`
`
`
`2
`
`
`
`
`
`
`
`
`4.
`
`The document submitted herewith as Exhibit 1103 is a true and
`
`correct copy of “Meeting of the General and Plastic Surgery Devices Panel, FDA
`
`Advisory Committee Briefing Document,” for Allergan’s PMA application for
`
`Juvéderm VOLUMATM XC, PMA P110033, dated May 2, 2013, available at:
`
`https://wayback.archive-
`
`it.org/7993/20170113134502/http://www.fda.gov/downloads/AdvisoryCommittees
`
`/CommitteesMeetingMaterials/MedicalDevices/MedicalDevicesAdvisoryCommitt
`
`ee/GeneralandPlasticSurgeryDevicesPanel/UCM349428.pdf, as linked from the
`
`2013 Meeting Materials of the General and Plastic Surgery Advisory Panel
`
`webpage, available at: https://wayback.archive-
`
`it.org/7993/20170405193132/https:/www.fda.gov/AdvisoryCommittees/Committe
`
`esMeetingMaterials/MedicalDevices/MedicalDevicesAdvisoryCommittee/General
`
`andPlasticSurgeryDevicesPanel/ucm349426.htm.
`
`5.
`
`The document submitted herewith as Exhibit 1104 is a true and
`
`correct copy of redacted emails produced by Allergan in the litigation matter in the
`
`District of Delaware, Case No. 1:19-cv-00126-CFC-SRF, as bates numbers: AGN-
`
`RVP-0458230 to 0458232, AGN-RVP-0367989 to 0367991, AGN-RVP-0357368
`
`to 0357371, and AGN-RVP-0464609. The emails were redacted by agreement
`
`between counsel and filed in the above-referenced case.
`
`
`
`3
`
`
`
`
`
`
`
`
`6.
`
`The document submitted herewith as Exhibit 1108 is a true and
`
`correct copy of portions of:
`
`a. April 15, 2015 submission by Anteis SA (via its counsel) in reply to
`
`oppositions filed by Allergan, Inc. and Laboratories Vivacy related
`
`European Patent EP 2 349 203;
`
`b. February 12, 2015 submission by Allergan, Inc. (via its counsel) in
`
`preparation for oral proceedings on its opposition related European
`
`Patent EP 2 349 203;
`
`c. November 28, 2016 submission by Allergan, Inc. (via its counsel) of its
`
`letter and statement of grounds of appeal related European Patent EP 2
`
`349 203; and
`
`d. August 31, 2018 submission by Allergan, Inc. (via its counsel) in reply to
`
`Patentee’s brief in reply to grounds of appeal related European Patent EP
`
`2 349 203.
`
`The included portions are the “Reply of the patent proprietor to the notice(s) of
`
`opposition,” “Written Submission in preparation to/during oral proceedings,”
`
`“Letter accompanying subsequently filed items,” “Statement of grounds of
`
`appeal,” “Letter relating to Appeal Procedure,” “Letter accompanying
`
`
`
`4
`
`
`
`
`
`
`
`
`subsequently filed items,” and “Electronic Receipt.” The original documents that
`
`comprise Exhibit 1108 are available from the EPO at:
`
`• https://register.epo.org/application?documentId=EXE9WDRF6287754&nu
`
`mber=EP09768146&lng=en&npl=false;
`
`• https://register.epo.org/application?documentId=EYMVCUZ68046235&nu
`
`mber=EP09768146&lng=en&npl=false;
`
`• https://register.epo.org/application?documentId=EZR0KZ3L7539235&num
`
`ber=EP09768146&lng=en&npl=false;
`
`• https://register.epo.org/application?documentId=EZR0KZ3J4304235&numb
`
`er=EP09768146&lng=en&npl=false;
`
`• https://register.epo.org/application?documentId=E2BBYKE51811DSU&nu
`
`mber=EP09768146&lng=en&npl=false;
`
`• https://register.epo.org/application?documentId=E2BBYJ0I6434DSU&num
`
`ber=EP09768146&lng=en&npl=false; and
`
`• https://register.epo.org/application?documentId=E2BBYKI09279DSU&num
`
`ber=EP09768146&lng=en&npl=false
`
`7.
`
`The document submitted herewith as Exhibit 1109 is a true and
`
`correct copy of portions of a June 4, 2018 submission by Allergan Industrie, SAS
`
`(via its counsel) in connection with an opposition to Allergan’s related European
`
`
`
`5
`
`
`
`
`
`
`
`
`Patent EP 2 323 617. The included portions are the “Letter accompanying
`
`subsequently filed items,” and attached Document Numbers 1, D63, and D64 as
`
`referenced therein. The original documents that comprise Exhibit 1109 are
`
`available from the EPO at:
`
`• https://register.epo.org/application?documentId=E1YRQNBF4778DSU&nu
`
`mber=EP09785852;
`
`• https://register.epo.org/application?documentId=E1YRQN540465DSU&nu
`
`mber=EP09785852;
`
`• https://register.epo.org/application?documentId=E25DISQO7519834&numb
`
`er=EP09785852; and
`
`• https://register.epo.org/application?documentId=E25DISQV7088834&numb
`
`er=EP09785852, respectively (all last visited October 19, 2020).
`
`8.
`
`The document submitted herewith as Exhibit 1112 is a true and
`
`correct copy of the March 15, 2004 Amendment and Reply Under 37 C.F.R §1.111
`
`for U.S. Patent Application No. 09/920,286, obtained from the U.S. Patent and
`
`Trademark Office image file wrapper. Specifically, the amendment is shown in
`
`the screenshot below:
`
`
`
`6
`
`
`
`
`
`
`
`
`
`
`9.
`
`I declare that all statements made herein on my own knowledge are
`
`true and that all statements made upon information and believe are believed to be
`
`true, and further, that these statements were made with the knowledge that willful
`
`false statements are punishable by fine or imprisonment, or both, under Section
`
`1001 of Title 18 of the United States Code.
`
`Dated: November 4, 2020
`
`
`
`
`
`/Laura Heidt/
`Laura Heidt
`Meunier Carlin & Curfman LLC
`999 Peachtree St, NE
`Suite 1300
`Atlanta, GA 30309
`
`
`
`7
`
`
`
`
`
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
