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`_________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`_________________
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`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
`
`
`_________________
`
`
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`DECLARATION OF LAURA HEIDT UNDER 37 C.F.R. § 1.6811
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`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.
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`
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`1
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`Prollenium Exhibit 1118
`Prollenium v. Allergan
`IPR2019-01505 et al.
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`
`
`I, Laura Heidt, do hereby declare:
` I am making this declaration at the request of Prollenium US, Inc.,
`1.
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`(“Prollenium” in the matter of the Inter Partes Review (“IPR”) of U.S. Patent Nos.
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`8,450,475 (“the ’475 patent”), 8,357,795 (“the ’795 patent”), 9,238,013 (“the ’013
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`patent”), 9,358,322 (“the ’322 patent”), 8,822,676 (“the ’676 patent”), and
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`9,089,519 (“the ’519 patent”). Unless otherwise stated, the facts stated in this
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`declaration are based on my personal knowledge.
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`2.
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`I am a paralegal at Meunier, Carlin and Curfman (“MCC”). I have
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`personal knowledge of the matters set forth below. This declaration addresses the
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`authenticity and admissibility of exhibits submitted in support of Prollenium’s
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`prosecution of Inter Partes Review in the above referenced matters. Each exhibit
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`is submitted in the proceedings identified in the caption.
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`3.
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`The document submitted herewith as Exhibit 1101 is a true and
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`correct copy of the thesis of Dale P. DeVore titled “Oxygen Uptake in Post-Rigor
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`Bovine Semi-Membranosus Muscle,” submitted to The Graduate School of
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`Rutgers University for the Degree of Doctor of Philosophy in June of 1973. It was
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`received upon MCC’s request from Wisconsin TechSearch (https://wts.wisc.edu/),
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`a research service that is part of the UW-Madison library, which obtained the
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`thesis via interlibrary loan from Rutgers University.
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`2
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`4.
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`The document submitted herewith as Exhibit 1103 is a true and
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`correct copy of “Meeting of the General and Plastic Surgery Devices Panel, FDA
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`Advisory Committee Briefing Document,” for Allergan’s PMA application for
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`Juvéderm VOLUMATM XC, PMA P110033, dated May 2, 2013, available at:
`
`https://wayback.archive-
`
`it.org/7993/20170113134502/http://www.fda.gov/downloads/AdvisoryCommittees
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`/CommitteesMeetingMaterials/MedicalDevices/MedicalDevicesAdvisoryCommitt
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`ee/GeneralandPlasticSurgeryDevicesPanel/UCM349428.pdf, as linked from the
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`2013 Meeting Materials of the General and Plastic Surgery Advisory Panel
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`webpage, available at: https://wayback.archive-
`
`it.org/7993/20170405193132/https:/www.fda.gov/AdvisoryCommittees/Committe
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`esMeetingMaterials/MedicalDevices/MedicalDevicesAdvisoryCommittee/General
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`andPlasticSurgeryDevicesPanel/ucm349426.htm.
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`5.
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`The document submitted herewith as Exhibit 1104 is a true and
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`correct copy of redacted emails produced by Allergan in the litigation matter in the
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`District of Delaware, Case No. 1:19-cv-00126-CFC-SRF, as bates numbers: AGN-
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`RVP-0458230 to 0458232, AGN-RVP-0367989 to 0367991, AGN-RVP-0357368
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`to 0357371, and AGN-RVP-0464609. The emails were redacted by agreement
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`between counsel and filed in the above-referenced case.
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`3
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`6.
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`The document submitted herewith as Exhibit 1108 is a true and
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`correct copy of portions of:
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`a. April 15, 2015 submission by Anteis SA (via its counsel) in reply to
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`oppositions filed by Allergan, Inc. and Laboratories Vivacy related
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`European Patent EP 2 349 203;
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`b. February 12, 2015 submission by Allergan, Inc. (via its counsel) in
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`preparation for oral proceedings on its opposition related European
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`Patent EP 2 349 203;
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`c. November 28, 2016 submission by Allergan, Inc. (via its counsel) of its
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`letter and statement of grounds of appeal related European Patent EP 2
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`349 203; and
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`d. August 31, 2018 submission by Allergan, Inc. (via its counsel) in reply to
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`Patentee’s brief in reply to grounds of appeal related European Patent EP
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`2 349 203.
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`The included portions are the “Reply of the patent proprietor to the notice(s) of
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`opposition,” “Written Submission in preparation to/during oral proceedings,”
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`“Letter accompanying subsequently filed items,” “Statement of grounds of
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`appeal,” “Letter relating to Appeal Procedure,” “Letter accompanying
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`
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`4
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`
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`subsequently filed items,” and “Electronic Receipt.” The original documents that
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`comprise Exhibit 1108 are available from the EPO at:
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`• https://register.epo.org/application?documentId=EXE9WDRF6287754&nu
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`mber=EP09768146&lng=en&npl=false;
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`• https://register.epo.org/application?documentId=EYMVCUZ68046235&nu
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`mber=EP09768146&lng=en&npl=false;
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`• https://register.epo.org/application?documentId=EZR0KZ3L7539235&num
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`ber=EP09768146&lng=en&npl=false;
`
`• https://register.epo.org/application?documentId=EZR0KZ3J4304235&numb
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`er=EP09768146&lng=en&npl=false;
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`• https://register.epo.org/application?documentId=E2BBYKE51811DSU&nu
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`mber=EP09768146&lng=en&npl=false;
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`• https://register.epo.org/application?documentId=E2BBYJ0I6434DSU&num
`
`ber=EP09768146&lng=en&npl=false; and
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`• https://register.epo.org/application?documentId=E2BBYKI09279DSU&num
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`ber=EP09768146&lng=en&npl=false
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`7.
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`The document submitted herewith as Exhibit 1109 is a true and
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`correct copy of portions of a June 4, 2018 submission by Allergan Industrie, SAS
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`(via its counsel) in connection with an opposition to Allergan’s related European
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`
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`5
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`
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`Patent EP 2 323 617. The included portions are the “Letter accompanying
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`subsequently filed items,” and attached Document Numbers 1, D63, and D64 as
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`referenced therein. The original documents that comprise Exhibit 1109 are
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`available from the EPO at:
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`• https://register.epo.org/application?documentId=E1YRQNBF4778DSU&nu
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`mber=EP09785852;
`
`• https://register.epo.org/application?documentId=E1YRQN540465DSU&nu
`
`mber=EP09785852;
`
`• https://register.epo.org/application?documentId=E25DISQO7519834&numb
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`er=EP09785852; and
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`• https://register.epo.org/application?documentId=E25DISQV7088834&numb
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`er=EP09785852, respectively (all last visited October 19, 2020).
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`8.
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`The document submitted herewith as Exhibit 1112 is a true and
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`correct copy of the March 15, 2004 Amendment and Reply Under 37 C.F.R §1.111
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`for U.S. Patent Application No. 09/920,286, obtained from the U.S. Patent and
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`Trademark Office image file wrapper. Specifically, the amendment is shown in
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`the screenshot below:
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`6
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`9.
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`I declare that all statements made herein on my own knowledge are
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`true and that all statements made upon information and believe are believed to be
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`true, and further, that these statements were made with the knowledge that willful
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`false statements are punishable by fine or imprisonment, or both, under Section
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`1001 of Title 18 of the United States Code.
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`Dated: November 4, 2020
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`
`
`
`
`/Laura Heidt/
`Laura Heidt
`Meunier Carlin & Curfman LLC
`999 Peachtree St, NE
`Suite 1300
`Atlanta, GA 30309
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`7
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