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`IPR2020-00770
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`U.S. Patent No. 9,604,901
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`UNITED STATES PA TENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`LIQUIDIA TECHNOLOGIES, INC.,
`
`
`Petitioner
`
`V.
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`UNITED THERAPEUTICS CORPORATION,
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`Patent Owner
`
`IPR2020-00770
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`U.S. Patent No. 9,604,901
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`
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`SUPPLEMENTAL DECLARATION OF SYLVIA HALL-ELLIS, PH.D.
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`Liquidia's Exhibit No. 1052
`IPR2020-00770 - Page 001
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`
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`Supplemental Declaration of Sylvia Hall-Ellis, PhD.
`IPR2020—00770
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`U.S. Patent No. 9,604,901
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`I, Sylvia D. Hall—Ellis, Ph.D., declare as follows:
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`1.
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`My name is Sylvia D. Hall—Ellis.
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`I have been retained as an expert by
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`Liquidia Technologies, Inc, who I am informed is a petitioner to this IPR proceeding
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`(the “Petitioner”).
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`2.
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`I previously submitted a declaration on March 25, 2020, providing my
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`expert opinion regarding the public availability of a number of publications.
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`3.
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`It has come to my attention that l inadvertently included a typographical
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`error in my March 25, 2020 declaration.
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`4.
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`At Paragraph 16 ofmy March 25, 2020 declaration, I stated: “I am told
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`by counsel that a person of ordinary skill in this subject matter or art would typically
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`be someone who is a medical physicist with a Ph.D. (or similar advanced degree) in
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`physics, medical physics, or a related field, and two or more years of experience in
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`radiation oncology physics, treatment planning, treatment plan optimization related
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`to radiation oncology applications, and computer programming associated with
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`treatment plan optimization (or equivalent degree or experience).”
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`5 .
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`This statement was inadvertently taken from a different matter I worked
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`on, as is evident from the fact that the ‘901 patent at issue in this IPR proceeding has
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`nothing to do with radiation oncology physics.
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`6.
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`I file this supplemental declaration to correct this error.
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`1
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`Liquidia's Exhibit No. 1052
`IPR2020-00770 — Page 002
`
`Liquidia's Exhibit No. 1052
`IPR2020-00770 - Page 002
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`
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`Supplemental Declaration of Sylvia Hall—Ellis, PhD.
`IPR2020—00770
`
`US. Patent No. 9,604,901
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`7.
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`In preparing my March 25, 2020 declaration, I was told by Petitioner’s
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`counsel in this IPR proceeding that a person of ordinary skill in the subject matter or
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`art of the ’901 patent would typically be someone who holds a master’s degree or
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`PhD. in medicinal or organic chemistry, or a closely related field; or an individual
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`with a bachelor’s degree and at least five years of practical experience in medicinal
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`or organic chemistry.
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`8.
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`It is this definition (at paragraph 7 above) that I applied in providing
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`my expert opinion regarding the public availability of a number of publications in
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`my March 25, 2020 declaration.
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`9.
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`In signing this Declaration, I recognize that the Declaration will be filed
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`as evidence in a case before the Patent Trial and Appeal Board of the United States
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`Patent and Trademark Office.
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`I also recognize that I may be subject to cross-
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`examination in the case and that cross—examination will take place within the United
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`States. If cross-examination is required of me, I will appear for cross-examination
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`within the United States during the time allotted for cross-examination.
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`10.
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`I hereby declare that all statements made herein of my own knowledge
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`are true and that all statements made on information and belief 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 and the like so made are punishable by fine or imprisonment, or
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`2
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`Liquidia's Exhibit No. 1052
`IPR2020-00770 — Page 003
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`Liquidia's Exhibit No. 1052
`IPR2020-00770 - Page 003
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`
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`Supplemental Declaration of Sylvia Hall-Ellis, PhD.
`IPR2020—00770
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`U.S. Patent No. 9,604,901
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`both, under Section 1001 of Title 18 of the United States Code.
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`Dated: May fl, 2021
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`Respectfully submitted,
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`ylvia D. Hall-Ellis, Ph.D.
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`3
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`Liquidia's Exhibit No. 1052
`IPR2020-00770 — Page 004
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`Liquidia's Exhibit No. 1052
`IPR2020-00770 - Page 004
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