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