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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`WATSON LABORATORIES, INC.
`Petitioner
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`V.
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`UNITED THERAPEUTICS,INC.
`Patent Owner
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`Patent No. 9,358,240
`Issue Date: June 7, 2016
`Title: TREPROSTINIL ADMINISTRATION BY INHALATION
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`Inter Partes Review No. 2017-01621
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`DECLARATION OF DR. WERNER SEEGER
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`4819-7765-8701
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`IPR2021-00406
`United Therapeutics EX2066
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`IPR2021-00406
`United Therapeutics EX2066
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`IPR2017-01621
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`Declaration of Dr. Werner Seeger
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`I, Dr. Werner Seeger, hereby declare as follows:
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`1.
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`I am a namedinventor of U.S. Patent No. 9,358,240 and am the
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`director of University of Giessen and Marburg Lung Center (“UGMLC”), a
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`research center at the University Hospital Giessen studying pulmonary
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`hypertension.
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`2.
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`[ama paid consultant for United Therapeutics Corporation, which I
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`understandis the assignee of U.S. Patent No. 9,358,240, in connection with
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`IPR2017-01621. My compensation does not depend on the contentofthis
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`declaration, the substance of any other testimony that I may offer in connection
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`with this proceeding or the disposition of this proceeding.
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`3.
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`I am a co-author of the German languagearticle: Hossein Ardeschi
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`Ghofrani et al. “Neue Therapieoptionen in der Behandlung der pulmonalarteriellen
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`Hypertonie,”! Herz, 30, 4 (June 2005): 296-302 (“the Ghofraniarticle”). I
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`understand that Watson Laboratories, Inc. (“Watson”) submitted an English
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`language translation of the Ghofrani article in this proceeding as Exhibit 1005,
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`whichI have reviewed.
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`4.
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`The Ghofrani article was an overview reviewarticle, drafted under my
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`direction and control by members of my research center at University Hospital
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`' Thetitle is translated as “New therapies in the treatment of pulmonary
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`hypertension” in Exhibit 1005.
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`4819-7765-8701
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`IPR2017-01621
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`Declaration of Dr. Werner Seeger
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`Giessen. The intent of the article was to compile and review information, not to
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`communicate primary data. Each ofthelisted authors was selected based ontheir
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`expertise in particular areas covered in particular sections of the Ghofrani article.
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`5.
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`Dr. Hossein A. Ghofrani — thefirst listed author — has experience in
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`the use of phosphodiesterase inhibitors for treatment of pulmonary hypertension.
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`He drafted the section of the Ghofraniarticle relating to phosphodiesterase
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`inhibitors.
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`I know Dr. Ghofrani drafted this section of the Ghofrani article because
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`I asked him to draft this section and communicated with him aboutit. In Exhibit
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`1005, this section beginsat the bottom of page 3 and continues through page 5. Dr.
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`Ghofrani waslisted as a co-author on the Ghofraniarticle because he draftedthis
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`portion of the article and the other portions noted below.
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`6.
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`Drs. Frank Reichenberger and Friedrich Grimminger both have
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`experience in the use of selective endothelin A receptor agonists for treating
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`pulmonary hypertension.
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`I know Drs. Reichenberger and Grimminger drafted this
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`section of the Ghofraniarticle because I asked them to draft this section and
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`communicated with them aboutit. Together they drafted the section of the
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`Ghofraniarticle relating to selective endothelin A receptor agonists. In Exhibit
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`1005, this section is on page 3. Drs. Reichenberger and Grimminger werelisted as
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`a co-author on the Ghofrani article because they drafted this portion ofthe article.
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`IPR2017-01621
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`Declaration of Dr. Werner Seeger
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`D.
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`Dr. Robert Voswinckel and I both have experience in the use of
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`inhaled iloprost and inhaled treprostinil for treatment of pulmonary hypertension.
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`Together, we drafted the sections of the Ghofrani article relating to inhaled iloprost
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`and inhaled treprostinil. In Exhibit 1005, this section beginsat the bottom of page
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`2 and continues through page 3. Although the bulk of the Ghofraniarticle is a
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`review ofpriorliterature, additional information not previously reported in the
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`literature was contributed by Dr. Voswinckel and myself in the inhaled treprostinil
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`section andis contained in the following excerpt:
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`Initial trials in Giessen have shown proofofefficacy of inhaled
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`treprostinil for the effective reduction of the pulmonary vascular
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`resistance (PVR)[6]. In this first study, 17 patients with severe pre-
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`capillary pulmonary hypertension were administered inhaled
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`treprostinil (15 mcg/inhalation). This led to a major reduction in
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`pulmonary selective pressure and resistance with an overall duration
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`of action of > 180 min.In direct comparison with inhaled iloprost,
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`inhaled treprostinil showed a stronger pulmonary selectivity, so that it
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`is possible to increase the dosage to up to 90 mcg (absolute inhaled
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`dose per inhalation exercise) without adverse effects occurring[6].
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`Dueto these unique properties (pronounced pulmonary selectivity and
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`long duration of action after an individual inhalation), it is possible to
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`reduce the numberinhalations necessary to up to four per day; the
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`inhalation period can be reduced to < 1 min. by selecting a suitable
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`device. Additionally, the initial data showsthatit is technically
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`feasible for there to be only one to two breaths in an application.
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`IPR2017-01621
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`Declaration of Dr. Werner Seeger
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`The information in this excerpt was compiled and composed by Dr. Voswinckel
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`and myself. The idea to perform the underlying work described in this section
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`originated with Dr. Voswinckel and myself, in view of our work with other
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`inventorslisted on the ’240 patent. The other authors listed in the Ghofrani article
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`— Drs. Ghofrani, Reichenberger and Grimminger — did not contribute to this
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`excerpt or the underlying work.
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`8.
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`The remaining sections on vasoactive therapy, inhaled iloprost,
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`combination therapies, and treatment of early forms of treatment of pulmonary
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`hypertension, as well as the introduction and compiledliterature were drafted by
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`Dr. Hossein A. Ghofrani and myself.
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`9.|Upon completion of the draft and prior to submission thereof, I
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`reviewed and edited the Ghofrani article in my capacity as director of my research
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`center. In addition to myself, the four members of my research center who had
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`contributed to the aforementioned sections of the Ghofraniarticle were listed as
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`authors.
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`10.
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`The selection of authors for the Ghofrani article fits with the normal
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`practice in my research center. In general, when my research center submits
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`abstracts to a conferenceorarticles for publication, we include membersofthe
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`research group whocontributed in some wayto the abstractor article as authors.
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`Declaration of Dr. Werner Seeger
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`11.
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`For example, the abstract titled “Pulmonary Arterial Hypertension:
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`New Therapies,” which I understand was submitted by Watson as Exhibit 1003,
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`lists as authors members of my research center who contributed by performing the
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`administrative work supporting the trial, taking care of patients enrolledin thetrial,
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`and/or collecting data for the trial. Drs. Ghofrani, Reichenberger, and Grimminger
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`are among the authors whocontributedto the trial in this manner.
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`[The remainderofthis page is intentionally left blank]
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`Declaration of Dr. Werner Seeger
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`12.
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`Ihereby declare that all statements made herein of my knowledge are
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`true andthatall statements made on information and belief are believed to be true;
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`and further that these statements were made with the knowledge that willful false
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`statements and the like so made are punishable by fine or imprisonment, or both
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`under Section 1001 of Title 18 of the United States Code.
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`Sat 5
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`Date:_\ “* hybo ,2017
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`Dr. Werner Seeger
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`4819-7765-8701
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