UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE 1HE PA TENT TRIAL AND APPEAL BOARD
`
`REGENERON PHARMACEUTICALS, INC.,
`Petitioner
`
`v.
`
`NOVARTIS PHARMA AG,
`NOVARTIS TECHNOLOGY LLC,
`NOVARTIS PHARMACEUTICALS CORPORATION,
`Patent Owners
`
`Case IPR2021-00816
`Patent 9,220,631
`
`DECLARATION OF MARTINA ATHANAS IN SUPPORT OF
`NOV ARTIS'S THIRD MOTION TO SEAL
`
`Novartis Exhibit 2325.001
`Regeneron v. Novartis, IPR2021-00816
`
`
`
`BEFORE 1HE PA TENT TRIAL AND APPEAL BOARD
`
`REGENERON PHARMACEUTICALS, INC.,
`Petitioner
`
`v.
`
`NOVARTIS PHARMA AG,
`NOVARTIS TECHNOLOGY LLC,
`NOVARTIS PHARMACEUTICALS CORPORATION,
`Patent Owners
`
`Case IPR2021-00816
`Patent 9,220,631
`
`DECLARATION OF MARTINA ATHANAS IN SUPPORT OF
`NOV ARTIS'S THIRD MOTION TO SEAL
`
`Novartis Exhibit 2325.001
`Regeneron v. Novartis, IPR2021-00816
`
`
`
`I, Martina Athanas, hereby declare as follows:
`
`1. I am a senior associate at the law firm Bar & Karrer AG,
`
`Brandschenkestrasse 90, 8002 Zurich, Switzerland, Swiss counsel for Patent
`
`Owners Novartis Pharma AG, Novartis Pharmaceuticals Corporation, and
`
`Novartis Technology LLC (collectively, "Novartis"). I am a member in
`
`good standing of the Swiss Bar.
`
`2. I am the same declarant who submitted the declaration in support of
`
`Novartis's Second Motion to Seal, which I understand was marked as Ex.
`
`2097.
`
`3. I submit this declaration in support ofNovartis's Third Motion to Seal,
`
`which I understand seeks to protect confidential information in Novartis' s
`
`Patent Owners' Response and certain Exhibits. I have been asked to provide
`
`information regarding the information in Exhibits 2219-2121, 2123-2124,
`
`2126-2148, 2150, 2224, and 2254 that is subject to the privacy laws of
`
`Switzerland.
`
`4. I was involved with Novartis's Swiss compliance review and redaction of
`
`the documents presented in the Exhibits listed above. I have personal
`
`knowledge of the facts stated in this Declaration and am competent to testify
`
`to the same.
`
`1
`
`Novartis Exhibit 2325.002
`Regeneron v. Novartis, IPR2021-00816
`
`
`
`5. As I explained in my prior declaration, the production by Novartis of data
`
`from Switzerland to the Patent Trial and Appeal Board ("PTAB") and to
`
`Regeneron (including its outside counsel) falls mainly under two areas of
`
`Swiss law that affect the disclosure of information and documents from
`
`Switzerland to foreign authorities and/or third parties:
`
`a. Protection of manufacturing and business secrets ( article
`
`162 and 273 SCC)1; and
`
`b. Protection of personal data (Swiss Data Protection Act
`
`("DP A"2) and employment law, which impose duties of care
`
`1 An unofficial English translation of the SCC provided by the Swiss
`
`government for information purposes only is available on the following
`
`website: https://www.admin.ch/opc/en/classified(cid:173)
`
`compilation/19370083/202007010000/311.0.pdf (last accessed on 17
`
`January 2022).
`
`2 An unofficial English translation of the DP A provided by the Swiss
`
`government for information purposes only is available on the following
`
`website: https://www.admin.ch/opc/en/classified(cid:173)
`
`compilation/19920153/201903010000/235. l.pdf (last accessed 17 January
`
`2022).
`
`2
`
`Novartis Exhibit 2325.003
`Regeneron v. Novartis, IPR2021-00816
`
`
`
`on an employer contained in the Code of Obligations;
`
`"SC0"3).
`
`6. I discussed the relevant areas of Swiss law in detail in my declaration in
`
`support ofNovartis's Second Motion to Seal, and the same laws also apply
`
`to the Exhibits I have been asked to review for this motion. See Ex. 2097 ,r,r
`
`5-31 (explaining Novartis's legal obligations under article 162 and 273 SCC
`
`with regard to third party manufacturing and business secrets and the DP A
`
`and SCO with regard to personal data).
`
`Novartis's Exhibits
`
`7. I have reviewed the public and sealed versions of Exhibits 2219-2121,
`
`2123-2124, 2126---2148, 2150, 2224, and 2254, and I confirm that these
`
`documents contain information that is protected from disclosure under Swiss
`
`law.
`
`8. In Exhibits 2119, 2121, 2123-2124, 2132-2134, and 2146, the signatures on
`
`the agreements are protected from disclosure under Swiss law, and have
`
`3 An unofficial English translation of the DPA provided by the Swiss
`
`government for information purposes only is available on the following
`
`website: https://www.admin.ch/opc/en/classified
`
`compilation/19110009/202004010000/220.pdf ( 17 January 2022).
`
`3
`
`Novartis Exhibit 2325.004
`Regeneron v. Novartis, IPR2021-00816
`
`
`
`therefore been redacted. Based on my review of these Exhibits, I confirm
`
`that Exhibits 2119, 2121, 2123-2124, 2132-2134, and 2146 are copies of
`
`signed and executed contracts.
`
`9. The information that is redacted in the sealed versions of Exhibits 2119-
`
`2121, 2123, 2124, 2126--2139, 2141-2148, 2150, 2224 and 2254 contains
`
`either business secrets of a third party who did not provide consent to
`
`disclosure of its information or personal data protected by the DP A from
`
`individuals who have not provided consent to disclose.
`
`IO.Further, there is additional information that is redacted in the public versions
`
`of Exhibits 2119, 2120, 2124, 2129, 2133, 2134, 2140, 2142, 2143, 2146-
`
`2148, 2150, 2224, and 2254 that relates to the business secrets of third
`
`parties and/or personal data from individuals that consented to disclosure of
`
`their information, but did so under an agreement that the information would
`
`be restricted to those involved with the proceeding under a protective order.
`
`11. Therefore, Novartis' s redactions of third party business secrets and personal
`
`data in Exhibits 2219-2121, 2123-2124, 2126--2148, 2150, 2224, and 2254
`
`are in accordance with Swiss privacy laws.
`
`4
`
`Novartis Exhibit 2325.005
`Regeneron v. Novartis, IPR2021-00816
`
`
`
`I, Martina Athanas, hereby declare that the foregoing Declaration is true and
`
`correct.
`
`Dated:
`
`Martina Athanas
`
`5
`
`Novartis Exhibit 2325.006
`Regeneron v. Novartis, IPR2021-00816
`
`
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