`__________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________
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`SLAYBACK PHARMA LLC,
`
`Petitioner,
`
`v.
`
`EYE THERAPIES, LLC,
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`Patent Owner.
`
`__________________
`
`Case IPR2022-00142
`U.S. Patent No. 8,293,742
`__________________
`
`DECLARATION OF ROBERT GORMAN JR. IN RESPONSE TO
`SLAYBACK’S OBJECTIONS TO PATENT OWNER’S EXHIBIT NOS.
`2028, 2057-2058, 2156, 2166-2168, AND 2195-2196
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`Eye Therapies Exhibit 2215, 1 of 5
`Slayback v. Eye Therapies - IPR2022-00142
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`
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`I, Robert Gorman, Jr., declare as follows:
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`I.
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`INTRODUCTION
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`1.
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`I have been asked to submit this declaration on behalf of Eye Therapies,
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`LLC (“Eye Therapies” or “Patent Owner”), which I understand is being submitted
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`in response to Slayback Pharma LLC’s (“Slayback” or “Petitioner”) objections to
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`Patent Owner’s Exhibits 2028, 2057-2058, 2156, 2166-2168, and 2195-2196.
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`2.
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`I have personal knowledge of the facts set forth herein, including the
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`record keeping practices as Bausch and production of Bausch documents related to
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`this matter.
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`3.
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`I am currently Senior Vice President, Assistant General Counsel,
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`Global Intellectual Property within the Bausch + Lomb family of companies
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`(“Bausch”). I have been in my role for the past five years.
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`II.
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`DISCUSSION
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`Bausch’s Objected-To Regulatory Documents
`I understand Slayback has objected to EX-2028, EX-2166-2168, and
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`4.
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`EX-2195-2196, on the basis of hearsay and authenticity. A summary chart, briefly
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`describing those exhibits, is provided below:
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`Exhibit
`EX-2028
`
`Summary
`An excerpt of New Drug Application
`(“NDA”) No. 208144, Section 3.2.P.5.6
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`Eye Therapies Exhibit 2215, 2 of 5
`Slayback v. Eye Therapies - IPR2022-00142
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`
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`EX-2166
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`EX-2167
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`EX-2168
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`EX-2195
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`EX-2196
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`Justification of Specifications – Multi-
`Dose Unit
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`An excerpt of Investigational New Drug
`(“IND”) No. 108524, Clinical Study
`Report of Study No. 10-100-0008
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`An excerpt of IND No. 108524, Clinical
`Study Report of Study No. 11-100-0015
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`An excerpt of IND No. 108524, Clinical
`Study Report of Study No. 13-100-0005
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`An excerpt of NDA No. 208144, Section
`2.2 Introduction
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`An excerpt of NDA No. 208144, 2.3.P.1
`Description and Composition of Drug
`Product
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`5.
`
`EX-2028, EX-2166-2168, and EX-2195-2196 are true and correct
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`copies of excerpts of NDA No. 208144 and IND No. 108524, which are regulatory
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`filings associated with the commercially available product known as Lumify and
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`were submitted to FDA. Such regulatory filings are timely prepared, submitted, and
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`kept in the ordinary course of business, by—or from information transmitted by—
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`employees, agents, or representatives with knowledge of the acts, events, or
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`conditions recorded.
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`Bausch’s Objected-To Commercial Documents
`I understand Slayback has objected to EX-2057-2058 and EX-2156 on
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`6.
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`the basis of hearsay and authenticity. A summary chart, briefly describing those
`
`exhibits, is provided below:
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`Eye Therapies Exhibit 2215, 3 of 5
`Slayback v. Eye Therapies - IPR2022-00142
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`
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`Exhibit
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`EX-2057
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`EX-2058
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`EX-2156
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`Summary
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`IRI Panel Data
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`IRI Point-of-Sale Data
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`Lumify ECP A&U Report, March 27, 2020
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`7.
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`EX-2057 and EX-2058 are true and correct copies of exports of “IRI
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`data.” The declaration of John Ferris explains in detail how and when IRI data is
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`used in the industry and sourced by the Consumer Data Science department at
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`Bausch. See EX-2023, ¶¶ 27-32.
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`8.
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`EX-2156 is a true and correct record of a survey conducted for Bausch
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`by Ipsos Healthcare (“Ipsos”). The declaration of John Ferris explains in detail how
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`and when this survey was conducted, and that this type of survey is routinely
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`conducted and relied upon in the industry. See EX-2023 at ¶¶ 14-18.
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`9.
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`I declare that all statements made herein of my knowledge are true, that
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`all statements made herein on information and belief are believed to be true, and that
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`these statements were made with the knowledge that willful false statements and the
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`like so made are punishable by fine or imprisonment, or both, under Section 1001 of
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`Title 18 of the United States Code.
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`Eye Therapies Exhibit 2215, 4 of 5
`Slayback v. Eye Therapies - IPR2022-00142
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`
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`Executed on September 20, 2022.
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`Robert Gorman, Jr.
`Senior Vice President,
`Assistant General Counsel,
`Global Intellectual Property
`Bausch + Lomb
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`Eye Therapies Exhibit 2215, 5 of 5
`Slayback v. Eye Therapies - IPR2022-00142
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`