UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`EYENOVIA, INC.,
`Petitioner,
`
`v.
`
`SYDNEXIS, INC.,
`Patent Owner.
`
`Case IPR2022-00414
`U.S. Patent No. 10,940,145
`
`DECLARATION OF REBECCA L. BAKER
`
`Eyenovia Exhibit 1095
`Eyenovia, Inc. v. Sydnexis, Inc.
`IPR2022-00414
`Page 1 of 4
`
`

`

`Case No. IPR2022-00414
`Patent No. 10,940,145
`
`I, Rebecca L. Baker, hereby declare and state as follows:
`
`1.
`
`I am a Research Analyst at the law firm of Mintz, Levin, Cohn, Ferris,
`
`Glovsky and Popeo P.C. I provide this declaration in support of Eyenovia’s February
`
`6, 2023 Notice of Supplemental Evidence. I have personal knowledge of the facts
`
`set forth herein, and if called to testify, I could and would competently testify to the
`
`same.
`
`2.
`
`Attached as Ex. 1089 is a true, complete, and correct copy of the cover
`
`page, copyright page, table of contents, and Appendix 1 from Sambrook & Russell,
`
`Molecular Cloning: A Laboratory Manual, (3d ed., 2001). I requested Ex. 1089 from
`
`Wisconsin TechSearch, an article delivery and research service offered by the
`
`University of Wisconsin-Madison library system. Wisconsin TechSearch supplied
`
`Ex. 1089 from the Steenbock Library at the University of Wisconsin-Madison. Ex.
`
`1089 appears to be identical to Ex. 1079 and includes the Wisconsin TechSearch
`
`request page.
`
`3.
`
`Attached as Ex. 1090 is a true, complete, and correct copy of the cover
`
`page, copyright page, table of contents, Chapter 4 table of contents, and a subchapter
`
`titled “4.1.3 BUFFER SOLUTIONS” from European Pharmacopoeia, (5th ed.,
`
`2004). I requested Ex. 1090 from Wisconsin TechSearch, an article delivery and
`
`research service offered by the University of Wisconsin-Madison library system.
`
`Wisconsin TechSearch supplied Ex. 1090 from the Ebling Library at the University
`
`1
`
`Eyenovia Exhibit 1095, Page 2 of 4
`
`

`

`Case No. IPR2022-00414
`Patent No. 10,940,145
`
`of Wisconsin-Madison. Ex. 1090 appears to be identical to Ex. 1081 and includes
`
`the Wisconsin TechSearch request page.
`
`4.
`
`Attached as Ex. 1091 is a true, complete, and correct copy of a PDF file
`
`downloaded from the University of North Carolina School of Medicine Department
`
`of Pharmacology website (https://www.med.unc.edu/pharm/) and is accessible at
`
`https://www.med.unc.edu/pharm/sondeklab/wp-
`
`content/uploads/sites/868/2018/10/buffers_calbiochem.pdf. I downloaded Ex. 1091
`
`from the University of North Carolina School of Medicine Department of
`
`Pharmacology website on February 6, 2023. Ex. 1091 is titled “Calbiochem®
`
`Buffers: A guide for the preparation and use of buffers in biological systems”; was
`
`authored by Chandra Mohan, Ph.D.; was published by EMD, an affiliate of Merck
`
`KGaA, Darmstadt, Germany; and consists of 38 pages. Ex. 1091 appears to be
`
`identical to Ex. 1082.
`
`5.
`
`Attached as Ex. 1092 is a true, complete, and correct print-read copy of
`
`a MilliporeSigma web page titled “Buffer Reference Center,” accessible at
`
`https://www.sigmaaldrich.com/US/en/technical-documents/protocol/protein-
`
`biology/protein-concentration-and-buffer-exchange/buffer-reference-center. I saved
`
`Ex. 1092 from the MilliporeSigma website on February 6, 2023. Ex. 1092 appears
`
`to be identical to Ex. 1083.
`
`2
`
`Eyenovia Exhibit 1095, Page 3 of 4
`
`

`

`Case No. IPR2022-00414
`Patent No. 10,940,145
`
`6.
`
`Attached as Ex. 1093 is a true, complete, and correct print-read copy of
`
`an NIH National Library of Medicine PubChem web page titled “Monosodium
`
`phosphate,”
`
`accessible
`
`at
`
`https://pubchem.ncbi.nlm.nih.gov/compound/Monosodium-phosphate#section=pH.
`
`I saved Ex. 1093 from the NIH National Library of Medicine PubChem website on
`
`February 6, 2023. Ex. 1093 appears to be identical to Ex. 1084.
`
`7.
`
`Attached as Ex. 1094 is a true, complete, and correct print-read copy of
`
`an NIH National Library of Medicine PubChem web page titled “Disodium
`
`hydrogen
`
`phosphate,”
`
`accessible
`
`https://pubchem.ncbi.nlm.nih.gov/compound/24203#section=Refractive-Index.
`
`at
`
`I
`
`saved Ex. 1094 from the NIH National Library of Medicine PubChem website on
`
`February 6, 2023. Ex. 1094 appears to be identical to Ex. 1085.
`
`8.
`
`I declare that all statements made herein of my own knowledge are
`
`true and that all statements made on information and belief are believed to be true;
`
`and further that these statements are made with the knowledge that willful false
`
`statements and the like are punishable by fine, imprisonment, or both, under
`
`Section 1001 of Title 18 of the United States Code.
`
`Executed: February 6, 2023
`
`
`
`/s/ Rebecca L. Baker
`Rebecca L. Baker
`
`
`
`3
`
`Eyenovia Exhibit 1095, Page 4 of 4
`
`

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