`
`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:
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`1.
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`I am a Research Analyst at the law firm of Mintz, Levin, Cohn, Ferris,
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`Glovsky and Popeo P.C. I provide this declaration in support of Eyenovia’s February
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`6, 2023 Notice of Supplemental Evidence. I have personal knowledge of the facts
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`set forth herein, and if called to testify, I could and would competently testify to the
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`same.
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`2.
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`Attached as Ex. 1089 is a true, complete, and correct copy of the cover
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`page, copyright page, table of contents, and Appendix 1 from Sambrook & Russell,
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`Molecular Cloning: A Laboratory Manual, (3d ed., 2001). I requested Ex. 1089 from
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`Wisconsin TechSearch, an article delivery and research service offered by the
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`University of Wisconsin-Madison library system. Wisconsin TechSearch supplied
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`Ex. 1089 from the Steenbock Library at the University of Wisconsin-Madison. Ex.
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`1089 appears to be identical to Ex. 1079 and includes the Wisconsin TechSearch
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`request page.
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`3.
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`Attached as Ex. 1090 is a true, complete, and correct copy of the cover
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`page, copyright page, table of contents, Chapter 4 table of contents, and a subchapter
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`titled “4.1.3 BUFFER SOLUTIONS” from European Pharmacopoeia, (5th ed.,
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`2004). I requested Ex. 1090 from Wisconsin TechSearch, an article delivery and
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`research service offered by the University of Wisconsin-Madison library system.
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`Wisconsin TechSearch supplied Ex. 1090 from the Ebling Library at the University
`
`1
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`Eyenovia Exhibit 1095, Page 2 of 4
`
`
`
`Case No. IPR2022-00414
`Patent No. 10,940,145
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`of Wisconsin-Madison. Ex. 1090 appears to be identical to Ex. 1081 and includes
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`the Wisconsin TechSearch request page.
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`4.
`
`Attached as Ex. 1091 is a true, complete, and correct copy of a PDF file
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`downloaded from the University of North Carolina School of Medicine Department
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`of Pharmacology website (https://www.med.unc.edu/pharm/) and is accessible at
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`https://www.med.unc.edu/pharm/sondeklab/wp-
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`content/uploads/sites/868/2018/10/buffers_calbiochem.pdf. I downloaded Ex. 1091
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`from the University of North Carolina School of Medicine Department of
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`Pharmacology website on February 6, 2023. Ex. 1091 is titled “Calbiochem®
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`Buffers: A guide for the preparation and use of buffers in biological systems”; was
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`authored by Chandra Mohan, Ph.D.; was published by EMD, an affiliate of Merck
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`KGaA, Darmstadt, Germany; and consists of 38 pages. Ex. 1091 appears to be
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`identical to Ex. 1082.
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`5.
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`Attached as Ex. 1092 is a true, complete, and correct print-read copy of
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`a MilliporeSigma web page titled “Buffer Reference Center,” accessible at
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`https://www.sigmaaldrich.com/US/en/technical-documents/protocol/protein-
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`biology/protein-concentration-and-buffer-exchange/buffer-reference-center. I saved
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`Ex. 1092 from the MilliporeSigma website on February 6, 2023. Ex. 1092 appears
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`to be identical to Ex. 1083.
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`2
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`Eyenovia Exhibit 1095, Page 3 of 4
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`
`
`Case No. IPR2022-00414
`Patent No. 10,940,145
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`6.
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`Attached as Ex. 1093 is a true, complete, and correct print-read copy of
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`an NIH National Library of Medicine PubChem web page titled “Monosodium
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`phosphate,”
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`accessible
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`at
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`https://pubchem.ncbi.nlm.nih.gov/compound/Monosodium-phosphate#section=pH.
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`I saved Ex. 1093 from the NIH National Library of Medicine PubChem website on
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`February 6, 2023. Ex. 1093 appears to be identical to Ex. 1084.
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`7.
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`Attached as Ex. 1094 is a true, complete, and correct print-read copy of
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`an NIH National Library of Medicine PubChem web page titled “Disodium
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`hydrogen
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`phosphate,”
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`accessible
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`https://pubchem.ncbi.nlm.nih.gov/compound/24203#section=Refractive-Index.
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`at
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`I
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`saved Ex. 1094 from the NIH National Library of Medicine PubChem website on
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`February 6, 2023. Ex. 1094 appears to be identical to Ex. 1085.
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`8.
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`I declare that all statements made herein of my own knowledge are
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`true and that all statements made on information and belief are believed to be true;
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`and further that these statements are made with the knowledge that willful false
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`statements and the like are punishable by fine, imprisonment, or both, under
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`Section 1001 of Title 18 of the United States Code.
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`Executed: February 6, 2023
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`
`
`/s/ Rebecca L. Baker
`Rebecca L. Baker
`
`
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`3
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`Eyenovia Exhibit 1095, Page 4 of 4
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`