`of U.S. Patent No. 9,464,140
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`MILTENYI BIOMEDICINE GmbH and MILTENYI BIOTEC INC.
`Petitioner
`
`v.
`
`THE TRUSTEES OF THE UNIVERSITY OF PENNSYLVANIA
`Patent Owner
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`IPR Trial No. IPR2022-00853
`U.S. Patent No. 9,464,140
`Issue Date: October 11, 2016
`
`Title: Compositions and Methods for Treatment of Cancer
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`DECLARATION OF MONICA M. ARNOLD
`
`
`
`- 1 -
`
`
`
`Miltenyi Ex. 1052 Page 1
`
`
`
`Petition for Inter Partes Review
`of U.S. Patent No. 9,464,140
`
`I, Monica M. Arnold, make the following Declaration pursuant to 28 U.S.C. § 1746:
`
`1. I am an associate at the law firm of Milbank LLP, attorneys for Petitioner
`
`Miltenyi Biomedicine GmbH and Miltenyi Biotec Inc. I am a member of the
`
`bar of the State of California and registered to practice in front of the United
`
`States Patent and Trademark Office.
`
`2. I submit this Declaration in connection with the above-identified Petition for
`
`Inter Partes Review proceeding of U.S. Patent No. 9,464,140 that is being
`
`requested at the U.S. Patent and Trademark Office under 35 U.S.C §§ 311-
`
`319, 37 C.F.R. § 42.
`
`3. Exhibit 1001 is a true and correct certified copy of U.S. Patent No. 9,464,140
`
`to Carl H. June, Bruce L. Levine, David L. Porter, Michael D. Kalos, and
`
`Michael C. Milone, issued December 13, 2016 (“the ’140 patent”), which was
`
`retrieved pursuant to my instructions from the United States Patent and
`
`Trademark Office. An exhibit label and page number have been added to the
`
`bottom right corner of this document, but no other alterations have been made.
`
`4. Exhibit 1002 is a true and correct copy of the Expert Declaration of Richard
`
`Paul Junghans (Dated April 8, 2022). An exhibit label and page number have
`
`been added to the bottom right corner of this document, but no other
`
`alterations have been made.
`
`
`
`- 2 -
`
`
`
`Miltenyi Ex. 1052 Page 2
`
`
`
`Petition for Inter Partes Review
`of U.S. Patent No. 9,464,140
`
`5. Exhibit 1003 is a true and correct certified copy of U.S. Patent Application
`
`Publication No. 2005/0113564 to Dario Campana and Chihaya Imai,
`
`published May 26, 2005 (“Campana”), which was retrieved pursuant to my
`
`instructions from the United States Patent and Trademark Office. An exhibit
`
`label and page number have been added to the bottom right corner of this
`
`document, but no other alterations have been made.
`
`6. Exhibit 1004 is a true and correct copy of Ian C. Nicholson et al., Construction
`
`and Characterisation of a Functional CD19 Specific Single Chain Fv
`
`Fragment for Immunotherapy of B Lineage Leukaemia and Lymphoma, 34
`
`Molecular Immunology 1157 (1997) (“Nicholson”), which is a scan from the
`
`original journal article retrieved pursuant to my instructions. An exhibit label
`
`and page number have been added to the bottom right corner of this document,
`
`but no other alterations have been made.
`
`7. Exhibit 1005 is a true and correct copy of U.S. Patent No. 4,844,893 to Cyril
`
`J. Honsik and Ralph A. Reisfeld, issued July 4, 1989, which was retrieved
`
`pursuant to my instructions from the United States Patent and Trademark
`
`Office. An exhibit label and page number have been added to the bottom right
`
`corner of this document, but no other alterations have been made.
`
`8. Exhibit 1006 is a true and correct copy of the Duncan Hall Decl. for Pilot
`
`Study for Patients With Chemotherapy Resistant or Refractory CD19
`
`
`
`- 3 -
`
`
`
`Miltenyi Ex. 1052 Page 3
`
`
`
`Petition for Inter Partes Review
`of U.S. Patent No. 9,464,140
`
`Leukemia
`
`and
`
`Lymphoma
`
`(CART-19),
`
`ClinicalTrials.gov,
`
`https:/clinicaltrials.gov/ct2/show/NCT00891215
`
`[https://web.archive.org/web/
`
`20090507184629/
`
`https:/
`
`clinicaltrials.gov/ct2/show/NCT00891215 (May 07, 2009)] (“CART-19
`
`ClinicalTrials.gov”), which was retrieved pursuant to my instructions from
`
`the Internet Archive. An exhibit label and page number have been added to
`
`the bottom right corner of this document, but no other alterations have been
`
`made.
`
`9. Exhibit 1007 is a true and correct certified copy of U.S. Patent Application
`
`Publication No. 2004/0126363 to Michael C. Jensen, Stephen Forman, and
`
`Andrew Raubitschek, published July 1, 2004 (“Jensen”), which was retrieved
`
`pursuant to my instructions from the United States Patent and Trademark
`
`Office. An exhibit label and page number have been added to the bottom right
`
`corner of this document, but no other alterations have been made.
`
`10. Exhibit 1008 is a true and correct copy of Michael C. Milone et al., Chimeric
`
`Receptor Containing CD137 Signal Transduction Domains Mediate
`
`Enhanced Survival of T Cells and Increased Antileukemic Efficacy In Vivo,
`
`17 Molecular Therapy 1453 (2009) (“Milone”), which is a scan from the
`
`original journal article retrieved pursuant to my instructions. An exhibit label
`
`
`
`- 4 -
`
`
`
`Miltenyi Ex. 1052 Page 4
`
`
`
`Petition for Inter Partes Review
`of U.S. Patent No. 9,464,140
`
`and page number have been added to the bottom right corner of this document,
`
`but no other alterations have been made.
`
`11. Exhibit 1009 is a true and correct copy of Dan R. Littman et al., The Isolation
`
`and Sequence of the Gene Encoding T8: A Molecule Defining Functional
`
`Classes of T Lymphocytes, 40 Cell 237 (1985) (“Littman”), which is a scan
`
`from the original journal article retrieved pursuant to my instructions. An
`
`exhibit label and page number have been added to the bottom right corner of
`
`this document, but no other alterations have been made.
`
`12. Exhibit 1010 is a true and correct certified copy of U.S. Patent Application
`
`Publication No. 2004/0043401 to Michel Sadelain, Renier Brentjens, and
`
`John Maher, published March 4, 2004 (“Sadelain”), which was which was
`
`retrieved pursuant to my instructions from the United States Patent and
`
`Trademark Office. An exhibit label and page number have been added to the
`
`bottom right corner of this document, but no other alterations have been made.
`
`13. Exhibit 1011 is reserved.
`
`14. Exhibit 1012 is a true and correct copy of David L. Porter et al., Chimeric
`
`Antigen Receptor–Modified T Cells in Chronic Lymphoid Leukemia, 365 N.
`
`ENGL J. MED. 725 (2011), (“Porter”), which is a scan from the original
`
`journal article retrieved pursuant to my instructions. An exhibit label and page
`
`
`
`- 5 -
`
`
`
`Miltenyi Ex. 1052 Page 5
`
`
`
`Petition for Inter Partes Review
`of U.S. Patent No. 9,464,140
`
`number have been added to the bottom right corner of this document, but no
`
`other alterations have been made.
`
`15. Exhibit 1013 is a true and correct copy of the supplementary materials (a.k.a,
`
`Protocol) for David L. Porter et al., Chimeric Antigen Receptor–Modified T
`
`Cells in Chronic Lymphoid Leukemia, 365 N. Engl J. Med. 725 (2011), which
`
`I downloaded from NEJM.org on or about January 8, 2022. An exhibit label
`
`and page number have been added to the bottom right corner of this document,
`
`but no other alterations have been made.
`
`16. Exhibit 1014 is a true and correct copy of the Duncan Hall Decl. for Phase
`
`I/II Study of B Cell Malignancies Using T Cells Expressing an Anti-CD19
`
`Chimeric Receptor: Assessment of the Impact of Lymphocyte Depletion Prior
`
`to
`
`T
`
`Cell
`
`Transfer,
`
`ClinicalTrials.gov,
`
`https://clinicaltrials.gov/ct2/show/NCT00924326
`
`[https://web.archive.org/web/20090903180433/https://clinicaltrials.gov/ct2/s
`
`how/NCT00924326 (Sept. 03, 2009)] (“NCT0092432 Clinical Trial”), which
`
`was retrieved pursuant to my instructions from the Internet Archive. An
`
`exhibit label and page number have been added to the bottom right corner of
`
`this document, but no other alterations have been made.
`
`17. Exhibit 1015 is reserved.
`
`18. Exhibit 1016 is reserved.
`
`
`
`- 6 -
`
`
`
`Miltenyi Ex. 1052 Page 6
`
`
`
`Petition for Inter Partes Review
`of U.S. Patent No. 9,464,140
`
`19. Exhibit 1017 is reserved.
`
`20. Exhibit 1018 is a true and correct certified copy of excerpts from the certified
`
`File History of PCT/US2011/064191, filed December 9, 2011, which was
`
`retrieved pursuant to my instructions from the World Intellectual Property
`
`Organization. An exhibit label and page number have been added to the
`
`bottom right corner of this document, but no other alterations have been made.
`
`21. Exhibit 1019 is a true and correct certified copy of the File History of U.S.
`
`Provisional Application 61/502,649, filed June 29, 2011 (“the ’649
`
`application”), which was retrieved pursuant to my instructions from the
`
`United States Patent and Trademark Office. An exhibit label and page number
`
`have been added to the bottom right corner of this document, but no other
`
`alterations have been made.
`
`22. Exhibit 1020 is a true and correct certified copy of the File History of U.S.
`
`Provisional Application 61/421,470, filed December 9, 2010 (“the ’470
`
`application”), which was retrieved pursuant to my instructions from the
`
`United States Patent and Trademark Office. An exhibit label and page number
`
`have been added to the bottom right corner of this document, but no other
`
`alterations have been made.
`
`23. Exhibit 1021 is a true and correct copy of excerpts from the certified File
`
`History of the ’123 patent, which was retrieved pursuant to my instructions
`
`
`
`- 7 -
`
`
`
`Miltenyi Ex. 1052 Page 7
`
`
`
`Petition for Inter Partes Review
`of U.S. Patent No. 9,464,140
`
`from the United States Patent and Trademark Office. An exhibit label and
`
`page number have been added to the bottom right corner of this document, but
`
`no other alterations have been made.
`
`24. Exhibit 1022 is a true and correct copy of C. Imai & D. Campana, Chimeric
`
`Receptors with 4-1BB Signaling Capacity Provoke Potent Cytotoxicity
`
`Against Acute Lymphoblastic Leukemia, 18 LEUKEMIA 676 (2004) (“Imai”),
`
`which is a scan from the original journal article retrieved pursuant to my
`
`instructions. An exhibit label and page number have been added to the bottom
`
`right corner of this document, but no other alterations have been made.
`
`25. Exhibit 1023 is a true and correct copy of Ng and Henikoff, SIFT: Predicting
`
`Amino Acid Changes That Affect Protein Function, 31 NUCLEIC ACIDS RSCH.
`
`3812 (2003) (“Ng”), which is a scan from the original journal article retrieved
`
`pursuant to my instructions. An exhibit label and page number have been
`
`added to the bottom right corner of this document, but no other alterations
`
`have been made.
`
`26. Exhibit 1024 is a true and correct copy of the Nathaniel E. Frank-White Decl.
`
`for
`
`Sorting
`
`Intolerant From Tolerant, N. Engl.
`
`J. Med.,
`
`http://blocks.fhcrc.org/blocks/
`
`[https://web.archive.org/web/20130728182255/http://blocks.fhcrc.org/blocks
`
`/ (Nov. 18, 2008)], which was retrieved pursuant to my instructions from the
`
`
`
`- 8 -
`
`
`
`Miltenyi Ex. 1052 Page 8
`
`
`
`Petition for Inter Partes Review
`of U.S. Patent No. 9,464,140
`
`Internet Archive. An exhibit label and page number have been added to the
`
`bottom right corner of this document, but no other alterations have been made.
`
`27. Exhibit 1025 is a true and correct copy of Salvatore J. Turco, Intravaneous
`
`Admixtures, in 18 REMINGTON’S PHARMACEUTICAL SCIENCES 1570
`
`(Alfonso R. Gennaro ed., 1990) (“Turco”), which is a scan from the original
`
`journal article retrieved pursuant to my instructions. An exhibit label and page
`
`number have been added to the bottom right corner of this document, but no
`
`other alterations have been made.
`
`28. Exhibit 1026 is reserved.
`
`29. Exhibit 1027 is a true and correct copy of the correction issued for Porter (Ex.
`
`1012), which is a scan from the original journal article retrieved pursuant to
`
`my instructions. An exhibit label and page number have been added to the
`
`bottom right corner of this document, but no other alterations have been made.
`
`30. Exhibit 1028 is a true and correct copy of excerpts from the certified File
`
`History of U.S. Patent Application No. 15/353,899 (“the ’899 application”),
`
`which was retrieved pursuant to my instructions from the United States Patent
`
`and Trademark Office. An exhibit label and page number have been added to
`
`the bottom right corner of this document, but no other alterations have been
`
`made.
`
`
`
`- 9 -
`
`
`
`Miltenyi Ex. 1052 Page 9
`
`
`
`Petition for Inter Partes Review
`of U.S. Patent No. 9,464,140
`
`31. Exhibit 1029 is a true and correct copy of excerpts from Kenneth Murphy et
`
`al., Janeway’s Immunobiology (7th ed. 2008) (“Immunobiology”), which is a
`
`scan from the original textbook retrieved pursuant to my instructions. An
`
`exhibit label and page number have been added to the bottom right corner of
`
`this document, but no other alterations have been made.
`
`32. Exhibit 1030 is a true and correct copy of excerpts from BRUCE ALBERTS ET.
`
`AL., MOLECULAR BIOLOGY OF THE CELL (4th ed. 2002) (“Molecular
`
`Biology”), which is a scan from the original textbook retrieved from my
`
`personal library. An exhibit label and page number have been added to the
`
`bottom right corner of this document, but no other alterations have been made.
`
`33. Exhibit 1031 is a true and correct copy of Bipulendu Jena et al., Redirecting
`
`T-cell Specificity by Introducing a Tumor-Specific Chimeric Antigen
`
`Receptor, 116 Blood 1035 (2010) (“Jena”), which is a scan from the original
`
`journal article retrieved pursuant to my instructions. An exhibit label and page
`
`number have been added to the bottom right corner of this document, but no
`
`other alterations have been made.
`
`34. Exhibit 1032 is a true and correct copy of Christopher A. Klebanoff et al.,
`
`Sinks, Suppressors and Antigen Presenters: How Lymphodepletion Enhances
`
`T Cell Mediated Tumor Immunotherapy, 26 Trends Immunol. 111 (2005)
`
`(“Klebanoff”), which is a scan from the original journal article retrieved
`
`
`
`- 10 -
`
`
`
`Miltenyi Ex. 1052 Page 10
`
`
`
`Petition for Inter Partes Review
`of U.S. Patent No. 9,464,140
`
`pursuant to my instructions. An exhibit label and page number have been
`
`added to the bottom right corner of this document, but no other alterations
`
`have been made.
`
`35. Exhibit 1033 is a true and correct copy of James S. Huston et al., Protein
`
`Engineering of Antibody Binding Sites: Recovery of Specific Activity in an
`
`Anti-Digoxin Single-Chain Fv Analogue Produced in Escherichia coli, 85
`
`Proc. Nat’l Acad. Sci. 5879 (1988) (“Huston”), which is a scan from the
`
`original journal article retrieved pursuant to my instructions. An exhibit label
`
`and page number have been added to the bottom right corner of this document,
`
`but no other alterations have been made.
`
`36. Exhibit 1034 is a true and correct copy of R.D. Mosteller, Simplified
`
`Calculation of Body-surface Area, 317 N. ENGL. J. MED. 1098 (1987)
`
`(“Mosteller”), which is a scan from the original journal article retrieved
`
`pursuant to my instructions. An exhibit label and page number have been
`
`added to the bottom right corner of this document, but no other alterations
`
`have been made.
`
`37. Exhibit 1035 is a true and correct copy of Margaret A. McDowell et al., Nat’l
`
`Ctr. For Health Stat., Anthropometric Reference Data for Children and
`
`Adults: United States, 2003–2006, NAT’L HEALTH STAT. REPS., October 22,
`
`2008 (“McDowell”), which is a scan from the original journal article retrieved
`
`
`
`- 11 -
`
`
`
`Miltenyi Ex. 1052 Page 11
`
`
`
`Petition for Inter Partes Review
`of U.S. Patent No. 9,464,140
`
`pursuant to my instructions. An exhibit label and page number have been
`
`added to the bottom right corner of this document, but no other alterations
`
`have been made.
`
`38. Exhibit 1036 is a true and correct copy of Jean Philippe Boursier et al.,
`
`Evidence for an Extended Structure of the T-cell Co-receptor CD8a as
`
`Deduced from the Hydrodynamic Properties of Soluble Forms of the
`
`Extracellular Region, 268 J. Biological Chemistry 2013 (1993) (“Boursier”),
`
`which is a scan from the original journal article retrieved pursuant to my
`
`instructions. An exhibit label and page number have been added to the bottom
`
`right corner of this document, but no other alterations have been made.
`
`39. Exhibit 1037 is a true and correct copy of Vikas P. Sukhatme, The T Cell
`
`Differentiation Antigen Leu-2/T8 Is Homologous to lmmunoglobulin and T
`
`Cell Receptor Variable Regions, 40 CELL 591 (1985) (“Sukhatme”), which
`
`is a scan from the original journal article retrieved pursuant to my instructions.
`
`An exhibit label and page number have been added to the bottom right corner
`
`of this document, but no other alterations have been made.
`
`40. Exhibit 1038 is a true and correct copy of which is a scan from the original
`
`journal article retrieved pursuant to my instructions. An exhibit label and page
`
`number have been added to the bottom right corner of this document, but no
`
`other alterations have been made.
`
`
`
`- 12 -
`
`
`
`Miltenyi Ex. 1052 Page 12
`
`
`
`Petition for Inter Partes Review
`of U.S. Patent No. 9,464,140
`
`41. Exhibit 1038 is a true and correct copy of CART19 to Treat B-Cell Leukemia
`
`or Lymphoma That Are Resistant or Refractory
`
`to Chemotherapy,
`
`ClinicalTrials.gov, https://clinicaltrials.gov/ct2/show/NCT01029366
`
`(last
`
`visited April 2022), I downloaded from Clinicaltrials.gov. An exhibit label
`
`and page number have been added to the bottom right corner of this document,
`
`but no other alterations have been made.
`
`42. Exhibit 1039 is a true and correct copy of the Nathaniel E. Frank-White Decl.
`
`for David L. Porter et al., Chimeric Antigen Receptor-Modified T Cells in
`
`Chronic Lymphoid Leukemia, N. Engl. J. Med. (Aug. 25, 2011),
`
`https://www.nejm.org/doi/full/10.1056/NEJMoa1103849
`
`[https://web.archive.org/web/20110924175244/http://www.nejm.org/doi/full
`
`/10.1056/NEJMoa1103849 (Sept. 24, 2011)], which was retrieved pursuant to
`
`my instructions from the Internet Archive. An exhibit label and page number
`
`have been added to the bottom right corner of this document, but no other
`
`alterations have been made.
`
`43. Exhibit 1040 is a true and correct copy of the Nathaniel E. Frank-White Decl.
`
`for David L. Porter et al., Chimeric Antigen Receptor-Modified T Cells in
`
`Chronic Lymphoid Leukemia, N. Engl. J. Med. (Aug. 25, 2011),
`
`https://www.nejm.org/doi/full/10.1056/NEJMoa1103849
`
`[https://web.archive.org/web/20120422111453/http://www.nejm.org:80/doi/
`
`
`
`- 13 -
`
`
`
`Miltenyi Ex. 1052 Page 13
`
`
`
`Petition for Inter Partes Review
`of U.S. Patent No. 9,464,140
`
`full/10.1056/NEJMoa1103849 (April 22, 2012)], which was retrieved
`
`pursuant to my instructions from the Internet Archive. An exhibit label and
`
`page number have been added to the bottom right corner of this document, but
`
`no other alterations have been made.
`
`44. Exhibit 1041 is a true and correct copy of excerpts from the certified Excerpts
`
`from File History of U.S. Patent No. 8,911,993, which was retrieved pursuant
`
`to my instructions from the United States Patent and Trademark Office. An
`
`exhibit label and page number have been added to the bottom right corner of
`
`this document, but no other alterations have been made.
`
`45. Exhibit 1042 is a true and correct copy of Ulrich Schneider et al.,
`
`Characterization of EBV-genome negative "null" and "T" cell lines derived
`
`from children with acute lymphoblastic leukemia and leukemic transformed
`
`non-Hodgkin lymphoma, 19 Int. J. Cancer 621 (1977) (“Schneider”), which is
`
`a scan from the original journal article retrieved pursuant to my instructions.
`
`An exhibit label and page number have been added to the bottom right corner
`
`of this document, but no other alterations have been made.
`
`46. Exhibit 1043 is a true and correct copy of Yangbing Zhao et al., Multiple
`
`Injections of Electroporated Autologous T Cells Expressing a Chimeric
`
`Antigen Receptor Mediate Regression of Human Disseminated Tumor, 70
`
`CANCER RSCH. 9053 (2010) (“Zhao”), which is a scan from the original
`
`
`
`- 14 -
`
`
`
`Miltenyi Ex. 1052 Page 14
`
`
`
`Petition for Inter Partes Review
`of U.S. Patent No. 9,464,140
`
`journal article retrieved pursuant to my instructions. An exhibit label and page
`
`number have been added to the bottom right corner of this document, but no
`
`other alterations have been made.
`
`47. Exhibit 1044 is reserved.
`
`48. Exhibit 1045 is a true and correct copy of James N. Kochenderfer et al.,
`
`Eradication of B-lineage cells and regression of lymphoma in a patient
`
`treated with autologous T cells genetically engineered to recognize CD19,
`
`116 Blood 4099 (“Kochenderfer 2010”), which I downloaded from
`
`ashpublications.org. An exhibit label and page number have been added to the
`
`bottom right corner of this document, but no other alterations have been made.
`
`49. Exhibit 1046 is a true and correct copy of Renier J. Brentjens et al., Phase I
`
`Trial for the Treatment of Chemo-Refractory Chronic Lymphocytic Leukemia
`
`with CD19-Targeted Autologous T Cells, 16 MOLECULAR THERAPY S15
`
`(2008) (“Brentjens”), which I downloaded from cell.com. An exhibit label
`
`and page number have been added to the bottom right corner of this document,
`
`but no other alterations have been made.
`
`50. Exhibit 1047 is a true and correct copy of Marco L. Davila et al., B Cell
`
`Aplasia In a Patient with Relapsed B Cell Acute Lymphoblastic Leukemia
`
`Following Re-Induction and Consolidation with Autologous T Cells
`
`Genetically Targeted to the CD19 Antigen, 116 BLOOD Abstract 3268 (2010)
`
`
`
`- 15 -
`
`
`
`Miltenyi Ex. 1052 Page 15
`
`
`
`Petition for Inter Partes Review
`of U.S. Patent No. 9,464,140
`
`(“Davila”), which I downloaded from ashpublations.org. An exhibit label and
`
`page number have been added to the bottom right corner of this document, but
`
`no other alterations have been made.
`
`51. Exhibit 1048 is a true and correct copy of James N. Kochenderfer,
`
`Construction and Pre-clinical Evaluation of an Anti-CD19 Chimeric Antigen
`
`Receptor, 32 J. IMMUNOTHERAPY 689 (2009) (“Kochenderfer 2009”),
`
`which is a scan from the original journal article retrieved pursuant to my
`
`instructions. An exhibit label and page number have been added to the bottom
`
`right corner of this document, but no other alterations have been made.
`
`52. Exhibit 1049 is reserved.
`
`53. Exhibit 1050 is a true and correct copy of David Mead et al., Recombinant
`
`Human Albumin: Applications as a Biopharmaceutical Excipient, 22
`
`INNOVATIONS PHARM. TECH. 42 (2007) (“Mead 2007), which I downloaded
`
`from iptonline.com. An exhibit label and page number have been added to the
`
`bottom right corner of this document, but no other alterations have been made.
`
`54. Exhibit 1051 is reserved.
`
`
`
`- 16 -
`
`
`
`Miltenyi Ex. 1052 Page 16
`
`
`
`I declare under penalty of perjury under the law of the United States of
`
`America that the foregoing is true and correct.
`
`Petition for Inter Partes Review
`of U.S. Patent No. 9,464,140
`
`
`
`
`
`
`
`Dated: April 11, 2022
`
`
`
`\s\ Monica M. Arnold
`Monica M. Arnold
`Reg. No. 77,262
`
`- 17 -
`
`
`
`Miltenyi Ex. 1052 Page 17
`
`