`_______________________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________________________________________
`
`TWI PHARMACEUTICALS, INC.,
`Petitioner,
`v.
`MERCK SERONO SA,
`Patent Owner.
`_________________________________________________
`Case IPR2023-00049
`Patent 7,713,947
`
`Case IPR2023-00050
`Patent 8,377,903
`____________________________________________________
`
`DECLARATION OF ASHER S. MCGUFFIN
`IN SUPPORT OF EXHIBITS 2030, 2031, & 2032
`
`Merck 2066
`TWi v Merck
`IPR2023-00049
`
`
`
`IPR2023-00049, IPR2023-00050
`U.S. Patent Nos. 7,713,947, 8,377,903
`
`I, Asher S. McGuffin, declare as follows:
`
`1.
`
`I am an attorney at the law firm of Wilmer Cutler Pickering Hale and
`
`Dorr LLP in Boston, MA, which represents the patent owner Merck Serono S.A. in
`
`the following Inter Partes Review proceedings: IPR2023-00049 and IPR2023-
`
`00050.
`
`2.
`
`Exhibit 2030 is a true and accurate copy of a press release dated
`
`October 30, 2002 distributed by Serono S.A., a subsidiary of Patent Owner Merck
`
`Serono S.A. I obtained this document using the Internet Archive’s “Wayback
`
`Machine,” on December 14, 2023, by searching the Wayback Machine for a
`
`capture of Serono.com in early 2003, which was February 23, 2003, then
`
`reviewing the “Media” sub-page of the captured website for releases about IVAX
`
`and cladribine.
`
`3.
`
`Exhibit 2031 is a true and accurate copy of S.E.C. Form 20-F for the
`
`year ending December 31, 2003, filed by Serono S.A., which is now a subsidiary
`
`of Patent Owner Merck Serono S.A., on March 25, 2004. It was retrieved from
`
`EDGAR, the S.E.C.’s public database of filed forms, on December 14, 2023.
`
`4.
`
`Exhibit 2032 is a true and accurate copy of a public article dated
`
`October 31, 2002 distributed by The Wall Street Journal, and retrieved from the
`
`Wall Street Journal’s website (wsj.com) on December 14, 2023.
`
`2
`
`
`
`IPR2023-00049, IPR2023-00050
`U.S. Patent Nos. 7,713,947, 8,377,903
`
`5.
`
`In signing this declaration, I understand that the declaration will be
`
`filed as evidence in a contested case before the Patent Trial and Appeal Board of
`
`the United States Patent and Trademark Office. I acknowledge that I may be
`
`subject to cross-examination in this case and that cross-examination will take place
`
`within the United States. If cross-examination is required of me, I will appear for
`
`cross-examination within the United States during the time allotted for cross-
`
`examination.
`
`6.
`
`I declare that all statements made herein of my knowledge are true,
`
`and that all statements made on information and belief are believed to be true, and
`
`that these statements were made with the knowledge that willful false statements
`
`and the like so made are punishable by fine or imprisonment, or both, under
`
`Section 1001 of Title 18 of the United States Code.
`
`Dated: March 11, 2024
`
`By: /Asher S. McGuffin/
`
` _
`
`Asher S. McGuffin (Reg. No. 81,206)
`WILMER CUTLER PICKERING HALE
`AND DORR LLP
`60 State Street
`Boston, MA 02109
`Tel: (617) 526-6201
`Email: Asher.McGuffin@wilmerhale.com
`
`3
`
`
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