`
`eee
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`eee
`
`HOPEWELL PHARMA VENTURES,INC.,
`Petitioner,
`
`v.
`
`MERCK SERONOSA,
`Patent Owner.
`
`eee
`
`Case IPR2023-00480
`Patent 7,713,947
`
`Case IPR2023-0048 1
`Patent 8,377,903
`
`oe
`
`DECLARATION OF WILLEM DE WEERD
`IN SUPPORT OF EXHIBITS 2048, 2049, 2050
`
`Merck 2071
`Merck 2071
`Hopewell v Merck
`Hopewell v Merck
`IPR2023-00480
`IPR2023-00480
`
`
`
`IPR2023-00480, IPR2023-00481
`U.S. Patent Nos. 7,713,947, 8,377.903
`
`I, Willem de Weerd, declare as follows:
`
`Tam an Authorized Representative ofMerck Serono S.A. in Eysins,
`I.
`Switzerland. I submit this declaration in support ofMerck Serono S.A. in the
`following /nter Partes Review proceedings: IPR2023-00480 and IPR2023-00481.
`2,
`Exhibit 2048is a true and accurate copy of a documenttitled “Product
`Development and License Agreement by and between IVAX International GMBH
`... and Ares Trading S.A.” that was keptin the regular course ofbusiness by
`Merck Serono S.A. andits affiliates, including Ares Trading S.A. andits
`
`predecessor Serono International S.A.
`
`3.
`Exhibit 2049 is a true and accurate copy ofan email dated December
`17, 2003 with an attachmenttitled “Cladribine ... Briefing Document.” This email
`and the attached document were kept in the regular course ofbusiness by Merck
`Serono S.A. andits affiliates, including Ares Trading S.A.andits predecessor
`Serono International S.A.
`
`4,
`Exhibit 2050 is a true and accurate copy of a documenttitled “Oral
`Cladribine for MS Product]:] Meeting on 27 August 2003 in Amsterdam”that was
`kept in the regular course ofbusiness by Merck Serono S.A.andits affiliates,
`including Ares Trading S.A., andits predecessor Serono International S.A.
`
`a
`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
`
`
`
`IPR2023-00480, IPR2023-00481
`U.S. Patent Nos. 7,713,947, 8,377,903
`
`the United States Patent and Trademark Office.
`
`I acknowledge that I may be
`
`subject to cross-examination in this case. If cross-examination is required of me, |
`
`will appear for cross-examination during the time allotted for cross-examination.
`
`6.
`
`I declare that all statements made herein of my knowledgearetrue,
`
`and that all statements made on information and belief are believed to be true, and
`
`that these statements were made with the knowledgethatwillful 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: December 21, 2023
`
`Merck Serono S.A.
`TerreBonne Business Park Z0
`Route de Crassier 1
`CH 1262 Eysins
`Switzerland
`Tel: +41 79 338 3380
`Email: willem.de-weerd@merckgroup.com
`
`
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