`_____________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_____________________________
`
`
`
`ALTAIRE PHARMACEUTICALS, INC.,
`Petitioner,
`
`v.
`
`PARAGON BIOTECK, INC.,
`Patent Owner.
`
`_____________________________
`
`Case PGR2015-00011
`Patent No. 8,859,623
`
`_____________________________
`
`
`
`DECLARATION OF PATRICK WITHAM IN SUPPORT OF
`
`PARAGON’S MOTION TO SEAL PAPER 20 AND EXHIBIT 2034
`
`
`
`
`
`
`
`PARAGON - EXHIBIT 2041
`
`
`
`I, Patrick Witham, declare as follows:
`
`1. My name is Patrick Witham. I am President of Paragon BioTeck, Inc.
`
`(“Paragon”), owner of U.S. Pat. No. 8,859,623 (“the ’623 patent”).
`
`2.
`
`The confidential business information contained within Exhibit 2034
`
`and Paper 20 is not publicly available.
`
`3.
`
`Altaire’s counsel filed an unredacted version of the non-public
`
`agreement between Paragon and Altaire in a related district court case, however
`
`this document was removed within days from the public docket.
`
`4.
`
`The confidential business information sought to be redacted in Paper
`
`20 and Exhibit 2034 is subject to a non-disclosure agreement between Paragon and
`
`Altaire. Ex. 2001, pp. 6-10. Publication of the redacted material would violate the
`
`terms of the non-disclosure agreement.
`
`5.
`
`The proposed redactions within Exhibit 2034 and Paper 20 are limited
`
`and seek only to keep confidential the consideration given by Paragon as part of
`
`the agreement with Altaire.
`
`6.
`
`Release of this confidential business information would allow current
`
`or potential competitors, investors, or partners to know the precise consideration
`
`given by Paragon as part of the agreement with Altaire. Access to such sensitive
`
`business information could provide a competitor a business advantage over
`
`
`
`1
`
`
`
`Paragon and could negatively impact negotiations between Paragon and current or
`
`potential investors and partners.
`
`7.
`
`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: April 12, 2016
`
`
`
`By: / Patrick Witham /
`
`Patrick Witham
`
`
`
`
`
`2
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