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UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`ALTAIRE PHARMACEUTICALS, INC.,
`Petitioner,
`
`V.
`
`PARAGON BIOTECK, INC.,
`Patent Owner.
`
`
`Case PGR20l5-0001 1
`
`Patent 8,859,623 B1
`
`DECLARATION # 2 OF MICHAEL SAWAYA
`
`1, Michael Sawaya, do hereby declare as follows:
`
`1.
`
`I am General Counsel of Altaire Pharmaceuticals, Inc. (“Altaire”).
`
`2.
`
`On or about March 25, 2014 I received and reviewed an e-mail (“the E-
`
`mail”) from Lauren MC Bluett, the Director of Quality Assurance at
`
`Paragon BioTeck, Inc. (“Paragon”). A true and correct copy of the E-
`
`mail I received and reviewed is attached as Exhibit 1033. I also have
`
`Exhibit 1032, Page 1 of 3
`
`Exhibit 1032, Page 1 of 3
`
`

`
`personal knowledge, and can confirm that to the best of my knowledge
`
`Lauren Bluett was an employee or at least represented herself as an
`
`employee of Paragon at the time I received the letter. As such, I have
`
`personal knowledge and can confirm that Paragon transmitted the E-mail
`
`to Altaire Pharmaceuticals, Inc. (“Altaire”) on the date identified in the
`
`E-Mail. See Ex. 1033.
`
`3.
`
`In the E-mail, Paragon requested “all the work [Altaire] ha[s] on chiral
`
`purity.” See Ex. 1033 at 1.
`
`4.
`
`On or about March 26, 2014, I responded to Paragon’s E-mail via a UPS
`
`overnight mail. See Ex. 1031. Included in the UPS overnight mail was
`
`the letter (“the Letter”) (attached as Ex. 1031) and Altaire’s Validation
`
`Report STUO346 — Method Validation Report for Qualitative Chiral
`
`Purity HCL in Phenylephrine HCl Ophthalmic Solution, USP (2.5% and
`
`10%). See id. As I sent the package, I can personally attest that Altaire
`
`sent STUO346 to Paragon on or about March 26, 2014. Additional
`
`corroborative evidence can be found on the receipt included on the
`
`Letter.
`
`I finther declare that all statements made herein of my own knowledge are true and
`
`that all statements made on infonnation and belief are believed to be true; and
`
`Exhibit 1032, F9%Ҥӎ"
`
`‘8?“3‘
`
`Exhibit 1032, Page 2 of 3
`
`

`
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`
`Exhibit 1032, Page 3 of 3

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