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`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
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`DECLARATION # 2 OF MICHAEL SAWAYA
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`1, Michael Sawaya, do hereby declare as follows:
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`1.
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`I am General Counsel of Altaire Pharmaceuticals, Inc. (“Altaire”).
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`2.
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`On or about March 25, 2014 I received and reviewed an e-mail (“the E-
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`mail”) from Lauren MC Bluett, the Director of Quality Assurance at
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`Paragon BioTeck, Inc. (“Paragon”). A true and correct copy of the E-
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`mail I received and reviewed is attached as Exhibit 1033. I also have
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`Exhibit 1032, Page 1 of 3
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`Exhibit 1032, Page 1 of 3
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`
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`personal knowledge, and can confirm that to the best of my knowledge
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`Lauren Bluett was an employee or at least represented herself as an
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`employee of Paragon at the time I received the letter. As such, I have
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`personal knowledge and can confirm that Paragon transmitted the E-mail
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`to Altaire Pharmaceuticals, Inc. (“Altaire”) on the date identified in the
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`E-Mail. See Ex. 1033.
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`3.
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`In the E-mail, Paragon requested “all the work [Altaire] ha[s] on chiral
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`purity.” See Ex. 1033 at 1.
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`4.
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`On or about March 26, 2014, I responded to Paragon’s E-mail via a UPS
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`overnight mail. See Ex. 1031. Included in the UPS overnight mail was
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`the letter (“the Letter”) (attached as Ex. 1031) and Altaire’s Validation
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`Report STUO346 — Method Validation Report for Qualitative Chiral
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`Purity HCL in Phenylephrine HCl Ophthalmic Solution, USP (2.5% and
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`10%). See id. As I sent the package, I can personally attest that Altaire
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`sent STUO346 to Paragon on or about March 26, 2014. Additional
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`corroborative evidence can be found on the receipt included on the
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`Letter.
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`I finther declare that all statements made herein of my own knowledge are true and
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`that all statements made on infonnation and belief are believed to be true; and
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`Exhibit 1032, Page 2 of 3
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