`Declaration of Assad Sawaya in Support of Petitioner’s Repiy
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`Altaire Pharmaceuticals, Inc.
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`Petitioner
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`V.
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`Paragon Bz'oTeck, Inc.
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`Patent Owner
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`U.S. Patent No. 8,859,623
`Issue Date: October 14, 2014
`Entitled: METHODS AND COMPOSITIONS OF STABLE PHENYLEPHRINE
`FORMULATIONS
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`Post-Grant Review No.: PGR2015-0001 1
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`DECLARATI%N OF ASSAD SAWAYA IN
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`DocumentNumber: 3327905
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`Exhibit 1022, page 1 of 6
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`Exhibit 1022, Page 1 of 6
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`US. Patent No. 8,859,623
`Declaration of Assad Sawaya in Support of Petitioner’s Reply
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`I, Assad Sawaya, declare as follows:
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`1.
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`I am President of Altaire Pharmaceutical, Inc. (“Altaire”). I am
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`also General Manager of Sawaya Aquebogue, LLC (“Saw Aque”). I make this
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`declaration based upon my personal knowledge of the facts stated herein.
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`2.
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`Altaire is a corporation with its principal place of business
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`located at 311 West Lane, Aquebogue, NY 11931. Altaire is incorporated under
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`the laws of New York.
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`3.
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`Altaire manufactures numerous pharmaceutical compositions
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`and drugs. One such composition, phenylephrine hydrochloride ophthalmic
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`solution, is the subject of U.S. Patent 8,859,623 (“the ’623 patent”). Altaire has
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`been manufacturing, selling and distributing phenylephrine hydrochloride
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`ophthalmic solution for several years prior to the filing of the ’623 patent.
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`4.
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`Saw Aque is a limited liability company organized under the
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`laws of New York. Saw Aque is a holding company.‘
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`5.
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`Saw Aque does not manufacture or sell any products related to
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`the ’623 patent. Nor is Saw Aque party to any agreement regarding the subject
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`matter of the ’623 patent. In addition, Saw Aque maintains no affiliate
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`relationships with any entity that manufactures or sells products covered by the
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`’623 patent.
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`Exhibit 1022, Page 2 of 6
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`Exhibit 1022, Page 2 of 6
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`U.S. Patent No. 8,859,623
`Declaration of Assad Sawaya in Support of Petitioner’s Reply
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`6.
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`Altaire and Saw Aque are separate and distinct entities having
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`different ownership interests. Altaire and Saw Aque do not have a
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`parent/subsidiary relationship Altaire has no ownership interest in Saw Aque, and
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`Saw Aque has no ownership interest in Altaire, either directly or indirectly.
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`Altaire and Saw Aque are not under common control or even run by the same
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`person, with each having different ownership interests and different controlling
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`interests.
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`7.
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`Altaire and Saw Aque maintain separate business records, pay
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`separate taxes, and have completely different business objectives. While I have a
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`leadership position in both entities, each entity has separate interests and goals,
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`and I separately represent those interests and goals.
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`8.
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`Altaire and Saw Aque, furthermore, are in different fields of
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`business. Altaire is in the business of pharmaceutical research, development,
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`manufacturing, supply and distribution. In contrast, Saw Aque is a holding
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`company that holds real property‘ Saw Aque does not
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`make, sell, manufacture, supply, or distribute any pharmaceutical products.
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`9.
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`Saw Aque does not have an interest in reviewing the ’623
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`patent. Saw Aque does not have an ownership interest in any entity that could
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`infringe the ’623 patent. Saw Aque does not have the capabilities to manufacture
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`or sell products that allegedly could be covered by the ’623 patent.
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`Exhibit 1022, Page 3 of 6
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`Exhibit 1022, Page 3 of 6
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`U.S. Patent No. 8,859,623
`Declaration of Assad Sawaya in Support of Petitioner’s Reply
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`10.
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`The sales by Altaire to Paragon are irrelevant to Saw Aque’s
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`business. Saw Aque does not receive consideration from Altaire as a result of its
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`sales to Paragon of products. Saw Aque does not benefit from increased sales by
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`Altaire. Saw Aque would obtain no financial benefit from the cancellation of the
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`’623 patent.
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`ll.
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`Saw Aque’s interests are not unified with Altaire’s in this PGR
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`proceeding.
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`l2. Altaire alone is in control of this post grant review proceeding.
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`Altaire alone funded and sought review of the ’623 patent. Altaire alone intends
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`to solely control the review proceeding without input from Saw Aque. Saw Aque
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`did not direct, control, or fund the preparation or filing of the Petition.
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`13. Altaire and Saw Aque have a tenant — landlord relationship.
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`Saw Aque leases certain property to Altaire. The lease agreement was negotiated
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`and reflects arm length rates.
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`14. As I understand, Paragon filed a lawsuit alleging that Altaire
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`and Saw Aque breached a contract agreement (“Agreement”) with Paragon. My
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`understanding of the lawsuit is that the only allegations relate to misuse of
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`Exhibit 1022, Page 4 of 6
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`Exhibit 1022, Page 4 of 6
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`U.S. Patent No. 8,859,623
`Declaration of Assad Sawaya in Support of Petitioner’s Reply
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`confidential information and breach of contract. There are no patent related
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`claims.
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`15.
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`The lawsuit’s underlying Agreement is solely by and between
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`Altaire and Paragon. Saw Aque is not a party to the Agreement. For example,
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`Saw Aque has no obligations to either Altaire or Paragon under the Agreement,
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`and was not a party to signing the Agreement.
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`Exhibit 1022, Page 5 of 6
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`Exhibit 1022, Page 5 of 6
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`U.S. Patent No. 8,859,623
`Declaration of Assad Sawaya in Support of Petitioner’s Reply
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`A
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`I declare under penalty of perjury under the laws of the United States
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`of America that the foregoing is true and correct. Executed this 28th of
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`September, 2015, at 31 1 West Lane, Aquebogue, NY, 1 1931.
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`Exhibit 1022, Page 6 of 6
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`Exhibit 1022, Page 6 of 6