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`UNITED STATES PATENT AND TRADEMARK OFFICE
`___________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
`
`GENOME & COMPANY,
`Petitioner
`
`v.
`
`THE UNIVERSITY OF CHICAGO,
`Patent Owner
`___________________
`
`Case No. PGR2019-00002
`U.S. Patent 9,855,302 B2
`___________________
`
`
`DECLARATION OF ANDREW SCHULTZ
`
`
`
`
`PGR2019-00002
`U.S. Patent 9,855,302 B2
`
`I, Andrew Schultz, do hereby declare:
`
`I am an attorney with the law firm Nelson Mullins Riley & Scarborough
`
`LLP, One Post Office Square, 30th Floor, Boston, Massachusetts 02109. I submit
`
`this declaration in support of Genome & Company Petitioner’s Reply to Patent
`
`Owner’s Response. On information and belief:
`
`1. Attached as Exhibit 1041 of Petitioner’s Reply is a true and accurate
`
`copy of Charlene M. Fares et al., Mechanisms of Resistance to Immune
`
`Checkpoint Blockade: Why Does Checkpoint Inhibitor Immunity Not
`
`Work for All Patients?, American Society of Clinical Oncology
`
`Educational Book, 39:147-164 (May 17, 2019).
`
`2. Attached as Exhibit 1044 of Petitioner’s Reply is a true and accurate
`
`copy of Borja Sánchez et al., The Effects of Bifidobacterium breve on
`
`Immune Mediators and Proteome of HT29 Cells Monolayers, BioMed
`
`Research International, 2015 (Article ID 479140):1-6 (2015).
`
`3. Attached as Exhibit 1045 of Petitioner’s Reply is a true and accurate
`
`copy of Vanessa K. Ridaura et al., Gut Microbiota from Twins
`
`Discordant for Obesity Modulate Metabolism in Mice, Science,
`
`341:1079, 1241214 (2013).
`
`
`
`1
`
`
`
`PGR2019-00002
`U.S. Patent 9,855,302 B2
`
`4. Attached as Exhibit 1046 of Petitioner’s Reply is a true and accurate
`
`copy of Gavin P. Dunn et al., The Three Es of Cancer Immunoediting,
`
`Annu. Rev. Immunol., 22:329-360 (2004).
`
`5. Attached as Exhibit 1047 of Petitioner’s Reply is a true and accurate
`
`copy of Patrick Blanco et al., Dendritic cells and cytokines in human
`
`inflammatory and autoimmune diseases, Cytokine & Growth Factor
`
`Reviews,19 (Issue 1):41-52 (2008).
`
`6. Attached as Exhibit 1048 of Petitioner’s Reply is a true and accurate
`
`copy of Reza Aghebati Maleki et al., Effects of some natural
`
`immunomodulatory compounds in combination with thalidomide on
`
`survival rate and tumor size in fibrosarcoma-bearing mice, Advanced
`
`Pharmaceutical Bulletin, 4, Suppl 1:465-470 (2014).
`
`7. Attached as Exhibit 1049 of Petitioner’s Reply is a true and accurate
`
`copy of Blanda Di Luccia et al., Lactobacillus gasseri SF1183 Affects
`
`Intestinal Epithelial Cell Survival and Growth, PLoS ONE, 8(7):e69102
`
`(2013).
`
`8. Attached as Exhibit 1050 of Petitioner’s Reply is a true and accurate
`
`copy of Mario Uccello et al., Potential role of probiotics on colorectal
`
`cancer prevention, BMC Surgery, 12 (Suppl 1):S35(1-8) (2012).
`
`2
`
`
`
`
`PGR2019-00002
`U.S. Patent 9,855,302 B2
`
`9. Attached as Exhibit 1051 of Petitioner’s Reply is a true and accurate
`
`copy of Yu-Jie Zhang et al., Impacts of Gut Bacteria on Human Health
`
`and Diseases, Int. J. Mol. Sci., 16:7493-7519 (2015).
`
`10. Attached as Exhibit 1052 of Petitioner’s Reply is a true and accurate
`
`copy of Natarajan Sithranga Boopathy et al., Effect of Mangrove Tea
`
`Extract from Ceriops decandra (Griff.) Ding Hou. on Salivary Bacterial
`
`Flora of DMBA Induced Hamster Buccal Pouch Carcinoma, Indian
`
`Journal of Microbiology, 51(3):338-344 (2011).
`
`11. Attached as Exhibit 1053 of Petitioner’s Reply is a true and accurate
`
`copy of Yoram Bouhnik et al., Four-week short chain fructo-
`
`oligosaccharides ingestion leads to increasing fecal bifidobacteria and
`
`cholesterol excretion in healthy elderly volunteers, Nutrition Journal, 6
`
`(42):1-7 pages (2007).
`
`12. Attached as Exhibit 1054 of Petitioner’s Reply is a true and accurate
`
`copy of Yan Yin et al., Therapeutic efficacy of Bifidobacterium longum-
`
`mediated human interleukin-2 with endostatin or TRAIL in transplanted
`
`tumors in mice, Experimental and Therapeutic Medicine, 3:481-486
`
`(2012).
`
`3
`
`
`
`
`PGR2019-00002
`U.S. Patent 9,855,302 B2
`
`13. Attached as Exhibit 1055 of Petitioner’s Reply is a true and accurate
`
`copy of Rakesh K. Jain et al., Can engineered bacteria help control
`
`cancer?, PNAS, 98(26):14748-14750 (2001).
`
`14. Attached as Exhibit 1056 of Petitioner’s Reply is a true and accurate
`
`copy of I. Brook, Isolation of non-sporing anaerobic rods from infections
`
`in children, J Med Microbiol., 45(1):21-26 (1996).
`
`15. Attached as Exhibit 1057 of Petitioner’s Reply is a true and accurate
`
`copy of Emmanuelle Weber et al., Bifidobacterium Species Bacteremia:
`
`Risk Factors in Adults and Infants, Clin Infect Dis., 61(3):482-484
`
`(2015).
`
`16. Attached as Exhibit 1058 of Petitioner’s Reply is a true and accurate
`
`copy of Hilde Cheroutre et al., The light and dark sides of intestinal
`
`intraepithelial lymphocytes, Nature Reviews Immunology, 11(7):445-456
`
`(2011).
`
`
`
`
`
`4
`
`
`
`
`PGR2019-00002
`U.S. Patent 9,855,302 B2
`
`I declare that all statements made herein of my own knowledge are true and
`
`that all statements made on information and belief are believed to be true, and
`
`further that these statements were made with the knowledgethat 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.
`
`;
`é os
`;
`Zé,
`.
`WAL /20(9ft
`
`
`Dated:
`
`
`
`By:
`Andrew Schau
`NelsonMullins Riley & Scarborough LLP
`OnePost Office Square, 30th Fioor,
`Boston, MA 02109
`
`
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