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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
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`PGR2019-00002
`U.S. Patent 9,855,302 B2
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`I, Andrew Schultz, do hereby declare:
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`I am an attorney with the law firm Nelson Mullins Riley & Scarborough
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`LLP, One Post Office Square, 30th Floor, Boston, Massachusetts 02109. I submit
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`this declaration in support of Genome & Company Petitioner’s Reply to Patent
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`Owner’s Response. On information and belief:
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`1. Attached as Exhibit 1041 of Petitioner’s Reply is a true and accurate
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`copy of Charlene M. Fares et al., Mechanisms of Resistance to Immune
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`Checkpoint Blockade: Why Does Checkpoint Inhibitor Immunity Not
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`Work for All Patients?, American Society of Clinical Oncology
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`Educational Book, 39:147-164 (May 17, 2019).
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`2. Attached as Exhibit 1044 of Petitioner’s Reply is a true and accurate
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`copy of Borja Sánchez et al., The Effects of Bifidobacterium breve on
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`Immune Mediators and Proteome of HT29 Cells Monolayers, BioMed
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`Research International, 2015 (Article ID 479140):1-6 (2015).
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`3. Attached as Exhibit 1045 of Petitioner’s Reply is a true and accurate
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`copy of Vanessa K. Ridaura et al., Gut Microbiota from Twins
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`Discordant for Obesity Modulate Metabolism in Mice, Science,
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`341:1079, 1241214 (2013).
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`PGR2019-00002
`U.S. Patent 9,855,302 B2
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`4. Attached as Exhibit 1046 of Petitioner’s Reply is a true and accurate
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`copy of Gavin P. Dunn et al., The Three Es of Cancer Immunoediting,
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`Annu. Rev. Immunol., 22:329-360 (2004).
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`5. Attached as Exhibit 1047 of Petitioner’s Reply is a true and accurate
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`copy of Patrick Blanco et al., Dendritic cells and cytokines in human
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`inflammatory and autoimmune diseases, Cytokine & Growth Factor
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`Reviews,19 (Issue 1):41-52 (2008).
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`6. Attached as Exhibit 1048 of Petitioner’s Reply is a true and accurate
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`copy of Reza Aghebati Maleki et al., Effects of some natural
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`immunomodulatory compounds in combination with thalidomide on
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`survival rate and tumor size in fibrosarcoma-bearing mice, Advanced
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`Pharmaceutical Bulletin, 4, Suppl 1:465-470 (2014).
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`7. Attached as Exhibit 1049 of Petitioner’s Reply is a true and accurate
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`copy of Blanda Di Luccia et al., Lactobacillus gasseri SF1183 Affects
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`Intestinal Epithelial Cell Survival and Growth, PLoS ONE, 8(7):e69102
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`(2013).
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`8. Attached as Exhibit 1050 of Petitioner’s Reply is a true and accurate
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`copy of Mario Uccello et al., Potential role of probiotics on colorectal
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`cancer prevention, BMC Surgery, 12 (Suppl 1):S35(1-8) (2012).
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`2
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`PGR2019-00002
`U.S. Patent 9,855,302 B2
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`9. Attached as Exhibit 1051 of Petitioner’s Reply is a true and accurate
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`copy of Yu-Jie Zhang et al., Impacts of Gut Bacteria on Human Health
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`and Diseases, Int. J. Mol. Sci., 16:7493-7519 (2015).
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`10. Attached as Exhibit 1052 of Petitioner’s Reply is a true and accurate
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`copy of Natarajan Sithranga Boopathy et al., Effect of Mangrove Tea
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`Extract from Ceriops decandra (Griff.) Ding Hou. on Salivary Bacterial
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`Flora of DMBA Induced Hamster Buccal Pouch Carcinoma, Indian
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`Journal of Microbiology, 51(3):338-344 (2011).
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`11. Attached as Exhibit 1053 of Petitioner’s Reply is a true and accurate
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`copy of Yoram Bouhnik et al., Four-week short chain fructo-
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`oligosaccharides ingestion leads to increasing fecal bifidobacteria and
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`cholesterol excretion in healthy elderly volunteers, Nutrition Journal, 6
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`(42):1-7 pages (2007).
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`12. Attached as Exhibit 1054 of Petitioner’s Reply is a true and accurate
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`copy of Yan Yin et al., Therapeutic efficacy of Bifidobacterium longum-
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`mediated human interleukin-2 with endostatin or TRAIL in transplanted
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`tumors in mice, Experimental and Therapeutic Medicine, 3:481-486
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`(2012).
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`PGR2019-00002
`U.S. Patent 9,855,302 B2
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`13. Attached as Exhibit 1055 of Petitioner’s Reply is a true and accurate
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`copy of Rakesh K. Jain et al., Can engineered bacteria help control
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`cancer?, PNAS, 98(26):14748-14750 (2001).
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`14. Attached as Exhibit 1056 of Petitioner’s Reply is a true and accurate
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`copy of I. Brook, Isolation of non-sporing anaerobic rods from infections
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`in children, J Med Microbiol., 45(1):21-26 (1996).
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`15. Attached as Exhibit 1057 of Petitioner’s Reply is a true and accurate
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`copy of Emmanuelle Weber et al., Bifidobacterium Species Bacteremia:
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`Risk Factors in Adults and Infants, Clin Infect Dis., 61(3):482-484
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`(2015).
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`16. Attached as Exhibit 1058 of Petitioner’s Reply is a true and accurate
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`copy of Hilde Cheroutre et al., The light and dark sides of intestinal
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`intraepithelial lymphocytes, Nature Reviews Immunology, 11(7):445-456
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`(2011).
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`PGR2019~00002
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`U.S. Patent 9,855,302 B2
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`I declare that all statements made herein of my own knowledge are true and
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`that all statements made on information and belief are believed to be true, and
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`further that these statements were made with the knowledge that willful false
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`statements and the like so made are punishable by fine or imprisonment, or both,
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`under Section 1001 of Title 18 of the United States Code.
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` Dated:
`
`
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`‘
`
`Andrew Sfihnl
`Nelsonfiullins Riley & Scarborough LLP
`Ongsiffost Office Square, 30th Floor,
`Bésion, MA 02109
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`