IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`TEVA PHARMACEUTICALS USA, INC.,
`Petitioner
`
`V.
`
`CORCEPT THERAPEUTICS, INC.
`
`Patent Owner
`
`Case PGR2019-00048
`
`Patent No. 10,195,214 B2
`
`DECLARATION OF UMA N. EVERETT IN SUPPORT OF PETITIONER’S
`
`MOTION FOR PRO HAC VICE ADMISSION
`
`TEVA1 061
`Teva v. Corcept
`PG R201 9-00048
`
`TEVA1061
`Teva v. Corcept
`PGR2019-00048
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`TEVA PHARMACEUTICALS USA, INC.,
`Petitioner
`
`V.
`
`CORCEPT THERAPEUTICS, INC.
`
`Patent Owner
`
`Case PGR2019-00048
`
`Patent No. 10,195,214 B2
`
`DECLARATION OF UMA N. EVERETT IN SUPPORT OF PETITIONER’S
`
`MOTION FOR PRO HAC VICE ADMISSION
`
`TEVA1 061
`Teva v. Corcept
`PG R201 9-00048
`
`TEVA1061
`Teva v. Corcept
`PGR2019-00048
`
`
`
`PGR2019—00048
`
`US. Patent No. 10,195,214
`
`1, Uma N. Everett, declare as follows:
`
`1.
`
`I am a Director with the law firm of Sterne Kessler Goldstein & Fox
`
`PLLC. I represent and advise Petitioner Teva Pharmaceuticals USA, Inc. (“Teva”)
`
`in connection with the above—captioned post grant review (“PGR”) proceeding. I
`
`also represent Teva in connection with the underlying district court litigation
`
`(Corcept Therapeutics, Inc. v. Teva Pharmaceuticals USA, Inc, No. 1:18-cv—
`
`03632 (D.N.J.)) on the patent at issue in this PGR proceeding, 10,195,214 (“the
`
`’214 patent”).
`
`2.
`
`I have been a member in good standing of the Bar of the District of
`
`Columbia since 2002. I am admitted to practice in several US. district courts, the
`
`US. Court of Appeals for the Federal Circuit, and the Third Circuit.
`
`3.
`
`I have not been suspended or disbarred from practice before any court
`
`or administrative body.
`
`4.
`
`No sanction or contempt citation has been imposed against me by any
`
`court or administrative body.
`
`5.
`
`I have never had an application for admission to practice before any
`
`court or administrative body denied.
`
`6.
`
`I practice litigation, primarily patent litigation, and have done so
`
`throughout my career as an attorney. I have litigated dozens of patent cases across
`
`the country, including in Delaware, New Jersey, and the International Trade
`
`-1-
`
`
`
`IPR2019—00048
`
`U.S. Patent No. 10,195,214
`
`Commission.
`
`7.
`
`I have extensively reviewed the ’214 patent, its prosecution history
`
`and related materials, and the Patent Owner’s infringement contentions served in
`
`the litigation against Teva. Additionally, I worked on Petitioner’s invalidity
`
`contentions in the litigation, and accordingly have gained significant familiarity
`
`with the invalidity issues in that case. These issues significantly overlap with the
`
`corresponding issues in this PGR proceeding. My involvement in the concurrent
`
`litigation has made me very familiar with the proposed invalidity grounds and the
`
`cited references in this proceeding.
`
`8.
`
`In this PGR proceeding, I have worked with lead counsel and backup
`
`counsel named in this proceeding to identify and analyze the references relied upon
`
`in the petition and to assist with drafting the petition.
`
`9.
`
`The prior-art references at issue in the PGR proceeding are also
`
`relevant in the underlying litigation in the case against Teva, and I have reviewed a
`
`vast amount of additional, related prior art for the invalidity contentions in the
`
`district-court litigation.
`
`10.
`
`I have conferred with Dr. Greenblatt, and I thoroughly understand Dr.
`
`Greenblatt’s testimony related to prior-art publications cited in this PGR
`
`proceeding.
`
`11.
`
`Since 2005, I have represented pharmaceutical companies in
`
`
`
`IPR2019—00048
`
`U.S. Patent No. 10,195,214
`
`connection with multiple patent litigations regarding various technologies,
`
`including, but not limited to, the mifepristone drug product at issue in this PGR.
`
`This includes the following recent litigations:
`
`Par Pharm, Inc. v. American Regent, Inc, No. 1:19—cv-Ol490 (DED);
`
`Cipla Ltd. v. AstraZeneca A.B., Nos. 1:19-cv—00733, 1:19-cv—00438 (DNJ);
`
`Celgene Corporation v. Cipla Ltd, Nos. 2:18—cv-08964, 2:17—cv—06l63
`(DNJ);
`
`Meda Pharm. Inc. v. Perrigo UK FINCO Ltd. P ’Ship, No. 1:16—cv—00794
`(DED);
`
`.Meda Pharm. Inc. v. Apotex Inc, No. 1:14-cv-01453 (DED);
`
`Auxilum Pharm. Inc. v. Upsher-Smith Labs, Inc. Nos. l—l.3—cv-00148, 1-08—
`cv—00908 (DED);
`
`Endo Pharm. Inc. v. Amneal Pharm, LLC, No. 1:12—cv~081 15 (SDNY) ;
`
`Lithium Silicate Materials & Prods. Containing the Same, 337—TA—911
`
`(ITC); and
`
`Corcept Therapeutics, Inc. v. Teva Pharm. USA, Inc, No. 2:18—cv—03632
`(DNJ).
`
`12.
`
`Through this work, I have developed in—depth knowledge of the
`
`relevant issues in this proceeding. This knowledge includes my analysis of a
`
`significant number of patents, articles, books, and other materials regarding these
`
`technologies. My experience also includes knowledge gained from working closely
`
`with several technical experts from academia and industry. And I have participated
`
`in meetings with Teva’s in—house employees regarding various technologies and
`
`applications, including, for example, as related to mifepristone.
`
`_3_
`
`
`
`IPR2019-00048
`
`US. Patent No. 10,195,214
`
`13. Within the past three years, I have requested to appear pro hac vice
`
`before the Office in Argentum Pharmaceuticals LLC et a] v. Cz’pla Limited 61 al.,
`
`IPR2017—00807 (PTAB), and my request was granted.
`
`14.
`
`I have read and will comply with the Office Patent Trial Practice
`
`Guide and the Board’s Rules of Practice for Trials set forth in part 42 of the Code
`
`of Federal Regulations.
`
`15.
`
`I understand that I will be subject to the USPTO Rules of Professional
`
`Conduct set forth in 37 C.F.R. §§ 11.101 et seq. and disciplinary jurisdiction
`
`pursuant to 37 C.F.R. § 11.19(a).
`
`16.
`
`I hereby 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. I further declare that these statements were made with the
`
`knowledge that Willfill 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
`
`and that such willful false statements may jeopardize the validity of this
`
`proceeding.
`
`Respectfully submitted,
`
`
`
`Date:
`
`l'll“l 1
`
`
`
`
`District of Columbia, SS.
`ed and Sworn to bet ,re m-
`Subscri
`
`
`
`N e' NN-WHITE
`EARN ESTEE
`
`Notary Public. District of Columbia
`My commission expires May 31, 2023
`
`
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