throbber
Case 1:22-cv-00061-TSK-JPM Document 505-5 Filed 05/26/23 Page 1 of 11 PageID #:
`40330
`

`

`

`

`
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`
`
`Exhibit 1
`
`
`
`
`

`

`Case 1:22-cv-00061-TSK-JPM Document 505-5 Filed 05/26/23 Page 2 of 11 PageID #:
`40331
`
`Electronic Patent Application Fee Transmittal
`
`Application Number:
`
`Filing Date:
`
`13940370
`
`12-Jul-2013
`
`Title of Invention:
`
`USE OF A VEGF ANTAGONIST TO TREAT ANGIOGENIC EYE DISORDERS
`
`First Named Inventor/Applicant Name:
`
`George D. YANCOPOULOS
`
`Filer:
`
`Attorney Docket Number:
`
`Karl Bozicevic
`
`REGN-OO8CIP (725A1-US)
`
`Filed as Large Entity
`Utility under 35 USC 111(a) Filing Fees
`
`Description
`
`Fee Code
`
`Quantity
`
`Amount
`
`see
`
`in
`
`Basic Filing:
`
`Pages:
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`Claims:
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`Miscellaneous-Filing:
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`Late Filing Fee for Oath or Declaration
`
`1051
`
`1
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`140
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`140
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`Petition:
`
`Patent-Appeals-and-Interference:
`
`Post-Allowance-and-Post-Issuance:
`
`Extension-of-Time:
`
`RGN-EYLEA-MYLAN-0001
`
`

`

`Case 1:22-cv-00061-TSK-JPM Document 505-5 Filed 05/26/23 Page 3 of 11 PageID #:
`40332
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`140
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`RGN-EYLEA-MYLAN-0001 3856
`
`

`

`Case 1:22-cv-00061-TSK-JPM Document 505-5 Filed 05/26/23 Page 4 of 11 PageID #:
`40333
`Electronic Acknowledgement Receipt
`
`EFS ID:
`
`Application Number:
`
`17345138
`
`13940370
`
`International Application Number:
`
`Confirmation Number:
`
`1055
`
`Title of Invention:
`
`USE OF A VEGF ANTAGONISTTO TREAT ANGIOGENIC EYE DISORDERS
`
`First Named Inventor/Applicant Name:
`
`George D. YANCOPOULOS
`
`Customer Number:
`
`96387
`
`Filer:
`
`Karl Bozicevic
`
`Filer Authorized By:
`
`Attorney Docket Number:
`
`REGN-OO8CIP (725A1-US)
`
`Receipt Date:
`
`Filing Date:
`
`Time Stamp:
`
`Application Type:
`Payment information:
`Submitted with Payment
`Payment Type
`Payment was successfully received in RAM
`RAM confirmation Number
`Deposit Account
`Authorized User
`File Listing:
`
`08-NOV-2013
`
`12-JUL-2013
`
`15:01:20
`
`Utility under 35 USC 111(a)
`
`yes
`Credit Card
`
`$140
`
`1643
`
`Document
`Number
`
`Document Description
`
`File Name
`
`File Size(Bytes)/
`Message Digest
`
`Multi
`Part /.zip
`
`Pages
`(if appl.)
`
`RGN-EYLEA-MYLAN-0001 3857
`
`

`

`Case 1:22-cv-00061-TSK-JPM Document 505-5 Filed 05/26/23 Page 5 of 11 PageID #:
`40334
`173091
`REGN-OO8CIP_declaration.pdf
`
`no
`
`2
`
`1
`
`Oath or Declaration filed
`
`3a93479288a89f/da66eacO0b7<d26602555
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`Warnings:
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`Image File Wrapper and may affect subsequent processing
`Information:
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`Assignee showing of ownership per 37
`CFR 3.73.
`
`679921
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`127d6328a64f500eBab2abaes
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`Information:
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`3
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`REGN_genl_poa_AlA.pdf
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`108269
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`Information:
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`
`fee-info.pdf
`
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`This Acknowledgement Receipt evidences receipt on the noted date by the USPTOofthe indicated documents,
`characterized by the applicant, and including page counts, where applicable. It serves as evidence of receipt similar to a
`Post Card, as described in MPEP 503.
`
`991520
`
`New Applications Under 35 U.S.C. 111
`Ifanew application is being filed and the application includes the necessary components for a filing date (see 37 CFR
`1.53(b)-(d) and MPEP 506), a Filing Receipt (37 CFR 1.54) will be issued in due course and the date shown on this
`Acknowledgement Receipt will establish the filing date of the application.
`National Stage of an International Application under 35 U.S.C. 371
`Ifa timely submission to enter the national stage of an international application is compliant with the conditions of 35
`U.S.C. 371 and other applicable requirements a Form PCT/DO/EO/903 indicating acceptance of the application asa
`national stage submission under 35 U.S.C. 371 will be issued in addition to the Filing Receipt, in due course.
`New International Application Filed with the USPTO as a Receiving Office
`Ifanew international application is being filed and the international application includes the necessary components for
`an international filing date (see PCT Article 11 and MPEP 1810), a Notification of the International Application Number
`andof the International Filing Date (Form PCT/RO/105) will be issued in due course, subject to prescriptions concerning
`national security, and the date shown on this Acknowledgement Receipt will establish the international filing date of
`the application.
`
`RGN-EYLEA-MYLAN-0001 3858
`
`

`

`Case 1:22-cv-00061-TSK-JPM Document 505-5 Filed 05/26/23 Page 6 of 11 PageID #:
`40335
`
`PTOIALD! (06-12)
`Approved for use through 04/31/2014, OMB 0651-0032
`U.S. Palani and Trademark Olfico; U.S. DEPARTMENTOFCOMMERCE
`Under the Paperwork ReducUon Aci of 1995, no persons ere roquived to respond to a collection of Information unieas Il disptays a valid OMB control number.
`
`DECLARATION (37 CFR 1.63) FOR UTILITY OR DESIGN APPLICATION USING AN
`APPLICATION DATA SHEET (37 CFR 1.76)
`
`Invention
`
`USE OF A VEGF ANTAGONIST TO TREAT ANGIOGENIC EYE DISORDERS
`
`This declaration
`is directed fo:
`
`As the below named inventor, | hereby declare that:
`The attached application, or
`xX United States application or PCT International application number
`July 12, 2013
`
`fledon_
`
`The above-identified application was made or authorized to be made by me.
`
`| believe that] am the original inventor or an original jolnt inventor of a clalmed invention in the application.
`
`| hereby acknowledge that any willful false statement made fn this declaration is punishable under 18 U.S.C. 1001
`by fine or imprisonment of not more than (5) years, or both.
`
`WARNING:
`Petitioner/applicant is cautianed to avold submitting personal information in documents filed in a patent application thal may
`ontribute to identity theft. Personal information such as soclal security numbers, bank account numbers, or credit card numbers
`(other than a check or credit card authorization form PTO-2038 submitted for payment purposes) is never required by the
`USPTO to support a petition or an application. if this type of personal information Is included in documents submitted to the
`USPTO, petitioners/applicants should consider redacting such personat information from the documents before submitting them
`to the USPTO. Petitioner/applicant fs advised that the record of a patent apptication is available to the public after publication of
`he application (unless a non-publication request in compliance with 37 CFR 1.213(a) is made in the application) or issuance of a
`oatent. Furthermore, the record from an abandoned application may also be available to the public if the application is referenced
`n a published application or an issued patent (see 37 CFR 1.14). Checks and credit card authorization forms PTO-2038
`submitted for payment purposes are not retained in the application file and therefore are not publicly available.
`
`LEGAL NAME OF INVENTOR
`
`Inventor:
`Signature: t
`Note: An application data sheet (PTO/SB/14 of equivalent}, including naming the entire inventive entity, must accompany this form.
`Use an additional PTO/AIA/O1 form for each additional inventor.
`
`Date (Optional) :
`
`This collection of inlormation is required by 35 U.S.C. 115 and 37 CFR 1.63. The intermation is raquired to obtain or retain a benefit by the public which is to file
`{and by the USPTO to process) an application. Confidantiatity is governed dy 35 U.S.C, 122 and 37 CFA 1.11 and 1.14. This collection is estimated to take 1 minute
`to complete, including gathering, preparing, and submitting the completed application form to the USPTO. Time will vary depending upon tite individual case. Any
`comments on theamountof lima you require tacomplete this form and/or suggestions far reducing this burden, should be sent to the Chief Infosmation Officer, U.S.
`Patent and Trademark Office, U.S. Department of Commerce, P.O, Box 1450, Alexandtia, VA 22313-1450. DO NOT SEND FEES OR COMPLETED FORMS TO
`THIS ADDRESS. SEND TO: Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.
`Ifyou need assistance in completing the fom, call 1-800-PTO-9199 and select option 2.
`
`RGN-EYLEA-MYLAN-0001 3859
`
`

`

`Case 1:22-cv-00061-TSK-JPM Document 505-5 Filed 05/26/23 Page 7 of 11 PageID #:
`40336
`
`Privacy Act Statement
`The Privacy Act of 1974 (P.L. 93-579) requires that you be given certain Information in connection
`with your submission of the attached form related to a patent applicatton or patent. Accordingly,
`pursuant to the requirements of the Act, please be advised that: (1) the general authority for the
`collection of this Information is 35 U.S.C. 2(b)(2); (2) furnishing of the information solicited is voluntary;
`and (3) the principal purpose for which the information is used by the U.S. Patent and Trademark
`Office is to process and/or examine your submission related to a patent application or patent. If you do
`not furnish the requested information, the U.S. Patent and Trademark Office may not be able to
`process and/or examine your submission, which may result in termination of proceedings or
`abandonment of the application or expiration of the patent.
`The information provided by you in this form will be subject to the following routine uses:
`1. The information on this form will be treated confidentially to the extent allowed under the
`Freedom of information Act (5 U.S.C, 552) and the Privacy Act (5 U.S.C 552a). Records from
`this system of records may be disclosed to the Department of Justice to determine whether
`disclosure of these records is required by the Freedom of Information Act.
`2. Arecord from this system of records may be disclosed, as a routine use, in the course of
`presenting evidence to a court, magistrate, or administrative triounal, including disclosures to
`opposing counsel in the course of settlement negotiations.
`3. Arecord in this system of records may be disclosed, as a routine use, to a Member of
`Congress submitting a request involving an individual, to whom the record pertains, when the
`individuai has requested assistance from the Member with respect to the subject matter of the
`record,
`4. Arecord In this system of records may be disclosed, as a routine use, to a contractor of the
`Agency having need for the Information in order to perform a contract. Recipients of
`information shall be required to comply with the requirements of ihe Privacy Act of 1974, as
`amended, pursuant to 5 U.S.C. 552a(m)}.
`5. Arecord related to an International Application filed under the Patent Coaperation Treaty in
`this system of records may be disclosed, as a routine use, to the Intemational Bureau of the
`World intellectual Property Organization, pursuant to the Patent Cooperation Treaty.
`6. Arecord in this system of records may be disclosed, as a routine use, to another federal
`agency for purposes of National Security review (35 U.S.C. 181) and for review pursuant to
`the Atomic Energy Act (42 U.S.C. 218(c)).
`7. Arecord from this system of records may be disclosed, as a routine use, to the Administrator,
`General Services, or his/her designee, during an Inspection of records conducted by GSA as
`part of that agency's responsibilily to recommend improvements in records management
`practices and programs, under authorlty of 44 U.S.C. 2904 and 2906. Such disclosure shall
`be made in accordance with the GSA regulations governing inspection of recards for this
`purpose, and any other relevant ( i.e., GSA or Commerce} directive, Such disclosure shall nat
`be used to make determinations about individuals.
`8. Arecord from this system of records may be disclosed, as a routine use, to ihe public after
`elther publication of the application pursuant to 35 U.S.C.
`or issuance of a patent
`pursuant to 35 U.S.C. 151. Further, a record maybe disclosed, subject to the limitations of 37
`CFR 1.14, as a routine use, to the public if the record was filed in an application which
`became abandoned or in which the proceedings were terminated and which application is
`referenced by either a published application, an application open to public inspection or an
`issued patent.
`9. Arecord from this system of records may be disclosed, as a routine use, to a Federal, State,
`or local law enforcement agency, if the USPTO becomes aware of a violation or potential
`Violation of law or regulation.
`
`10.
`
`RGN-EYLEA-MYLAN-0001 3860
`
`

`

`Case 1:22-cv-00061-TSK-JPM Document 505-5 Filed 05/26/23 Page 8 of 11 PageID #:
`40337
`
`PTO/AIA/9S (08-12)
`Approved for use through 01/31/2013. OMB 0651-0031
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`Under the Papenvork Reduction Act of 1995, no persons are required to respond to a collection of laformation unless it displays a valid OMB control number.
`STATEMENT UNDER 37 CFR 3.73(c)
`Applicant/Patent Owner: Regeneron Pharmaceuticals, Inc.
`Fited/issue Date: July 12, 2013
`Application No./Patent No.:
`Titled: Use of a VEGF Antagonist to Treat Angiogenic Eye Disorders
`corporation
`REGENERON PHARMACEUTICALS, INC.
`(Nameof Assignee)
`(Typeof Assignee, e.g., corparation, partnership, university, government agency, etc.)
`states that, for the patent application/patent identified above, it is (chose one of options 1, 2, 3, 4 below):
`The assignee of the entire right, title, and interest.
`1.
`An assignee of less than the entire right, title and interest (check applicable box):
`%. Additional Statement(s) by the owners holding the
`The extent (by percentage) of its ownership interest is
`balance of the interest must be submitted to account for 100% of the ownership interest.
`There are unspecified percentages of ownership. The other parties, including inventors, who together own the entire
`right, title and interest are:
`
`2.
`
`Additional Statement(s) by the owner(s) holding the balance of the interest must be submitted to account for the entire
`right, title, and interest.
`The assignee of an undivided interestin the entirety (a complete assignment from one of the joint inventors was made).
`3.
`The other parties, including inventors, who together own the entire right, title, and interest are:
`
`Additional! Statement(s) by the owner(s) holding the balance of the interest must be submitted to account for the entire
`right, title, and interest.
`The recipient, via a court proceeding or the like (e.g. bankruptcy, probate), or an undivided interestin the entirety (a
`4,
`complete transfer of ownership interest was made). The certified document(s) showing the transferis attached.
`The interest identified in option +, 2, or 3 above (not option 4)is evidenced by either (choose one of options A or B below):
`Xx]
`An assignment from the inventor(s) of the patent application/patent identified above. The assignment was recorded in
`A.
`, or for which a copy
`, Frame
`the United States Patent and Trademark Office at Reel
`thereof is attached.
`A chain of title from the inventor(s), of the patent application/patent identified above, to the current assignee as follows:
`To:
`1. From:
`
`The document was recorded in the United States Patent and Trademark Office at
`oF for which a copy thereof is attached.
`Reel
`Frame
`To:
`
`2. From:
`
`The document was recorded in the United States Patent and Trademark Office at
`Reel
`, of for which a copy thereof is attached.
`
`, Frame
`
`{Page 1 of 2]
`This collection of information is required by 37 CFR 3.73(b). Tha information Is required to obtain or retaln a benefit by the pudlic which is to file {and by the USPTO to
`process) an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.11 and 1.14. This collection is estimated to take 12 minutes to complete, including
`gathering, preparing, and submitting the completed application form to the USPTO. Time will vary depending upon the individual case. Any comments on the amount
`of time you require to complete this form and/or suggestions for reducing this burden, should be sent to the Chief information Officer, U.S. Patent and Trademark
`Office, U.S. Department of Commerce, P.O. Box 1450, Alexandria, VA 22313-1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND
`JO: Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.
`Ifyou need assistance in completing theform, call 1-800-PTO-9199 and select option 2.
`
`RGN-EYLEA-MYLAN-0001 3861
`
`

`

`Case 1:22-cv-00061-TSK-JPM Document 505-5 Filed 05/26/23 Page 9 of 11 PageID #:
`40338
`
`PTO/AIA/96 (08-12}
`Approved for use through 01/31/2013. OMB 0851-0031
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a cotlection of information unless It displays a valld OMB control number.
`STATEMENT UNDER 37 CFR 3.73(c)
`
`To:
`
`The document was recorded in the United States Patent and Trademark Office at
`Reel
`or for which a copy thereof is attached.
`
`, Frame
`
`To:
`
`The document was recorded in the United States Patent and Trademark Office at
`Reel
`of for which a copy thereof is attached.
`
`, Frame
`
`To:
`
`The document was recorded in the United States Patent and Trademark Office at
`Reel
`or for which a copy thereof is attached.
`To:
`
`, Frame
`
`The document was recorded in the United States Patent and Trademark Office at
`Reel
`or for which a copy thereof is attached.
`Additional documents in the chain of title are listed on a supplementai sheet.
`
`, Frame
`
`As required by 37 CFR 3.73(c)(1)(i), the documentary evidence of the chain of title from the original owner to the
`assignee was, or concurrently is being, submitted for recordation pursuant to 37 CFR 3.11.
`[NOTE: A separate copy (i.e., a true copy of the original assignment document(s)) must be submitted to Assignment
`Division in accordance with 37 CFR Part 3, to record the assignment in the records of the USPTO. See MPEP 302.08)
`
`The undersigned (whose tille is supplied below) is authorized to act on behalf of the assignee.
`/Karl Bozicevic, Reg. No. 28,807/
`Signature
`
`November 8, 2013
`Date
`
`Karl Bozicevic
`Printed or Typed Name
`
`[Page 2 of 2]
`
`28,807
`Title or Registration Number
`
`RGN-EYLEA-MYLAN-0001 3862
`
`

`

`Case 1:22-cv-00061-TSK-JPM Document 505-5 Filed 05/26/23 Page 10 of 11 PageID #:
`40339
`
`FN
`WA Asis
`wots Net!
`
`Qe
`
`ATTY DOCKET NO.:
`ASSIGNMENT
`Page.1 of 2
`
`ASSIGNMENT
`|, George D. YANCOPOULOS, residing at 1519 Baptist Church Road,
`am invefiter of the invention(s) disclosed and/or claimed in the
`
`WHEREAS,
`‘Yorktown Heights,
`following patent application:
`"USE OF A VEGF ANTAGONIST TO TREAT ANGIOGENIC EYEDISORDERS”
`Serial No. 13/840,370; filed July 12, 2043.
`
`WHEREAS, REGENERON PHARMACEUTIGALS, INC., a corporation organized and
`existing under the laws of the State of New York, with offices at 777 Old Saw Mill River Road,
`Tarrytown, New York 10591-6707, U.S.A, (HEREINAFTER called “ASSIGNEE") is desirous of
`acquiring my (our} entire right, title and interest in, fo, and under said application(s);
`NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) fo me (us) in
`the receipt of which fs hereby
`hand. paid, anid other good. and valuable consideration,
`acknowledged, | (WE), said ASSIGNOR(S), have sold, assigned, transferred and set over, and
`by these presents do hereby sell, assign,
`transfer and sét over unto said ASSIGNEE,
`its
`legal representatives, and assigns, my (our) entire right, title and interest for alt
`éuccessors,
`countries in and to any and all Inventions which are disclosed and claimed, and any and all
`In the above-described United States
`inventions which are disclosed but not claimed,
`application(s}, and in and te said United States Application(s) and all divisions, renewals,
`continuations, and continuations-in-part thereof, atid all Patents of the United States which may
`bé granted thereon and all reissues arid extensions thereof; and all applications for industrial
`property protection,
`including, without limitation, all applications for patents ufilty models, and
`designs which may hereafter be fildd for said inventions in any country or countries foreign to
`the United States, together with the right to file such applications and the right to claim for the
`same the priority rights derived from said United States application(s) under the Patent Laws of
`the United States, the International Canvention of 1883 and later modifications thereof, under
`the Patent Cooperation Treaty, under the European Patent Convention, or under any other
`available international agreement or under the domestic laws of the country in which any such
`application is filed, as may be applicable; and all forms of industrial property protection,
`inventors’ certificates and designs which
`including, without limitation, patents, utility models,
`may be granted for said inventions in any country or countries foreign to the United ‘States and
`all extensions, ren@wals and reissues thereof;
`
`RGN-EYLEA-MYLAN-0001 3863
`
`od
`

`

`Case 1:22-cv-00061-TSK-JPM Document 505-5 Filed 05/26/23 Page 11 of 11 PageID #:
`40340
`
`ATTY DOCKET NO.: 725A-1
`ASSIGNMENT
`Page 2 of 2
`
`their
`
`(WE) HEREBY authorize and request the Commissioner of Patents and
`AND |
`Trademarks of the United Statés and any Official of any country or countries foreign to the
`United States whose duty if is fo issue patents or other evidenceor forms of industrial property
`protection on applications as. aforesaid,
`to issue the same io the said ASSIGNEE,
`successors, legal representatives and assigns, in accordance with this instrument,
`AND (VE) HEREBY covenant and agree that | (WE) have full right to convey the
`entire interest hereinafter assigned, and that | (VE) have not executed, ahd will not execute,
`any agreementin conflict herewith;
`AND | (WE) HEREBY further covenant and agree that | (WE) will communicate to said
`legal representatives and assigns, any facts known to me {us}
`ASSIGNEE,
`its successors,
`respecting said inventions, and testify in any legal proceeding, sign all lawful papers, execute all
`divisional, continuing, continuation-in-part, reissue and foreign applications, make all rightful
`legal
`Gaths, and generally do everything possible to aid said ASSIGNEE,
`its successors,
`representatives and assigns, to obtain and enforce proper protection for said inventions in all
`countries.
`hereunto sat my hand and seal the day and year set
`IN TESTIMONY WHEREOP,
`apposite my signature.
`
`RGN-EYLEA-MYLAN-0001 3864
`
`

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