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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`MYLAN PHARMACEUTICALS INC.,
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`Petitioner
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`V.
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`BIOGEN MA INC.,
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`Patent Owner
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`IPR2018—01403
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`Patent 8,399,514 B2
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`DECLARATION OF EMILY J. GREB
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`MYLAN PHARMS. INC. EXHIBIT 1134 PAGE 1
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`MYLAN PHARMS. INC. EXHIBIT 1134 PAGE 1
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`MYLAN PHARMS. INC. EXHIBIT 1134 PAGE 1
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`1.
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`I, Emily J. Greb, am over the age of eighteen and otherwise competent
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`to make this Declaration.
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`I have personal knowledge of the facts set forth in this
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`Declaration and am competent to testify to the same.
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`2.
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`I am an attorney at Perkins Coie LLP, counsel for Petitioner Mylan
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`Pharmaceuticals Inc. (“Mylan” or “Petitioner”) in connection with the above-
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`captioned inter partes review (“IPR”).
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`Exs. 1010 and 1054
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`3.
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`Exhibit 1010 is a true and correct copy of a Clinicaltrials. gov record as
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`filed in IPR2015—01993. Exhibit 1054 is a true and correct copy of the Declaration
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`of Robert Mihail, attorney for the Coalition For Affordable Drugs V LLC, as filed
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`in IPR2015-01993. Exhibit 1054 includes a description of the process by which Mr.
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`Mihail originally obtained Exhibit 1010 (referred to as Exhibit 1022 in the Mihail
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`Declaration). Exhibits 1010 and 1054 were originally filed as Exhibits 1022 and
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`1024A in IPR2015—01993, respectively, and retrieved by me or at my direction from
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`the
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`Patent
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`Trial
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`and
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`Appeal
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`Board
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`E2E
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`portal,
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`located
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`at
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`https://ptab.uspto.gov/#/login. An exhibit label was added to each of Exhibit 1010
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`and Exhibit 1054 by me or at my direction before these exhibits were filed on July
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`13, 2018. No other changes were made to either Exhibit 1010 or Exhibit 1054 before
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`they were filed on July 13, 2018.
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`4.
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`IPR2015—01993 Exhibit 1022 was relied upon by the Board in the
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`l
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`MYLAN PHARMS. INC. EXHIBIT 1134 PAGE 2
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`MYLAN PHARMS. INC. EXHIBIT 1134 PAGE 2
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`MYLAN PHARMS. INC. EXHIBIT 1134 PAGE 2
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`IPR2015-01993 proceeding, and neither IPR2015-01993 Exhibit 1022 nor 1024A
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`were excluded. See, e.g., IPR2015—01993, Paper 63 (Final Written Decision) at 8,
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`11—12. In addition, Exhibit 1010 still exists in its substantively identical form on the
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`Internet, and Replacement Exhibit 1010, a substantively identical copy of Exhibit
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`1010, is being provided as an attachment to this Declaration. Replacement Exhibit
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`1010 was obtained by me or at my direction on February 26, 2019 on the
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`Clinicaltrialsgov website and is available at https://clinicaltrials.gov/ct2/history/
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`NCT00168701?A=1&B=1&C=merged. Replacement Exhibit 1010 was obtained
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`by
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`me
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`or
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`at
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`my
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`direction
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`by
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`accessing
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`the
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`URL
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`https://clinicaltrials.gov/show/NCTOO168701, clicking on the hyperlinked text
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`“History of Changes” near the bottom of the page, which took me to the URL
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`https://c1inicaltrials.gov/ct2/archive/NCT00168701, clicking on the hyperlinked text
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`“ClinicalTrials.gov Archive Site” located near the bottom of the page, which took
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`me to the URL https://clinica1trials.gov/ct2/history/ NCT00168701,
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`selecting
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`Version 1 (September 9, 2005) in both columns A and B of the table, and clicking
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`the blue button titled “Compare” at the bottom of the page.
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`Exhibit 1011
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`5.
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`Exhibit 1011 is a reference cited in the Petition and the Expert
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`Declaration of John R. Corboy, MD. in Support of Petition for Inter Partes Review
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`of US. Patent No. 8,399,514 (Exhibit 1002).
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`2
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`MYLAN PHARMS. INC. EXHIBIT 1134 PAGE 3
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`MYLAN PHARMS. INC. EXHIBIT 1134 PAGE 3
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`MYLAN PHARMS. INC. EXHIBIT 1134 PAGE 3
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`6.
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`Exhibit 1011, filed on July 13, 2018, is a true and correct copy of an
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`ICH Harmonised Tripartite Guideline entitled, “Dose-Response Information to
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`Support Drug Registration: E4,” dated March 10, 1994. Exhibit 1011 was originally
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`filed as Exhibit 1004 in IPR2015-01993 and retrieved by me or at my direction from
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`the
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`Patent
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`Trial
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`and
`
`Appeal
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`Board
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`E2E
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`portal,
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`located
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`at
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`https://ptab.uspto.gov/#/login. An exhibit label from IPR2015-01993 was removed
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`by me or at my direction, and an exhibit label was added by me or at my direction
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`pertaining to the above-captioned IPR, before Exhibit 1011 was filed on July 13,
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`2018. No other changes were made to Exhibit 1011 before it was filed on July 13,
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`201 8.
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`7.
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`IPR2015—01993 Exhibit 1004 was relied upon by the Board in the
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`IPR2015-01993 proceeding, and it was not excluded. See, e.g., IPR2015-01993,
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`Paper 63 (Final Written Decision) at 8, 12—14. In addition, Exhibit 1011 still exists
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`in its current form on the Internet, and Replacement Exhibit 1011, an identical copy
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`ofExhibit 101 1, is being provided as an attachment to this Declaration. Replacement
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`Exhibit 1011 was obtained by me or at my direction on February 25, 2019 on the
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`ICH website and is available at https://www.ich.org/fileadmin/Public_Web_Site
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`/ICH_Products/ Guidelines/Efficacy/E4/Step4/E4_Guideline.pdf.
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`3
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`MYLAN PHARMS. INC. EXHIBIT 1134 PAGE 4
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`MYLAN PHARMS. INC. EXHIBIT 1134 PAGE 4
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`MYLAN PHARMS. INC. EXHIBIT 1134 PAGE 4
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`Ex. 1029
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`8.
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`Replacement Exhibit 1029, a replacement of Exhibit 1029, is being
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`provided as an attachment to this Declaration.
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`EX. 1042
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`9.
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`Exhibit 1042 is a reference cited in the Expert Declaration of John R.
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`Corboy, MD. in Support of Petition for Inter Partes Review of US. Patent No.
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`8,399,514 (Exhibit 1002).
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`10.
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`Exhibit 1042 is a true and correct copy of a website titled “MS
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`Prevalence”
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`and accessible
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`at https://www.nationalmssociety.org/About—the—
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`SocietyflVlS—Prevalence. Exhibit 1042 was printed by me or at my direction on July
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`9, 2018, and an exhibit label was added to this exhibit by me or at my direction upon
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`its retrieval from the listed website. No other alterations were made.
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`Ex. 1046
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`11.
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`Exhibit 1046 is a reference cited in the Petition and the Expert
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`Declaration of John R. Corboy, MD. in Support of Petition for Inter Partes Review
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`of US. Patent No. 8,399,514 (Exhibit 1002). Exhibit 1046 is a true and correct copy
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`of an excerpt of the Declaration of Katherine T. Dawson, M.D. Under 37 C.F.R.
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`§ 1.132, dated October 13, 2011, filed with the United States Patent and Trademark
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`Office (“USPTO”), enclosing as an exhibit a slide presentation by Kappos et a1.
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`given on May 30, 2006. Exhibit 1046 is an excerpt of an exhibit originally filed as
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`4
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`MYLAN PHARMS. INC. EXHIBIT 1134 PAGE 5
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`MYLAN PHARMS. INC. EXHIBIT 1134 PAGE 5
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`MYLAN PHARMS. INC. EXHIBIT 1134 PAGE 5
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`Forward Pharma Exhibit 1018 in Interference No. 106,023 before the Patent Trial
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`and Appeal Board and retrieved by me or at my direction from acts.uspto.gov,
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`located
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`at
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`https://acts.uspto.gov/ifiling/PublicViewjsp?identifier=106023
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`&identifier2=null&tabSel=7&action=displayexhibits&replyTo=PublicView.j sp.
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`An exhibit label was added by me or at my direction before Exhibit 1046 was filed
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`on July 13, 2018. No other changes were made to Exhibit 1046 before it was filed
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`on July 13, 2018. The entirety of the Declaration of Katherine T. Dawson, M.D.
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`Under 37 C.F.R. § 1.132, dated October 13, 2011, including all exhibits enclosed
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`therein, as well as a copy of the entire unofficial file history of US. Patent No.
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`8,399,514, can be found and accessed through the USPTO’S Public Pair portal,
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`located at https://portal.uspto.gov/pair/PublicPair.
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`Ex. 1049
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`12.
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`Exhibit 1049 is a reference cited in the Expert Declaration of Ian
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`McKeague, Ph.D. in Support of Petition for Inter Partes Review of US. Patent No.
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`8,399,514 (Exhibit 1004). Exhibit 1049 is a true and correct copy of a Guidance
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`Document issued by the Food and Drug Administration (“FDA”) titled “Non—
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`Inferiority Clinical Trials to Establish Effectiveness,” dated November 2016.
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`Exhibit
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`1 049
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`is
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`accessible
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`from
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`the
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`FDA
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`website,
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`at
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`https ://www.fdagov/downloads/Drugs /Guidances/UCM202140.pdf. Exhibit 1049
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`was retrieved by me or at my direction on or before July 13, 2018. An exhibit label
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`5
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`MYLAN PHARMS. INC. EXHIBIT 1134 PAGE 6
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`MYLAN PHARMS. INC. EXHIBIT 1134 PAGE 6
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`MYLAN PHARMS. INC. EXHIBIT 1134 PAGE 6
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`
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`was added by me or at my direction before Exhibit 1049 was filed on July 13, 2018.
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`No other changes were made to Exhibit 1049 before it was filed on July 13, 2018.
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`Ex. 1055
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`13.
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`Exhibit 1055 is a declaration by Ms. Jennifer Rock at West Publishing
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`Company. Without conceding that 37 C.F.R. § 1.4(d) applies to Exhibit 1055 or that
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`the signature affixed to Exhibit 1055 is insufficient in any way, a Replacement
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`Exhibit 1055 is provided as an attachment to this Declaration, which includes a hand
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`signature by Ms. Rock. Replacement Exhibit 1055 also attaches previously-filed
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`Exhibits 1026, 1005, and 1016, respectively, at the end of Replacement Exhibit
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`1055. These three exhibits were not attached to Exhibit 1055 when it was filed on
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`July 13, 2018 but instead were filed concurrently as Exhibits 1026, 1005 , and 1016.
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`Replacement Exhibit 1055 includes no changes from Exhibit 1055, other than the
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`affixation of a hand signature and the attachment of the three exhibits previously not
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`attached to Exhibit 1055 which are identical to those filed as Exhibits 1026, 1005,
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`and 1016.
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`March 6, 2019
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`Respectfully subm'
`d
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`
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`Emily J. Greb
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`6
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`MYLAN PHARMS. INC. EXHIBIT 1134 PAGE 7
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`MYLAN PHARMS. INC. EXHIBIT 1134 PAGE 7
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`MYLAN PHARMS. INC. EXHIBIT 1134 PAGE 7
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