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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`____________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`____________________
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`MYLAN LABORATORIES LTD.
`Petitioner
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`v.
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`JANSSEN PHARMACEUTICA NV
`Patent Owner
`____________________
`
`Case IPR2020-00440
`Patent 9,439,906
`____________________
`
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`DECLARATION OF JOONG YOUN (JAY) CHO
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`
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`Janssen Ex. 2012
`Mylan v. Janssen
`IPR2020-00440
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`I, Joong Youn (Jay) Cho, hereby attest to the following:
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`1. I am an attorney at the law firm of Patterson Belknap Webb & Tyler LLP. I
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`am licensed to practice law in the State of New York (Bar No. 5322771) and also
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`before the United States Patent and Trademark Office (Reg. No. 75,052). I have
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`personal knowledge of the facts set forth in this declaration.
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`2. Exhibit 2009 contains accurate reproductions of the text from:
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`a. Ex. 1016 (U.S. Provisional Application No. 61/014,918) at p. 22 ll. 9
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`– p. 23 ll. 18 (“Example 2”); Ex. 1016 at p. 23 ll. 20 – p. 24 ll. 27
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`(“Example 3”); and
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`b. Ex. 1003 (Abstracts of the Annual Meeting of the American Society
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`for Clinical Pharmacology and Therapeutics, 83 Supp. 1 Clin.
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`Pharmacol. & Therapeutics S31, PI-74 and PI-75 (Mar. 2008)) at
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`p.003 PI-74 (heading, title, authors, background, methods, results, and
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`conclusion) (“PI-74”); Ex. 1003 at p.003 PI-75 (heading, title, authors,
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`background, methods, results, and conclusion) (“PI-75”).
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`3. The text font and size of Exhibit 2009 was set to be Times New Roman 12
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`point. In the first table of Exhibit 2009, the text of Example 2 was placed into the
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`left-hand column and the text of PI-75 was placed into the right-hand column. In
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`the second table of Exhibit 2009, the text of Example 3 was placed into the left-
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`hand column and the text of PI-74 was placed into the right-hand column. For ease
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`2
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`Janssen Ex. 2012
`Mylan v. Janssen
`IPR2020-00440
`
`
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`
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`of comparison between the text on the left-hand side and the text on the right-hand
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`side, line spacing adjustments were made and highlighting was added. No other
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`alterations were made to the text.
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`4. Exhibit 2010 is a complete list of FDA-approved drugs containing
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`paliperidone palmitate that was generated by performing a search using the term
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`“paliperidone palmitate” on the FDA-Approved Drugs website
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`(https://www.accessdata.fda.gov/scripts/cder/daf/index.cfm). Each entry in the
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`search result list was expanded to show additional information about the drug. A
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`copy of the information displayed was generated by using the print function on the
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`webpage and saving the resulting image as a PDF file and made to bear the label
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`Exhibit 2010.
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`5. Exhibit 2011 is the “Summary Review” for Invega Trinza® obtained from
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`the FDA website. The FDA webpage for Invega Trinza® was accessed by clicking
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`the “INVEGA TRINZA (PALIPERIDONE PALMITATE)” hyperlink in the search
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`results webpage shown in Exhibit 2010. On the FDA webpage for Invega Trinza®,
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`the hyperlink “Summary Review” was selected. A copy of the resulting document
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`was saved as a PDF file and made to bear the label Exhibit 2011.
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`6. I hereby declare that all statements made herein of my own knowledge are
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`true, and further that these statements were made with the knowledge that willful
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`3
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`Janssen Ex. 2012
`Mylan v. Janssen
`IPR2020-00440
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`
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`false statements and the like so made are punishable by fine or imprisonment, or
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`both, under Section 1001 of Title 18 of the United States Code.
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`Dated this 18th day of June, 2020.
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`
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`By:
`Joong Youn (Jay) Cho
`Reg. No. 75,052
`jcho@pbwt.com
`Patterson Belknap Webb & Tyler LLP
`1133 Avenue of the Americas
`New York, New York 10036
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`4
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`Janssen Ex. 2012
`Mylan v. Janssen
`IPR2020-00440
`
`
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