Filed on behalf of Elysium Health, Inc.
`
`By: Brendan T. Jones, Reg. No. 65,077 (Lead Counsel)
`Foley Hoag, LLP
`155 Seaport Boulevard
`Boston, MA 02210
`Tel: (617) 832-1000
`Email: bjones@foleyhoag.com
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ELYSIUM HEALTH, INC.
`Petitioner,
`
`v.
`
`TRUSTEES OF DARTMOUTH COLLEGE,
`Patent Owner.
`____________
`
`U.S. Patent No. 8,383,086 B2
`____________
`
`DECLARATION OF BRENDAN T. JONES
`
`Elysium Health Exhibit 1022
`Page 1 of 5
`
`
`
`By: Brendan T. Jones, Reg. No. 65,077 (Lead Counsel)
`Foley Hoag, LLP
`155 Seaport Boulevard
`Boston, MA 02210
`Tel: (617) 832-1000
`Email: bjones@foleyhoag.com
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ELYSIUM HEALTH, INC.
`Petitioner,
`
`v.
`
`TRUSTEES OF DARTMOUTH COLLEGE,
`Patent Owner.
`____________
`
`U.S. Patent No. 8,383,086 B2
`____________
`
`DECLARATION OF BRENDAN T. JONES
`
`Elysium Health Exhibit 1022
`Page 1 of 5
`
`
`
`I, Brendan T. Jones, declare:
`
`1.
`
`I am an attorney at Foley Hoag LLP, and counsel of record for
`
`Elysium Health, Inc. in the above-captioned matter. I am registered to practice
`
`before the United States Patent and Trademark Office.
`
`2.
`
`Attached as Ex. 1005 is a true and correct copy of Joseph Goldberger
`
`et al., “A Study of the Blacktongue-Preventative Action of 16 Foodstuffs, with
`
`Special Reference to the Identity of Blacktongue of Dogs and Pellagra of Man,”
`
`Public Health Reports, 43(23):1385-1454 (1928).
`
`3.
`
`Attached as Ex. 1006 is a true and correct copy of Joseph Goldberger
`
`and W.F. Tanner, “A Study of the Treatment and Prevention of Pellagra,” Public
`
`Health Reports, 39(3):87-108 (1924).
`
`4.
`
`Attached as Ex. 1007 is a true and correct copy of Samuel A.J.
`
`Trammell et al., “Nicotinamide Riboside is a Major NAD+ Precursor Vitamin in
`
`Cow Milk,” J. of Nutrition, 146(5):965-963 (2016).
`
`5.
`
`Attached as Ex. 1008 is a true and correct copy of Samuel A.J.
`
`Trammell et al., “Nicotinamide Riboside is Uniquely and Orally Bioavailable in
`
`Mice and Humans,” Nature Communications, Vol. 7, Art. No. 12948 (2016).
`
`6.
`
`Attached as Ex. 1009 is a true and correct copy of Joseph Goldberger
`
`et. al., “A Further Study of Experimental Blacktongue with Special Reference to
`
`Elysium Health Exhibit 1022
`Page 2 of 5
`
`
`
`the Blacktongue Preventative in Yeast,” Public Health Reports, 43(12):657-694
`
`(1928).
`
`7.
`
`Attached as Ex. 1010 is a true and correct copy of Laurent
`
`Mouchiroud et al., “NAD+ Metabolism, a Therapeutic Target for Age-Related
`
`Metabolic Disease,” Crit. Rev. Biochem. Mol. Biol., 48(4):397-408 (2013).
`
`8.
`
`Attached as Ex. 1011 is a true and correct copy of Texas Agricultural
`
`Extension Service, “Good Milk for Good Meals,” Texas Agricultural Experiment
`
`Station, Bulletin No. 807 (1956) obtained from Texas A&M University.
`
`9.
`
`Attached as Ex. 1012 is a true and correct copy of William Douglas
`
`McFarlane and Hugh Lehman Fulmer, “The Colorimetric Determination of the
`
`Tyrosine and Tryptophan Content of Various Crude Protein Concentrates,”
`
`Biochemical Journal, 24(6):1601-1610 (1930).
`
`10. Attached as Ex. 1013 is a true and correct copy of the Library of
`
`Congress’s copy of Goldberger, Joseph Goldberger et. al., “A Further Study of
`
`Experimental Blacktongue with Special Reference to the Blacktongue Preventative
`
`in Yeast,” Public Health Reports, 43(12):657-694 (1928).
`
`11. Attached as Ex. 1014 is a true and correct copy of the Library of
`
`Congress’s copy of Joseph Goldberger and W.F. Tanner, “A Study of the
`
`Treatment and Prevention of Pellagra,” Public Health Reports, 39(3):87-108
`
`(1924).
`
`Elysium Health Exhibit 1022
`Page 3 of 5
`
`
`
`12. Attached as Ex. 1015 is a true and correct copy of the Library of
`
`Congress’s copy of Joseph Goldberger et al., “A Study of the Blacktongue-
`
`Preventative Action of 16 Foodstuffs, with Special Reference to the Identity of
`
`Blacktongue of Dogs and Pellagra of Man,” Public Health Reports, 43(23):1385-
`
`1454 (1928).
`
`13. Attached as Ex. 1016 is a true and correct copy of the Texas A&M
`
`University Library catalogue webpage showing “Good Milk for Good Meals”
`
`publication details and call number at the library of Texas A&M University
`
`obtained from
`
`https://libcat.tamu.edu/vwebv/holdingsInfo?searchId=73&recCount=50&recPointe
`
`r=2&bibId=1216980 as of July 13, 2017.
`
`14. Attached as Ex. 1017 is a true and correct copy of Krishna S.
`
`Tummala, et al., “Inhibition of De Novo NAD+ Synthesis by Oncogenic URI
`
`Causes Liver Tumorigenesis through DNA Damage,” Cancer Cell, 26:826-839
`
`(2014).
`
`15. Attached as Ex. 1018 is a true and correct copy of Carles Cantó et al.,
`
`“The NAD+ Precursor Nicotinamide Riboside Enhances Oxidative Metabolism
`
`and Protects against High-Fat Diet-Induced Obesity,” Cell Metabolism, 15:38-847
`
`(2012).
`
`Elysium Health Exhibit 1022
`Page 4 of 5
`
`
`
`16. Attached as Ex. 1019 is a true and correct copy of Bing Gong et al.,
`
`Nicotinammide riboside restores cognition through an upregulation of proliferator-
`
`activated receptor-y coactivator 1α regulated β-secretase 1 degradation and
`
`mitochondrial gene expression in Alzheimer’s mouse models,” Neurobiol. Aging,
`
`34:1581-1588 (2013).
`
`17. Attached as Ex. 1020 is a true and correct copy of Joseph Goldberger
`
`et al., “The Prevention of Pellagra: A Test of Diet Among Institutional Inmates,”
`
`Public Health Reports, 30(43):3117-3131 (1915).
`
`18. Attached as Ex. 1021 is a true and correct copy of Joseph Goldberger
`
`et al., “A Study of the Relation of Diet to Pellagra Incidence in Seven Textile-Mill
`
`Communities of South Carolina in 1916,” Public Health Report, 35(12):648-713
`
`(1920).
`
`I declare, under penalty of perjury under the laws of the United States, that
`
`the foregoing is true and accurate.
`
`Dated: July 17, 2017
`
`/Brendan T. Jones /
`
`Brendan T. Jones
`
`Elysium Health Exhibit 1022
`Page 5 of 5
`
`
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