`Filed: February 22, 2022
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`__________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________
`
`
`SLAYBACK PHARMA LLC,
`
`Petitioner,
`
`v.
`
`EYE THERAPIES, LLC,
`
`Patent Owner.
`
`__________________
`
`Case IPR2022-00142
`U.S. Patent No. 8,293,742
`__________________
`
`PATENT OWNER’S EXHIBIT LIST
`
`
`
`
`Pursuant to 37 C.F.R. § 42.63(e), Patent Owner Eye Therapies, LLC hereby
`
`Case No. IPR2022-00142
`U.S. Patent No. 8,293,742
`
`
`
`submits a current listing of Patent Owner Exhibits.
`
`EXHIBIT
`
`2001
`
`2002
`
`2003
`
`2004
`
`2005
`
`2006
`
`2007
`
`DESCRIPTION
`Bausch & Lomb, Inc., et al. v. Slayback Pharma LLC, et al., C.A. 21-
`16766 (D.N.J.), Joint Discovery Plan submitted Feb. 3, 2022
`
`Bausch & Lomb, Inc., et al. v. Slayback Pharma LLC, et al., C.A. 21-
`16766 (D.N.J.), Defendants’ First Set of Requests for Production to
`Plaintiffs Nos. 1-2 served on Dec. 29, 2021
`
`Bausch & Lomb, Inc., et al. v. Slayback Pharma LLC, et al., C.A. 21-
`16766 (D.N.J.), ECF No. 15, Scheduling Order signed by the
`Honorable Douglas E. Arpert, U.S.M.J. on Feb. 15, 2022
`
`Bausch & Lomb, Inc., et al. v. Slayback Pharma LLC, et al., C.A. 21-
`16766 (D.N.J.), ECF No. 11, Order Setting the Initial Scheduling
`Conference dated Dec. 15, 2021
`
`Notice of Paragraph IV Certification Re: Slayback Pharma LLC’s
`Brimondine Tartrate Ophthalmic Solution, 0.025%, U.S. Patent Nos.
`8,293,742 and 9,259,425 dated Aug. 13, 2021
`
`Bausch & Lomb, Inc., et al. v. Slayback Pharma LLC, et al., C.A. 21-
`16766 (D.N.J.), ECF No. 1, Complaint for Patent Infringement filed
`Sept. 10, 2021
`
`Louis B. Cantor, “Brimondine in the treatment of glaucoma and
`ocular hypertension,” Therapeutics & Clinical Risk Mgmt., 2(4):
`337-346 (2006)
`
`2008
`
`U.S. Patent No. 6,982,079 B2, Compositions For Treating Hyperemia
`
`2009
`
`Ji Hoon Lee, et al., “Efficacy of brimonidine tartrate 0.2% ophthalmic
`solution in reducing halos after laser in situ keratomileusis,” J. of
`Cataract & Refractive Surgery, 34:963-967 (2008)
`
`1
`
`
`
`
`
`EXHIBIT
`
`2010
`
`2011
`
`2012
`
`Case No. IPR2022-00142
`U.S. Patent No. 8,293,742
`
`DESCRIPTION
`U.S. Patent No. 5,021,416, Method for Using (2-Imidazolin-2-
`Ylamino) Quinoxalines to Reduce or Maintain Intraocular Pressure
`
`Press Release, “New Survey From Bausch + Lomb and Glaucoma
`Research Foundation Reveals Emotional and Social Impact of
`Hyperemia
`on Glaucoma
`Patients”
`(Jan.
`4,
`2022),
`https://www.bausch.com/our-company/recent-
`news/artmid/11336/articleid/683
`Alphagan® (brimonidine tartrate ophthalmic solution) 0.5% and
`0.2%, Alphagan® P (brimonidine tartrate ophthalmic solution)
`0.15%, Highlights of Prescribing Information (Dec. 20, 2001)
`
`2013
`
`Visine-A Label (June 14, 2002)
`
`2014
`
`2015
`
`2016
`
`2017
`
`2018
`
`2019
`
`Alphagan® P (brimonidine tartrate ophthalmic solution) 0.1% and
`0.15%, Highlights of Prescribing Information (Aug. 19, 2005)
`
`Alphagan™ (brimonidine tartrate ophthalmic solution) 0.2% Sterile,
`Approval Letter (Sept. 6, 1996)
`
`Drugs@ FDA Approved Drug Information, Alphagan 0.5%,
`https://www.accessdata.fda.gov/scripts/cder/daf/index.cfm?event=o
`verview.process&ApplNo=020490
`
`Drugs@ FDA Approved Drug Information, Alphagan 0.15%,
`https://www.accessdata.fda.gov/scripts/cder/daf/index.cfm?event=o
`verview.process&ApplNo=021262
`
`Press Release, “Allergan to focus on Alphagan-P, discontinue
`Alphagan
`(July
`8,
`2002),
`https://www.healio.com/news/ophthalmology/20120331/allergan-to-
`focus-on-alphagan-p-discontinue-alphagan
`
`Alphagan P (brimonidine tartrate ophthalmic solution) 0.1%,
`Approval Letter (Aug. 19, 2005)
`
`
`
`2
`
`
`
`
`
`Dated: February 22, 2022
`
`
`
`Case No. IPR2022-00142
`U.S. Patent No. 8,293,742
`
`Respectfully submitted,
`
`
`By: /Bryan C. Diner/
`Bryan C. Diner
`Reg. No. 32,409
`
`Lead Counsel for Patent Owner
`Eye Therapies, LLC
`
`
`
`3
`
`
`
`
`
`Case No. IPR2022-00142
`U.S. Patent No. 8,293,742
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that a copy of the foregoing Patent Owner’s
`
`Exhibit List and Exhibits 2001-2019 were served electronically via email on
`
`February 22, 2022 to counsel of record for the Petitioner at the following:
`
`Louis H. Weinstein
`WINDELS MARX LANE & MITTENDORF, LLP
`1 Giralda Farms
`Madison, NJ 07940
`lweinstein@windelsmarx.com
`
`Patrick G. Pollard
`WINDELS MARX LANE & MITTENDORF, LLP
`1 Giralda Farms
`Madison, NJ 07940
`ppollard@windelsmarx.com
`
`The Petitioner has consented to service by electronic mail.
`
`
`By: /Geneva Eaddy/
`Geneva Eaddy
`Case Manager
`FINNEGAN, HENDERSON, FARABOW,
`GARRETT & DUNNER, LLP
`
`Date: February 22, 2022
`
`
`
`
`
`
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
