UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`GRÜNENTHAL GMBH,
`Petitioner
`
`v.
`
`ANTECIP BIOVENTURES II LLC,
`Patent Owner
`
`
`
`Case PGR2017-00022
`U.S. Patent No. 9,408,862 B2
`
`
`
`DECLARATION OF BRENT A. JOHNSON IN SUPPORT OF PATENT
`OWNER’S REPLY TO PETITIONER’S OPPOSITION TO PATENT
`OWNER’S CORRECTED CONTINGENT MOTION TO AMEND
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`ANTECIP EXHIBIT 2034
`Grunenthal GMBH v. Antecip Bioventures II LLC
`PGR2017-00022
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`GRÜNENTHAL GMBH,
`Petitioner
`
`v.
`
`ANTECIP BIOVENTURES II LLC,
`Patent Owner
`
`
`
`Case PGR2017-00022
`U.S. Patent No. 9,408,862 B2
`
`
`
`DECLARATION OF BRENT A. JOHNSON IN SUPPORT OF PATENT
`OWNER’S REPLY TO PETITIONER’S OPPOSITION TO PATENT
`OWNER’S CORRECTED CONTINGENT MOTION TO AMEND
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`ANTECIP EXHIBIT 2034
`Grunenthal GMBH v. Antecip Bioventures II LLC
`PGR2017-00022
`
`
`
`U.S. Patent No. 9,408,862
`
`
`
`PGR2017-00022
`
`I, BRENT A. JOHNSON, hereby declare and state as follows:
`
`1.
`
`I am a member of the law firm of Maschoff Brennan and counsel for
`
`the patent owner in the above-captioned matter, Antecip Bioventures II LLC.
`
`(“Patent Owner”). I am over the age of twenty-one years and make this declaration
`
`based on my own first-hand knowledge and observations. If called upon to testify
`
`to any of the facts or perceptions set forth herein, I could and would competently
`
`do so.
`
`2.
`
`Filed herewith as Exhibit 2035 is a true and correct copy of a screen
`
`shot of the Skelid drug label taken from the U.S. Food and Drug Administration’s
`
`website, https://www.fda.gov (“FDA website”). I personally visited the URL
`
`https://www.accessdata.fda.gov/drugsatfda_docs/label/2010/020707s006lbl.pdf on
`
`May 9, 2018, and reviewed its contents. I hereby confirm that the screen shot
`
`correctly and accurately depicts the images and text presented to me on that day.
`
`3.
`
`Filed herewith as Exhibit 2036 is a true and correct copy of the Skelid
`
`drug label taken from the FDA website. I personally visited the URL
`
`https://www.accessdata.fda.gov/drugsatfda_docs/label/2010/020707s006lbl.pdf on
`
`May 9, 2018, downloaded the Skelid drug label, and reviewed its contents. I
`
`hereby confirm that the Skelid drug label correctly and accurately depicts the
`
`images and text presented to me on that day.
`
`1
`
`
`
`U.S. Patent No. 9,408,862
`
`
`
`PGR2017-00022
`
`4.
`
`Filed herewith as Exhibit 2037 is a true and correct copy of a
`
`screenshot of the Didronel drug label taken from the FDA website. I personally
`
`visited the URL
`
`https://www.accessdata.fda.gov/drugsatfda_docs/label/2009/017831s055lbl.pdf on
`
`May 29, 2018, and reviewed its contents. I hereby confirm that the screen shot
`
`correctly and accurately depicts the images and text presented to me on that day.
`
`5.
`
`Filed herewith as Exhibit 2038 is a true and correct copy of the
`
`Didronel drug label taken from the FDA website. I personally visited the URL
`
`https://www.accessdata.fda.gov/drugsatfda_docs/label/2009/017831s055lbl.pdf on
`
`May 29, 2018, downloaded the Didronel drug label, and reviewed its contents. I
`
`hereby confirm that the Didronel drug label correctly and accurately depicts the
`
`images and text presented to me on that day.
`
`6.
`
`The Board may take judicial notice of facts that are “not subject to
`
`reasonable dispute” that “can be accurately and readily determined from sources
`
`whose accuracy cannot reasonably be questioned.” Fed. R. Evid. 201. Patent
`
`Owner hereby requests the Board take judicial notice of Exs. 2036 and 2038, drug
`
`labels publicly available on the FDA’s website. See Daniels–Hall v. Nat'l Educ.
`
`Ass'n, 629 F.3d 992, 998–99 (9th Cir.2010) (finding it appropriate to take judicial
`
`notice of information made publicly available on government websites where the
`
`authenticity of the information was not challenged).
`
`2
`
`
`
`U.S. Patent No. 9,408,862
`
`
`
`PGR2017-00022
`
`7.
`
`Filed herewith as Exhibit 2039 is a true and correct copy of a
`
`screenshot of the purchase of the article Serum kinetics, bioavailability and bone
`
`scanning of 99mTc-labelled sodium olpadronte in patients with different rates of
`
`bone turnover taken from the Springer International Publishing website,
`
`https://www.springer.com/us (“Springer website”). I personally visited the URL
`
`https://checkout.springer.com/checkout/cart?1&wt_mc=ThirdParty.SpringerLink.3
`
`.EPR653.AbstractPage_Article-new on May 9, 2018, and reviewed its contents. I
`
`hereby confirm that the screen shot correctly and accurately depicts the images and
`
`text presented to me on that day.
`
`8.
`
`Filed herewith as Exhibit 2040 is a true and correct copy of the receipt
`
`of the purchase of the article Serum kinetics, bioavailability and bone scanning of
`
`99mTc-labelled sodium olpadronte in patients with different rates of bone turnover
`
`from the Springer Website. I personally visited the URL
`
`https://checkout.springer.com/checkout/cart?1&wt_mc=ThirdParty.SpringerLink.3
`
`.EPR653.AbstractPage_Article-new on May 9, 2018, purchased the article, and
`
`reviewed the receipt I received upon purchase. I hereby confirm that the receipt
`
`correctly and accurately depicts the images and text represented to me on that day.
`
`9.
`
`Filed herewith as Exhibit 2041 is a true and correct copy of the article
`
`Serum kinetics, bioavailability and bone scanning of 99mTc-labelled sodium
`
`olpadronte in patients with different rates of bone turnover from the Springer
`
`3
`
`
`
`U.S. Patent No. 9,408,862
`
`
`
`PGR2017-00022
`
`Website. I personally visited the URL
`
`https://checkout.springer.com/checkout/cart?1&wt_mc=ThirdParty.SpringerLink.3
`
`.EPR653.AbstractPage_Article-new on May 9, 2018, purchased the article, and
`
`downloaded it upon purchase. I hereby confirm that the article correctly and
`
`accurately depicts the images and text represented to me on that day.
`
`
`
`
`
`I declare under penalty of perjury that the foregoing is true and correct.
`
`
`
`
`
`By:
`
`
`Executed on June 1, 2018,
`
` /Brent A. Johnson/
` Brent A. Johnson
`
`4
`
`
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
