UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_______________
`
`INARI AGRICULTURE, INC.
`Petitioner,
`
`v.
`
`CORTEVA AGRISCIENCE LLC,
`Patent Owner.
`
`_______________
`
`Case PGR2023-00022
`Patent No. 11,371,055
`
`_______________
`
`DECLARATION OF JONATHAN BRADFORD IN SUPPORT OF
`PETITION FOR POST-GRANT REVIEW OF UNITED STATES
`PATENT NO. 11,371,055
`
`Inari Ex. 1032
`Inari Agric. v. Corteva Agriscience
`PGR2023-00022
`Page 00001
`
`
`
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_______________
`
`INARI AGRICULTURE, INC.
`Petitioner,
`
`v.
`
`CORTEVA AGRISCIENCE LLC,
`Patent Owner.
`
`_______________
`
`Case PGR2023-00022
`Patent No. 11,371,055
`
`_______________
`
`DECLARATION OF JONATHAN BRADFORD IN SUPPORT OF
`PETITION FOR POST-GRANT REVIEW OF UNITED STATES
`PATENT NO. 11,371,055
`
`Inari Ex. 1032
`Inari Agric. v. Corteva Agriscience
`PGR2023-00022
`Page 00001
`
`
`
`
`
`U.S. Patent No. 11,371,055
`PGR2023-00022
` I, Jonathan Bradford, make the following Declaration pursuant to 28
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`1.
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`U.S.C. § 1746: I am a Senior IP Paralegal at the law firm of Ropes & Gray LLP.
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`2.
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`I provide this Declaration in connection with the above-identified Post
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`Grant Review proceeding that is before the United States Patent and Trademark
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`Office (“USPTO”). Unless otherwise stated, the facts stated in this Declaration are
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`based on my personal knowledge.
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`3.
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`Ex. 1001 is a true and correct copy of U.S. Patent No. 11,371,055
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`(“’055”), which was obtained from the USPTO’s Patent Center system. This
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`document has been marked with an exhibit label and page numbers on each page at
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`the bottom right corner. However, no alterations, other than these noted markings,
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`have been made to this document.
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`4.
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`Ex. 1002 is a true and correct copy of File History of U.S. Application
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`No. 15/468,494 (“’055 FH”), which led to U.S. Patent No. 11,371,055, which was
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`obtained from the USPTO’s Patent Center system. This document has been
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`marked with an exhibit label and page numbers on each page at the bottom right
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`corner. However, no alterations, other than these noted markings, have been made
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`to this document.
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`2
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`PGR2023-00022 Page 00002
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`U.S. Patent No. 11,371,055
`PGR2023-00022
`Ex. 1004 is a true and correct copy of Corteva Agriscience –
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`5.
`
`Technology Use Agreement (8/2022), available at
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`https://www.corteva.us/content/dam/dpagco/corteva/na/us/en/files/trait-
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`stewardship/DOC-Corteva-Technology-Use-Agreement-WATERMARK-
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`NONEXECUTABLE-COPY.pdf, which was obtained at my direction. This
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`document has been marked with an exhibit label and page numbers on each page at
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`the bottom right corner. However, no alterations, other than these noted markings,
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`have been made to this document.
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`6.
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`Ex. 1005 is a true and correct copy of Wright, T.R. et al., Robust crop
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`resistance to broadleaf and grass herbicides provided by aryloxyalkanoate
`
`dioxygenase transgenes, PNAS 107 (47) 20240-20245 (11/23/2010), available at
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`https://doi.org/10.1073/pnas.1013154107, which was obtained from an online
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`source at my direction. This document has been marked with an exhibit label and
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`page numbers on each page at the bottom right corner. However, no alterations,
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`other than these noted markings, have been made to this document.
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`7.
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`Ex. 1006 is a true and correct copy of Enlist™ Herbicide Tolerance
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`and Soybean Symptomology - Get the Facts (7/13/2021), available at
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`https://www.enlist.com/en/News/enlist-tolerance-soybean-symptomology.html,
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`3
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`PGR2023-00022 Page 00003
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`U.S. Patent No. 11,371,055
`PGR2023-00022
`which was obtained at my direction. This document has been marked with an
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`exhibit label and page numbers on each page at the bottom right corner. However,
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`no alterations, other than these noted markings, have been made to this document.
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`8.
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`Ex. 1007 is a true and correct copy of Director's Blog: the latest from
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`USPTO leadership: Increasing transparency, boosting competition, and
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`supporting innovation can deliver better choices for farmers in the seed
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`marketplace (3/7/2023), available at
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`https://www.uspto.gov/blog/director/entry/increasing-transparency-boosting-
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`competition-and, which was obtained at my direction. This document has been
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`marked with an exhibit label and page numbers on each page at the bottom right
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`corner. However, no alterations, other than these noted markings, have been made
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`to this document.
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`9.
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`Ex. 1008 is a true and correct copy of Executive Order on Promoting
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`Competition in the American Economy (7/9/2021), available at
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`https://www.whitehouse.gov/briefing-room/presidential-
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`actions/2021/07/09/executive-order-on-promoting-competition-in-the-american-
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`economy/, which was obtained at my direction. This document has been marked
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`with an exhibit label and page numbers on each page at the bottom right corner.
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`4
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`
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`PGR2023-00022 Page 00004
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`U.S. Patent No. 11,371,055
`PGR2023-00022
`However, no alterations, other than these noted markings, have been made to this
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`document.
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`10. Ex. 1009 is a true and correct copy of U.S. Department of Agriculture:
`
`More and Better Choices for Farmers: Promoting Fair Competition and
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`Innovation in Seeds and Other Agricultural Inputs, A report directed by President
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`Biden’s Executive Order Number 14036: “Promoting Competition in America’s
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`Economy” (3/2023), available at
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`https://www.ams.usda.gov/sites/default/files/media/SeedsReport.pdf, which was
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`obtained at my direction. This document has been marked with an exhibit label
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`and page numbers on each page at the bottom right corner. However, no
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`alterations, other than these noted markings, have been made to this document.
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`11. Ex. 1010 is a true and correct copy of Declaration Under 37 C.F.R.
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`§1.132 of Dr. Terry R. Wright (7/29/2021), which was obtained from the File
`
`History of U.S. Application No. 15/468,494 (“’055 FH”), which led to U.S. Patent
`
`No. 11,371,055, which was obtained from the USPTO’s Patent Center system.
`
`This document has been marked with an exhibit label and page numbers on each
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`page at the bottom right corner. However, no alterations, other than these noted
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`markings, have been made to this document.
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`5
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`PGR2023-00022 Page 00005
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`U.S. Patent No. 11,371,055
`PGR2023-00022
`12. Ex. 1011 is a true and correct copy of Corteva Agriscience: Enlist 1
`
`Herbicide Label, available at
`
`https://www.corteva.ca/content/dam/dpagco/corteva/na/ca/en/files/products/label/
`
`DF-Enlist-1-Herbicide-Label-English.pdf, which was obtained at my direction.
`
`This document has been marked with an exhibit label and page numbers on each
`
`page at the bottom right corner. However, no alterations, other than these noted
`
`markings, have been made to this document.
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`13. Ex. 1012 is a true and correct copy of Corteva Agriscience: Enlist
`
`Duo Herbicide Label, available at
`
`https://www.corteva.ca/content/dam/dpagco/corteva/na/ca/en/files/products/label/
`
`DF-Enlist-Duo-Herbicide-Label-English.pdf, which was obtained at my direction.
`
`This document has been marked with an exhibit label and page numbers on each
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`page at the bottom right corner. However, no alterations, other than these noted
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`markings, have been made to this document.
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`14. Ex. 1013 is a true and correct copy of Anjanappa, R.B. and Gruissem,
`
`W., 2021. Current progress and challenges in crop genetic transformation. Journal
`
`of Plant Physiology, 261, 153411, which was obtained from an online source at my
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`direction. This document has been marked with an exhibit label and page numbers
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`6
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`PGR2023-00022 Page 00006
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`U.S. Patent No. 11,371,055
`PGR2023-00022
`on each page at the bottom right corner. However, no alterations, other than these
`
`noted markings, have been made to this document.
`
`15. Ex. 1014 is a true and correct copy of Herman, P.L., Behrens, M.,
`
`Chakraborty, S., Chrastil, B.M., Barycki, J. and Weeks, D.P., 2005. A three-
`
`component dicamba O-demethylase from Pseudomonas maltophilia, strain DI-6:
`
`gene isolation, characterization, and heterologous expression. Journal of Biological
`
`Chemistry, 280(26), pp.24759-24767, which was obtained from an online source at
`
`my direction. This document has been marked with an exhibit label and page
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`numbers on each page at the bottom right corner. However, no alterations, other
`
`than these noted markings, have been made to this document.
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`16. Ex. 1015 is a true and correct copy of Chekan, Jonathan R, et al.
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`"Molecular basis for enantioselective herbicide degradation imparted by
`
`aryloxyalkanoate dioxygenases in transgenic plants." Proceedings of the National
`
`Academy of Sciences 116.27 (2019): 13299-13304, which was obtained from an
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`online source at my direction. This document has been marked with an exhibit
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`label and page numbers on each page at the bottom right corner. However, no
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`alterations, other than these noted markings, have been made to this document.
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`7
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`PGR2023-00022 Page 00007
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`U.S. Patent No. 11,371,055
`PGR2023-00022
`17. Ex. 1016 is a true and correct copy of Englander, S.W. and Mayne, L.,
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`2014. The nature of protein folding pathways. Proceedings of the National
`
`Academy of Sciences, 111(45), pp.15873-15880, which was obtained from an
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`online source at my direction. This document has been marked with an exhibit
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`label and page numbers on each page at the bottom right corner. However, no
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`alterations, other than these noted markings, have been made to this document.
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`18. Ex. 1017 is a true and correct copy of Gao SS, Naowarojna N, Cheng
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`R, Liu X, Liu P. Recent Examples of α-Ketoglutarate-Dependent Mononuclear
`
`Non-Haem Iron Enzymes in Natural Product Biosyntheses. Nat Prod Rep. 2018
`
`Aug. 15; 35(8): 792–837, which was obtained from an online source at my
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`direction. This document has been marked with an exhibit label and page numbers
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`on each page at the bottom right corner. However, no alterations, other than these
`
`noted markings, have been made to this document.
`
`19. Ex. 1018 is a true and correct copy of Peach C, Velten J. Transgene
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`expression variability (position effect) of CAT and GUS reporter genes driven by
`
`linked divergent T-DNA promoters. Plant Mol Biol. 1991;17(1):49-60, which was
`
`obtained from an online source at my direction. This document has been marked
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`with an exhibit label and page numbers on each page at the bottom right corner.
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`8
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`
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`PGR2023-00022 Page 00008
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`
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`U.S. Patent No. 11,371,055
`PGR2023-00022
`However, no alterations, other than these noted markings, have been made to this
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`document.
`
`20. Ex. 1019 is a true and correct copy of Hogan, D.A., Smith, S.R.,
`
`Saari, E.A., McCracken, J. and Hausinger, R.P., 2000. Site-directed Mutagenesis
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`of 2, 4-Dichlorophenoxyacetic Acid/α-Ketoglutarate Dioxygenase:
`
`IDENTIFICATION OF RESIDUES INVOLVED IN METALLOCENTER
`
`FORMATION AND SUBSTRATE BINDING. Journal of Biological Chemistry,
`
`275(17), pp.12400-12409, which was obtained from an online source at my
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`direction. This document has been marked with an exhibit label and page numbers
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`on each page at the bottom right corner. However, no alterations, other than these
`
`noted markings, have been made to this document.
`
`21. Ex. 1020 is a true and correct copy of Müller, T.A., Zavodszky, M.I.,
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`Feig, M., Kuhn, L.A. and Hausinger, R.P., 2006. Structural basis for the
`
`enantiospecificities of R‐ and S‐specific phenoxypropionate/α‐ketoglutarate
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`dioxygenases. Protein Science, 15(6), pp.1356-1368, which was obtained from an
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`online source at my direction. This document has been marked with an exhibit
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`label and page numbers on each page at the bottom right corner. However, no
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`alterations, other than these noted markings, have been made to this document.
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`9
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`PGR2023-00022 Page 00009
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`U.S. Patent No. 11,371,055
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`22. Ex. 1021 is a true and correct copy of Jumper J, Evans R, Pritzel A,
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`Green T, Figurnov M, Ronneberger O, Tunyasuvunakool K, Bates R, Žídek A,
`
`Potapenko A, Bridgland A, Meyer C, Kohl SAA, Ballard AJ, Cowie A, Romera-
`
`Paredes B, Nikolov S, Jain R, Adler J, Back T, Petersen S, Reiman D, Clancy E,
`
`Zielinski M, Steinegger M, Pacholska M, Berghammer T, Bodenstein S, Silver D,
`
`Vinyals O, Senior AW, Kavukcuoglu K, Kohli P, Hassabis D. Highly accurate
`
`protein structure prediction with AlphaFold. Nature. 2021 Aug.;596(7873):583-
`
`589, which was obtained from an online source at my direction. This document
`
`has been marked with an exhibit label and page numbers on each page at the
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`bottom right corner. However, no alterations, other than these noted markings,
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`have been made to this document.
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`23. Ex. 1022 is a true and correct copy of Bagdonas, H., Fogarty, C.A.,
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`Fadda, E. and Agirre, J., 2021. The case for post-predictional modifications in the
`
`AlphaFold Protein Structure Database. Nature Structural & Molecular Biology,
`
`28(11), pp.869-870, which was obtained from an online source at my direction.
`
`This document has been marked with an exhibit label and page numbers on each
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`page at the bottom right corner. However, no alterations, other than these noted
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`markings, have been made to this document.
`
`10
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`
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`PGR2023-00022 Page 00010
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`U.S. Patent No. 11,371,055
`PGR2023-00022
`24. Ex. 1023 is a true and correct copy of Müller, TA, Fleischmann, T,
`
`van der Meer, JR and Kohler, HPE, Purification and characterization of two
`
`enantioselective α-ketoglutarate-dependent dioxygenases, RdpA and SdpA, from
`
`Sphingomonas herbicidovorans MH. Applied and environmental
`
`microbiology, 2006. 72(7), pp.4853-4861, which was obtained from an online
`
`source at my direction. This document has been marked with an exhibit label and
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`page numbers on each page at the bottom right corner. However, no alterations,
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`other than these noted markings, have been made to this document.
`
`25. Ex. 1024 is a true and correct copy of Prabakaran, S., Lippens, G.,
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`Steen, H. and Gunawardena, J., 2012. Post‐translational modification: nature's
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`escape from genetic imprisonment and the basis for dynamic information
`
`encoding. Wiley Interdisciplinary Reviews: Systems Biology and Medicine, 4(6),
`
`pp.565-583, which was obtained from an online source at my direction. This
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`document has been marked with an exhibit label and page numbers on each page at
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`the bottom right corner. However, no alterations, other than these noted markings,
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`have been made to this document.
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`26. Ex. 1025 is a true and correct copy of Streber, W.R., Timmis, K.N.
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`and Zenk, M.H., 1987. Analysis, cloning, and high-level expression of 2, 4-
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`11
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`PGR2023-00022 Page 00011
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`U.S. Patent No. 11,371,055
`PGR2023-00022
`dichlorophenoxyacetate monooxygenase gene tfdA of Alcaligenes eutrophus
`
`JMP134. Journal of Bacteriology, 169(7), pp.2950-2955, which was obtained from
`
`an online source at my direction. This document has been marked with an exhibit
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`label and page numbers on each page at the bottom right corner. However, no
`
`alterations, other than these noted markings, have been made to this document.
`
`27. Ex. 1026 is a true and correct copy of Brannigan, J.A. and Wilkinson,
`
`A.J., 2002. Protein engineering 20 years on. Nature Reviews Molecular Cell
`
`Biology, 3(12), pp.964-970, which was obtained from an online source at my
`
`direction. This document has been marked with an exhibit label and page numbers
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`on each page at the bottom right corner. However, no alterations, other than these
`
`noted markings, have been made to this document.
`
`28. Ex. 1027 is a true and correct copy of Westendorf, A, Müller, RH,
`
`Babel, W, Purification and characterisation of the enantiospecific dioxygenases
`
`from Delftia acidovorans MC1 initiating the degradation of phenoxypropionate and
`
`phenoxyacetate herbicides. Acta biotechnologica, 2003. 23(1), pp.3-17, which was
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`obtained from an online source at my direction. This document has been marked
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`with an exhibit label and page numbers on each page at the bottom right corner.
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`12
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`
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`PGR2023-00022 Page 00012
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`
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`U.S. Patent No. 11,371,055
`PGR2023-00022
`However, no alterations, other than these noted markings, have been made to this
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`document.
`
`29. Ex. 1028 is a true and correct copy of Levels of Protein Organization,
`
`available at https://comis.med.uvm.edu/VIC/coursefiles/MD540/MD540-
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`Protein_Organization_10400_574581210/Protein-org/index.html, which was
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`obtained at my direction. This document has been marked with an exhibit label
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`and page numbers on each page at the bottom right corner. However, no
`
`alterations, other than these noted markings, have been made to this document.
`
`30. Ex. 1029 is a true and correct copy of Corteva Agriscience Enlist
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`Weed Control System 2020 Product Use Guide, available at
`
`https://www.enlist.com/content/dam/hdas/enlist/pdfs/Enlist_Product_Use_Guide_2
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`020.pdf, which was obtained at my direction. This document has been marked
`
`with an exhibit label and page numbers on each page at the bottom right corner.
`
`However, no alterations, other than these noted markings, have been made to this
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`document.
`
`31. Ex. 1030 is a true and correct copy of NASA JPL, Genesis – Search
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`for Origins, A Public Outreach Module: Atoms, Elements, and Isotopes, available
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`at https://solarsystem.nasa.gov/genesismission/science/mod2_aei/index.html,
`
`13
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`
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`PGR2023-00022 Page 00013
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`
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`U.S. Patent No. 11,371,055
`PGR2023-00022
`which was obtained at my direction. This document has been marked with an
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`exhibit label and page numbers on each page at the bottom right corner. However,
`
`no alterations, other than these noted markings, have been made to this document.
`
`32. Ex. 1031 is a true and correct copy of Oxford University Press,
`
`Oxford Education Blog, Number of Atoms in the Universe, available at
`
`https://educationblog.oup.com/secondary/maths/numbers-of-atoms-in-the-universe,
`
`which was obtained at my direction. This document has been marked with an
`
`exhibit label and page numbers on each page at the bottom right corner. However,
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`no alterations, other than these noted markings, have been made to this document.
`
`33. Ex. 1033 is a true and correct copy of Nelson, D.L, and Cox, M.M.,
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`2005. Lehninger Principles of Biochemistry, 4th edition, pp.116-156, which was
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`obtained from an online source at my direction. This document has been marked
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`with an exhibit label and page numbers on each page at the bottom right corner.
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`However, no alterations, other than these noted markings, have been made to this
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`document.
`
`34. Ex. 1034 is a true and correct copy of Mall, T., Gupta, M., Dhadialla,
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`T.S. and Rodrigo, S., 2019. Overview of biotechnology-derived herbicide tolerance
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`and insect resistance traits in plant agriculture. Transgenic plants: methods and
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`14
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`PGR2023-00022 Page 00014
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`U.S. Patent No. 11,371,055
`PGR2023-00022
`protocols, pp.313-342, which was obtained from an online source at my direction.
`
`This document has been marked with an exhibit label and page numbers on each
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`page at the bottom right corner. However, no alterations, other than these noted
`
`markings, have been made to this document.
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`35. Certain pages have been resized to 8.5 x 11 inches. No content was
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`removed by this resizing.
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`36.
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`I hereby declare that all statements made herein of my own
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`knowledge are true and that all statements made on information and belief are
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`believed to be true; and further that these statements were made with the
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`knowledge that willful false statements and the like so made are punishable by fine
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`or imprisonment, or both, under 18 U.S.C. § 1001. If called to testify as to the
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`truth of the matters stated herein, I could and would testify competently.
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`37.
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`I declare under penalty of perjury that the foregoing is true and
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`correct.
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`Executed this 28th day of March, 2023, in Boston, Massachusetts.
`
`/Jonathan Bradford/
`Jonathan Bradford
`ROPES & GRAY LLP
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`15
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`PGR2023-00022 Page 00015
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