WARSAW 2063
`NuVasive, Inc. v. Warsaw Orthopedic, Inc.
`IPR2013-00206
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`7.
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`I have applied to appear pro hac vice before the Office in the following
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`proceedings in the last three (3) years:
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`Nu Vasive, Inc. v. WarsawOrthopea’ic, Inc., IPR2013—00395 (granted on
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`February 25, 2014; Paper 18)
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`Nu Vasive, Inc. v. Warsaw Orthopedic, Inc., IPR20l3—00396 (granted on
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`February 25, 2014; Paper 19);
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`Nu Vasive, Inc. v. Warsaw Orthopedic, Inc., IPR2013—00208 (filed
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`concurrently herewith); and
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`8.
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`I am an experienced litigation attorney, with experience in numerous
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`lawsuits involving patent infringement in District Courts across the country,
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`including experience in discovery, Markman hearings, dispositive motions, and
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`jury and bench trials in patent infringement litigation. In particular, I have
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`represented Patent Owner Warsaw in multiple patent infringement cases. My
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`biography is attached hereto as Exhibit A.
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`I am counsel for Warsaw in the co—pending litigation in which US. Patent
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`No. 8,251,997 is asserted against NuVasive, Inc.
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`I am familiar with the subject
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`matter at issue in this proceeding, including the prior art on which Petitioner relies
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`in its request. Additionally, I have a BS. in Molecular, Cell & Developmental
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`Biology and several years of work experience as a biologist.
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`Dated: March 4, 2014
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`Respectfully Submitted,
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`a R. Wickra asekera
`i
`KIRKLAND & ELLIS LLP
`333 South Hope Street
`Los Angeles, CA 90071
`Telephone: (213) 680-8400
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`EXHIBIT A
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`EXHIBIT A
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`Nimalka Wickramasekera
`
`Nimalka Wickramasekera’s practice focuses on biotechnology and medical
`device patent litigation and technology-related matters for clients such as
`Amgen and Medtronic. Nimalka has successfully represented high-profile
`clients and examined technical and fact witnesses during complex intellectual
`property trials in Federal District Court; taken and defended key depositions
`of inventors, prosecution counsel and technical experts; written and
`successfully argued a variety of motions; briefed and prepared argument for
`claim construction issues; and prepared key fact and expert witnesses for trial.
`Recently, Nimalka successfully second-chaired the trial against NuVasive,
`Inc. in a patent dispute on behalf of Medtronic.
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`Nimalka concentrates her practice on patent and other technology-related
`litigation with a particular focus on chemical, pharmaceutical, biotechnology,
`and medical device matters. Representative of Nimalka’s experience in these
`areas would be patent matters involving gene expression, protein synthesis,
`monoclonal antibodies, intracellular transcription factors, fuel tank inerting
`technologies, refrigerant technologies, and devices and instruments for use
`during surgery. Nimalka has also worked on a variety of copyright and
`trademark cases. She previously authored an article entitled “The Biosimilars
`Are Coming-But Is It By Land Or By Sea?” published in the Kirkland & Ellis
`LLP Biotech Update Spring 2009 edition.
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`Publications and Speaking Engagements
`“The Biosimilars Are Coming: But Is It By Land Or By Sea?” Biotech
`Update, May 2009.
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`“Public Use or Experimental Use: Are Clinical Trials Susceptible to Another
`Attack Similar to That in Smithkline Beecham, Corp. v. Apotex Corp.,” 39 J.
`Marshall L. Rev. 149 (2005)
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`Prior Experience
`Research Biologist, Eli Lilly & Company, 2002–2003
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`Product Specialist, Abbott Laboratories, 2000–2002
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`www.kirkland.com 1
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`Partner, Intellectual
`Property
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`Kirkland & Ellis LLP
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`Los Angeles, California
`t: +1 213-680-8246
`f: +1 213-680-8500
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`nimalka.wickramasekera@kirkland.com
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`Education
`John Marshall Law School, J.D.,
`2006
` magna cum laude
` The John Marshall Law Review,
`Member
` Recipient of Dean's Scholarship &
`Fred F. Herzog Scholarship
`Awards
`University of California, Los
`Angeles, B.S. Molecular, Cell &
`Developmental Biology, 1999
`
`Admissions & Qualifications
`2006, Illinois
`2009, California
`
`Courts
`U.S. Court of Appeals for the
`Federal Circuit
`U.S. District Court for the
`Southern District of California
`U.S. District Court for the Central
`District of California
`U.S. District Court for the District
`of Colorado
`United States Court of Appeals for
`the Ninth Circuit
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`5
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