Paper No. ____
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`Filed on behalf of LifeScan Scotland Ltd.
`By: Dianne B. Elderkin (delderkin@akingump.com)
`Steven D. Maslowski (smaslowski@akingump.com)
`AKIN GUMP STRAUSS HAUER & FELD LLP
`Two Commerce Square
`2001 Market Street, Suite 4100
`Philadelphia, PA 19103
`Tel: (215) 965-1200
`Fax: (215) 965-1210
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`________________
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`PHARMATECH SOLUTIONS, INC.
`Petitioner
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`v.
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`LIFESCAN SCOTLAND LTD.
`Patent Owner
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`________________
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`Case IPR2013-00247
`Patent 7,250,105
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`________________
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`MOTION FOR PRO HAC VICE ADMISSION
`OF KATHLEEN M. CROTTY, ESQ. PURSUANT TO 37 C.F.R. § 42.10
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`Filed on behalf of LifeScan Scotland Ltd.
`By: Dianne B. Elderkin (delderkin@akingump.com)
`Steven D. Maslowski (smaslowski@akingump.com)
`AKIN GUMP STRAUSS HAUER & FELD LLP
`Two Commerce Square
`2001 Market Street, Suite 4100
`Philadelphia, PA 19103
`Tel: (215) 965-1200
`Fax: (215) 965-1210
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`________________
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`PHARMATECH SOLUTIONS, INC.
`Petitioner
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`v.
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`LIFESCAN SCOTLAND LTD.
`Patent Owner
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`________________
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`Case IPR2013-00247
`Patent 7,250,105
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`________________
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`MOTION FOR PRO HAC VICE ADMISSION
`OF KATHLEEN M. CROTTY, ESQ. PURSUANT TO 37 C.F.R. § 42.10
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`I.
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`Relief Requested
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`Case No. IPR2013-00247
`U.S. Patent No. 7,250,105
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`The Patent Owner respectfully requests that the Board admit Ms. Kathleen
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`M. Crotty as counsel pro hac vice for the above-captioned proceeding in
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`accordance with 37 C.F.R. § 42.10.
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`II. Timing of Motion
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`This Motion for pro hac vice admission is being filed no sooner than twenty
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`one (21) days after service of the petition as required by the Order Authorizing
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`Motion for Pro Hac Vice entered April 17, 2013.
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`III. Statement of Facts
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`Both lead and back-up counsel in the above-captioned proceeding, Dianne
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`B. Elderkin and Steven D. Maslowski, are registered practitioners before the
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`USPTO.
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`The facts, supported by the attached Declaration of Kathleen M. Crotty in
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`Support of Motion for Admission Pro Hac Vice (Exhibit A), establish good cause
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`to admit Ms. Crotty pro hac vice in this proceeding.
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`Ms. Crotty is an experienced litigating attorney. Ms. Crotty has been a
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`litigating attorney for more than 15 years. She is currently counsel at Patterson
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`Belknap, where she litigates cases involving pharmaceutical, medical device, and
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`2
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`Case No. IPR2013-00247
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`U.S. Patent No. 7,250,105
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`industrial products. Ms. Crotty has represented both plaintiffs and defendants in all
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`aspects of patent litigation in district court, as well as prosecuted and defended
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`patent infringement appeals in the Court of Appeals for the Federal Circuit. See
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`Exhibit A. In addition, she advises clients on potential infringement and validity
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`issues as well as contractual issues. Ms. Crotty also litigates trademark
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`infringement actions and counsels clients regarding false advertising claims. See
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`Exhibit A.
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`Ms. Crotty graduated from New York University School of Law (J.D.,
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`1997). Prior to law school, Ms. Crotty earned her B.A. from Lehigh University
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`(1988) and M.S. in Statistics from Pennsylvania State University (1990). See
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`Exhibit A.
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`Ms. Crotty has familiarity with the subject matter at issue in this proceeding
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`based on her work as counsel in the co-pending district court case, Lifescan, Inc. v.
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`Shasta Techs., LLC, 5:11-CV-04494-EJD (N.D. Cal), which involves the same
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`patent at issue in this proceeding. See Exhibit A. Ms. Crotty has been actively
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`involved in many aspects of the co-pending district court case, including issues
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`related to validity of the patents-in-suit. See Exhibit A. As such, she is very
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`familiar with the subject matter at issue in this proceeding.
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`3
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`Case No. IPR2013-00247
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`U.S. Patent No. 7,250,105
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`IV. Affidavit or Declaration of Individuals Seeking to Appear
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`This motion for Pro Hac Vice Admission is accompanied by the attached
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`Declaration of Kathleen M. Crotty (Exhibit A) as required by the Notice of Filing
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`Date Accorded to Petition entered April 17, 2013. In her Declaration, she states
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`compliance with the general requirements for pro hac vice admission including that
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`she is a member in good standing of the Bar of the State of New York; she has
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`never been suspended or disbarred from practice before any court or administrative
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`body; she has never had a court or administrative body deny her application for
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`admission to practice; she has never had sanctions or contempt citations imposed
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`on her by any court or administrative body; she has read and will comply with the
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`Office Patent Trial Practice Guide and the Board’s Rules of Practice for Trials set
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`forth in part 42 of the C.F.R.; she agrees to be subject to the USPTO Code of
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`Professional Responsibility set forth in 37 C.F.R. §§ 10.20 et seq. and disciplinary
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`jurisdiction under 37 C.F.R. § 11.19(a); and she has not applied to appear pro hac
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`vice before the USPTO in the last three (3) years. See Exhibit A.
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`V. Conclusion
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`In light of the foregoing, Patent Owner respectfully requests that the Board
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`admit Kathleen M. Crotty pro hac vice in this proceeding.
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`4
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`Case No. IPR2013-00247
`U.S. Patent No. 7,250,105
`Respectfully submitted,
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`/Dianne B. Elderkin/
`Dianne B. Elderkin
`Registration No. 28,598
`Counsel for Patent Owner
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`5
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`Date: July 1, 2013
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`EXHIBIT A
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`EXHIBIT A
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`Paper No.
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`Filed on behalf of LifeScan Scotland Ltd.
`By, Dianne B. Elderkin (delderkin@akingump.com)
`Steven D. Maslowski (smaslowski@akingump.com)
`AKIN GUMP STRAUSS HAUER & FELD LLP
`Two Commerce Square
`2A0I Market Street, Suite 4100
`Philadelphia, PA 19103
`Tel: (215) 965-1200
`Fax: (215) 965-1210
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`UMTED STATES PATENTAND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIALAND APPEAL BOARD
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`PFIARMATECH SOLUTIONS, INC.
`Petitioner
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`V.
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`LIFESCAN SCOTLAND LTD.
`Patent Owner
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`Case IPR2013-44247
`Patent 7,250,105
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`DECLARATION OF KATHLEEN M. CROTTY
`IN SUPPORT OF MOTION FOR PRO HAC WCE ADMISSION
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`
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`I, Kathleen M. Crotfy, declare as follows:
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`Case No. IPR2013-00247
`U.S. Patent No. 7,250, 105
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`Counsgl is an experienced litigatine attoryey
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`1. I have been a litigating attorney for over 15 years. I am currently counsel at
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`Patterson Belknap where I litigate cases involving pharmaceuticals, medical
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`devices, and industrial products. I have successfully represented both plaintiffs
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`and defendants in all aspects of patent litigation. I also advise clients on
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`potential patent infringement and validity issues as well as contractual issues. I
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`have successfully litigated trademark infringement actions, as well as federal
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`and state antitrust actions.
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`2" I graduated from New York University School of Law n 1997. Prior to law
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`school, I earned a B.A. degree from Lehigh University (1988) and an M.S. in
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`Statistics from Pennsylvania State University (1990).
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`Familiaritv with the subject matter at issue in the proceeding (U.S, Patent No.
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`7.250,105)
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`3. I am familiar with the subject matter at issue in this proceeding, specifically
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`U.S. Patent No. 7,250,105 entitled "MEASUREMENT OF SUBSTANCES IN
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`LIQUIDS" ("the '105 Patent"). I am counsel in the co-pending district court
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`litigation, Lifescan, Inc. u Shasta kchs., LLC, 5: 1 1 -CV- A4494-EID (N.D. Cal),
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`in which the '105 Patent is asserted against various manufacturers of glucose
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`Case No. lPP.20l3-00247
`U.S. Patent No. 7,250,105
`test strips. This litigation was filed in the United States District Court for the
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`Northern District of California in September 2011. The '105 Patent was first
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`asserted through an amended complaint dated 1211012012.
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`4. I have been actively involved in many aspects of this co-pending district court
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`litigation, including, for example: working with Prof. Mark Meyerhoff in the
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`preparation of his declarations in this matter; briefing of Markman issues, and
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`fact discovery.
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`General Requirements
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`1. I am a member in good standing of the Bar of the State of NewYork and am
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`admiued to practice before the U.S. District Court for the Southern District
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`of New York, as well as the United States Court ofAppeals for the Federal
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`Circuit.
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`2. lhave never been suspended or disbarred from practice before any court or
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`administrative body.
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`3. I have never had a court or administrative body deny my application for
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`admission to practice.
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`4. I have never had sanctions or contempt citations imposed on me by any
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`court or administrative body.
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`5. I have read and will comply with the Office Patent Trial Practice Guide and
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`the Board's Rules of Practice for Trials set forth in part 42 of the C.F.R.
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`.;T:i,Y,r,ff';,i,T?fiI
`6. I agree to be subject to the USPTO Code of Professional Responsibility set
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`forth in37 C.F.R. $$ 10.20 et seq. and disciplinary jurisdiction under 37
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`C.F.R. $ 11.1e(a).
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`7. I have not applied to appear pro hac vice in any proceedings before the
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`USPTO in the last three (3) years.
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`I hereby declare that all statements made herein of my own knowledge are
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`true and that all statements made on information and belief are believed to be
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`true; and further that these statements are made with the knowledge that
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`willfully false statements and the like so made are punishable by fine or
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`imprisonment, or both, under Section 1001 of Title 18 of the United States Code
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`and that such willfully false statements may jeopwdize the validity of U.S.
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`Patent No. 7,250,105.
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`Dated: June 29,2013
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`Respectfully submiued,
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`een M.
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`LLP
`1133 Avenue of the Americas,
`New York, NY 10036
`(2r2)336-2000
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`CERTIFICATE OF SERVICE
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`Case No. IPR2013-00247
`U.S. Patent No. 7,250,105
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`The undersigned hereby certifies that a copy of the foregoing MOTION
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`FOR PRO HAC VICE ADMISSION OF KATHLEEN M. CROTTY, ESQ.
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`PURSUANT TO 37 C.F.R. § 42.10 was served on counsel of record on July 1,
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`2013, by filing this document through the Patent Review Processing System, as
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`well as delivering a copy via overnight mail to the counsel of record for the
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`Petitioner at the following address:
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`Patent Docketing
`Lathrop & Gage LLP
`2345 Grand Boulevard, Suite 2800
`Kansas City, MO 64108
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`Respectfully submitted,
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`By: /Dianne B. Elderkin/
`Dianne B. Elderkin
`Registration No. 28,598
`Counsel for Patent Owner
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`Date: July 1, 2013
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