`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`AMNEAL PHARMACEUTICALS, LLC
`
`Petitioner
`
`V.
`
`SUPERNUS PHARMACEUTICALS, LLC.
`Patent Owner
`
`US. Patent No. 8,394,406
`
`Issue Date: March 12, 2013
`Title: Once Daily Formulations of Tetracyclines
`
`Case IPR2013—003 72
`
`AFFIDAVIT IN SUPPORT OF MOTION FOR
`PRO HAC VICE ADMISSION 0F EVAN DIAMOND
`37 C.F.R. § 42.10(c)
`
`_
`
`Mail Stop “PA TENT BOARD ”
`Patent Trial and Appeal Board
`US. Patent and Trademark Office
`
`PO. Box 1450
`
`Alexandria, VA 22313-1450
`
`45242330433151
`
`(cid:54)(cid:88)(cid:83)(cid:72)(cid:85)(cid:81)(cid:88)(cid:86)(cid:3)(cid:51)(cid:75)(cid:68)(cid:85)(cid:80)(cid:86)(cid:17)(cid:3)(cid:21)(cid:19)(cid:20)(cid:22)
`Supernus Pharms. 2013
`,
`(cid:36)(cid:80)(cid:81)(cid:72)(cid:68)(cid:79)(cid:3)(cid:51)(cid:75)(cid:68)(cid:85)(cid:80)(cid:86)(cid:17)(cid:3)(cid:47)(cid:47)(cid:38)(cid:3)(cid:89)(cid:17)(cid:3)(cid:54)(cid:88)(cid:83)(cid:72)(cid:85)(cid:81)(cid:88)(cid:86)(cid:3)(cid:51)(cid:75)(cid:68)(cid:85)(cid:80)(cid:86)(cid:17)
`Amneal Pharms. LLC V. Supernus Pharms.
`(cid:44)(cid:51)(cid:53)(cid:21)(cid:19)(cid:20)(cid:22)(cid:16)(cid:19)(cid:19)(cid:22)(cid:26)(cid:21)
`IPR2013-00372
`
`
`
`IPR2013~00372
`Patent 8,394,406
`
`'
`
`Attorney Docket No. 063089-0165
`
`1.
`
`1, Evan Diamond, am more than twenty-one years of age, am
`
`competent to present this affidavit, and have personal knowledge of the facts set
`
`forth herein.
`
`2.
`
`This affidavit is submitted in support of Patent Owner Supemus
`
`Pharmaceuticals LLC’s Motion For Pro Hac Vice Admission.
`
`3.
`
`4.
`
`I am a member in good standing of the Bar of New York.
`
`I have never been suspended or disbarred from practice before any
`
`court or administrative body.
`
`5.
`
`I have never been denied admission to practice before any court or
`
`administrative body.
`
`I 6.
`
`No court or administrative body has every imposed sanctions or
`
`contempt citations against me.
`
`7.
`
`I have read and will comply with the Office Patent Trial Practice
`
`Guide and the Board’s Rules of Practice for Trials set forth in part 42 of the C.F.R.
`
`8.
`
`I understand that I will be subject to the USPTO Code of Professional
`
`Responsibility set forth in 37 C.F.R. §§ 1020 et seq. and disciplinary jurisdiction
`
`under 37 C.F.R. § ll.l9(a).
`
`9.
`
`I have not previously applied to appear pm hac vice in a proceeding
`
`before the Office in the last three (3) years.
`
`4824—2380-9816.1
`
`1
`
`
`
`IPR2013—00372
`Patent 8,394,406
`
`.
`
`Attorney Docket No. 063089-0165
`
`10.
`
`l have an established familiarity with the subject matter at issue in this
`
`proceeding. ‘ I have a BA. in Biochemistry and M.S. in Chemistry from the
`
`University of Pennsylvania.
`
`I am a member of the trial team in Galderma
`
`Laboratories Inc. et a]. v. Amneal Pharmaceuticals LLC et al. , No. l l—cv-1106—
`
`LPS (D. Del), which involves the same ’740 patent and subject matter at issue in
`related Case IPR2013-00368, and which in turn is related to the subject matter at
`
`issue in this proceeding regarding the related ’406 patent.
`
`I have reviewed the
`
`patent, petition, and alleged prior art references asserted by Petitioner in this
`
`proceeding.
`
`11.
`
`r
`
`Inhereby declare under penalty of perjury under the laws of the United
`
`States of America that the foregoing is true and correct, and that all statements
`
`made of my own knowledge are true and that all statements made on infOrmation
`
`and belief are believed to be true. I understand that willful false statements and the,
`
`like are punishable by fine or imprisonment, or both (18 U.S.C.-§ 1001).
`
`4324-2380-98161
`
`_
`
`2
`
`
`
`IPR2013-00372
`Patent 8,394,406
`
`Attorney Docket No. 063089-0165
`
`Evan Diamond
`
`PAUL HASTINGS LLP
`
`75 East 55th Street
`
`New York, NY 10022
`
`(212) 318-6004
`
`Sworn to and subscribed before me
`
`this 93 éday ofJanuary 2014.
`
`JOSEPHINE HICCA
`Notary Public. State of New York
`- QUBIIfIEd In New York County A . 2 o
`,
`‘
`'
`__No. 01Rl6064289
`
`
`
`
`
`Notary Public
`
`Commission Expires 9f24i2011
`
`4824-2380-9816.1
`
`3
`
`
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