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`OF MOTION FOR PRO HAC VICE ADMISSION
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`I, Nimalka R. Wickramasekera, being duly sworn and upon oath, hereby
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`attest to the following:
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`l.
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`I am a member in good standing of the Bar of California and Illinois, as well
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`as the following Federal Courts:
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`U.S. Court of Appeals, Federal Circuit; U.S. Court of Appeals, Ninth
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`Circuit; U.S. District Court, Central and Southern Districts of California;
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`and U.S. District Court, District of Colorado.
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`2.
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`I have not been suspended or disbarred from practice before any court or
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`administrative body;
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`3.
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`I have never had an application for admission to practice before any court or
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`administrative body denied;
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`4.
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`No sanction or contempt citation has been imposed against me by any court
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`. or administrative body;
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`5.
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`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 37 C.F.R.;
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`6.
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`I will be subject to the USPTO Rules of Professional Conduct set forth in 37
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`C.F.R. §§ ll.l0l et seq. and disciplinaryjurisdiction under 37 C.F.R. § ll.l9(a);
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`l
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`WARSAW 2002
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`Nuvasive, Inc. v. Warsaw Orthopedic, Inc.
`IPRZO13-00396
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`WARSAW 2002
`NuVasive, Inc. v. Warsaw Orthopedic, Inc.
`IPR2013-00396
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`
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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. Warsaw Orthopedic, Ina, lPR20l3—00395 (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, Mar/(man 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 U.S. Patent
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`No. 8,444,696 is asserted against NuVasive, Inc. 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 B.S. in Molecular, Cell & Developmental
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`Biology and several years of work experience as a biologist.
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`
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`Respectfully Submitted,
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`
`
`iickramasekera
`I
`I
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`KIRKLAND & ELLIS LLP
`333 South Hope Street
`Los Angeles, CA 90071
`Telephone: (213) 680-8400
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`Datedf February 11, 2014
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`Sworn to and subscribed before me,
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`this H+b
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`dayof Febmawfii
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`,ao:j
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`.
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`
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`MARY BETH LOPEZ
`Commission # 1882124
`Notary Public - California
`§
`Los Angeles County
`3:
`My Comm. Expires Mar 11. 2014
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`
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`Notary gtblic
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`6 i 5
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`My Commission Expires:
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`
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`EXHIBIT A
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`EXHIBIT AEXHIBIT AEXHIBIT A
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`4
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`
`
`Nimalka Wickramasekera
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`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
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`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