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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`APOTEX CORP.,
`Petitioner
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`V.
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`ALCON RESEARCH, LTD.,
`Patent Owner.
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`Case IPR2013-00428
`U.S. Patent No. 8,268,299
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`DECLARATION OF DAVID M. HORNIAK IN SUPPORT OF
`MOTION FOR PRO HAC VICE ADMISSION
`PURSUANT TO 37 C.F.R. § 42.10(c)
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`1.
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`I, David M. Homiak, am more than twenty-one years of age, am
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`competent to present this declaration, and have personal knowledge of the facts set
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`forth herein.
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`2.
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`This declaration is given in support of the patent owner Alcon
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`Research, Ltd.'s Motion for Pro Hac Vice Admission.
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`3.
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`I am a member in good standing of the bars of California and the
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`District of Columbia.
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`1
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`ALCON 2074
`Apotex Corp. v. Alcon Research, Ltd.
`Case IPR2013-00428
`
`
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`4.
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`I have never been suspended or disbarred from practice before any
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`court or administrative body.
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`5.
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`No court or administrative body has ever denied my application for
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`admission to practice before it.
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`6.
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`No court or administrative body has ever imposed sanctions or
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`contempt citations on me.
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`7.
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`I have read and will comply with the Office Patent Trial Practice
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`guide and the Board's Rules of Practice for Trials set forth in part 42 of37 C.P.R.
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`8.
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`I understand that I will be subject to the USPTO Code of Professional
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`Responsibility set forth in 37 C.P.R.§§ 11.101 et seq. and will be subject to
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`disciplinary jurisdiction under 37 C.P.R.§ 11.19(a).
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`9.
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`I am concurrently seeking pro hac vice admission in the petitioner's
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`inter partes challenges to U.S. Patent Nos. 8,323,630 and 8,388,941. Those
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`proceedings have been designated IPR2013-00429 and IPR2013-00430,
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`respectively. I have not applied to appear pro hac vice in any other proceedings
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`before the Office in the last three (3) years.
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`10.
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`I am familiar with the subject matter at issue in the present
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`· proceeding. I currently represent Alcon in parallel litigation in the U.S. District
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`Court for the District of Delaware in which the same patent is at issue: Alcon
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`Research, Ltd. v. My/an Pharmaceuticals Inc. & Mylan Inc., No. 1 :13-cv-01332-
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`2
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`ALCON 2074
`Apotex Corp. v. Alcon Research, Ltd.
`Case IPR2013-00428
`
`
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`SLR; Alcon Research, Ltd. v. Wockhardt Ltd., Wockhardt Bio AG, & Wockhardt
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`USA, LLC, No. 1: 13-cv-02040-SLR; and Alcon Research, Ltd. v. Micro Labs Ltd.
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`& Micro Labs USA Inc., No. 1:14-cv-00014-SLR. In addition, I have worked with
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`the fact and expert witnesses who submitted declarations in connection with
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`Alcon's Response to Petitioner's inter partes petition.
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`11.
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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.
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`3
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`ALCON 2074
`Apotex Corp. v. Alcon Research, Ltd.
`Case IPR2013-00428