Paper No. __
`Filed: October 1, 2014
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`____________________
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`BIODELIVERY SCIENCES INTERNATIONAL, INC.
`Petitioner
`
`v.
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`RB PHARMACEUTICALS LIMITED
`Patent Owner.
`
`____________________
`
`Case IPR2014-00998
`Patent 8,475,832
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`____________________
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`MOTION FOR PRO HAC VICE ADMISSION
`UNDER 37 C.F.R. § 42.10
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`Active 23005137v1 021898.000006
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`Filed: October 1, 2014
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________________
`
`BIODELIVERY SCIENCES INTERNATIONAL, INC.
`Petitioner
`
`v.
`
`RB PHARMACEUTICALS LIMITED
`Patent Owner.
`
`____________________
`
`Case IPR2014-00998
`Patent 8,475,832
`
`____________________
`
`MOTION FOR PRO HAC VICE ADMISSION
`UNDER 37 C.F.R. § 42.10
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`
`
`Active 23005137v1 021898.000006
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`
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`Case No. IPR2014-00998
`Patent No. 8,475,832
`Patent Owner respectfully requests that the Board recognize Mr. Daniel A.
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`Ladow as counsel pro hac vice during this proceeding.
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`1.
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`Time for Filing
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`This Motion for Pro Hac Vice Admission is being filed no sooner than
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`twenty one (21) days after service of the petition.
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`2.
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`Statement of Facts
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`As required by the Notice of Filing Date, and by the Order Authorizing
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`Motion for Pro Hac Vice Admission in Case IPR2013-00639 (“the Representative
`
`Order”), the following statement of facts shows that there is good cause for the
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`Board to recognize Mr. Ladow pro hac vice.
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`This proceeding is closely related to IPR2014-00325, which has been
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`instituted as to the same claims of the same patent at issue here. In that related
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`inter partes review, the Board has recognized Mr. Ladow as counsel pro hac vice.
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`IPR2014-00325, Paper 14. Mr. Ladow has also been recognized as counsel pro
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`hac vice in the unrelated IPR2013-00459.
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`Mr. Ladow is an experienced litigating attorney with experience, among
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`other things, in numerous patent infringement litigations in District Courts across
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`the country, including experience in trials and Markman hearings, and before the
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`Federal Circuit, experience in Interference proceedings and inter partes review
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`before the Office, experience in § 146 civil actions, and experience in § 337 ITC
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`Active 23005137v1 021898.000006
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`2
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`Case No. IPR2014-00998
`Patent No. 8,475,832
`investigations. A biographical profile of Mr. Ladow is attached as Appendix A to
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`the Affidavit of Daniel A. Ladow (RB Ex. 2001) filed concurrently. As stated by
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`Mr. Ladow in the Affidavit, he will be subject to the USPTO Rules of Professional
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`Conduct.
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`The ʼ832 patent was previously asserted against Petitioner in Reckitt
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`Benckiser Pharmaceuticals, Inc., RB Pharmaceuticals Limited, and MonoSol Rx,
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`LLC. v. BioDelivery Sciences International, Inc., E.D.N.C. Civil Action No. 13-cv-
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`760-BO. That action was subsequently dismissed without prejudice as premature
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`on procedural grounds. The ʼ832 patent is involved in BioDelivery Sciences
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`International, Inc. v. Reckitt Benckiser Pharmaceuticals, Inc. et al., E.D.N.C. Civil
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`Action No. 14-cv-529-H. The ʼ832 patent has also been asserted in Reckitt
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`Benckiser Pharmaceuticals, Inc., RB Pharmaceuticals Limited, and MonoSol Rx,
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`LLC. v. Par Pharmaceutical, Inc., and IntelGenx Technologies, Corp., D. Del.
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`Civil Action No. 13-1461-RGA; Reckitt Benckiser Pharmaceuticals, Inc., RB
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`Pharmaceuticals Limited, and MonoSol Rx, LLC. v. Watson Laboratories, Inc., D.
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`Del. Civil Action No. 13-1674-RGA; Reckitt Benckiser Pharmaceuticals, Inc., RB
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`Pharmaceuticals Limited, and MonoSol Rx, LLC. v. Alvogen Pine Brook, Inc., D.
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`Del. Civil Action No. 13-2003-RGA; and Reckitt Benckiser Pharmaceuticals, Inc.,
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`RB Pharmaceuticals Limited, and MonoSol Rx, LLC. v. Par Pharmaceutical, Inc.,
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`and IntelGenx Technologies, Corp., D. Del. Civil Action No. 14-422-RGA. The
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`Active 23005137v1 021898.000006
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`Case No. IPR2014-00998
`Patent No. 8,475,832
`13-1674 (Watson) and 14-422 (Par) Actions remain pending. (The 13-1461 (Par)
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`and 13-2003 (Alvogen) Actions were dismissed without prejudice in light of Par
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`and Alvogen having prematurely triggered the Hatch-Waxman ANDA litigation
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`process in regard to those Actions.)
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`Mr. Ladow has been lead counsel for Patent Owner in all the above co-
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`pending litigation, and remains lead counsel in the cases still pending, and, as such,
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`has an established familiarity with the subject matter at issue in this proceeding. In
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`the co-pending litigation, Mr. Ladow is responsible for the conduct of the cases.
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`Mr. Ladow has reviewed and analyzed voluminous technical literature related to
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`the claimed technology, including prior art references presented by Petitioner in its
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`Petition and by the other defendants in the co-pending litigation. Patent Owner has
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`expended significant resources in the co-pending litigation with Mr. Ladow as lead
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`counsel, and Patent Owner wishes to continue using Mr. Ladow as counsel in this
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`proceeding.
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`Therefore, Patent Owner respectfully submits that there is good cause for the
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`Board to recognize Mr. Ladow as counsel pro hac vice during this proceeding.
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`3.
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`Affidavit or Declaration of Individual Seeking to Appear
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`This Motion for Pro Hac Vice Admission is accompanied by an Affidavit of
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`Daniel A. Ladow (RB Ex. 2001) as required by the Representative Order.
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`Dated: October 1, 2014
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`Active 23005137v1 021898.000006
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`Case No. IPR2014-00998
`Patent No. 8,475,832
`Respectfully submitted,
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`By: ___/James M. Bollinger/________
` James Moore Bollinger
` Registration No. 32,555
` Lead Counsel for Patent Owner
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`Case No. IPR2014-00998
`Patent No. 8,475,832
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`Exhibit
`No.
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`2001
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`
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`List of Exhibits
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`Description
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`Affidavit of Daniel A. Ladow in Support of Motion for Pro Hac Vice
`Admission
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`Active 23005137v1 021898.000006
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`6
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`CERTIFICATE OF SERVICE
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`Case No. IPR2014-00998
`Patent No. 8,475,832
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`The undersigned hereby certifies that a copy of the foregoing Motion for Pro
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`Hac Vice Admission and the accompanying Affidavit of Daniel A. Ladow in
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`Support (RB Ex. 2001) were served electronically via email on October 1, 2014,
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`on attorneys for Petitioner:
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`
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`Danielle L. Herritt
`Kia L. Freeman
`McCARTER & ENGLISH, LLP
`265 Franklin Street
`Boston, MA 02110
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`dherritt@mccarter.com
`IPR832@mccarter.com
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`____/James M. Bollinger/________
`James M. Bollinger
`Reg. No. 32,555
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`Dated: October 1, 2014
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`Active 23005137v1 021898.000006
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`7
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