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`Entered: November 12, 2015
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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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`PRAXAIR DISTRIBUTION, INC.
`Petitioner
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`v.
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`INO THERAPEUTICS LLC,
`Patent Owner
`_______________________
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`Case IPR2015-00529
`U.S. Patent No. 8,846,112 B2
`_______________________
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`Before LORA M. GREEN, TINA E. HULSE, and
`ROBERT A. POLLOCK, Administrative Patent Judges.
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`
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`DECLARATION OF KENNETH G. SCHULER IN SUPPORT OF
`PATENT OWNER INO THERAPEUTICS LLC’S MOTION FOR
`PRO HAC VICE ADMISSION UNDER 37 C.F.R. § 42.10(c)
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`Case IPR2015-00529
`U.S. Patent No. 8,849,112
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`I, Kenneth G. Schuler, resident of Glenview, Illinois, declare as follows:
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`1.
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`I am a partner of the firm of Latham & Watkins LLP, counsel of
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`record for Patent Owner INO Therapeutics LLC. I have personal knowledge of the
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`facts set forth in this declaration and, if called as a witness, could and would testify
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`competently under oath.
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`2.
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`I am a member in good standing of the Illinois State Bar (Bar No.
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`6226036). I am also admitted to practice before the U.S. District Courts for the
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`Eastern District of Michigan, Eastern District of Wisconsin, Northern District of
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`Illinois (General and Trial Bars), Southern District of Illinois, and the U.S. Courts
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`of Appeals for the Sixth, Seventh, and Federal Circuits.
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`3.
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`I have never been suspended or disbarred from practice before any
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`court or administrative body. No application of mine for admission to practice
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`before any court or administrative body has ever been denied. No court or
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`administrative body has imposed sanctions or contempt citations against me.
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`4.
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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 of the C.F.R.
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`I acknowledge and agree that I will be subject to the USPTO Rules of Professional
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`Conduct set forth in 37 C.F.R. §§ 11.101 et seq. and disciplinary jurisdiction under
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`37 C.F.R. § 11.19(a).
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`5.
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`I received a Bachelor of Arts degree from the University of Northern
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`Case IPR2015-00529
`U.S. Patent No. 8,849,112
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`Iowa in 1990 and a law degree from the University of Michigan Law School in
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`1993. I clerked for the Honorable James B. Loken of the U.S. Court of Appeals
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`for the Eighth Circuit from 1993 to 1994 and joined Latham & Watkins LLP as an
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`associate thereafter. I was named a partner of the firm in 2002.
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`6.
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`I have over twenty years of litigation experience in federal and state
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`courts, as well as in commercial arbitrations. I have extensive trial experience,
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`having been admitted to the Trial Bar of the Northern District of Illinois in 2002. I
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`am global co-chair of Latham & Watkins’ intellectual property group and my
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`practice involves intellectual property rights, with a particular emphasis in
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`pharmaceutical patent litigation. Intellectual Asset Management magazine recently
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`named me to the 2014 IAM Patent 1000.
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`7.
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`I have been actively involved in analyzing and assisting with Patent
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`Owner’s Response to the Petition for Inter Partes Review submitted in this
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`proceeding, as well as the responses to the petitions submitted in related
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`proceedings that are currently pending before the Patent Trial and Appeal Board:
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`• Case No. IPR2015-00884: Petition for Inter Partes Review of U.S.
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`Patent No. 8,291,904;
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`• Case No. IPR2015-00888: Petition for Inter Partes Review of U.S.
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`Patent No. 8,776,794;
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`• Case No. IPR2015-00889: Petition for Inter Partes Review of U.S.
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`2
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`Case IPR20 15-00529
`U.S. Patent No. 8,849,112
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`Patent No. 8,573,209;
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`• Case No. IPR2015-00891: Petition for Inter Partes Review of U.S.
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`Patent No. 8,573,21 0; and
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`• Case No. IPR2015-00893: Petition for Inter Partes Review of U.S.
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`Patent No. 8,776,795.
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`8.
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`I have not applied to appear pro hac vice in any other proceeding
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`before the USPTO.
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`Executed on Nove~··mb._er
`10, 2015 :ago, Illinois.
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`~·;¢#
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`Case IPR2015-00529
`U.S. Patent No. 8,849,112
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6(e), I certify that on this 12th day of
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`November, 2015, a true and correct copy of the foregoing Declaration of
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`Kenneth G. Schuler In Support of Patent Owner INO Therapeutics LLC’s
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`Motion for Pro Hac Vice Admission Under 37 C.F.R. § 42.10(c) was served by
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`electronic mail on Petitioner’s lead and backup counsel at the following email
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`addresses:
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`sanjay.murthy@klgates.com
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`sara.kerrane@klgates.com
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`michael.abernathy@klgates.com
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`margaux.nair@klgates.com
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`maria.doukas@klgates.com
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`By: /Robert Steinberg/
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`Robert Steinberg (Reg. No. 33,144)
`bob.steinberg@lw.com
`Latham & Watkins LLP
`355 South Grand Avenue
`Los Angeles, CA 90071-1560
`213.485.1234; 213.891.8763 (Fax)
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