`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`MYLAN PHARMACEUTICALS INC.
`
`Petitioner
`
`v.
`
`YEDA RESEARCH AND DEVELOPMENT CO. LTD.
`
`Patent Owner
`
`Case No. IPR2015-00644
`
`Patent No. 8,399,413
`
`DECLARATION OF JOHN T. BENNETT IN SUPPORT OF PATENT
`OWNER’S MOTION FOR PRO HAC VICE ADMISSION OF JOHN T.
`BENNETT UNDER 37 C.F.R. § 42.10(c)
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`YEDA EXHIBIT NO. 2136
`MYLAN PHARM. v YEDA
`IPR2015-00644
`
`
`
`Case No. IPR2015-00644
`
`I, John T. Bennett, declare as follows:
`
`1.
`
`I obtained a B.A. from Dartmouth College in 1996, and a J.D. from
`
`Boston College Law School in 2000.
`
`2.
`
`I am currently a partner in the law firm of Goodwin Procter LLP, a
`
`position which I have held since 2008. Prior to that, I was an associate at the law
`
`firm of Palmer & Dodge. In my 15 years of practice, I have focused primarily on
`
`representing clients in patent litigations involving the chemical arts in United
`
`States district courts and the Court of Appeals for the Federal Circuit. Through
`
`this work, I have gained extensive experience as a litigating attorney, particularly
`
`in patent cases.
`
`3.
`
`I am a member in good standing of the Bar of the State of
`
`Massachusetts and am admitted to practice before the United States District Court
`
`for the District of Massachusetts, the United States Court of Appeals for the Fifth
`
`Circuit, the United States Court of Appeals for the Tenth Circuit, and the United
`
`States Court of Appeals for the Federal Circuit.
`
`4.
`
`Concurrently with this application, I am applying to appear pro hac
`
`vice in IPR2015-00643 and IPR2015-00830. I have not applied to appear pro hac
`
`vice in any other proceeding before the Office in the last three years.
`
`5.
`
`I have represented Teva generally in litigating a number of
`
`pharmaceutical patent cases, including as:
`
`
`
`
`D1
`
`YEDA EXHIBIT NO. 2136
`MYLAN PHARM. v YEDA
`IPR2015-00644
`
`
`
`Case No. IPR2015-00644
`
`a. trial counsel in Teva Neuroscience, Inc., et al. v. Apotex Corp., et al., Case
`
`No. 2:11-cv-03076-CCC-JBC in the U.S. District Court for the District of New
`
`Jersey.
`
`b. trial and appellate counsel in Novartis Pharmaceuticals Corp., et al. v. Teva
`
`Pharmaceuticals USA, Inc., Case No. 05-cv-1887-DMC in the U.S. District
`
`Court for the District of New Jersey.
`
`c. trial and appellate counsel in Aventis Pharma S.A., et al. v. Amphastar
`
`Pharmaceuticals, Inc. and Teva Pharmaceuticals USA, Inc., Case No. 5:03-cv-
`
`00887-MRP-PLA, in the U.S. District Court for the Central District of
`
`California.
`
`6.
`
`I have been litigating issues relating to Copaxone and/or GA for more
`
`than 6 years.
`
`7.
`
`I have represented Teva generally in litigating a number of cases
`
`related to GA/Copolymer 1, as well as the Copaxone 20mg product, including as:
`
`a. trial and appellate counsel in Teva Pharmaceuticals USA, Inc. et al v. Mylan
`
`Pharmaceuticals Inc. et al., Case No. 1:09-cv-08824-WHP in the U.S. District
`
`Court for the Southern District of New York.
`
`b. trial and appellate counsel in Teva Pharmaceuticals USA, Inc. et al v. Mylan
`
`Pharmaceuticals Inc. et al., Case No. 1:10-cv-07246-KBF in the U.S. District
`
`Court for the Southern District of New York.
`
`
`
`
`D2
`
`YEDA EXHIBIT NO. 2136
`MYLAN PHARM. v YEDA
`IPR2015-00644
`
`
`
`Case No. IPR2015-00644
`
`8.
`
`I have substantial familiarity with the subject matter at issue in this
`
`proceeding. Patent Owner has asserted U.S. Patent No. 8,399,413 (“the ’413
`
`patent”), the patent at issue in this proceeding, against Petitioner and several other
`
`defendants in Teva Pharmaceuticals USA, Inc. et al. v. Mylan Pharmaceuticals
`
`Inc. et al., Civil Action No. 1:14-cv-01278-GMS in the U.S. District Court for the
`
`District of Delaware (consolidated as In re Copaxone 40 MG Consolidated Cases,
`
`Case No. 1:14-cv-01171-GMS (D. Del.)). I serve as litigation counsel for Teva
`
`Pharmaceuticals USA, Inc., Teva Pharmaceutical Industries Ltd., Teva
`
`Neuroscience, Inc. and Yeda Research and Development Co., Ltd., in that
`
`litigation, as well as in Teva Pharmaceuticals USA, Inc. et al. v. Mylan
`
`Pharmaceuticals Inc. et al., Civil Action No. 1:14-cv-00167-IMK in the U.S.
`
`District Court for the Northern District of West Virginia. In the course of these
`
`proceedings, I have developed a strong familiarity with the ’413 patent, its
`
`prosecution history, the general subject matter to which the ’413 patent is directed,
`
`and the prior art references relied upon by Petitioner in support of its invalidity
`
`grounds in this proceeding. Furthermore, I have thoroughly reviewed the Petition
`
`and accompanying Exhibits submitted in this proceeding.
`
`9.
`
`I have never been suspended or disbarred from practice before any
`
`court or administrative body.
`
`
`
`
`D3
`
`YEDA EXHIBIT NO. 2136
`MYLAN PHARM. v YEDA
`IPR2015-00644
`
`
`
`Case No. IPR2015-00644
`
`10.
`
`I have never had an application for admission to practice before any
`
`court or administrative body denied.
`
`11.
`
`I have never been subject to any sanction or contempt citation
`
`imposed by any court or administrative body.
`
`12.
`
`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 37 C.F.R.
`
`13.
`
`I agree to be subject to the USPTO Rules of Professional Conduct set
`
`forth in 37 C.F.R. §§ 11.101 et. seq. and disciplinary jurisdiction under 37 C.F.R. §
`
`11.19(a).
`
`14.
`
`I declare under penalty of perjury that the foregoing is true and
`
`correct. I further declare that all statements made herein of my own knowledge are
`
`true and that all statements made on information and belief are believed to be true;
`
`and further that these statements were made with the knowledge that willful false
`
`statements and the like so made are punishable by fine or imprisonment, or both,
`
`under section 1001 of title 18 of the United States Code, and that such willful false
`
`statements may jeopardize the validity of the application or any patent issued
`
`thereon.
`
`Executed on: December 10, 2015
`
`/John T. Bennett/
`John T. Bennett
`
`
`
`
`
`
`D4
`
`YEDA EXHIBIT NO. 2136
`MYLAN PHARM. v YEDA
`IPR2015-00644