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`Filed on behalf of: INO Therapeutics, LLC
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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
`
`v.
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`INO THERAPEUTICS LLC,
`Patent Owner
`_______________________
`
`Case IPR2015-00884
`U.S. Patent No. 8,291,904 B2
`_______________________
`
`Before KEN B. BARRETT, MICHAEL J. FITZPATRICK, AND
`SCOTT A. DANIELS, Administrative Patent Judges.
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`
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`DECLARATION OF DAVID K. CALLAHAN 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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`
`
`
`
`
`
`Ex. 2004-0001
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`
`
`Case IPR2015-00884
`U.S. Patent No. 8,291,904
`
`I, David K. Callahan, resident of Chicago, 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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`6206671) and the District of Columbia Bar (Bar No. 494657). I am also admitted
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`to practice before the U.S. District Courts for the District of Colorado, Eastern
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`District of Michigan, Eastern District of Texas, Northern District of California,
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`Northern District of Illinois (General and Trial Bars), Southern District of Indiana,
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`and Western District of Wisconsin, the U.S. Courts of Appeals for the Fourth,
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`Fifth, Seventh, Ninth, and Federal Circuits, and the U.S. Supreme Court.
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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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`1
`
`Ex. 2004-0002
`
`
`
`Case IPR2015-00884
`U.S. Patent No. 8,291,904
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`37 C.F.R. § 11.19(a).
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`5.
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`I received an A.B. in Political Science with honors from the
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`University of Chicago in 1987 and a law degree from the University of Michigan
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`Law School in 1991. After graduating law school, I joined Kirkland & Ellis LLP
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`and was elected into the partnership in October 1997. I joined Latham & Watkins
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`LLP in April 2014.
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`6.
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`I have over twenty years of experience litigating intellectual property
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`matters, have tried numerous bench and jury trials, and have argued many appeals
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`before the Federal and Seventh Circuit Courts of Appeals. I am a member of
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`Latham & Watkins’ intellectual property group and my practice focuses on
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`complex litigation in the areas of patent, trademark, trade secret, false advertising,
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`and unfair competition. In 2014, BTI named me a “Client Service All-Star” and IP
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`Law and Business named me one of the “Top 50 Under 45” IP lawyers in the
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`country. I am also included in The International Who’s Who of Business Lawyers
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`2011-2014 in the area of patents.
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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. IPR2015-00529: Petition for Inter Partes Review of U.S.
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`2
`
`Ex. 2004-0003
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`
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`Case IPR2015-00884
`U.S. Patent No. 8,291,904
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`Patent No. 8,846,112;
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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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`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. 8,573,210; 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 applied for and been granted pro hac vice admission in Case
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`No. IPR2015-00529. I am concurrently applying to appear pro hac vice in the
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`following proceedings: Case Nos. IPR2015-00888, IPR2015-00889, IPR2015-
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`00891, and IPR2015-00893.
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`Executed on November Z ~ 2015 in Chicago, Illinois.
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`'k_.c:~· -
`D
`David K. Callahan
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`3
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`Ex. 2004-0004