`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`Mylan Pharmaceuticals Inc., Petitioner
`
`V.
`
`Nissan Chemical Industries Ltd.
`
`Patent Owner
`
`U.S. Patent No. 5,856,336 to Fujikawa er al.
`Issue Date: January 5, 1999
`Title: Quinoline Type Mevalonolactones
`
`Inter Partes Review No.: IPR2015-01069
`
`DECLARATION OF THOMAS R. BURNS IN SUPPORT OF
`
`MYLAN PHARMACEUTICALS INC.’S MOTION
`
`FOR PRO HAC VICE ADMISSION (EXHIBIT 1044)
`
`Mail Stop "PATENT BOARD "
`Patent Trial and Appeal Board U.S.
`Patent and Trademark Office P.O.
`
`Box 1450
`
`Alexandria, VA 223 13- 1450
`
`
`
`Mylan Pharmaceuticals Inc.
`Exhibit 1044, Page 2
`Case IPR20l5-01069
`
`1, Thomas R. Burns, declare as follows:
`
`1.
`
`I am an attorney licensed to practice law in the State of New York and
`
`I am an associate with the law firm of Rakoczy Molino Mazzochi Siwik LLP, 6
`
`West Hubbard Street, Suite 500, Chicago, Illinois 60654.
`
`2.
`
`I am an experienced litigator, with over nine (9) years of patent
`
`litigation experience.
`
`I have represented clients in numerous patent infringement
`
`actions in various technical areas relating to the chemical and pharmaceutical arts.
`
`3.
`
`I am a member in good standing of the Bar of the State of New York
`
`(2006).
`
`4.
`
`I have never been suspended or disbarred from practice before
`
`any court or administrative body.
`
`5.
`
`I have never been denied admission to practice before any court
`
`or administrative body.
`
`6.
`
`I have never been subject to sanctions or contempt citations imposed
`
`by any court or administrative body.
`
`7.
`
`I have read and will comply with Office Patent Trial Practice Guide
`
`and the Board’s Rules of Practice for Trials, as set forth in title 37, part 42 of the
`
`Code of Federal Regulations (C.F.R.).
`
`8.
`
`I
`
`I agree to be subject to the United States Patent and Trademark Office
`
`
`
`Mylan Pharmaceuticals Inc.
`Exhibit 1044, Page 3
`Case IPR20l5-01069
`
`to disciplinary jurisdiction under 37 C.F.R.§ l1.19(a).
`
`I have not appeared pro
`
`hac vice in any proceedings before the United States Patent and Trademark Office
`
`in the past three (3) years.
`
`9.
`
`I have an established familiarity with the subject matter at issue in the
`
`current proceeding, IPR20l5—Ol069. Specifically, I have reviewed the challenged
`
`patent, the Petition, the accompanying exhibits and the Preliminary Response
`
`(With accompanying exhibits) to the Petition.
`
`I represent Mylan Pharmaceuticals
`
`Inc. (“Mylan”) in the underlying district court litigation, which involves claims of
`
`non-infringement and invalidity of the patent—at—issue in this Inter Partes Review
`
`(“IPR”). See Kowa Company, Ltd. er al v. Mylan, Inc. et al., Civil Action No.
`
`1:14-cv—O2647-PAC (S.D.N.Y. filed Apr. 14, 2014).
`
`I am involved in all aspects
`
`of that pending district court litigation. As a result of my representation of Mylan,
`
`I have acquired substantial understanding of the technology relevant to this IPR.
`
`
`
`Mylan Pharmaceuticals Inc.
`Exhibit 1044, Page 4
`Case IPR2015-01069
`
`I, THOMAS R. BURNS, hereby declare, under penalty of perjury under 28
`
`U.S.C. § 1746 and the laws of the United States of America, that the foregoing
`
`Declaration is true and correct.
`
`Dated: August 19, 2015
`
`Respectfully submitted,
`
`/
`([1fir<>§/
`
`€g~»—/
`
`Thomas R. Burns
`
`(tbums@rrnmslegal.com)
`RAKOCZY lV1OLINO MAZZOCHI SIWIK LLP
`
`6 West Hubbard Street, Suite 500
`Chicago, Illinois 60654
`(312) 222-7540 (telephone)
`(312) 222-7541 (facsimile)
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