`_____________________
`
`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 et al.
`Issue Date: January 5, 1999
`Title: Quinoline Type Mevalonolactones
`
`_____________________
`
`Inter Partes Review No.: IPR2015-01069
`
`MYLAN PHARMACEUTICALS INC.’S MOTION
`FOR PRO HAC VICE ADMISSION OF AMY D. BRODY
`
`Mail Stop "PATENT BOARD"
`Patent Trial and Appeal Board
`U.S. Patent and Trademark
`Office P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
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`I.
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`STATEMENT OF PRECISE RELIEF REQUESTED.
`Pursuant to 37 C.F.R. § 42.10 and in accordance with “Order—Authorizing
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`Motion for Pro Hac Vice Admission” in Case IPR2013-00639, Paper 7, dated
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`October 15, 2013, Petitioner, Mylan Pharmaceuticals Inc. (“Mylan”), respectfully
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`requests that the Board admit Amy D. Brody pro hac vice in this proceeding.
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`II.
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`STATEMENT OF MATERIAL FACTS.
`Pursuant to 37 C.F.R. § 42.10(c), the Board may recognize counsel pro hac
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`vice during a proceeding upon a showing of good cause, subject to the condition
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`that lead counsel be a registered practitioner and to any other conditions as the
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`Board may impose. More specifically, “where the lead counsel is a registered
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`practitioner, a motion to appear pro hac vice by counsel who is not a registered
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`practitioner may be granted upon showing that counsel is an experienced litigating
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`attorney and has an established familiarity with the subject matter at issue in the
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`proceeding.” 37 C.F.R. § 42.10(c). The facts herein, supported by the attached
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`Declaration of Amy D. Brody in Support of Mylan Pharmaceuticals Inc.’s Motion
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`for Pro Hac Vice Admission (Exhibit 1043) (“Brody Decl.”), establish good cause
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`for the Board to recognize Amy D. Brody pro hac vice during this proceeding.
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`Lead counsel, Jitendra Malik, is a registered practitioner, having USPTO
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`Registration No. 55,823.
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`Amy D. Brody is an experienced patent litigator and has an established
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`familiarity with the subject matter at issue in this proceeding. (Brody Decl. ¶¶ 1-2,
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`9). Ms. Brody is a litigation attorney, with nearly fifteen (15) years of litigation
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`experience, including over ten (10) years of patent litigation experience. (Id. ¶ 2).
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`She is a member in good standing with the Bars of the State of Illinois and the
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`District of Columbia.
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`(Id. ¶ 3). She has never been suspended, disbarred,
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`sanctioned, denied admission to practice or cited for contempt by any court or
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`administrative body. (Id. ¶¶ 4-6). Ms. Brody is familiar with the subject matter at
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`issue in this proceeding, and is actively involved in all aspects of the pending
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`district court litigation, which involves the same patent at issue in this proceeding.
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`(Id. ¶ 9).
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`Ms. Brody further satisfies the remaining conditions for admissibility
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`identified by the Board. (Brody Decl. ¶¶ 7-9).
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`III. CONCLUSION.
`For the foregoing reasons, Mylan respectfully requests that the Board admit
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`Amy D. Brody pro hac vice in this proceeding.
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`Respectfully submitted,
`ALSTON & BIRD LLP
`
`/Jitendra Malik/
`Jitendra Malik, Reg. No. 55,823
`Attorney for Petitioner
`
`Date: August 21, 2015
`ALSTON & BIRD LLP
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`3
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`
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`4721 Emperor Blvd., Suite 400
`Durham, NC 27703
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`CERTIFICATE OF SERVICE
`I hereby certify that on this 21st day of August, 2015 a copy of this Motion
`for Pro Hac Vice Admission of Amy D. Brody is being served electronically (by
`consent of the Patent Owner) on the following e-mail addresses for counsel for
`Patent Owner:
`
`David G. Conlin (Reg. No. 27,026)
`(DGConlin@mintz.com)
`MINTZ LEVIN COHN FERRIS GLOVSKY
`AND POPEO, P.C.,
`One Financial Center
`Boston, Massachusetts 02111
`
`Kathleen B. Carr (Reg. No. 41,658)
`(KBCarr@mintz.com)
`MINTZ LEVIN COHN FERRIS GLOVSKY AND
`POPEO, P.C.
`One Financial Center
`Boston, Massachusetts 02111
`
`Respectfully submitted,
`
`ALSTON & BIRD LLP
`/ Jitendra Malik/
`Jitendra Malik, Reg. No. 55,823
`Attorney for Petitioner
`
`Date: August 21, 2015
`ALSTON & BIRD LLP
`4721 Emperor Blvd., Suite 400
`Durham, NC 27703
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