`_____________________
`
`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
`
`
`
`I.
`
`STATEMENT OF PRECISE RELIEF REQUESTED.
`Pursuant to 37 C.F.R. § 42.10 and in accordance with “Order—Authorizing
`
`Motion for Pro Hac Vice Admission” in Case IPR2013-00639, Paper 7, dated
`
`October 15, 2013, Petitioner, Mylan Pharmaceuticals Inc. (“Mylan”), respectfully
`
`requests that the Board admit Amy D. Brody pro hac vice in this proceeding.
`
`II.
`
`STATEMENT OF MATERIAL FACTS.
`Pursuant to 37 C.F.R. § 42.10(c), the Board may recognize counsel pro hac
`
`vice during a proceeding upon a showing of good cause, subject to the condition
`
`that lead counsel be a registered practitioner and to any other conditions as the
`
`Board may impose. More specifically, “where the lead counsel is a registered
`
`practitioner, a motion to appear pro hac vice by counsel who is not a registered
`
`practitioner may be granted upon showing that counsel is an experienced litigating
`
`attorney and has an established familiarity with the subject matter at issue in the
`
`proceeding.” 37 C.F.R. § 42.10(c). The facts herein, supported by the attached
`
`Declaration of Amy D. Brody in Support of Mylan Pharmaceuticals Inc.’s Motion
`
`for Pro Hac Vice Admission (Exhibit 1043) (“Brody Decl.”), establish good cause
`
`for the Board to recognize Amy D. Brody pro hac vice during this proceeding.
`
`Lead counsel, Jitendra Malik, is a registered practitioner, having USPTO
`
`Registration No. 55,823.
`
`Amy D. Brody is an experienced patent litigator and has an established
`
`2
`
`
`
`familiarity with the subject matter at issue in this proceeding. (Brody Decl. ¶¶ 1-2,
`
`9). Ms. Brody is a litigation attorney, with nearly fifteen (15) years of litigation
`
`experience, including over ten (10) years of patent litigation experience. (Id. ¶ 2).
`
`She is a member in good standing with the Bars of the State of Illinois and the
`
`District of Columbia.
`
`(Id. ¶ 3). She has never been suspended, disbarred,
`
`sanctioned, denied admission to practice or cited for contempt by any court or
`
`administrative body. (Id. ¶¶ 4-6). Ms. Brody is familiar with the subject matter at
`
`issue in this proceeding, and is actively involved in all aspects of the pending
`
`district court litigation, which involves the same patent at issue in this proceeding.
`
`(Id. ¶ 9).
`
`Ms. Brody further satisfies the remaining conditions for admissibility
`
`identified by the Board. (Brody Decl. ¶¶ 7-9).
`
`III. CONCLUSION.
`For the foregoing reasons, Mylan respectfully requests that the Board admit
`
`Amy D. Brody pro hac vice in this proceeding.
`
`Respectfully submitted,
`ALSTON & BIRD LLP
`
`/Jitendra Malik/
`Jitendra Malik, Reg. No. 55,823
`Attorney for Petitioner
`
`Date: August 21, 2015
`ALSTON & BIRD LLP
`
`3
`
`
`
`4721 Emperor Blvd., Suite 400
`Durham, NC 27703
`
`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
`
`4
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