`_____________________
`
`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 DEEPRO R. MUKERJEE
`
`1
`
`
`
`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. (“MPI”), respectfully
`
`requests that the Board admit Deepro R. Mukerjee 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 Deepro R. Mukerjee in Support of Mylan Pharmaceuticals Inc.’s
`
`Motion for Pro Hac Vice Admission (Exhibit 1046) (“Mukerjee Decl.”), establish
`
`good cause for the Board to recognize Deepro R. Mukerjee pro hac vice during this
`
`proceeding.
`
`Lead counsel, Jitendra Malik, is a registered practitioner, having USPTO
`
`Registration No. 55,823.
`
`2
`
`
`
`Deepro R. Mukerjee is an experienced patent litigator and has an established
`
`familiarity with the subject matter at issue in this proceeding. Mukerjee Decl. ¶ 9.
`
`Mr. Mukerjee is a litigation attorney, with more than 14 years of patent litigation
`
`experience. Id. ¶ 2. He is a member in good standing with the Bar of the State of
`
`New York.
`
`Id. ¶ 3. He has never been suspended, disbarred, sanctioned, denied
`
`admission to practice or cited for contempt by any court or administrative body.
`
`Id. ¶¶ 4-6. Mr. Mukerjee is familiar with the subject matter at issue in this
`
`proceeding. Id. ¶ 9.
`
`Mr. Mukerjee further satisfies the remaining conditions for admissibility
`
`identified by the Board. Id. ¶¶ 7-8.
`
`III. CONCLUSION.
`For the foregoing reasons, Mylan respectfully requests that the Board admit
`
`Deepro R. Mukerjee pro hac vice in this proceeding.
`
`Respectfully submitted,
`ALSTON & BIRD LLP
`
`/Jitendra Malik/
`Jitendra Malik, Reg. No. 55,823
`Attorney for Petitioner
`
`Date: September 2, 2015
`ALSTON & BIRD LLP
`4721 Emperor Blvd., Suite 400
`Durham, NC 27703
`
`3
`
`
`
`Exhibit
`
`1046
`
`EXHIBIT LIST
`
`Reference
`
`Declaration of Deepro R. Mukerjee in Support of
`Mylan Pharmaceuticals Inc’s Motion for Pro Hac
`Vice Admission
`
`4
`
`
`
`CERTIFICATE OF SERVICE
`I hereby certify that on this second day of September, 2015 a copy of this
`Motion for Pro Hac Vice Admission of Deepro R. Mukerjee, Exhibit List and the
`Declaration of Deepro R. Mukerjee in Support of Mylan Pharmaceuticals Inc.’s
`Motion for Pro Hac Vice Admission 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: September 2, 2015
`ALSTON & BIRD LLP
`4721 Emperor Blvd., Suite 400
`Durham, NC 27703
`
`5
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
