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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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`MYLAN PHARMACEUTICALS INC.,
`WOCKHARDT BIO AG,
`TEVA PHARMACEUTICALS USA, INC.,
`AUROBINDO PHARMA U.S.A., INC.,
`Petitioners,
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`v.
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`ASTRAZENECA AB,
`Patent Owner.
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`
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`Case: IPR2015-013401
`U.S. Patent No. RE44,186
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`ASTRAZENECA’S UNOPPOSED MOTION FOR
`PRO HAC VICE ADMISSION OF NICOLE A. CONLON, PH.D.
`UNDER 37 C.F.R. § 42.10(c)
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`1 Petitioner Wockhardt from IPR2016-01029, Petitioner Teva from IPR2016-
`01122, and Petitioner Aurobindo from IPR2016-01117 have been added as
`Petitioners to this proceeding.
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`I.
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`STATEMENT OF PRECISE RELIEF REQUESTED
`Pursuant to 37 C.F.R. § 42.10(c) authorizing motions for pro hac vice
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`admission of back-up counsel, Patent Owner AstraZeneca AB requests that the
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`Patent Trial and Appeal Board (the “Board”) admit Nicole A. Conlon, Ph.D., pro
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`hac vice in this proceeding, IPR2015-01340, for the limited purpose of taking an
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`expert deposition in this proceeding.
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`II.
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`STATEMENT OF FACTS SHOWING GOOD CAUSE FOR THE
`BOARD TO RECOGNIZE BACK-UP COUNSEL PRO HAC VICE
`DURING THE PROCEEDING
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`In accordance with 37 C.F.R. § 42.10(c), the Board may recognize counsel
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`pro hac vice subject to the condition that lead counsel be a registered practitioner
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`and to any other conditions that the Board may impose. Section 42.10(c) provides
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`that “where the lead counsel is a registered practitioner, a motion to appear pro hac
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`vice by counsel who is not a registered practitioner may be granted upon showing
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`that counsel is an experienced litigating attorney and has an established familiarity
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`with the subject matter at issue in the proceeding.” See also Unified Patents v.
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`Parallel Iron, IPR2013-00639, Paper 7 (Oct. 15, 2013). The following facts
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`establish good cause for the Board to recognize Nicole A. Conlon, Ph.D., pro hac
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`vice in this proceeding:
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`1.
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`As an associate with Finnegan, Henderson, Farabow, Garrett &
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`Dunner, LLP, Dr. Conlon is an experienced litigator, and has established
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`familiarity with the subject matter at issue in this proceeding from her participation
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`in co-pending litigation involving the subject patent. Specifically, U.S. Patent No.
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`RE44,186 is currently asserted by Patent Owner AstraZeneca AB in co-pending
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`litigation, in the District of Delaware, AtraZeneca AB v. Aurobindo Pharma Ltd., et
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`al., 14-cv-00664 (D. Del. 2014) (“the co-pending litigation”). Dr. Conlon is a
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`member of the Virginia Bar in good standing, has been representing the Patent
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`Owner in the co-pending litigation and has been actively involved in the case. Dr.
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`Conlon has not applied to appear pro hac vice in any other Board, or United States
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`Patent and Trademark Office (“USPTO”) proceeding, over the last three years.
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`2.
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`As part of her participation in the co-pending litigation involving the
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`subject patent, Dr. Conlon has become intimately familiar with the clinical issues
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`in this proceeding. She worked with AstraZeneca’s clinical expert, Dr. Lenhard,
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`and second-chaired his deposition. She also second-chaired the deposition of
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`Defendants’ clinical expert, Dr. Tobin, in the co-pending litigation. As Patent
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`Owner’s remaining counsel of record, who are knowledgeable of the clinical issues
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`in the case, are unavailable for the one day that Petitioners’ clinical expert, Dr.
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`Tanenberg, is available for a deposition, Patent Owner wishes to apply Dr.
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`Conlon’s knowledge as counsel in that deposition in this proceeding. Admission
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`of Dr. Conlon pro hac vice will enable Patent Owner to avoid unnecessary expense
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`and duplication of work between this proceeding and the co-pending litigation.
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`2
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`3.
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`Patent Owner’s lead counsel, Charlie Lipsey, is a registered
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`practitioner and Dr. Conlon is an experienced litigation attorney having established
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`familiarity with the subject matter at issue in this proceeding. Therefore, Patent
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`Owner respectfully submits that there is good cause for the Board to recognize Dr.
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`Conlon as counsel pro hac vice during this proceeding.
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`4.
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`This Motion for Pro Hac Vice Admission is supported by a
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`Declaration of Dr. Conlon (Exhibit 2217).
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`5.
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`Counsel for Petitioners do not oppose Dr. Conlon appearing pro hac
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`vice during this proceeding for the limited purpose of taking a deposition of
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`Petitioners’ clinical expert, Dr. Tanenberg.
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`III. CONCLUSION
`For the foregoing reasons, Patent Owner respectfully requests that the Board
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`admit Nicole A. Conlon, Ph.D., pro hac vice in this proceeding.
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`Dated: November 18, 2016
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`Respectfully submitted,
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` By: /Anthony A. Hartmann/
`Anthony A. Hartmann,
`Reg. No. 43,662
`Finnegan, Henderson, Farabow, Garrett
`& Dunner, L.L.P.
`901 New York Avenue, NW
`Washington DC 20001
`(202) 408-4000
`
`Counsel for Patent Owner in
`IPR2015-01340
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`3
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`CERTIFICATE OF SERVICE
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`The undersigned certifies that copies of the foregoing PATENT OWNER
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`ASTRAZENECA AB’S UNOPPOSED MOTION FOR PRO HAC VICE
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`ADMISSION OF NICOLE A. CONLON, PH.D. UNDER 37 C.F.R. § 42.10(c)
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`and AstraZeneca Exhibit 2217 were served electronically via e-mail on
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`November 18, 2016, in its entirety to the following:
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`Counsel for Petitioner Mylan Pharmaceuticals Inc.:
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`Counsel for Petitioner Wockhardt BIO AG.:
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`Counsel for Petitioner Teva Pharmaceuticals U.S.A., Inc..:
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`Steven W. Parmelee
`sparmelee@wsgr.com
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`Richard Torczon
`rtorczon@wsgr.com
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`Jad A. Mills
`jmills@wsgr.com
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`Douglas H. Carsten
`dcarsten@wsgr.com
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`Patrick Gallagher
`PCGallagher@duanemorris.com
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`Gary Speier
`gspeier@carlsoncaspers.com
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`Iain McIntyre
`imcintyre@carlsoncaspers.com
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`Counsel for Petitioner Aurobindo Pharma U.S.A., Inc..:
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`Dated: November 18, 2016
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`Sailesh K. Patel
`SPatel@schiffhardin.com
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`George Yu
`GYu@schiffhardin.com
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`By: /Lauren K. Young/
`Lauren K. Young
`Litigation Legal Assistant
`FINNEGAN, HENDERSON, FARABOW,
`GARRETT & DUNNER, L.L.P.
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`5
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