`U.S. Patent No. 6,331,415
`Filed on behalf of: Sanofi Aventis U.S. LLC and Regeneron Pharmaceuticals, Inc.
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`____________________________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`____________________________________
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`SANOFI-AVENTIS U.S. LLC AND
`REGENERON PHARMACEUTICALS, INC.,
`Petitioners
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`v.
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`GENENTECH, INC. AND CITY OF HOPE,
`Patent Owners
`____________________________________
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`Case IPR2015-01624
`Patent 6,331,415
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`____________________________________
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`DECLARATION OF LISA M. FERRI IN SUPPORT OF MOTION TO
`APPEAR PRO HAC VICE ON BEHALF OF PETITIONERS SANOFI-
`AVENTIS U.S. LLC AND REGENERON PHARMACEUTICALS, INC.
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`
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`Case IPR2015-01624
`U.S. Patent No. 6,331,415
`I, Lisa M. Ferri, do hereby declare:
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`1.
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`I am a partner in the law firm of Mayer Brown LLP and the head of
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`the Intellectual Property group for the New York Office. I have over 20 years of
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`experience as a patent litigator and trial lawyer, appearing and acting as lead
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`counsel in numerous patent litigation matters before various United States District
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`Courts and the U.S. International Trade Commission. I have also appeared on
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`behalf of litigants before the U.S. Court of Appeals for the Federal Circuit,
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`including as lead counsel. See Sanofi/Regeneron Exhibit 1060. The majority of
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`these cases have been within the technical field of the pharmaceutical and chemical
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`arts.
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`2.
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`I am also an adjunct professor of law at Fordham University School of
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`Law, where I teach Patent Litigation. Subsequent to graduating from law school I
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`served as law clerk to Chief Judge Edward D. Re, U.S. Court of International
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`Trade, who sat by designation on a number of courts of appeal including the
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`Federal Circuit.
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`3.
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`I am familiar with the subject matter at issue in this proceeding,
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`specifically U.S. Patent No. 6,331,415 (“the ’415 patent”). I served as lead counsel
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`for GlaxoSmithKline, Human Genome Sciences and Bristol-Myers Squibb in
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`litigations involving the ’415 patent in Glaxo Group Ltd, et al., v. Genentech, Inc.,
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`et al., Case No. 10-cv-02764 (C.D. Cal.), Human Genome Sciences Inc. v.
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`Case IPR2015-01624
`U.S. Patent No. 6,331,415
`Genentech, Inc. et al., Case No. 2:11-cv-06594 (C.D. Cal.), and Bristol-Myers
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`Squibb Co. v. Genentech, Inc., et al., Case No. 13-cv-05400 (C.D. Cal),
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`respectively. I also currently serve as lead counsel for Sanofi Aventis U.S. LLC
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`(“Sanofi”) and Regeneron Pharmaceuticals, Inc. (“Regeneron”) in a patent
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`litigation matter entitled Sanofi Aventis U.S. LLC and Regeneron Pharmaceuticals,
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`Inc. v. Genentech, Inc. and City of Hope, Case No. 2:15-cv-05685-GW-AGR (C.D.
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`Cal.), which relates to U.S. Patent No. 7,923,221 and involves the same
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`recombinant antibody technology claimed by the challenged '415 patent. This
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`litigation was filed on July 27, 2015.
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`4.
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`Given my involvement in Glaxo Group Ltd, et al., v. Genentech, Inc.,
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`et al., Human Genome Sciences Inc. v. Genentech, Inc. et al., and Bristol-Myers
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`Squibb Co. v. Genentech, Inc., et al., I am familiar with the ’415 patent and file
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`history, the legal subject matter, technical subject matter, and prior art discussed in
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`Petitioner’s request for inter partes review of the ’415 patent, which forms the
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`basis for this proceeding.
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`5.
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`I am a member in good standing of the Bar of the State of New York
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`and the Bar of the State of New Jersey. I am admitted to practice before the United
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`States Supreme Court, the United States Court of Appeals for the Federal Circuit,
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`and several other appellate and district courts including the United States District
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`Case IPR2015-01624
`U.S. Patent No. 6,331,415
`Court for the District of New Jersey, the United States District Court for the
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`Southern District of New York, and the United States Court of International Trade.
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`6.
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`I have never been suspended, disbarred or sanctioned by any court or
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`administrative body.
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`7.
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`I have never had a court or administrative body deny my application
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`for admission to practice.
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`8.
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`I have never been sanctioned or cited for contempt by any court or
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`administrative body.
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`9.
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`I have read and will comply with the Office Patent Trial Practice
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`Guide and the Board’s Rules of Practice for Trials set forth in part 42 of 37 C.F.R.
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`10.
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`I agree to be subject to the United States Patent and Trademark Office
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`Code of Professional Responsibility set forth in 37 C.F.R. §§ 11.101 et seq. and
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`disciplinary jurisdiction under 37 C.F.R. § 11.19(a).
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`11.
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`In the past three (3) years, I have applied for and been admitted pro
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`hac vice in two inter partes review proceedings before the United States Patent and
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`Trademark Office, Ranbaxy Laboratories Ltd. et al., v. Vertex Pharmaceuticals
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`Incorporated, Case No. IPR2013-00024 (U.S. Patent No. 6,436,989) and Lupin
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`Ltd. v. Vertex Pharmaceuticals Incorporated, Case No. IPR2015-00405 (U.S.
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`Patent No. 6,436,989).
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`Case IPR2015-01624
`U.S. Patent No. 6,331,415
`I hereby declare that all statements made herein of my own knowledge are
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`true and that all statements made on information and belief are believed to be true;
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`and further that these statements are made with the knowledge that willful, false
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`statements and the like so made are punishable by fine or imprisonment, or both,
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`under Section 1001 of Title 18 of the United States Code and that such willful false
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`statements may jeopardize the validity of U.S. Patent No. 6,331,415.
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`Dated: August 31, 2015
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`By: _________________________
`Lisa M. Ferri
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