`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`COALITION FOR AFFORDABLE DRUGS X LLC,
`Petitioner,
`
`v.
`
`ANACOR PHARMACEUTICALS, INC.,
`Patent Owner.
`
`Case No. IPR2015-01776
`Patent No. 7,582,621
`
`
`
`
`
`
`
`DECLARATION OF MICHAEL N. KENNEDY IN SUPPORT OF PATENT
`OWNER’S MOTION FOR ADMISSION PRO HAC VICE OF MICHAEL N.
`KENNEDY UNDER 37 C.F.R. § 42.10
`
`
`
`
`
`
`
`
`CFAD v. Anacor, IPR2015-01776 ANACOR EX. 2203 - 1/4
`
`
`
`IPR2015-01776
`
`
`
`
`I, Michael N. Kennedy, declare as follows:
`
`1.
`
`2.
`
`I am a partner in the law firm Covington & Burling LLP.
`
`I am a member in good standing of the New York State Bar (admitted
`
`2006) and the District of Columbia Bar (2009), as well as the following federal
`
`Courts: U.S. District Court for the Southern District of New York (2008); U.S.
`
`Court of Appeals for the Federal Circuit (2010); and U.S. Court of Appeals for the
`
`Eleventh Circuit (2013).
`
`3.
`
`I have never been suspended or disbarred from practice before any
`
`court or administrative body.
`
`4.
`
`I have never had an application for admission to practice before any
`
`court or administrative body denied.
`
`5.
`
`I have had no sanctions or contempt citations imposed against me by
`
`any court or administrative body.
`
`6.
`
`I have read and will comply with the Office Patent Trial Guide and
`
`the Board’s Rules for Practice for Trials set forth in part 42 of the Code of Federal
`
`Regulations.
`
`7.
`
`I agree to be subject to the USPTO Rules of Professional Conduct set
`
`forth in 37 C.F.R. §§ 11.100 et seq. and disciplinary jurisdiction under 37 C.F.R.
`
`§ 11.19(a).
`
`1
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`CFAD v. Anacor, IPR2015-01776 ANACOR EX. 2203 - 2/4
`
`
`
`IPR2015-01776
`
`
`8.
`
`I have not previously applied to appear pro hac vice in any other
`
`proceedings before the Office, although I am contemporaneously submitting pro
`
`hac vice applications on behalf of Patent Owner in the co-pending proceedings
`
`IPR2015-01780 and IPR2015-01785.
`
`9.
`
`I am an experienced litigating attorney with over ten years in private
`
`law practice, and substantial experience with bench trials, jury trials, and Markman
`
`hearings. I have been counsel in over twenty patent infringement matters,
`
`including cases pending in various district courts across the country, the Federal
`
`Circuit, and the International Trade Commission. I have been admitted to practice
`
`before the Federal Circuit since 2010.
`
`10.
`
`I am familiar with the subject matter and U.S. Patent No. 7,582,621
`
`(“the ’621 Patent”) at issue in this proceeding, including its prosecution history, the
`
`related U.S. Patent No. 7,767,657, and the scientific field to which the ’621 Patent
`
`is addressed. Over the past several months, I have spent significant time advising
`
`Anacor Pharmaceuticals, Inc., the Patent Owner in this proceeding, in developing
`
`the responses to Petitioner’s invalidity challenges. In particular, I was involved
`
`with retaining experts and developing the strategy relating to the Patent Owner
`
`Response and supporting expert declarations. I have also spent significant time
`
`working with Patent Owner’s expert declarants in this proceeding. All of the
`
`2
`
`CFAD v. Anacor, IPR2015-01776 ANACOR EX. 2203 - 3/4
`
`
`
`IPR2015—O1776
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`above activities required developing a thorough understanding of the patent at
`
`issue in this proceeding, the prior art, and the relevant scientific field.
`
`11.
`
`I also have substantial experience litigating patents that relate, like the
`
`patent at issue in this proceeding, to topical or transdermal delivery of
`
`pharmaceutical products. Specifically, I was counsel of record for Auxilium
`
`Pharmaceuticals (since acquired by Endo Pharmaceuticals) in Hatch—Waxman
`
`patent litigation relating to several patents covering Auxilium’s TESTIM product,
`
`which is a gel for transdermal delivery of testosterone.
`
`I was counsel of record for
`
`Fougera (since acquired by Sandoz) in Hatch-Waxman patent litigation relating to
`
`several patents covering Fougera’s SOLARAZE product, which is a gel for topical
`
`delivery of diclofenac sodium to treat actinic keratosis.
`
`12.
`
`I hereby declare that all statements made herein of my own
`
`knowledge are true and that all statements made on information and belief are
`
`believed to be true; and further that these statements are made with the knowledge
`
`that willful false statements and the like so made are punishable by fine or
`
`imprisonment, or both, under Section 1001 of Tit -.
`
`Dated: June E2, 2016
`
`
`
`at
`
`Nnnedy
`ington & Burling LLP
`One CityCenter
`850 Tenth Street, NW
`
`Washington, DC 20001
`(202) 662-6000
`
`3
`
`CFAD v. Anacor, IPR2015—O1776 ANACOR EX. 2203 - 4/4
`
`CFAD v. Anacor, IPR2015-01776 ANACOR EX. 2203 - 4/4
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