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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`COALITION FOR AFFORDABLE DRUGS X LLC,
`Petitioner,
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`ANACOR PHARMACEUTICALS, INC.,
`Patent Owner.
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`Case No. IPR2015—O1776
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`Patent No. 7,582,621
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`PATENT OWNER’S MOTION FOR ADMISSION PRO HAC VICE OF
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`MICHAEL N. KENNEDY UNDER 37 C.F.R. § 42.10
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`IPR20 1 5-0 l 776
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`1.
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`Relief Requested
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`Pursuant to 37 C.F.R. § 42.10, and in accordance with the Board’s Order,
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`Paper No. 7 in Case IPR2013—0O639, and the Notice of Filing Date Accorded to
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`Petition (Paper No. 4), Patent Owner requests that the Board admit Michael N.
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`Kennedy pro hac vice in this proceeding.
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`II.
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`Statement of Facts
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`37 C.F.R. §42.l0(c) states that the Board “may recognize counsel pro hoe
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`vice during a proceeding upon a showing of good cause, subject to the condition
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`that lead counsel be a registered practitioner and to any other conditions as the
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`Board may impose.
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`For example, where the lead counsel
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`is a registered
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`practitioner, a motion to appear pro hac vice by counsel who is not a registered
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`practitioner may be granted upon showing that counsel is an experienced litigating
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`attorney and has an established familiarity with the subject matter at issue in the
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`proceeding. The facts, supported by the attached Declaration of Michael N.
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`Kennedy in Support of Patent Owner’s Motion for Admission Pro Hac Vice
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`(“Kennedy Declaration”), establish good cause to admit Mr. Kennedy pro hac vice
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`in this proceeding.
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`1.
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`2.
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`Lead counsel, Andrea G. Reister, is a registered practitioner.
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`Counsel, Michael N. Kennedy,
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`is an experienced litigating attorney
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`with over ten years in private law practice. Kennedy Decl. at ‘H 9. Mr. Kennedy
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`IPR20l 5-01776
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`has served as counsel in over twenty patent infringement cases.
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`Id. Mr. Kennedy
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`is a member in good standing of the State Bar of New York and of the District of
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`Columbia Bar, with no suspensions or disbarments from practice, nor any
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`application for admission to practice denied, nor any sanctions or contempt
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`citations, and is admitted to practice in the U.S. Court of Appeals for the Eleventh
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`Circuit, the U.S. Court of Appeals for the Federal Circuit, and the U.S. District
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`Court for the Southern District of New York. Id. at W 2-5.
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`3.
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`Mr. Kennedy has familiarity with the subject matter and patent at
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`issue in this proceeding, U.S. Patent No. 7,582,621 (“the ’62l Patent”), including
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`its prosecution history, the related U.S. Patent No. 7,767,657, and the scientific
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`field to which the ’621 Patent is addressed.
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`Id. at fl 10. Over the past several
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`months, Mr. Kennedy has
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`spent
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`significant
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`time consulting with Anacor
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`Pharmaceuticals, Inc.,
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`the Patent Owner in this proceeding,
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`in developing the
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`responses to Petitioner’s invalidity challenges. Id. In particular, Mr. Kennedy was
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`involved with retaining experts and developing the strategy relating to the Patent
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`Owner Response and supporting expert declarations.
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`Id. Mr. Kennedy also spent
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`significant time working with Patent Owner’s expert declarants in this proceeding.
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`Id. All of the above activities required developing a thorough understanding of the
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`patent at issue in this proceeding, the prior art, and the relevant scientific field. Id.
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`IPR20 1 5-0 1 776
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`4.
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`Mr. Kennedy has substantial litigation experience with patents that
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`relate,
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`like the patent at
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`issue here,
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`to topical or
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`transdermal delivery of
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`pharmaceutical products.
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`Id. at fl 11. Mr. Kennedy was counsel of record for
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`Auxilium Pharmaceuticals (since acquired by Endo Pharmaceuticals) in Hatch-
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`Waxman patent litigation relating to several patents covering Auxilium’s TESTIM
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`product, which is a gel for transdermal delivery of testosterone.
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`Id. And Mr.
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`Kennedy was counsel of record for Fougera (since acquired by Sandoz) in Hatch-
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`Waxman patent
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`litigation relating to several patents
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`covering Fougera’s
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`SOLARAZE product, which is a gel for topical delivery of diclofenac sodium to
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`treat actinic keratosis. Id.
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`5.
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`Mr. Kennedy has read and will comply with the Office Patent Trial
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`Guide and the Board’s Rules for Practice for Trials set forth in Part 42 of the
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`C.F.R., and he agrees to be subject to the USPTO Rules of Professional Conduct
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`set forth in 37 C.F.R. §§ 11.100 et seq. and disciplinary jurisdiction under 37
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`C.F.R. § ll.19(a).
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`Id. at W 6-7. Mr. Kennedy has not previously applied to
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`appear pro hac vice in any other proceedings before the Office, although he is
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`contemporaneously submitting pro hac vice applications on behalf of Patent
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`Owner in the co-pending proceedings IPR2015-01780 and IPR20l5—0l7 85.
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`Id. at
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`118.
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`IPR20l 5-01776
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`III. Analysis
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`The facts contained in the Statement of Facts above, and contained in the
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`Kennedy Declaration, establish that there is good cause to admit Mr. Kennedy pro
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`hac vice in this proceeding, under 37 C.F.R. § 42.10. Lead counsel is a registered
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`practitioner, Mr. Kennedy is an experienced litigating attorney, and Mr. Kennedy
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`has an established familiarity with the subject matter at issue in this proceeding.
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`IV. Conclusion
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`For the foregoing reasons, Patent Owner respectfully requests that the Board
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`admit Michael N. Kennedy pro hac vice in this proceeding.
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`Dated: June 13, 2016
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`if \\
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`Respectfully submitted,
`/it
`By ,/ /?”:x3.a5§»éw
`Andrea G. Reist
`Registration No.: 36,253
`COVINGTON & BURLING LLP
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`
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`One CityCenter, 850 Tenth Street, NW
`Washington, DC 20001
`(202) 662-6000
`Attorneys for Patent Owner
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`CERTIFICATE OF SERVICE
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`IPR20l5-01776
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`Pursuant to 37 C.F.R. § 42.6, I hereby certify that on this 13th day of June 2016,
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`the foregoing Patent Owner’s Motion for Admission Pro Hac Vice of Michael
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`Kennedy Under 37 C.F.R. § 42.10 was served via electronic mail by agreement
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`of the parties, on the following counsel of record for petitioner.
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`Jeffrey D. Blake
`Kathleen E. Ott
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`Peter A. Gergely
`Ryan James Fletcher
`Brent E. Routman
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`Kerydin2IPR@merchantgould.c0m
`Merchant & Gould PC
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`Dated: June 13, 2016
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`Andrea G. Rejster, Esq.
`Registration No.: 36,253