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