`_____________________
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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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`v.
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`ANACOR PHARMACEUTICALS, INC.,
`Patent Owner.
`___________________
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`Case No.: IPR2015-01776
`Patent No.: 7,582,621
`_____________________
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`PETITIONER’S MOTION FOR ADMISSION PRO HAC VICE OF
`PETER A. GERGELY UNDER 37 C.F.R. § 42.10(c)
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`Case IPR2015-01776
`Patent 7,582,621
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`RELIEF REQUESTED
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`Under 37 C.F.R. § 42.10(c), and in accordance with the Board’s “Order –
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`Authorizing Motion for Pro Hac Vice Admission” in case IPR2013-00639,
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`Petitioner Coalition for Affordable Drugs X LLC, requests that the Board admit
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`Peter A. Gergely pro hac vice in this proceeding.
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`GOVERNING LAWS, RULES, AND PRECEDENT
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`Section 42.10(c) provides the “Board may recognize counsel pro hac vice
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`during a proceeding upon a showing of good cause, subject to the condition that
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`lead counsel be a registered practitioner and any other conditions as the Board may
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`impose.” The Rule provides that a motion relating to counsel who is not a
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`recognized practitioner “may be granted upon showing that counsel is an
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`experienced litigating attorney and has an established familiarity with the subject
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`matter at issue in the proceeding.”
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`The Board’s August 27, 2015 Notice of Filing Date Accorded to Petition,
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`Paper No. 4, authorized the parties to file motions for pro hac vice admission under
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`37 C.F.R. § 42.10(c). The Notice provided pro hac vice motions shall be filed in
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`accordance with the “Order – Authorizing Motion for Pro Hac Vice Admission” in
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`Case IPR2013-00639. On October 15, 2013, the Board issued an Order, Paper No.
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`7, in Case IPR2013-00639 that provides the guidelines for admission under 37
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`C.F.R. § 42.10(c). The Order incorporated changes in the rules, including the
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`publication of the Final Rule in 78 Fed. Reg. 20180 adopting new Rules of
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`Professional Conduct.
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`The October 15, 2013 Order provides that motions for pro hac vice must
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`“[c]ontain a statement of facts showing there is good cause for the Board to
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`recognize counsel pro hac vice during the proceeding.” The Order further provides
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`the motion is to be “accompanied by an affidavit or declaration of the individual
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`seeing to appear attesting to the following:
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`i. Membership in good standing of the Bar of at least one State or the
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`District of Columbia;
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`ii.
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`No suspensions or disbarments from practice before any court or
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`administrative body;
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`iii. No application for admission to practice before any court or
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`administrative body ever denied;
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`iv. No sanctions or contempt citations imposed by any court or
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`administrative body;
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`v.
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`The individual seeking to appear has read and will comply with the
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`Office Patent Trial Practice Guide and the Board’s Rules of Practice for
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`Trials set forth in part 42 of 37 C.F.R.;
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`vi.
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`The individual will be subject to the USPTO Rules of Professional
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`Conduct set forth in 37 C.F.R. §§ 11.101 et. seq. and disciplinary
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`jurisdiction under 37 C.F.R. § 11.19(a);
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`vii. All other proceedings before the Office for which the individual has
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`applied to appear pro hac vice in the last three (3) years; and
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`viii. Familiarity with the subject matter at issue in the proceeding.”
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`TIME OF FILING
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`In accordance with the rules, this motion is being filed no sooner than
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`twenty one (21) days after service of the petition.
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`STATEMENT OF THE FACTS
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`The following facts, supported by the attached Declaration of Peter A.
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`Gergely in Support of Petitioner’s Motion for Admission Pro Hac Vice, establish
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`good cause to recognize Mr. Gergely pro hac vice in this proceeding.
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`Petitioner’s lead counsel, Jeffrey D. Blake, is a registered practitioner (Reg.
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`No. 58,884).
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`Counsel Peter A. Gergely is an experienced litigating attorney. Mr. Gergely
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`is a partner in the law firm of Merchant & Gould P.C. Mr. Gergely has practiced
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`litigation for more than twenty-one (21) years. Gergely Decl., ¶ 8. His experience
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`includes representing a wide range of clients in intellectual property litigation. Mr.
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`Gergely has been litigating patent cases almost exclusively for the last eleven (11)
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`years. Id., ¶ 9.
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`Mr. Gergely has established familiarity with the subject matter at issue in
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`this proceeding. Mr. Gergely has worked with lead counsel in all aspects of
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`preparing Petitioner’s Petition, the expert declaration filed in support of the
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`Petition, and all other filings Petitioner has made. Id., ¶ 10. As such, Mr. Gergely
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`has become familiar with U.S. Patent No. 7,582,621 (“the ’621 Patent”) and with
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`its prosecution history. Id. He is familiar with the prior art relied upon in
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`Petitioner’s Petition. He is also familiar with the legal and factual arguments made
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`by Petitioner. Id. Mr. Gergely has worked extensively with the expert in this
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`proceeding, which required developing a thorough understanding of the prior art as
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`well as the patent at issue. Id.
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`Mr. Gergely is in good standing and admitted to practice before the
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`Colorado State Bar, the United States District Court for the District of Colorado,
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`the United States District Court for the Eastern District of Texas, the United States
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`Court of Appeals for the Federal Circuit and the United States Supreme Court.
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`Gergely Decl., ¶ 1.
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`Mr. Gergely has had no suspensions or disbarments from practice before any
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`court or administrative body. Id., ¶ 2.
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`Mr. Gergely has never been denied application to practice before any court
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`or administrative body. Id., ¶ 3.
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`Mr. Gergely has never been sanctioned or cited for contempt by any court or
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`administrative body. Id., ¶ 4.
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`Mr. Gergely has 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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`Id., ¶ 5.
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`Mr. Gergely has agreed to be subject to the United States Patent and
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`Trademark Office Rules of Professional Conduct, as set forth in 37 C.F.R. §§
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`11.101 et. seq. and disciplinary jurisdiction under 37 C.F.R. § 11.19(a). Id., ¶ 6.
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`Mr. Gergely has not previously applied for admission pro hac vice in
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`proceedings before the Office. However, Mr. Gergely is applying concurrently to
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`appear pro hac vice before the Office in proceeding No. IPR2015-01780 and No.
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`IPR2015-01785. Id., ¶ 7.
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`ANALYSIS
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`37 C.F.R. § 42.10(c) states that the “Board may recognize counsel pro hac
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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.” For example, where the lead counsel 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 “Order – Authorizing Motion for Pro Hac Vice Admission” in
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`Case IPR2013-00639 clarified the requirements for a motion for pro hac vice
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`admission under 37 C.F.R. § 42.10(c).
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`The above-identified facts and the Gergely Declaration establish that there is
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`good cause to admit Mr. Gergely pro hac vice in this proceeding under 37 C.F.R. §
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`42.10(c). Lead counsel, Jeffrey D. Blake, is a registered practitioner. Mr. Gergely
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`is an attorney with over eleven (11) years of patent experience. Mr. Gergely has
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`established familiarity with the subject matter at issue in the proceeding.
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`Admission of Mr. Gergely will further enable Petitioner to be effectively and
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`efficiently represented before the Board in this proceeding. Mr. Gergely, in turn,
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`will ensure that he follows the rules and guidelines set out by the Board.
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`CONCLUSION
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`For the reasons stated above, Petitioner respectfully requests that the Board
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`admit Peter A. Gergely to appear pro hac vice in this proceeding.
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` Respectfully submitted,
` MERCHANT & GOULD, P.C.
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` /Jeffrey D. Blake/
` Jeffrey D. Blake, Esq.
` Registration No. 58,884
` MERCHANT & GOULD P.C.
` 191 Peachtree Street N.E.
` Suite 4300
` Atlanta, GA 30303
` jblake@merchantgould.com
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` ATTORNEYS FOR PETITIONER
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`Case IPR2015-01776
`Patent 7,582,621
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`Dated: November 17, 2015
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`(Trial No. IPR2015-01776)
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