UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________________
`
`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
`_____________________
`
`
`PETITIONER’S MOTION FOR ADMISSION PRO HAC VICE OF
`RYAN J. FLETCHER UNDER 37 C.F.R. § 42.10(c)
`
`
`
`
`
`
`_____________________
`
`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
`_____________________
`
`
`PETITIONER’S MOTION FOR ADMISSION PRO HAC VICE OF
`RYAN J. FLETCHER UNDER 37 C.F.R. § 42.10(c)
`
`
`
`
`
`
`
`Case IPR2015-01776
`Patent 7,582,621
`
`RELIEF REQUESTED
`
`Under 37 C.F.R. § 42.10(c), and in accordance with the Board’s “Order –
`
`Authorizing Motion for Pro Hac Vice Admission” in case IPR2013-00639,
`
`Petitioner Coalition for Affordable Drugs X LLC, requests that the Board admit
`
`Ryan J. Fletcher pro hac vice in this proceeding.
`
`GOVERNING LAWS, RULES, AND PRECEDENT
`
`Section 42.10(c) provides the “Board may recognize counsel pro hac vice
`
`during a proceeding upon a showing of good cause, subject to the condition that
`
`lead counsel be a registered practitioner and any other conditions as the Board may
`
`impose.” The Rule provides that a motion relating to counsel who is not a
`
`recognized 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 Board’s August 27, 2015 Notice of Filing Date Accorded to Petition,
`
`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
`
`Case IPR2013-00639. On October 15, 2013, the Board issued an Order, Paper No.
`
`7, in Case IPR2013-00639 that provides the guidelines for admission under 37
`
`C.F.R. § 42.10(c). The Order incorporated changes in the rules, including the
`
`
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`1
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`Case IPR2015-01776
`Patent 7,582,621
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`publication of the Final Rule in 78 Fed. Reg. 20180 adopting new Rules of
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`Professional Conduct.
`
`The October 15, 2013 Order provides that motions for pro hac vice must
`
`“[c]ontain a statement of facts showing there is good cause for the Board to
`
`recognize counsel pro hac vice during the proceeding.” The Order further provides
`
`the motion is to be “accompanied by an affidavit or declaration of the individual
`
`seeing to appear attesting to the following:
`
`i. Membership in good standing of the Bar of at least one State or the
`
`District of Columbia;
`
`ii.
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`No suspensions or disbarments from practice before any court or
`
`administrative body;
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`iii. No application for admission to practice before any court or
`
`administrative body ever denied;
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`iv. No sanctions or contempt citations imposed by any court or
`
`administrative body;
`
`v.
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`The individual seeking to appear has read and will comply with the
`
`Office Patent Trial Practice Guide and the Board’s Rules of Practice for
`
`Trials set forth in part 42 of 37 C.F.R.;
`
`
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`2
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`Case IPR2015-01776
`Patent 7,582,621
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`vi.
`
`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
`
`jurisdiction under 37 C.F.R. § 11.19(a);
`
`vii. All other proceedings before the Office for which the individual has
`
`applied to appear pro hac vice in the last three (3) years; and
`
`viii. Familiarity with the subject matter at issue in the proceeding.”
`
`TIME OF FILING
`
`In accordance with the rules, this motion is being filed no sooner than
`
`twenty one (21) days after service of the petition.
`
`STATEMENT OF THE FACTS
`
`The following facts, supported by the attached Declaration of Ryan J.
`
`Fletcher in Support of Petitioner’s Motion for Admission Pro Hac Vice, establish
`
`good cause to recognize Dr. Fletcher pro hac vice in this proceeding.
`
`Petitioner’s lead counsel, Jeffrey D. Blake, is a registered practitioner (Reg.
`
`No. 58,884).
`
`Counsel Ryan J. Fletcher is an experienced litigating attorney. Dr. Fletcher
`
`is an associate at the law firm of Merchant & Gould P.C. Dr. Fletcher has been
`
`involved in litigation for more than seven (7) years. Fletcher Decl., ¶ 8. His
`
`experience includes representing a wide range of clients in intellectual property
`
`
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`3
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`
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`Case IPR2015-01776
`Patent 7,582,621
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`litigation. Dr. Fletcher has been litigating patent cases for the last seven (7) years.
`
`Id., ¶ 9.
`
`Dr. Fletcher has established familiarity with the subject matter at issue in
`
`this proceeding. Dr. Fletcher has worked with lead counsel in all aspects of
`
`preparing Petitioner’s Petition, the expert declaration filed in support of the
`
`Petition, and all other filings Petitioner has made. Id., ¶ 10. As such, Dr. Fletcher
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`has become familiar with U.S. Patent No. 7,582,621 (“the ’621 Patent”) and with
`
`its prosecution file history. Id. He is familiar with the prior art relied upon in
`
`Petitioner’s Petition. He is also familiar with the legal and factual arguments made
`
`by Petitioner. Id. Dr. Fletcher has worked extensively with the expert in this
`
`proceeding, which required developing a thorough understanding of the prior art as
`
`well as the patent at issue. Id.
`
`Dr. Fletcher is in good standing and admitted to practice before the Colorado
`
`State Bar, the Minnesota State Bar, the United States District Court for the Eastern
`
`District of Texas, the United States District Court for the District of Minnesota, the
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`United States District Court for the District of Colorado, and the United States
`
`Court of Appeals for the Federal Circuit. Fletcher Decl., ¶ 1.
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`Dr. Fletcher has had no suspensions or disbarments from practice before any
`
`court or administrative body. Id., ¶ 2.
`
`
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`4
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`Case IPR2015-01776
`Patent 7,582,621
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`Dr. Fletcher has never been denied application to practice before any court
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`or administrative body. Id., ¶ 3.
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`Dr. Fletcher has never been sanctioned or cited for contempt by any court or
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`administrative body. Id., ¶ 4.
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`Dr. Fletcher 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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`Dr. Fletcher 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. §§
`
`11.101 et. seq. and disciplinary jurisdiction under 37 C.F.R. § 11.19(a). Id., ¶ 6.
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`Dr. Fletcher has previously applied to appear pro hac vice before the Office
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`in proceeding No. IPR2015-01169. Id., ¶ 7. Dr. Fletcher is applying concurrently
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`to appear pro hac vice before the Office in proceeding No. IPR2015-01780 and
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`No. IPR2015-01785. Id., ¶ 7.
`
`ANALYSIS
`
`37 C.F.R. § 42.10(c) states that the “Board may recognize counsel pro hac
`
`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
`
`
`
`5
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`Case IPR2015-01776
`Patent 7,582,621
`
`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 “Order – Authorizing Motion for Pro Hac Vice Admission” in
`
`Case IPR2013-00639 clarified the requirements for a motion for pro hac vice
`
`admission under 37 C.F.R. § 42.10(c).
`
`The above-identified facts and the Fletcher Declaration establish that there is
`
`good cause to admit Dr. Fletcher pro hac vice in this proceeding under 37 C.F.R. §
`
`42.10(c). Lead counsel, Jeffrey D. Blake, is a registered practitioner. Dr. Fletcher
`
`is an attorney with over seven (7) years of patent experience. Dr. Fletcher has
`
`established familiarity with the subject matter at issue in the proceeding.
`
`Admission of Dr. Fletcher will further enable Petitioner to be effectively and
`
`efficiently represented before the Board in this proceeding. Dr. Fletcher, in turn,
`
`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
`
`admit Ryan J. Fletcher to appear pro hac vice in this proceeding.
`
`
`
`6
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`
`
`
`
` Respectfully submitted,
` MERCHANT & GOULD, P.C.
`
`
`
`
`
`
`
` /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
`
` ATTORNEYS FOR PETITIONER
`
`Case IPR2015-01776
`Patent 7,582,621
`
`
`
`
`
`Dated: November 17, 2015
`
`
`
`
`
`
`
`
`(Trial No. IPR2015-01776)
`
`
`
`7
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