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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`PAR PHARMACEUTICAL, INC.,
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`Petitioner,
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`v.
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`NOVARTIS AG,
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`Patent Owner.
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`Case IPR2016-00084
`Patent No. 5,665,772
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`DECLARATION IN SUPPORT OF PATENT OWNER NOVARTIS’S
`MOTION FOR PRO HAC VICE ADMISSION OF CHRISTINA SCHWARZ
`UNDER 37 C.F.R. § 42.10
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`NOVARTIS EXHIBIT 2088
`Par v Novartis, IPR 2016-00084
`Page 1 of 5
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`1.
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`I, Christina Schwarz, am more than twenty-one years of age, am
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`competent to present this declaration, and have personal knowledge of the facts
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`set forth herein.
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`2.
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`This declaration is given in support of Patent Owner Novartis’s
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`Motion for Pro Hac Vice Admission.
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`3.
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`I am a partner at the law firm of Fitzpatrick, Cella, Harper &
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`Scinto, in the firm’s New York office.
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`4.
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`I have been a patent litigation attorney for more than eight years. I
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`have been litigating patent cases for this entire time period and have been
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`involved in numerous cases involving patent validity and infringement, at both
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`the District Court and the Federal Circuit. I have also been involved in inter
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`partes review proceedings and patent interference proceedings before the Board.
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`A significant portion of my work has involved biological and chemical arts,
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`with particular emphasis on pharmaceuticals. I am, therefore, an experienced
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`litigating attorney.
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`5.
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`I am a member in good standing of the State Bar of New York and
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`the Province of Ontario. I have never been suspended or disbarred from practice
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`before any court or administrative body.
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`NOVARTIS EXHIBIT 2088
`Par v Novartis, IPR 2016-00084
`Page 2 of 5
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`6.
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`No court or administrative body has ever denied my application for
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`admission to practice before it.
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`7.
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`No court or administrative body has ever imposed sanctions or
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`contempt citations on me.
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`8.
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`I have 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
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`C.F.R.
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`9.
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`I understand that I will be subject to the Office’s Rules of
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`Professional 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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`10.
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`I have applied to appear pro hac vice in three other proceedings
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`before the Office in the last three (3) years. In BioMarin Pharm. Inc. v.
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`Genzyme Therapeutic Prods. Ltd. P’ship, Inter Partes Reviews 2013-00534 and
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`2013-00537, I sought and was granted permission to appear pro hac vice as
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`back-up counsel. In Patent Interference 105,871 (DK), I sought and was
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`granted pro hac vice admission for the purpose of both taking and defending
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`depositions in the priority phase of the interference.
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`NOVARTIS EXHIBIT 2088
`Par v Novartis, IPR 2016-00084
`Page 3 of 5
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`11.
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`I have an established familiarity with the subject matter at issue in
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`this proceeding. I have been involved consistently and substantively in the
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`instant matter for over seven (7) months and have been involved consistently
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`and substantively in District Court litigation involving the same patent for over
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`two (2) years. I have read in detail and understand the Petition filed by
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`Petitioner and the challenged patent, U.S. Patent 5,665,772 (“the ’772 patent”).
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`I have also reviewed in detail all the exhibits relied upon by Petitioner in this
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`proceeding, including Ex 1005 (Morris, “Rapamycins: Antifungal, Antitumor,
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`Antiproliferative, and Immunosuppressive Macrolides,” Transplant. Rev., 6:39-
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`87 (1992)); Ex 1006 (Van Duyne, et al., “Atomic Structure of the Rapamycin
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`Human Immunophilin FKBP-12 Complex ,” J. Am. Chem. Soc’y, 113:7433-35
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`(1991) ); Ex 1007 (Yalkowsky, “Estimation of Entropies of Fusion of Organic
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`Compounds ” Indus. Eng’g Chem. Fundam., 18:108-11 (1979)); Ex 1008
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`(Lemke, “Chapter 16: Predicting Water Solubility,” Review of Organic
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`Functional Groups, 113-21 (2nd ed. 1988)); Ex 1009 (Hughes et al., U.S. Patent
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`No. 5,233,036 (issued Aug. 3, 1993)); and Ex 1024 (Rossmann, et al., “Three-
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`Dimensional Coordinates from Stereodiagrams of Molecular Structures,” Acta
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`Cryst., B36:819-23 (1980)).
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`NOVARTIS EXHIBIT 2088
`Par v Novartis, IPR 2016-00084
`Page 4 of 5
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`12.
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`I have engaged in extensive strategic and substantive discussions
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`regarding this proceeding with Nicholas N. Kallas, who is the lead counsel for
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`Patent Owner in this proceeding and a registered practitioner (Reg. No. 32,530).
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`I have also engaged in extensive substantive discussions with experts
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`concerning issues relevant to this proceeding.
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`13.
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`Therefore, I have an established familiarity with the subject matter
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`at issue in this proceeding.
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`14.
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`I declare further that all statements made herein of my own
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`knowledge are true and that all statements made on information and belief are
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`believed to be true and further that these statements were made with the
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`knowledge that willful false statements and the like so made are punishable by
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`fine or imprisonment, or both, under Section 1001 of Title 18 of the United
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`States Code, and that such willful false statements may jeopardize the validity
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`of the ’772 patent.
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`Dated: June 3, 2016
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`--
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`Christina Sclimrz
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`NOVARTIS EXHIBIT 2088
`Par v Novartis, IPR 2016-00084
`Page 5 of 5
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