`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`SANDOZ INC.,
`
`Petitioner
`
`v.
`
`ELI LILLY AND COMPANY,
`
`Patent Owner
`
`U.S. Patent 7,772,209 to Niyikiza
`Issued Date: Aug. 10, 2010
`Title: Antifolate Combination Therapies
`
`Inter Partes Review No. 2016-00318
`
`DECLARATION OF LAURA A. LYDIGSEN IN SUPPORT OF
`PETITIONER'S MOTION TO ADMIT PRO HACVICE
`LAURA A. LYDIGSEN AS BACKUP COUNSEL
`
`Sandoz Inc.
`IPR2016-00318
`Sandoz v. Eli Lilly
`Exhibit 1055-00001
`
`
`
`I, Laura A. Lydigsen, declare as follows:
`
`1.
`
`I am an experienced litigating attorney and a shareholder at the law
`
`firm of Brinks Gilson & Li one with approximately 10 years of experience, with a
`
`substantial portion of my practice consisting of litigating patent cases. As an
`
`example, I am currently counsel in the patent litigation matter Horizon Pharma
`
`Ireland Limited et al. v. Actavis Laboratories UT, Inc., No. 1: 14-cv-7992, in the
`
`United States District Court for the District of New Jersey. This matter involves a
`
`patents related to a pharmaceutical product.
`
`2.
`
`I am a member of good standing in the Illinois State Bar. I am also
`
`admitted to practice in the Supreme Court of the United States; U.S. Court of
`
`Appeals for the Federal Circuit; U.S. District Court for the Northern District of
`
`Illinois; U.S. District Court for the Southern District of Illinois; U.S. District Court
`
`for the Southern District of Indiana; and the U.S. Court of Appeals for Veterans
`
`Claims.
`
`3.
`
`I have never been suspended or disbarred from practice before any
`
`court, department, bureau, or commission of any State of the United States.
`
`4.
`
`I have never been denied admission to practice before any court or
`
`administrative body.
`
`5.
`
`I have never received any reprimand from any such court, department,
`
`bureau, or commission pertaining to conduct or fitness as a member of the bar.
`
`2
`
`Exhibit 1055-00002
`
`
`
`6.
`
`I have reviewed and agree to comply with the United States Patent
`
`and Trademark Office's Patent Trial Practice Guide and the Board's Rules of
`
`Practice for Trials set forth in 37 C.F.R. part 42.
`
`7.
`
`I have reviewed and agree to be bound by the United States Patent and
`
`Trademark Office's Rules of Professional Conduct under 37 C.F.R. § 11.101 et
`
`seq., disciplinary jurisdiction under 37 C.F.R. § l l. l 9(a), and any additional rules
`
`and orders governing this proceeding.
`
`8.
`
`I have not applied to appear pro hac vice for any other proceedings
`
`before the USPTO in the last three years.
`
`9.
`
`I am currently counsel of record in the co-pending litigation Eli Lilly
`
`& Co. et al. v. Nang Kuang Pharmaceutical Co., Ltd. et al., Case. No. 1: l 4-cv-
`
`1647-TWP-DKL (S.D. Ind.) (consolidated). Before consolidation with related
`
`suits on December 29, 2015, this case was under the docket of Eli Lilly & Co. v.
`
`Sandoz Inc., Case No. 1 :14-cv-2008-TWP-DKL (S.D. Ind.). This case is related to
`
`and involves the same patent at issue in this proceeding. As such, I have an
`
`established familiarity with the subject matter at issue in this proceeding and have
`
`acquired substantial understanding of the underlying legal and technological issues
`
`at stake in this proceeding. In particular, I have reviewed the patent-at-issue (U.S.
`
`Patent No. 7,772,209), the file history of the '209 patent, the Petition (Paper 2),
`
`and all exhibits which accompanied the Petition.
`
`3
`
`Exhibit 1055-00003
`
`
`
`Under penalty of perjury, I declare the above statements as true and accurate
`
`to the best of my recollection. I further state that these statements are made with
`
`the knowledge that willful false statements and the like are punishable by fine or
`
`imprisonment, or both under Section 1001 of Title 18 of the U.S. Code.
`
`Dated: February 25, 2016
`
`~~dif#f~
`
`BRINKS GILSON & LIONE
`455 North Cityfront Plaza Dr., Suite 3600
`Chicago, Illinois 60611-5599
`Tel: (312) 321-4894
`Fax: (312) 321-4299
`llydigsen@brinksgilson.com
`
`4
`
`Exhibit 1055-00004
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that, pursuant to 37 CFR § 42.6(e)(1), the parties have
`
`agreed to electronic service for all filings in this case. Pursuant to that agreement,
`Petitioner hereby certifies that the foregoing document was served via email upon
`the following parties.
`
`Dov P. Grossman (Reg. No. 72,525)
`Williams & Connolly LLP
`725 Twelfth St. NW
`Washington DC 20005
`Direct Phone: 202-434-5812
`Facsimile: 202-434-5029
`dgrossman@wc.com
`
`David M. Krinsky (Reg. No. 72,339)
`Williams & Connolly LLP
`725 Twelfth St. NW
`Washington DC 20005
`Direct Phone: 202-434-5338
`Facsimile: 202-480-8302
`dkrinsky@wc.com
`
`
`James P. Leeds (Reg. No. 35,241)
`Eli Lilly and Company
`Lilly Corporate Center
`Indianapolis, IN 46285
`Direct Phone: 317-276-1667
`Facsimile: 317-277-6534
`leeds_james@lilly.com
`
`
`
`
`
`
`
`/s/ Ralph J. Gabric
`Ralph J. Gabric (Reg. No. 34,167)
`Bryan T. Richardson, Ph.D. (Reg. No.
`70,572)
`Brinks Gilson & Lione
`NBC Tower – Suite 3600
`455 N. Cityfront Plaza Dr.
`Chicago, Illinois 60611
`
`
`
`
`
`
`
`Dated: February 25, 2016
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