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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`SANDOZ INC.,
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`Petitioner
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`v .
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`ELI LILLY AND COMPANY,
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`Patent Owner
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`U.S. Patent 7,772,209 to Niyikiza
`Issued Date: Aug. 10, 2010
`Title: Antifolate Combination Therapies
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`Inter Partes Review No. 2016-00318
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`PETITIONER’S MOTION TO ADMIT PRO HAC VICE
`LAURA A. LYDIGSEN AS BACKUP COUNSEL
`UNDER 37 C.F.R § 42.10(c)
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`Pursuant to 37 C.F.R. § 42.10(c), Petitioner Sandoz Inc. hereby respectfully
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`requests that the Board grant admission pro hac vice to Laura A. Lydigsen to act as
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`backup counsel in this proceeding.
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`A. Statement of Facts
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`37 C.F.R. § 42.10(c) provides:
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`The Board may recognize counsel pro hac vice during a proceeding upon a
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`showing of good cause, subject to the condition that lead counsel be a
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`registered practitioner and to any other conditions as the Board may impose.
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`For example, where the lead counsel is a registered practitioner, a motion to
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`appear pro hac vice by counsel who is not a registered practitioner may be
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`granted upon showing that counsel is an experienced litigating attorney and
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`has an established familiarity with the subject matter at issue in the
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`proceeding.
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`In this proceeding, lead counsel is a registered practitioner. In addition, Ms.
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`Lydigsen is an experienced litigating attorney and a shareholder at the law firm of
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`Brinks Gilson & Lione, as noted in the supporting Declaration of Ms. Lydigsen.
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`Ex. 1055, Lydigsen Decl. ¶ 1. A substantial portion of her practice consists of
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`litigating patent cases, including, for example, the matter Horizon Pharma Ireland
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`Limited et al. v. Actavis Laboratories UT, Inc., No. 1:14-cv-7992, in the United
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`States District Court for the District of New Jersey, which involves patents related
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`2
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`to a pharmaceutical product. Ms. Lydigsen is also a member in good standing of
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`the Illinois State Bar and is admitted to practice in numerous federal district and
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`appellate courts. Id. ¶ 2.
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`In addition, Ms. Lydigsen has an established familiarity with the subject
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`matter at issue in the proceeding. She is counsel of record in the co-pending
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`litigation Eli Lilly & Co. et al. v. Nang Kuang Pharmaceutical Co., Ltd. et al.,
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`Case. No. 1:14-cv-1647-TWP-DKL (S.D. Ind.) (consolidated) which is related to
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`and involves the same patent at issue in this proceeding. Ex. 1055, Lydigsen Decl.
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`¶ 9. Ms. Lydigsen has reviewed the patent-at-issue (U.S. Patent No. 7,772,209),
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`the Petition (Paper 2), and all exhibits which accompanied the Petition and is
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`familiar with all relevant facts relating to the references filed in this proceeding.
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`Id.
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`Finally, Ms. Lydigsen has reviewed and agrees to be bound by United States
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`Patent and Trademark Office’s Rules of Professional Conduct under 37 C.F.R.
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`§ 11.101 et seq.; 37 C.F.R. § 11.19(a); and the rules governing this proceeding,
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`including those set forth in the United States Patent and Trademark Office’s Patent
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`Trial Practice Guide and the Board’s Rules of Practice for Trials set forth in 37
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`C.F.R part 42. Id. ¶¶ 6-7.
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`3
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`B. Statement of Relief Requested
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`For the foregoing reasons, Petitioner respectfully requests that the Board
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`grant admission pro hac vice to Ms. Lydigsen.
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`Respectfully submitted,
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`/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
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`4
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`Dated: February 25, 2016
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`CERTIFICATE OF SERVICE
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`I hereby certify that, pursuant to 37 CFR § 42.6(e)(1), the parties have
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`agreed to electronic service for all filings in this case. Pursuant to that agreement,
`Petitioner hereby certifies that the foregoing Motion was served via email upon the
`following parties.
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`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
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`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
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`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
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`/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
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`Dated: February 25, 2016
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