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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`PETITIONER
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`V.
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`FOREST LABORATORIES HOLDINGS LIMITED
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`PATENT OWNER
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
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`LOWER DRUG PRICES FOR CONSUMERS, LLC
`LOWER DRUG PRICES FOR CONSUMERS, LLC
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`PETITIONER
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`V.
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`FOREST LABORATORIES HOLDINGS LIMITED
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`PATENT OWNER
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`___________________
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`CASE NO.: IPR2016-00379
`PATENT NO. 6,545,040
`PATENT NO. 6,545,040
`FILED: JANUARY 24, 1992
`FILED: JANUARY 24, 1992
`ISSUED: 4/8/2003
`ISSUED: 4/8/2003
`INVENTORS: XHONNEUX AND VAN LOMMEN
`TITLE: METHOD OF LOWERING THE BLOOD PRESSURE
`________________
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`PETITIONER’S UNOPPOSED MOTION FOR PRO HAC VICE
`ADMISSION OF DONALD PUCKETT UNDER 37 C.F.R. § 42.10(C)
`ADMISSION OF DONALD PUCKETT UNDER 37 C.F.R. § 42.10(C)
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`PETITIONER’S UNOPPOSED MOTION FOR PRO HAC VICE
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`CASE NO.: IPR2016—00379
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`INVENTORS: XHONNEUX AND VAN LOMMEN
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`TITLE: METHOD OF LOWERING THE BLOOD PRESSURE
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`IPR2016‐00379
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`I.
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`RELIEF REQUESTED
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`In the Notice of Filing Date Accorded to Petition (“Notice”) mailed January
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`4, 2016, the Board authorized the parties to file motions for pro hac vice admission
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`under 37 C.F.R. § 42.10(c). The Notice requires that such motions 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, Paper No. 7 (“Order”).
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`Petitioner respectfully requests that the Board recognize Donald Puckett as
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`counsel pro hac vice during this proceeding.
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`II. NO OPPOSITION TO THIS MOTION
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`Petitioner has conferred with Patent Owner with regard to this Motion, and
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`Patent Owner has confirmed that they will not oppose this Motion.
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`III. GOVERNING LAWS, RULES, AND PRECEDENT
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`The Board may recognize counsel pro hac vice during a proceeding on a
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`showing of good cause. “[W]here lead counsel is a registered practitioner, a
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`motion to appear pro hac vice may be granted upon a showing that counsel is an
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`experienced litigation attorney and has an established familiarity with the subject
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`matter at issue in the proceeding.” 37 C.F.R. § 42.10(c).
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`IV. STATEMENT OF FACTS
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`Based on the following statement of facts, and supported by the Declaration
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`of Donald Puckett submitted herewith as Exhibit 1054, Petitioner submits that a
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`IPR2016‐00379
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`showing of good cause has been made and respectfully requests the pro hac vice
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`admission of Donald Puckett in this proceeding:
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`1. Petitioner’s lead counsel, Barry Bumgardner, is a registered practitioner
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`(Reg. No. 38,397).
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`2. Petitioner’s backup counsel, Brent Bumgardner, is a registered
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`practitioner (Reg. No. 48,476).
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`3. Mr. Puckett is an experienced litigation attorney with more than fifteen
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`years of experience litigating patent cases. Mr. Puckett also is an Adjunct
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`Professor at Texas A&M University School of Law, having taught classes related
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`to patent litigation practice. (Ex. 1054, ¶2). His patent litigation experience
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`includes representation of clients in the Patent Trial and Appeal Board (including
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`the presentation of oral arguments to the Board), work as lead trial counsel in
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`district court patent litigation, and advocacy before the United States Court of
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`Appeals for the Federal Circuit in patent appeals. (Id. at ¶3)
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`4. Mr. Puckett is a member in good standing of the Texas State Bar. (Ex.
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`1054, ¶ 4).
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`5. Mr. Puckett has never been suspended or disbarred from practice before
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`any court or administrative body, nor has he ever been the subject of any ethical
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`grievance procedure or investigation. (Ex. 1054, ¶ 5).
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`IPR2016‐00379
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`6. No application filed by Mr. Puckett for admission to practice before any
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`court or administrative body has ever been denied. (Ex. 1054, ¶ 6).
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`7. No sanctions or contempt citations have been imposed against Mr.
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`Puckett by any court or administrative body. (Ex. 1054, ¶ 7).
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`8. Mr. Puckett has read and agrees to comply with the Office Patent Trial
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`Practice Guide and the Board’s Rules of Practice for Trials set forth in part 42 of
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`Title 37 of the C.F.R. (Ex. 1054, ¶ 8).
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`9. Mr. Puckett understands that he will be subject to the USPTO Rules of
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`Professional Conduct as 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). (Ex. 1054, ¶ 9).
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`10. Mr. Puckett has appeared before the Board pro hac vice in the last three
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`years in: (1) IPR2014-00411 and IPR2015-00065 (consolidated), and (2) IPR2014-
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`01431 and IPR2014-01432 (consolidated). (Ex. 1054, ¶ 10). Mr. Puckett presented
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`oral arguments to the Board in both of these consolidated cases. See IPR2014-
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`00411 at Paper No. 112; IPR2014-01431 at Paper No. 47.
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`11. Mr. Puckett has an established familiarity with the subject matter at
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`issue in this proceeding. He personally played a lead role in drafting the Petition
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`for Inter Partes Review filed in this matter. Mr. Puckett has substantively reviewed
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`all materials filed in this proceeding, including the Petition and all accompanying
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`exhibits (1001-1053). (Ex. 1054, ¶ 11).
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`IPR2016‐00379
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`V. GOOD CAUSE EXISTS FOR THE PRO HAC VICE ADMISSION OF
`MR. PUCKETT IN THIS PROCEEDING
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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 registered
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`practitioner and any other conditions as the Board may impose. 37 C.F.R. §
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`42.10(c). Petitioner’s lead counsel, Barry Bumgardner, is a registered practitioner.
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`Based on the facts contained herein, as supported by Mr. Puckett’s declaration (Ex.
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`1054), good cause exists to admit Mr. Puckett pro hac vice as backup counsel in
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`this proceeding.
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`Petitioner has a substantial need for Mr. Puckett’s pro hac vice admission so
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`that he may be involved in all aspects of this proceeding, including depositions and
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`the presentation of oral argument. Admission of Mr. Puckett also will ease the
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`burden on Petitioner’s lead and backup counsel in this proceeding.
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`VIII. CONCLUSION.
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`For the foregoing reasons as well as the reasons contained in the attached
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`declaration, Petitioner respectfully requests admission of Donald Puckett as
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`counsel pro hac vice as backup counsel in this proceeding.
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`Respectfully submitted,
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`/s/ Barry J. Bumgardner
`Barry J. Bumgardner (Lead Counsel)
`Registration No. 38,397
`Brent N. Bumgardner (Back-up Counsel)
`Registration No. 48,476
`Attorneys for Petitioner
`NELSON BUMGARDNER, P.C.
`3131 W. 7th Street, Suite 300
`Fort Worth, Texas 76107
`Telephone: (817) 377-9111
`Facsimile: (817) 377-3485
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`IPR2016‐00379
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`Dated: January 20, 2016
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`IPR2016‐00379
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a copy of PETITIONER’S
`UNOPPOSED MOTION FOR PRO HAC VICE ADMISSION OF DONALD
`PUCKETT UNDER 37 C.F.R. § 42.10(C) and Exhibit 1054 were served in
`their entirety via electronic mail, upon the following lead and backup counsels of
`record for Patent Owner:
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`Jeffrey P. Kushan (jkushan@sidley.com)
`Todd L. Krause (tkrause@sidley.com)
`Sidley Austin LLP
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`Date of Service: January 20, 2016
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`Signature: /s/ Barry J. Bumgardner
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` Barry J. Bumgardner, Reg. No. 38,397
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