`
`____________________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________________________________________
`
`GENZYME CORPORATION
`Petitioner,
`
`v.
`
`GENENTECH, INC. AND CITY OF HOPE,
`Patent Owner.
`____________________________________________
`
`Case IPR2016-00460
`Patent 6,331,415 B1
`____________________________________________
`
`PATENT OWNER’S MOTION FOR ADMISSION PRO HAC VICE OF
`ROBERT J. GUNTHER, JR.
`
`
`
`
`
`Case No. IPR2016-00460
`Patent Owner’s Motion For Admission Pro hac vice Of Robert J. Gunther, Jr.
`I. Statement of Precise Relief Requested
`
`Pursuant to 37 C.F.R. § 42.10(c), Patent Owners Genentech, Inc.
`
`(“Genentech”) and City of Hope requests that the Patent Trial and Appeal Board
`
`(the “Board”) admit Robert J. Gunther, Jr. pro hac vice in this proceeding,
`
`IPR2016-00460.
`
`II. Statement of Facts Showing Good Cause for the Board to Recognize
`
`Counsel Pro Hac Vice During the Proceeding
`
`In accordance with 37 C.F.R. § 42.10(c), 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. Section 42.10(c) indicates that “where lead counsel is a
`
`registered practitioner, a motion to appear pro hac vice by counsel who is not a
`
`registered practitioner may be granted upon a showing that counsel is an
`
`experienced litigating attorney and has an established familiarity with the subject
`
`matter at issue in the proceeding.” The facts here establish good cause for the
`
`Board to recognize Robert J. Gunther, Jr. pro hac vice in this proceeding.
`
`1. Lead counsel, David L. Cavanaugh, is a registered practitioner. Backup
`
`counsel, Heather M. Petruzzi and Adam R. Brausa, are also registered
`
`practitioners.
`
`2. Counsel, Robert J. Gunther, Jr., is an experienced litigator and has an
`
`
`
`- 2 -
`
`
`
`Case No. IPR2016-00460
`Patent Owner’s Motion For Admission Pro hac vice Of Robert J. Gunther, Jr.
`established familiarity with the subject matter at issue in the proceeding.
`
`Accompanying this motion as Exhibit 2001 is the Declaration of Robert J.
`
`Gunther, Jr. in Support of this Motion for Admission Pro Hac Vice (“Gunther
`
`Decl.”). In his declaration, Mr. Gunther asserts:
`
`I am a member in good standing of the Bar of New York, and am admitted
`
`to practice before District Courts of the Southern District of New York the
`
`Eastern District of New York, the Western District of New York, the
`
`Northern District of California, the District of Colorado, the Eastern District
`
`of Michigan, the Western District of Michigan, and the Northern District of
`
`Illinois. I am also admitted to practice before the U.S. Courts of Appeals for
`
`the Second, Ninth, Tenth, and Federal Circuits. I am a fellow of The
`
`American College of Trial Lawyers.
`
`Gunther Decl. ¶ 2 (Ex. 2001). Mr. Gunther also states that he has a long-standing
`
`relationship with Patent Owner Genentech, Inc. and its parent Roche. Gunther
`
`Decl. ¶ 11 (Ex. 2001). Mr. Gunther also demonstrates that he has a detailed
`
`working knowledge of the relevant subject matter through his participation in a
`
`prior litigation involving the ‘415 patent as well as his familiarity with antibody
`
`technologies as a result of participation as counsel in prior antibody-related patent
`
`cases. Gunther Decl. ¶ 12 (Ex. 2001).
`
`3. In his declaration, Mr. Gunther also attests to each of the listed items
`
`
`
`- 3 -
`
`
`
`Case No. IPR2016-00460
`Patent Owner’s Motion For Admission Pro hac vice Of Robert J. Gunther, Jr.
`required by the Order – Authorizing Motion for Pro Hac Vice Admission – 37
`
`C.F.R. § 42.10 in IPR2013-00639. See Gunther Decl. ¶¶ 1-13 (Ex. 2001). Mr.
`
`Gunther attests that he has read and will comply with the Office Patent Trial
`
`Practice Guide and the Board’s Rules of Practice for Trials set forth in 35 C.F.R. §
`
`42. Mr. Gunther further attests that he agrees to be subject to the United States
`
`Patent and Trademark Office’s 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).
`
`See id. ¶ 9.
`
`III. Conclusion
`
`For the foregoing reasons, Patent Owner respectfully requests that the Board
`
`admit Robert J. Gunther, Jr. pro hac vice in this proceeding.
`
`
`
`Date: February 8, 2016
`
`Respectfully submitted,
`
`By: /David L. Cavanaugh/
`David L. Cavanaugh
`Reg. No. 36,476
`Wilmer Cutler Pickering Hale and Dorr LLP
`1875 Pennsylvania Avenue NW
`Washington, DC 20006
`
`
`
`- 4 -
`
`
`
`
`
`Case No. IPR2016-00460
`Patent Owner’s Motion For Admission Pro hac vice Of Robert J. Gunther, Jr.
`
`EXHIBIT LIST IPR2016-00460
`
`2101 DECLARATION OF ROBERT J. GUNTHER, JR. IN SUPPORT OF
`MOTION FOR ADMISSION PRO HAC VICE
`
`
`
`
`
`
`
`Case No. IPR2016-00460
`Patent Owner’s Motion For Admission Pro hac vice Of Robert J. Gunther, Jr.
`CERTIFICATE OF SERVICE
`
`I hereby certify that, on February 8, 2016, I caused a true and correct copy of the
`foregoing materials:
`• Patent Owner’s Motion for Pro Hac Vice Admission of Robert J.
`Gunther, Jr.
`
`• Exhibit 2101, Declaration of Robert J. Gunther, Jr., in Support of
`Motion for Pro Hac Vice Admission
`
`• Exhibit List
`
`to be served via electronic mail on the following attorneys of record:
`Richard McCormick
`Lisa M. Ferri
`Brian W. Nolan
`Mayer Brown LLP
`1675 Broadway
`New York, NY 10019
`Rmccormick@mayerbrown.com
`LFerri@mayerbrown.com
`BNolan@mayerbrown.com
`MB-Genzyme-Cabilly-IPR-2@mayerbrown.com
`
`
`
`/Margareta K. Sorenson/
`Margareta K. Sorenson
`Reg. No. 71,601
`Wilmer Cutler Pickering Hale and Dorr LLP
`1875 Pennsylvania Ave., N.W.
`Washington, DC 20006
`Tel: 202-663-6000
`
`
`
`ActiveUS 151628539v.1