`Tel: 571-272-7822
`
`
`Paper 36
`Entered: February 16, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`MYLAN PHARMACEUTICALS, INC. AND
`MERCK SHARP & DOHME CORP.,
`Petitioner,
`
`v.
`
`GENENTECH, INC. AND CITY OF HOPE,
`Patent Owner.
`_______________
`
`Case IPR2016-007101
`Patent 6,331,415 B1
`_______________
`
`Before TONI R. SCHEINER, LORA M. GREEN, and
`SUSAN L. C. MITCHELL, Administrative Patent Judges.
`
`GREEN, Administrative Patent Judge.
`
`
`ORDER
`Patent Owner’s Motion for Pro Hac Vice
`Admission of David F. McGowan
`37 C.F.R. § 42.10
`
`
`
`
`
`
`
`
`
`1 Case IPR2017-00047 has been joined with this proceeding.
`
`
`
`IPR2016-00710
`Patent 6,331,415 B1
`
`
`
`Patent Owner has filed a motion for pro hac vice admission of David F.
`McGowan in the above-captioned proceeding. Paper 35. The motion is supported
`by a declaration of Mr. McGowan. Ex. 2138. Petitioner did not file an opposition
`to the motion.
`The Board has reviewed the submissions and determined that the
`requirements of 37 C.F.R. § 42.10(c) have been met and there is good cause to
`admit Mr. McGowan pro hac vice.
`Patent Owner is reminded that a power of attorney in accordance with
`37 C.F.R. § 42.10(b) must be submitted for Mr. McGowan.
`It is, therefore,
`ORDERED that Patent Owner’s Motion for pro hac vice admission of
`David F. McGowan is granted; Mr. McGowan is authorized to act as back-up
`counsel in the instant proceeding only;
`FURTHER ORDERED that Patent Owner must file an updated mandatory
`notice identifying Mr. McGowan as back-up counsel in accordance with 37 C.F.R.
`§§ 42.8 and 42.10;
`FURTHER ORDERED that Patent Owner is to continue to have a registered
`practitioner represent it as lead counsel for the instant proceeding;
`FURTHER ORDERED that Mr. McGowan is to comply with the Office
`Patent Trial Practice Guide and the Board’s Rules of Practice for Trials, as set forth
`in Part 42 of Title 37, Code of Federal Regulations; and
`FURTHER ORDERED that Mr. McGowan is to be subject to the Office’s
`disciplinary jurisdiction under 37 C.F.R. § 11.19(a), and the USPTO Rules of
`Professional Conduct set forth in 37 C.F.R. §§ 11.101 et seq.
`
`
` 2
`
`
`
`
`
`
`
`IPR2016-00710
`Patent 6,331,415 B1
`
`
`
`For PETITIONER:
`
`Deanne M. Mazzochi
`Paul J. Molino
`RAKOCZY MOLINO MAZZOCHI SIWIK LLP
`dmazzochi@rmmslegal.com
`paul@rmmslegal.com
`
`
`For PATENT OWNER:
`
`David L. Cavanaugh
`Heather M. Petruzzi
`WILMER CUTLER PICKERING HALE AND DORR LLP
`David.Cavanaugh@wilmerhale.com
`Heather.Petruzzi@wilmerhale.com
`
`Adam R. Brausa
`DURIE TANGRI LLP
`abrausa@durietangri.com
`
`Jeffrey P. Kushan
`SIDLEY AUSTIN LLP
`jkushan@sidley.com
`
` 3
`
`
`
`
`
`
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