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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`MYLAN PHARMACEUTICALS INC.,
`Petitioner
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`v.
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`GENENTECH, INC. AND CITY OF HOPE,
`Patent Owners
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`Case IPR2016-00710
`Patent 6,331,415
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`MYLAN PHARMACEUTICAL INC.’S UNOPPOSED
`MOTION FOR PRO HAC VICE ADMISSION OF
`WILLIAM A. RAKOCZY PURSUANT TO 37 C.F.R. § 42.10(C)
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`I.
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`RELIEF REQUESTED.
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`Pursuant to 37 C.F.R. §42.10(c) and the Board’s “Order Authorizing Motion
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`for Pro Hac Vice Admission – 37 C.F.R. §42.10,” in Case IPR2013-00639, Paper
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`7, entered October 15, 2013, incorporated by Paper 4 in the present case, Petitioner
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`Mylan Pharmaceuticals, Inc. (“Mylan”) requests that the Board admit William A.
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`Rakoczy pro hac vice in this proceeding. Counsel for Mylan have met and
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`conferred with counsel for Patent Owner, and Patent Owner does not oppose this
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`motion.
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`II.
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`STATEMENT OF FACTS.
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`Pursuant to 37 C.F.R. §42.10(c), the Board
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`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. For example, where the 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 showing that counsel is an
`experienced litigating attorney and has an established familiarity with
`the subject matter at issue in the proceeding.
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`37 C.F.R. §42.10(c). The facts, supported by the attached Declaration of William
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`A. Rakoczy in Support of Motion for Admission Pro Hac Vice (Exhibit 1061)
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`(“Rakoczy Decl.”), establish good cause to recognize Mr. Rakoczy pro hac vice in
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`this proceeding.
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`1.
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`Lead counsel Deanne M. Mazzochi is a registered practitioner before
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`the USPTO.
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`1
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`2.
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`Back-up counsel Paul J. Molino is a registered practitioner before the
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`USPTO.
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`3. William A. Rakoczy is an experienced litigating attorney. Mr.
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`Rakoczy has been a litigating attorney for more than 15 years. (Rakoczy Decl. ¶
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`1). Mr. Rakoczy has been litigating patent cases for at least 15 years. (Id. ¶ 2).
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`Mr. Rakoczy is a member in good standing of the Illinois State Bar, with no
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`suspensions or disbarments from practice, nor any application for admission to
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`practice denied, nor any sanctions or contempt citations, and is admitted to practice
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`in the Supreme Court of the United States, United States Court of Appeals for the
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`Federal Circuit, United States Court of Appeals for the Seventh Circuit, United
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`States Court of Appeals for the District of Columbia Circuit, United States Court of
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`Appeals for the Fourth Circuit, United States Court of Appeals for the Third
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`Circuit, and the United States District Court for the Northern District of Illinois,
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`Western District of Wisconsin, District of Columbia, Western District of Michigan,
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`and District of Colorado. (Id. ¶¶ 3-5).
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`4. Mr. Rakoczy has familiarity with the subject matter at issue in this
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`proceeding and, more specifically, he is familiar with the patent at issue in this
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`proceeding—U.S. Patent No. 6,331,415 (“the ‘415 patent”). (Rakoczy Decl. ¶ 6).
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`Mr. Rakoczy is advising Mylan on patent matters relating to the subject matter
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`claimed in the patent at issue in this proceeding. (Id.). Mr. Rakoczy was involved
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`2
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`in the strategy and drafting of Mylan’s Petition for Inter Partes Review (the
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`“Petition”) and, as a result, Mr. Rakoczy has become intimately familiar with the
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`subject matter of the ‘415 patent and the prior art raised in the Petition. (Id.).
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`5. Mr. Rakoczy has read and will comply with the Office Patent Trial
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`Practice Guide and the Board’s Rules for Practice for Trials set forth in part 42 of
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`the C.F.R, and he agrees to be subject to the USPTO Code of Professional
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`Responsibility set forth in 37 C.F.R. §§11.101 et seq., and to disciplinary
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`jurisdiction under 37 C.F.R. §11.19(a). (Rakoczy Decl. ¶¶ 7-8).
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`6.
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`In the last three (3) years, Mr. Rakoczy has applied to appear pro hac
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`vice in one inter partes review proceeding, Lupin Ltd. v. Janssen R & D Ir.,
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`IPR2015-01030. (Rakoczy Decl. ¶ 9).
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`III. ANALYSIS.
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`The facts contained in the Statement of Facts above, and contained in the
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`Rakoczy Declaration, establish that there is good cause to admit Mr. Rakoczy pro
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`hac vice in this proceeding under 37 C.F.R. §42.10(c). Lead and backup counsel
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`are registered practitioners, Mr. Rakoczy is an experienced litigating attorney, and
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`Mr. Rakoczy has an established familiarity with the subject matter at issue in the
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`proceeding. Admission of Mr. Rakoczy will further enable Mylan to be effectively
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`and efficiently represented before the Board in this proceeding, and in other
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`3
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`matters relating to the same subject areas. Lead and backup counsel will ensure
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`that Mr. Rakoczy follows the rules as set out by the Board.
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`IV. CONCLUSION.
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`For the foregoing reasons, Mylan respectfully requests that the Board admit
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`William A. Rakoczy pro hac vice in this proceeding.
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`Respectfully submitted,
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` /Deanne M. Mazzochi/
`Deanne M. Mazzochi (Reg. No. 50,158)
`dmazzochi@rmmslegal.com
`RAKOCZY MOLINO MAZZOCHI SIWIK LLP
`6 West Hubbard Street, Suite 500
`Chicago, Illinois 60654
`Telephone: (312) 222-6305
`Facsimile: (312) 222-6325
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`Dated: August 29, 2016
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`4
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a true and correct copy of the
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`foregoing Mylan Pharmaceuticals Inc.’s Unopposed Motion for Pro Hac Vice
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`Admission of William A. Rakoczy Pursuant to 37 C.F.R. § 42.10(C) was served on
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`August 29, 2016, via electronic mail by agreement of the parties, on the following
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`counsel of record for Patent Owners:
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`David L. Cavanaugh
`Reg. No. 36,476
`WILMER CUTLER PICKERING HALE
` AND DORR LLP
`1875 Pennsylvania Avenue NW
`Washington, DC 20006
`David.Cavanaugh@wilmerhale.com
`Telephone: 202-663-6025
`Facsimile: 202-663-6363
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`Dated: August 29, 2016
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`
`
`Heather M. Petruzzi
`Reg. No. 71,270
`Heather.Petruzzi@wilmerhale.com
`Adam R. Brausa
`Reg. No. 60,287
`abrausa@durietangri.com
`Jeffrey P. Kushan
`Reg. No. 43,401
`jkushan@sidley.com
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`Respectfully submitted,
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`
` /Deanne M. Mazzochi/
`Deanne M. Mazzochi (Reg. No. 50,158)
`dmazzochi@rmmslegal.com
`RAKOCZY MOLINO MAZZOCHI SIWIK LLP
`6 West Hubbard Street, Suite 500
`Chicago, Illinois 60654
`Telephone: (312) 222-6305
`Facsimile: (312) 222-6325