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`____________________________________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________________________________________
`
`MYLAN PHARMACEUTICALS INC.,
`Petitioner,
`
`v.
`
`GENENTECH, INC. AND CITY OF HOPE,
`Patent Owners.
`____________________________________________
`
`Case IPR2016-00710
`U.S. Patent 6,331,415
`____________________________________________
`
`
`
`
`
`PATENT OWNERS’ UNOPPOSED MOTION FOR ADMISSION
`PRO HAC VICE OF DAVID I. GINDLER
`
`
`
`Case No. IPR2016-00710
`Patent Owners’ Motion For Admission Pro Hac Vice Of David I. Gindler
`
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`I. Statement of Precise Relief Requested
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`Pursuant to 37 C.F.R. § 42.10(c), Patent Owners Genentech, Inc.
`
`(“Genentech”) and City of Hope request that the Patent Trial and Appeal Board
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`(the “Board”) admit David I. Gindler pro hac vice in this proceeding, IPR2016-
`
`00710. Petitioner Mylan Pharmaceuticals Inc. has indicated that it does not oppose
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`this motion.
`
`II. Statement of Facts Showing Good Cause for the Board to Recognize
`Counsel Pro Hac Vice During the Proceeding
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`In accordance with 37 C.F.R. § 42.10(c), the Board may recognize counsel
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`pro hac vice during a proceeding upon a showing of good cause, subject to the
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`condition that lead counsel be a registered practitioner and to any other conditions
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`as the Board may impose. Section 42.10(c) indicates that “where lead counsel is a
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`registered practitioner, a motion to appear pro hac vice by counsel who is not a
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`registered practitioner may be granted upon a showing that counsel is an
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`experienced litigating attorney and has an established familiarity with the subject
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`matter at issue in the proceeding.” The facts here establish good cause for the
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`Board to recognize David I. Gindler pro hac vice in this proceeding.
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`1. Lead counsel, David L. Cavanaugh, is a registered practitioner. Backup
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`counsel, Owen K. Allen, Heather M. Petruzzi, Adam R. Brausa, and Jeffrey
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`P. Kushan are also registered practitioners.
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`Case No. IPR2016-00710
`Patent Owners’ Motion For Admission Pro Hac Vice Of David I. Gindler
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`2. Counsel, David I. Gindler, is an experienced litigator and has an established
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`familiarity with the subject matter at issue in the proceeding. Accompanying
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`this motion as Exhibit 2009is the Declaration of David I. Gindler in Support
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`of this Motion for Admission Pro Hac Vice (“Gindler Decl.”). In his
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`declaration, Mr. Gindler asserts:
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`I am a member in good standing of the State Bar of California. I
`am also admitted to practice before the United States Supreme
`Court, the United States Court of Appeals for the Federal
`Circuit, the United States Court of Appeals for the Ninth
`Circuit, the United States Court of Appeals for the Seventh
`Circuit, and the United States District Courts in the Northern,
`Central, Eastern and Southern Districts of California.
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`Gindler Decl. ¶ 2 (Ex. 2009). Mr. Gindler also states that he has a long-
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`standing relationship with Patent Owner City of Hope and has worked
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`closely with Patent Owner Genentech. Gindler Decl. ¶ 11 (Ex. 2009). Mr.
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`Gindler also demonstrates that he has a detailed working knowledge of the
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`relevant subject matter through his participation in prior litigations involving
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`the ʼ415 patent as well as his familiarity with antibody technologies as a
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`result of participation as counsel in prior recombinant antibody-related
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`patent cases. Gindler Decl. ¶¶ 12-13 (Ex. 2009).
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`Case No. IPR2016-00710
`Patent Owners’ Motion For Admission Pro Hac Vice Of David I. Gindler
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`3. In his declaration, Mr. Gindler also attests to each of the listed items
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`required by the Order – Authorizing Motion for Pro Hac Vice Admission –
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`37 C.F.R. § 42.10 in IPR2013-00639. See Gindler Decl. ¶¶ 1-13 (Ex. 2009).
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`Mr. Gindler attests that he has read and will comply with the Office Patent
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`Trial Practice Guide and the Board’s Rules of Practice for Trials set forth in
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`37 C.F.R. § 42. See id. ¶ 7. Mr. Gindler further attests that he agrees to be
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`subject to the United States Patent and Trademark Office’s Rules of
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`Professional Conduct as set forth in 37 C.F.R. §§ 11.101 et seq. and
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`disciplinary jurisdiction under 37 C.F.R. § 11.19(a). See id. ¶ 8.
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`III. Conclusion
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`For the foregoing reasons, Patent Owners respectfully request that the Board
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`admit David I. Gindler pro hac vice in this proceeding.
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`
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`Date: December 5, 2016
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`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
`
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`Case No. IPR2016-00710
`Patent Owners’ Motion For Admission Pro Hac Vice Of David I. Gindler
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`PATENT OWNERS’ EXHIBIT LIST
`IPR2016-00710
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`2001 Declaration of Robert J. Gunther, Jr. in Support of Motion for
`Admission Pro Hac Vice
`2002 Declaration of Daralyn J. Durie in Support of Motion for Admission
`Pro Hac Vice
`2003 Decision on Institution, IPR2015-01624, Paper No. 15
`2004 U.S. Patent No. 3,996,345
`2005
`European Patent Specification EP 1 532 260 B1
`Expert Report of Kathryn Calame, Ph.D., MedImmune Inc. v.
`2006
`Genentech Inc. and City of Hope, Case No. CV03-2567 MRP (CTx)
`(C.D. Cal.) (Jan. 25, 2008)
`2007 Declaration of Timothy John Roy Harris, Reexamination Nos.
`90/007,542 and 90/007,859 (Oct. 26, 2006)
`2008 Declaration of Joseph M. Lipner in Support of Motion for Admission
`Pro Hac Vice
`2009 Declaration of David I. Gindler in Support of Motion for Admission
`Pro Hac Vice
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`
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`Case No. IPR2016-00710
`Patent Owners’ Motion For Admission Pro Hac Vice Of David I. Gindler
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`CERTIFICATE OF SERVICE
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`I hereby certify that, on December 5, 2016, I caused a true and correct copy
`of the foregoing materials:
`
` •
`
` Patent Owners’ Unopposed Motion for Admission Pro Hac Vice of
`David I. Gindler
`• Exhibit 2009
`• Patent Owners’ Updated Exhibit List
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`to be served via electronic mail on the following attorneys of record:
`
`Deanne M. Mazzochi
`Paul J. Molino
`William A. Rakoczy
`Eric Hunt
`Rakoczy Molino Mazzochi Siwik LLP
`6 West Hubbard Street, Suite 500
`Chicago, Illinois 60654
`dmazzochi@rmmslegal.com
`paul@rmmslegal.com
`wrakoczy@rmmslegal.com
`ehunt@rmmslegal.com
`Mylan_IPR_Service@rmmslegal.com
`
`
`
`/Owen K. Allen/
`Owen K. Allen
`Reg. No. 71,118
`Wilmer Cutler Pickering Hale and Dorr LLP
`950 Page Mill Road
`Palo Alto, CA 94304
`(650) 600-5029
`
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`
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`ActiveUS 159632003v.1
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