`
`Aventis Pharma S.A.
`
`By:
`
`Dominick A. Conde
`
`dconde@fchs.c0m
`(212) 218-2100
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`MYLAN LABORATORIES LIMITED
`
`Petitioner,
`v.
`
`AVENTIS PHARMA S.A.
`
`Patent Owner.
`
`Case IPR2016—00712
`
`U.S. Patent No. 8,927,592
`
`DECLARATION IN SUPPORT OF PATENT OWNER’S MOTION
`FOR PRO HAC VICE ADMISSION OF JOSHUA I. ROTHMAN
`UNDER 37 C.F.R. § 42.10
`
`Aventis Exhibit 2254
`
`Mylan v. Aventis, IPR 2016-00712
`
`
`
`1.
`
`1, Joshua I. Rothman, am more than twenty-one years of age, am
`
`competent to present this declaration, and have personal knowledge of the facts
`
`set forth herein.
`
`2.
`
`This declaration is given in support of Patent Owner’s Motion for
`
`Pro Hac Vice Admission.
`
`3.
`
`I am a partner at the law firm of Fitzpatrick, Cella, Harper & Scinto
`
`in the New York office.
`
`4.
`
`I have been a patent litigation attorney for more than 17 years.
`
`I
`
`have been litigating patent cases for this entire time period and have been
`
`involved in numerous cases involving patent validity and infringement in
`
`District Courts across the country as well as at the Federal Circuit.
`
`I have
`
`extensive experience in bench trials. A significant portion of my work has
`
`involved biological and chemical arts, with particular emphasis" on
`
`pharmaceuticals.
`
`I am, therefore, an experienced litigating attorney.
`
`5.
`
`I am a member in good standing of the bar of the State of New
`
`York.
`
`I am also admitted to the bars of the United States District Court for the
`
`Southern and Eastern Districts of New York, the United States Court of Appeals
`
`for the Federal Circuit, and the Supreme Court of the United States.
`
`I have
`
`
`
`never been suspended or disbarred from practice before any court or
`
`administrative body.
`
`6.
`
`No court or administrative body has ever denied my application for
`
`admission to practice before it.
`
`7.
`
`No court or administrative body has ever imposed sanctions or
`
`contempt citations on me.
`
`8.
`
`I have read and will comply with the Office Patent Trial Practice
`
`Guide and the Board’s Rules of Practice for Trials set forth in part 42 of 37
`
`C.F.R.
`
`9.
`
`I understand that I will be subject to the Off1ce’s Rules of
`
`Professional Conduct set forth in 37 C.F.R. §§ ll.l0l et seq. and disciplinary
`
`jurisdiction under 37 C.F.R. § ll.l9(a).
`
`10.
`
`This is my first application to appear pro hac vice in a proceeding
`
`before the Office.
`
`11.
`
`I have an established familiarity with the subject matter at issue in
`
`this proceeding.
`
`I am familiar with the patent at issue, U.S. Patent 8,927,592
`
`(“the ’592 patent”), and the technology at issue.
`
`I am also familiar with Patent
`
`Owner’s legal strategies regarding the patent.
`
`I also have extensive knowledge
`
`
`
`of the assertions regarding the invalidity of the patent.
`
`I have also engaged in
`
`extensive substantive discussions with experts concerning issues relevant to this
`
`proceeding.
`
`12. Additionally, I am actively involved in several co-pending
`
`litigations in which the ’592 patent is asserted, including (1) Sanofi—Aventz's US.
`
`LLC et al. v. Fresenius Kabi USA, LLC, C. A. No. 15-2631 (D.N.J.); (2) Sanof-
`
`Aventis US. LLC et al. v. Accord Healthcare, Inc., C. A. No. 15-2520 (D.N.J.); (3)
`
`Sanofi-Aventis US. LLC et al. v. BPI Labs, LLC et al., C. A. No. 15-2521 (D.N.J.);
`
`(4) Sanofi-Aventis US. LLC et al. v. Apotex Corp. et al., C. A. No. 15-1835
`
`(D.N.J.); (5) Sanofi-Aventis US. LLC et al. v. Breckenridge Pharmaceutical, Inc,
`
`C. A. No. 15-1836 (D.N.J.); (6) Sanofi-Aventis US. LLC et al. v. Mylan
`
`Laboratories Ltd., C. A. No. 15-3392 (D.N.J.); (7) Sanofi—Aventis US. LLC et al.
`
`v. Actavis LLC et al., C. A. No. 15-3107 (D.N.J.); (8) Sanofi-Aventis US. LLC et
`
`al. V. Dr. Reddy’s Laboratories, Inc. et al., C. A. No. 15-2522 (D.N.J.); and (9)
`
`Sanofi-Aventis US. LLC et al. v. Glerimark Pharmaceuticals, Inc. et al., C. A. No.
`
`15-2523 (D.N.J.). One of those lawsuits, (6) supra, is pending against Petitioners.
`
`13.
`
`Therefore, I have an established familiarity with the subject matter
`
`at issue in this proceeding.
`
`
`
`14.
`
`I declare further that all statements made herein of my own
`
`knowledge are true and that all statements made on information and belief are
`
`believed to be true and further that these statements were made with the knowledge
`
`that willful false statements and the like so made are punishable by fine or
`
`imprisonment, or both, under Section 1001 of Title 18 of the United States Code,
`
`and that such willful false statements may jeopardize the Validity of the ’592
`
`patent.
`
`February 1, 2017
`
`Respectfully subn itted,
`
`
`
`1290 Avenue of the Americas
`
`New York, NY 10104-3800
`Tel: (212) 218-2100
`
`
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