`
`Filed On Behalf Of:
`
`Alkermes Pharma Ireland Limited and
`
`Alkermes Controlled Therapeutics, Inc.
`
`By:
`
`Scott K. Reed
`
`sreed@fchs.com
`212-218-2100
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`LUYE PHARMA GROUP LTD., LUYE PHARMA (USA) LTD., SHANDONG
`LUYE PHARMACEUTICAL CO., LTD., and NANJING LUYE
`PHARMACEUTICAL CO., LTD.,
`
`Petitioners,
`V.
`
`ALKERMES PHARMA IRELAND LTD and ALKERMES CONTROLLED
`THERAPEUTICS, INC,
`Patent Owners.
`
`Case IPR2016—01096
`
`U.S. Patent No. 6,667,061
`
`DECLARATION IN SUPPORT OF PATENT OWNERS’ MOTION
`FOR PRO HAC VICE ADMISSION OF CHRISTINA SCHWARZ
`UNDER 37 C.F.R. § 42.10
`
`ALKERMES Exh. 2011
`
`Luye v. Alkermes
`IPR 2016-01096
`
`
`
`1.
`
`I, Christina Schwarz, 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 Owners’ Motion for
`
`Pro Hac Vice Admission of Christina Schwarz.
`
`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 nine 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 and 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 bars of the State of New
`
`York and the Province of Ontario.
`
`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.lOl et seq. and disciplinary
`
`jurisdiction under 37 C.F.R. § l1.19(a).
`
`10.
`
`I applied to appear and was admitted pro hac vice in three other
`
`proceedings before the Office in the last three (3) years: IPR20l3—O0534,
`
`IPR2013-00537, IPR20l 6-00084.
`
`11.
`
`I have an established familiarity with the subject matter at
`
`issue in this proceeding.
`
`I have been involved consistently and substantively in
`
`this inter partes review proceeding since its inception in May 2016 and was
`
`engaged by Patent Owners to work on the proceeding from its outset.
`
`I have
`
`read in detail and understand the Petition filed by Petitioners and the challenged
`
`patent, U.S. Patent No. 6,667,016 (“the ’O61 patent”).
`
`I have also reviewed in
`
`detail all the exhibits relied upon by Petitioners in this proceeding.
`
`
`
`12.
`
`I have engaged in extensive strategic and substantive discussions
`
`regarding this proceeding with Scott K. Reed, who is the lead counsel for Patent
`
`Owners; Justin Oliver, who is designated as back—up counsel for Patent Owners;
`
`and Ha Kung Wong, Melinda R. Roberts, and Una Fan, who are concurrently
`
`seeking pro hac vice admission to appear in this proceeding.
`
`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 ’061
`
`.
`
`J’
`
`.,
`
`.,,‘_
`
`J
`
`.
`
`’
`
`__:'f E (I 4/Q:
`“Christina Schv»§iJ"
`
`FITZPATRICK, CELLA, HARPER & SCINTO
`1290 Avenue of the Americas
`
`New York, NY 10104-3800
`Tel: (212) 218-2100
`
`patent.
`
`Executed on February 1, 2017
`
`FCHS_WS 13 15071 lv1.doc
`
`