`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`MYLAN PHARMACEUTICALS INC., TEVA PHARMACEUTICALS USA,
`INC. and AKORN INC.,1
`Petitioners,
`
`v.
`
`ALLERGAN, INC.
`
`Patent Owner.
`
`
`Case IPR2016-01127 (8,685,930 B2)
`Case IPR2016-01128 (8,629,111 B2)
`Case IPR2016-01129 (8,642,556 B2)
`Case IPR2016-01130 (8,633,162 B2)
`Case IPR2016-01131 (8,648,048 B2)
`Case IPR2016-01132 (9,248,191 B2)
`
`
`DECLARATION OF ERIC D. MILLER IN SUPPORT OF PETITIONER
`MYLAN PHARMACEUTICAL INC.’S MOTION FOR PRO HAC VICE
`ADMISSION OF ERIC D. MILLER UNDER 37 C.F.R. § 42.10(c)
`
`
`
`
`1 Cases IPR2017-00576 and IPR2017-00594, IPR2017-00578 and IPR2017-00596,
`IPR2017-00579 and IPR2017-00598, IPR2017-00583 and IPR2017-00599,
`IPR2017-00585 and IPR2017-00600, and IPR2017-00586 and IPR2017-00601,
`have respectively been joined with the captioned proceedings. The word-for-word
`identical paper is filed in each proceeding identified in the caption pursuant to the
`Board’s Scheduling Order (Paper 10).
`
`MYLAN - EXHIBIT 1141
`Mylan Pharmaceuticals Inc. et al. v. Allergan, Inc.
`IPR2016-01127, -01128, -01129, -01130, -01131, -01132
`
`
`
`
`
`I, ERIC D. MILLER, declare as follows:
`
`1.
`
`I am more than twenty-one years of age, competent to present this
`
`affidavit, and have personal knowledge of the facts set forth herein.
`
`2.
`
`This affidavit is given in support of Petitioner’s Mylan Pharmaceutical
`
`Inc.’s Motion for Pro Hac Vice Admission of Eric D. Miller Under 37 C.F.R. §
`
`42.10(c).
`
`3.
`
`I am currently a partner and the firmwide chair of the appellate
`
`practice at Perkins Coie LLP.
`
`4.
`
`I have been practicing law since 2002 and have extensive experience
`
`litigating cases involving Indian law. Most recently, in Lewis v. Clarke, 137 S. Ct.
`
`1285 (2017), I obtained a unanimous decision establishing that the sovereign
`
`immunity of an Indian tribe does not bar damages actions against tribal employees.
`
`5.
`
`I received my law degree from the University of Chicago in 1999.
`
`After law school, I clerked for the Hon. Laurence Silberman, U.S. Court of Appeals
`
`for the District of Columbia Circuit and the Hon. Clarence Thomas, Supreme Court
`
`of the United States. After my clerkships, I served for more than five years as an
`
`Assistant to the Solicitor General of the United States.
`
`6.
`
`I currently represent Petitioner Mylan Pharmaceuticals Inc. I have
`
`experience in Indian law and tribal sovereign immunity, which I understand is an
`
`issue in these proceedings.
`
`1
`
`
`
`
`
`7.
`
`I am a member in good standing of the States of California and
`
`Washington and the District of Columbia Bar.
`
`8.
`
`I have never been suspended or disbarred from practice before any
`
`court or administrative body.
`
`9.
`
`No court or administrative body has ever denied my application for
`
`admission to practice before it.
`
`10. No court or administrative body has imposed sanctions or contempt
`
`citations on me.
`
`11.
`
`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 in 37 C.F.R., Part 42.
`
`12.
`
`I understand that I will be subject to the USPTO Code of Professional
`
`Responsibility set forth in 37 C.F.R. §§ 10.20 et seq. and disciplinary jurisdiction
`
`under 37 C.F.R. § 11.19(a).
`
`13.
`
`I have not applied to appear pro hac vice in any other proceedings
`
`before the Office in the last three years.
`
`14.
`
`I hereby declare that all statements made herein of my own knowledge
`
`are true and further that all statements herein are made with knowledge that willful
`
`false statements and the like are punishable by fine or imprisonment, or both, under
`
`Section 1001 of Title 18 of the United States Code.
`
`
`
`2
`
`
`
`
`
`September 21, 2017
`
`
`
`
`
`
`
`
`
`/s/ Eric D. Miller
`Eric D. Miller
`
`3
`
`
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