`Declaration of Tracey C. Allen
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________________________________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________________________________
`APOTEX INC., APOTEX CORP., APOTEX PHARMACEUTICALS
`HOLDINGS INC., AND APOTEX HOLDINGS, INC.,
`Petitioners,
`v.
`OSI PHARMACEUTICALS, INC.,
`Patent Owner.
`____________________________________________
`Case IPR2016-01284
`U.S. Patent No. 6,900,221
`____________________________________________
`
`DECLARATION OF TRACEY C. ALLEN IN SUPPORT OF
`MOTION FOR ADMISSION PRO HAC VICE
`
`OSI EXHIBIT 2042
`APOTEX V. OSI
`IPR2016-01284
`
`
`
`I, Tracey C. Allen, declare as follows:
`
`IPR2016-01284
`Declaration of Tracey C. Allen
`
`
`1.
`
`I was admitted to the State of Georgia Bar in November 2000 and the
`
`District of Columbia Bar in March 2004. I have been practicing law for 16 years.
`
`For more than 9 years, my practice has focused primarily on patent litigation.
`
`2.
`
`Over the course of my career, I have been counsel in dozens of patent
`
`litigations.
`
`3.
`
`I am admitted, practicing and in good standing as a member of the Bar
`
`of the District of Columbia and am admitted and in good standing as a member of
`
`the Bar of the State of Georgia, though currently on inactive status in the latter. I am
`
`admitted to practice before the U.S. District Courts for the District of Columbia, the
`
`District of Colorado, the Middle District of Georgia and the Northern District of
`
`Georgia. I am also admitted to practice before the U.S. Court of Appeals for the
`
`Federal Circuit.
`
`4. My District of Columbia Bar membership number is 485474. My
`
`Georgia Bar membership number is 112998.
`
`5.
`
`I have never been suspended or disbarred from practice before any court
`
`or administrative body.
`
`6.
`
`I have never had a court or administrative body deny my application for
`
`admission to practice.
`
`- 1 -
`
`
`
`I have never had any sanctions or contempt citations imposed by any
`
`IPR2016-01284
`Declaration of Tracey C. Allen
`
`
`7.
`
`court or administrative body.
`
`8.
`
`I have read and will comply with the Patent Office Trial Practice Guide
`
`and the Board’s Rules for Practice for Trials, as set forth in 37 C.F.R. Part 42.
`
`9.
`
`I agree to be subject to the United States Patent and Trademark Office
`
`Rules of Professional Conduct set forth in 37 C.F.R. §§ 11.101 et seq. and
`
`disciplinary jurisdiction under 37 C.F.R. § 11.19(a).
`
`10.
`
`I have not appeared Pro Hac Vice before the Patent Trial and Appeal
`
`Board.
`
`11.
`
`In addition to this matter, I have represented OSI Pharmaceuticals, LLC
`
`and/or its parent company, Astellas, in multiple patent and patent-related matters,
`
`including: OSI Pharmaceuticals, LLC v. Apotex Inc., No. 1:15-cv-00772 (D. Del.);
`
`OSI Pharmaceuticals, LLC v. Breckenridge Pharmaceutical, Inc., No. 1:15-cv-
`
`01063 (D. Del.); OSI Pharmaceuticals, LLC. v. Hetero USA, Inc., Case No. 1:17-cv-
`
`00665-GMS (D. Del.); and OSI Pharmaceuticals, LLC. v. Sun Pharmaceuticals
`
`Industries Inc., Case No. 1:17-cv-00666-GMS (D. Del.).
`
`12.
`
`I am intimately familiar with the subject matter of U.S. Patent No.
`
`6,900,221. I am also intimately familiar with tyrosine kinase inhibitor technology as
`
`a result of my participation as counsel in cases related to such subject matter,
`
`including the cases listed in the previous paragraph. In addition, I have represented a
`- 2 -
`
`
`
`number of life sciences and pharmaceutical companies—including Bristol-Myers
`
`IPR2016-01284
`Declaration of Tracey C. Allen
`
`
`Squibb Company; GlaxoSmithKline plc; Pfizer Inc.; Novartis Pharmaceuticals
`
`Corp.; Takeda; AstraZeneca; Becton Dickinson, and others—in many patent
`
`litigation matters before federal district courts and appellate courts. The technology
`
`involved in some of these disputes included methods of treatment using
`
`pharmaceutical compounds.
`
`13.
`
`I hereby declare 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 are made with the knowledge that willful false
`
`statements and the like are punishable by fine, imprisonment, or both under Section
`
`1001 of Title 18 of the United States Code.
`
`
`Dated: June 22, 2017
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`/Tracey C. Allen/
`Tracey C. Allen
`Wilmer Cutler Pickering
` Hale and Dorr LLP
`1875 Pennsylvania Avenue NW
`Washington, DC 20006
`(202) 663-6856
`
`
`- 3 -
`
`
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