`________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________
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`APOTEX INC., APOTEX CORP., APOTEX PHARMACEUTICALS
`HOLDINGS INC., and APOTEX HOLDINGS, INC.,
`Petitioners,
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`v.
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`OSI PHARMACEUTICALS, INC.,
`Patent Owner.
`________________
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`U.S. Patent No. 6,900,221
`Issue Date: May 31, 2005
`Title of Patent: Stable Polymorph on N-(3-ethylphenyl)-6,7-bis(2methoxyethoxy)-
`4-quinazolinamine hydrochloride, Methods of Production,
`and Pharmaceutical uses thereof
`________________
`
`Case No.: IPR2016-01284
`________________
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`DECLARATION OF KERRY B. MCTIGUE IN SUPPORT OF MOTION
`FOR ADMISSION PRO HAC VICE
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`LEGAL\31501542\1
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`APOTEX EX. 1029-001
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`I, Kerry B. McTigue, declare as follows:
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`IPR2016-01284
`U.S. Patent No. 6,900,221
`Declaration of Kerry B. McTigue
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`1. I was admitted to the State of Kentucky Bar in 1996 and the State of
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`South Carolina Bar in 2001. I have been practicing law for 21 years. For more than
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`10 years, my practice has focused primarily on patent litigation in the life sciences.
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`2. Over the course of my career, I have been lead counsel in numerous of
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`patent litigations. I am currently Co-Chair of Cozen O’Connor’s Intellectual
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`Property Department with supervisory authority over Cozen O’Connor patent
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`litigations.
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`3. My Kentucky Bar membership number is, 86541, though currently on
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`inactive status. My South Carolina Bar membership number is 68553.
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`4. I am admitted, practicing and in good standing as a member of the Bar of
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`the State of South Carolina as well as the Bar of the State of Kentucky, though
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`currently on inactive status in the latter. I am admitted to practice before the U.S.
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`District Courts for South Carolina and the Western District of Missouri. I am also
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`admitted to practice before the U.S. Supreme Court, U.S. Court of Appeals for the
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`Federal Circuit, the U.S. Court of Appeals for the Fourth Circuit, and U.S. Court of
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`Federal Claims.
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`5. I have never been suspended or disbarred from practice before any court
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`or administrative body.
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`2
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`APOTEX EX. 1029-002
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`6. I have never had a court or administrative body deny my application for
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`IPR2016-01284
`U.S. Patent No. 6,900,221
`Declaration of Kerry B. McTigue
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`
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`admission to practice.
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`7. I have never had any sanctions or contempt citations imposed by any
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`court or administrative body.
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`8. I have read and will comply with the Patent Office Trial Practice Guide
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`and the Board’s Rules for Practice for Trials, as set forth in 37 C.F.R. Part 42.
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`9. I agree to be subject to the United States Patent and Trademark Office
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`Rules of Professional Conduct 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).
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`10. I have not appeared Pro Hac Vice before the Patent Trial and Appeal
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`Board.
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`11. In addition to this matter, I have represented Apotex Inc. and Apotex
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`Corp. and/or their parent or subsidiary companies, in numerous patent and patent-
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`related matters, including: OSI Pharmaceuticals, LLC v. Apotex Inc., No. 1:15-cv-
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`00772 (D. Del.); Amgen Inc., et al. v. Apotex Inc., et al. 0:15-cv-61631-
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`COHN/SELTZER (S.D. Fla.); and Amgen Inc., et al. v. Apotex Inc., et al. 17-1010
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`(Fed. Cir.).
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`12. I am familiar with the subject matter of U.S. Patent No. 6,900,221. I am
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`also familiar with tyrosine kinase inhibitor technology as a result of my
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`participation as counsel in cases related to such subject matter, including the cases
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`3
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`APOTEX EX. 1029-003
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`listed in the previous paragraph. In addition, I have represented a number of life
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`IPR2016-01284
`U.S. Patent No. 6,900,221
`Declaration of Kerry B. McTigue
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`sciences and pharmaceutical companies including Apotex Inc. and Endo
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`Pharmaceuticals Inc. in many patent litigation matters before federal district courts
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`and appellate courts. In particular, I have extensive experience with secondary
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`considerations of non-obviousness and financial aspects thereof in patent litigation.
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`
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`13. I hereby declare that all statements made herein of my own knowledge
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`are true and that all statements made on information and belief are believed to be
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`true; and further that these statements are made with the knowledge that willful
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`false statements and the like are punishable by fine, imprisonment, or both under
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`Section 1001 of Title 18 of the United States Code.
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`Dated: July 6, 2017
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`Respectfully Submitted,
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`/Kerry B. McTigue/
`Kerry B. McTigue
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` COZEN O’CONNOR PC
` 1200 Nineteenth St. N.W.
`
`Washington, D.C. 20036
` 202-912-4810
` kmctigue@cozen.com
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`
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`4
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`APOTEX EX. 1029-004
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`
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