`
`____________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`____________________________
`
`MYLAN PHARMACEUTICALS INC.
`
`Petitioner
`
`v.
`
`JANSSEN ONCOLOGY, INC.
`
`Patent Owner
`____________________________
`
`Case No. IPR2016-01332
`U.S. Patent No. 8,822,438
`____________________________
`
`MOTION FOR PRO HAC VICE ADMISSION
`OF BRYAN D. BEEL
`
`
`
`I.
`
`Statement of Precise Relief Requested
`
`
`
`Mylan Pharmaceuticals Inc. (“Mylan”) hereby respectfully requests that the
`
`Patent Trial and Appeal Board (the “Board”) admit Bryan D. Beel, Ph.D., pro hac
`
`vice in this proceeding under 37 C.F.R. § 42.10(c).
`
`Patent Owner has stated it will not oppose this motion.
`
`II.
`
`Statement of Facts Showing Good Cause for the Board to Recognize
`Counsel Pro Hac Vice During the Proceeding
`
`Under 37 C.F.R. § 42.10(c), the Board may admit counsel pro hac vice for
`
`good cause, so long as lead counsel is a registered practitioner and subject to any
`
`other conditions the Board requires. Under Section 42.10(c), good cause includes
`
`when “counsel is an experienced litigating attorney and has an established
`
`familiarity with the subject matter at issue in the proceeding.” This motion
`
`satisfies the requirements of Section 42.10(c):
`
`1.
`
`2.
`
`Lead counsel, Brandon M. White, is a registered practitioner.
`
`Dr. Beel is an experienced patent litigator and has an established
`
`familiarity with the subject matter at issue here, as shown in his accompanying
`
`January 23, 2017 Declaration (“Beel Decl.”), attached hereto. That declaration
`
`shows that Dr. Beel has been a litigator for nine years. He is a member in good
`
`standing of the Oregon State Bar, and is also admitted in the federal courts. Dr.
`
`Beel is also familiar with the subject matter of this case, including U.S. Patent No.
`
`- 1 -
`
`
`
`8,822,438 and its prosecution history, the underlying technology, and the prior art
`
`cited by the petitioner in this matter. Beel Decl. ¶¶ 8-9.
`
`3.
`
`In his declaration, Dr. Beel also attests to each of the listed items
`
`required by the Order – Authorizing Motion for Pro Hac Vice Admission – 37
`
`C.F.R. § 42.10 in IPR2013-00639. See Beel Decl. ¶¶ 2-13.
`
`III. Conclusion
`
`For the foregoing reasons, Mylan respectfully requests that the Board admit
`
`Bryan D. Beel, Ph.D., pro hac vice in this proceeding.
`
`
`
`Dated: January 25, 2017
`
`
`
`
`
`
`
`- 2 -
`
`
`
`
`
`/Brandon M. White/
`Brandon M. White
`Reg. No. 52,354
`
`PERKINS COIE LLP
`700 13th Street, NW, Suite 600
`Washington, D.C. 20005
`Telephone: (202) 654-6204
`Facsimile: (202) 654-6211
`Email: bmwhite@perkinscoie.com
`
`Attorney for Mylan Pharmaceuticals Inc.
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that the foregoing:
`
`1. MOTION FOR PRO HAC VICE ADMISSION OF BRYAN D. BEEL, and
`
`
`
`2.
`
`DECLARATION OF BRYAN D. BEEL IN SUPPORT OF MOTION FOR
`PRO HAC VICE ADMISSION OF BRYAN D. BEEL
`
`was served electronically via email as follows:
`
`Patent Owners:
`
`Dianne B. Elderkin
`Barbara L. Mullin
`Ruben H. Munoz
`Akin Gump Strauss Hauer & Feld LLP
`JANS-ZYTIGA@akingump.com
`
`David T. Pritikin
`Bindu Donovan
`Sidley Austin LLP
`ZytigaIPRTeam@sidley.com
`
`
`
`Dated: January 25, 2017
`
`
`
`
`
`/Brandon M. White/
`Brandon M. White
`
`Attorney for Mylan Pharmaceuticals Inc.
`
`
`
`
`
`
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