`Date Filed: April 3, 2017
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`________________
`
`MYLAN PHARMACEUTICALS INC.,
`Petitioner,
`
`v.
`
`JANSSEN ONCOLOGY, INC.,
`Patent Owner.
`
`________________
`Case IPR2016-01332
`Patent 8,822,438
`
`________________
`
`
`DECLARATION OF ALYSSA B. MONSEN IN
`SUPPORT OF MOTION TO APPEAR PRO HAC VICE
`
`
`
`
`
`
`
`
`JANSSEN EXHIBIT 2159
`Mylan v. Janssen IPR2016-01332
`
`
`
`IPR2016-01332
`Patent No. 8,822,438
`
`I, Alyssa B. Monsen, declare as follows:
`
`1. I am an associate attorney in the New York Office of Sidley Austin LLP. I
`
`have personal knowledge of the facts set forth in this declaration and, if called as a
`
`witness, could and would testify competently under oath.
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`2. I am a member in good standing of the State Bar of New York (Bar No.
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`5082326).
`
`3. I have never been suspended or disbarred from practice before any court or
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`administrative body.
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`4. None of my applications for admission to practice before any court or
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`administrative body have ever been denied.
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`5. I have not been sanctioned nor have I had a contempt citation imposed on
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`me by any court or administrative body.
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`6. I have read and will comply with the Office Patent Trial Practice Guide and
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`the Board’s Rules of Practice for Trial set forth in part 42 of 37 C.F.R.
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`7. I acknowledge and agree that I will be subject to the USPTO Rules of
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`Professional Conduct set forth in 37 C.F.R. § 11.101 et. seq. and disciplinary
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`jurisdiction under 37 C.F.R. § 11.19(a).
`
`8. I have applied to appear pro hac vice before the Patent Trial and Appeal
`
`Board in the last three years in IPR2016-00286 (see IPR2016-00286 Paper 41,
`
`currently pending). I was granted pro hac vice admission by the Board in
`
`
`
`2
`
`
`
`IPR2016-01332
`Patent No. 8,822,438
`
`IPR2016-00286, which is directed to the same patent that is at issue in the instant
`
`proceeding (see IPR2016-00286 Paper 47).
`
`9. I have been a practicing attorney for almost five years and have been
`
`involved in several patent cases. I am presently counsel for Patent Owner Janssen
`
`Oncology, Inc. in a pending patent litigation involving the patent under review in
`
`this proceeding, U.S. Patent No. 8,822,438 (the “’438 patent”). This case is
`
`captioned BTG Int’l Ltd., et al. v. Actavis Labs. FL, Inc., et al., C.A. No. 2:15-cv-
`
`05909-KM-JBC (D.N.J.). As part of this litigation, I have studied and analyzed the
`
`’438 patent and have become very familiar with its subject matter. I have also
`
`gained familiarity with certain prior art (including prior art asserted in this IPR
`
`proceeding), conception and reduction to practice of the inventions claimed in the
`
`’438 patent, and other relevant issues, including claim construction of various
`
`claim terms.
`
`
`
`
`
`3
`
`
`
`IPR2016—01332
`
`Patent No. 8,822,438
`
`I declare under penalty of perjury that the foregoing is true and correct.
`
`Executed on April
`
`3
`
`, 2017 in New York, New York.
`
`By: W
`
`A1
`
`sa B. Monsen
`
`
`
`IPR2016-01332
`Patent No. 8,822,438
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that a copy of the foregoing Declaration of
`
`Alyssa B. Monsen in Support of Motion to Appear Pro Hac Vice was served on
`
`counsel of record on April 3, 2017 by filing this document through the End-to-End
`
`System, as well as delivering a copy via electronic mail to counsel of record for the
`
`Petitioner at the following addresses:
`
`Brandon M. White – bmwhite@perkinscoie.com
`Bryan D. Beel – bbeel@perkinscoie.com
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`By: /Dianne B. Elderkin/
`Dianne B. Elderkin
`Registration No. 28,598
`Counsel for Patent Owner
`
`5
`
`
`
`Date: April 3, 2017
`
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