`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________________________
`
`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
`____________________________
`
`DECLARATION OF ROBERT D. SWANSON
`IN SUPPORT OF MOTION FOR PRO HAC VICE ADMISSION OF
`ROBERT D. SWANSON
`
`
`MYLAN PHARMS. INC. EXHIBIT 1087 PAGE 1
`
`
`
`I, Robert D. Swanson, declare as follows:
`
`1.
`
`2.
`
`I am an associate in the patent litigation group at Perkins Coie LLP.
`
`I am a member in good standing of the Bar of the State of California.
`
`I am also admitted to practice before the United States Courts of Appeals for the
`
`Federal Circuit.
`
`3. My Bar membership numbers are CA 295159.
`
`4.
`
`I have been practicing law for over a year, not including clerkships
`
`with Judge Whyte and Judge Koh on the United States District Court for the
`
`Northern District of California and Chief Judge Prost of the United States Court of
`
`Appeals for the Federal Circuit. During my time in practice, I have focused on
`
`litigating patent cases, specifically pharmaceutical patent cases.
`
`5. More generally, I have represented the Petitioner and/or its various
`
`related entities in litigating significant pharmaceutical patent cases, such as the
`
`following infringement cases:
`
`
`
`Teva Pharmaceuticals USA Inc. v. Mylan Pharmaceuticals Inc., Civil
`
`Action No. 1:14-cv-01278 (U.S. District Court for the District of
`
`Delaware);
`
`
`
`Teva Pharmaceuticals USA Inc. v. Sandoz Inc., Civil Action No.
`
`17-1575 (U.S. Court of Appeals for the Federal Circuit);
`
`MYLAN PHARMS. INC. EXHIBIT 1087 PAGE 2
`
`
`
`
`
`Yeda Research and Development Co. v. Mylan Pharmaceuticals Inc.,
`
`Civil Action Nos. 17-1594, 17-1595, 17-1596 (U.S. Court of Appeals
`
`for the Federal Circuit);
`
`
`
`
`
`AstraZeneca AB v. Mylan Pharmaceuticals Inc., No. 3:13-cv-04022
`
`(U.S. District Court for the District of New Jersey);
`
`Horizon Pharma, Inc. v. Mylan Pharmaceuticals Inc., Civil Action
`
`No. 15-cv-03327 (U.S. District Court for the District of New Jersey);
`
`and
`
`
`
`Horizon Pharma, Inc. v. Mylan Pharmaceuticals Inc., Civil Action
`
`No. 16-cv-04921 (U.S. District Court for the District of New Jersey).
`
`6.
`
`I have never been disbarred, sanctioned or cited for contempt by any
`
`court or administrative body. I am not currently suspended in any bar or by any
`
`court or administrative body.
`
`7.
`
`I have never had a court deny my application for admission to
`
`practice.
`
`8.
`
`I am familiar with the subject matter of this proceeding. In addition to
`
`U.S. Patent No. 8,822,438 (“the ’438 patent”) and its prosecution history, I am
`
`familiar with the technology at issue and Zytiga, the pharmaceutical product for
`
`which the ’438 patent is listed by Janssen in FDA’s publication, Approved Drug
`
`Products with Therapeutic Equivalence Evaluations, commonly referred to as the
`
`MYLAN PHARMS. INC. EXHIBIT 1087 PAGE 3
`
`
`
`“Orange Book.” I have been litigating issues surrounding Zytiga for more than a
`
`year in BTG Int’l Ltd. v. Actavis Labs. FL, Inc., Civil Action No. 2:15-cv-05909
`
`(D.N.J.), on behalf of Mylan Pharmaceuticals and Mylan Inc.
`
`9.
`
`In connection with my work on the Zytiga litigation, I have become
`
`familiar with the prior art references that are the subject of this proceeding.
`
`10. Given my familiarity with the underlying facts and my litigation
`
`experience with the Federal Rules of Evidence, I have experience and expertise
`
`important to representing Mylan’s interests in this matter.
`
`11.
`
`I have read and will comply with Office Patent Trial Practice guide
`
`and the Board's Rules of Practice for Trials, as set forth in Part 42 of 37 C.F.R.
`
`12.
`
`I agree to be subject to the United States Patent and Trademark Office
`
`Code of Professional Responsibility set forth in 37 C.F.R.§§ 11.101 et. seq. and
`
`disciplinary jurisdiction under 37 C.F.R. § 11.19(a).
`
`13.
`
`I have not previously applied for admission pro hac vice before the
`
`United States Patent and Trademark Office.
`
`14.
`
`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.
`
`MYLAN PHARMS. INC. EXHIBIT 1087 PAGE 4
`
`
`
`
`
`Dated: April 4, 2017
`
`
`
`
`/s/ Robert D. Swanson
`Robert D. Swanson
`
`MYLAN PHARMS. INC. EXHIBIT 1087 PAGE 5
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
