`Filed: April 4, 2017
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`____________________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`____________________________
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`MYLAN PHARMACEUTICALS INC.
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`Petitioner
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`v.
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`JANSSEN ONCOLOGY, INC.
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`Patent Owner
`____________________________
`
`Case No. IPR2016-01332
`U.S. Patent No. 8,822,438
`____________________________
`
`MOTION FOR PRO HAC VICE ADMISSION
`OF ROBERT D. SWANSON
`
`
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`I.
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`Statement of Precise Relief Requested
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`
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`Mylan Pharmaceuticals Inc. (“Mylan”) hereby respectfully requests that the
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`Patent Trial and Appeal Board (the “Board”) admit Robert D. Swanson, pro hac
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`vice in this proceeding under 37 C.F.R. § 42.10(c).
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`Patent Owner has stated it will not oppose this motion.
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`II.
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`Statement of Facts Showing Good Cause for the Board to Recognize
`Counsel Pro Hac Vice During the Proceeding
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`Under 37 C.F.R. § 42.10(c), the Board may admit counsel pro hac vice for
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`good cause, so long as lead counsel is a registered practitioner and subject to any
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`other conditions the Board requires. Under Section 42.10(c), good cause includes
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`when “counsel is an experienced litigating attorney and has an established
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`familiarity with the subject matter at issue in the proceeding.” This motion
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`satisfies the requirements of Section 42.10(c):
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`1.
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`Lead counsel, Brandon M. White, is a registered practitioner.
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`2. Mr. Swanson is an experienced patent litigator and has an established
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`familiarity with the subject matter at issue here, as shown in his accompanying
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`April 4, 2017 Declaration (“Swanson Decl.” (Ex. 1087)), filed currently with this
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`motion. That declaration shows that Mr. Swanson has been a litigator for more
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`than a year in addition to clerking on the United States District Court for the
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`Northern District of California and the United States Court of Appeals for the
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`Federal Circuit. He is a member in good standing of the Bar of the State of
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`- 1 -
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`
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`California and admitted to the United States Court of Appeals for the Federal
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`Circuit. Mr. Swanson is also familiar with the subject matter of this case,
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`including U.S. Patent No. 8,822,438 and its prosecution history, the underlying
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`technology, and the prior art cited by the petitioner in this matter. Swanson Decl.
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`¶¶ 8-9.
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`3.
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`In his declaration, Mr. Swanson also attests to each of the listed items
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`required by the Order – Authorizing Motion for Pro Hac Vice Admission – 37
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`C.F.R. § 42.10 in IPR2013-00639. See Swanson Decl. ¶¶ 2-13.
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`III. Conclusion
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`For the foregoing reasons, Mylan respectfully requests that the Board admit
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`Robert D. Swanson, pro hac vice in this proceeding.
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`
`
`
`
`/Brandon M. White/
`Brandon M. White
`Reg. No. 52,354
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`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.
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`- 2 -
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`
`
`
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`Dated: April 4, 2017
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`
`
`
`
`
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`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that the foregoing:
`
`1. MOTION FOR PRO HAC VICE ADMISSION OF ROBERT D.
`SWANSON, and
`
`
`
`2.
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`DECLARATION OF ROBERT D. SWANSON IN SUPPORT OF
`MOTION FOR PRO HAC VICE ADMISSION OF ROBERT D.
`SWANSON
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`was served electronically via email as follows:
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`Patent Owners:
`
`Dianne B. Elderkin
`Barbara L. Mullin
`Ruben H. Munoz
`Akin Gump Strauss Hauer & Feld LLP
`JANS-ZYTIGA@akingump.com
`
`Todd L. Krause
`David T. Pritikin
`Bindu Donovan
`Paul J. Zegger
`Sidley Austin LLP
`ZytigaIPRTeam@sidley.com
`
`
`
`
`/Brandon M. White/
`Brandon M. White
`
`Attorney for Mylan Pharmaceuticals Inc.
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`
`
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`Dated: April 4, 2017
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`
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`