`Date Filed: Oct. 12, 2016
`
`
`
`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 DAVID T. PRITIKIN IN
`SUPPORT OF MOTION TO APPEAR PRO HAC VICE
`
`
`
`
`
`
`
`
`
`
`IPR2016-01332
`Patent No. 8,822,438
`
`I, David T. Pritikin, declare as follows:
`
`1. I am a partner in the Chicago Office of Sidley Austin LLP. I have personal
`
`knowledge of the facts set forth in this declaration and, if called as a witness, could
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`and would testify competently under oath.
`
`2. I am a member in good standing of the State Bar of Illinois (Bar No.
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`2256339).
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`3. I have never been suspended or disbarred from practice before any court or
`
`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).
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`8. I have applied to appear pro hac vice before the Patent Trial and Appeal
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`Board once in the last three years in IPR2016-00268. This motion was granted.
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`(See IPR2016-00286, Paper 10).
`
`
`
`2
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`
`
`IPR2016-01332
`
`Patent No. 8,822,438
`
`9.
`
`I have been a practicing attorney for over 40 years and have been involved
`
`in numerous patent cases. I am presently lead counsel for Patent Owner Janssen
`
`Oncology, Inc. in four pending patent litigationsl involving the patent under review
`
`in this proceeding, U.S. Patent No. 8,822,438 (the “’438 patent”). As part of these
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`litigations, I have studied and analyzed the ’438 patent and have become very
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`familiar with its subject matter.
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`I have also gained familiarity with certain prior art
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`(including prior art asserted in this IPR proceeding), conception and reduction to
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`practice of the inventions claimed in the ’438 patent, and other relevant issues,
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`including claim construction of various claim terms.
`
`I declare under penalty of perjury that the foregoing is true and correct.
`
`Executed on October
`
`/I
`
`, 2016 in Chicago, Illinois.
`
`By:
`
`avid T.
`
`itikin
`
`1 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.), Janssen Biotech, Inc., et al. v. Mylan Pharm. Inc., et al.,
`
`C.A. No. 1:15-cv-00130-IMK (N.D. W. Va.), BTG Int ’Z Ltd., et al. v Amerigen
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`Pharms., Inc., et al., C.A. No. 2:16-cv-02449-LM-JBC (D.N.J.) (consolidated with
`
`C.A. No. 2:15-cv-05909-KM-JBC (D.N.J.)), and BTG Int ’l Ltd., et al. v. Glenmark
`
`Pharms., Inc., USA et al., C.A. No. 2:16-cv-03743-KM-JBC (D.N.J.).
`
`
`
`IPR2016-01332
`Patent No. 8,822,438
`
`CERTIFICATE OF SERVICE
`
`
`
`The undersigned hereby certifies that a copy of the foregoing Declaration of
`
`David T. Pritikin in Support of Motion to Appear Pro Hac Vice was served on
`
`counsel of record on October 12, 2016 by filing this document through the End-to-
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`End System, as well as delivering a copy via electronic mail to counsel of record
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`for the Petitioner at the following addresses:
`
`Brandon M. White – bmwhite@perkinscoie.com
`Bryan D. Beel – bbeel@perkinscoie.com
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`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`By: /Dianne B. Elderkin/
`Dianne B. Elderkin
`Registration No. 28,598
`Counsel for Patent Owner
`
`4
`
`
`
`Date: Oct. 12, 2016
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