`Durie Declaration
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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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`MERCK SHARP & DOHME CORP.,
`Petitioner,
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`v.
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`GENENTECH, INC. AND CITY OF HOPE,
`Patent Owners.
`____________________________________________
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`Case IPR2016-01373
`U.S. Patent 6,331,415
`____________________________________________
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`DECLARATION OF DARALYN J. DURIE IN SUPPORT OF PATENT
`OWNERS’ MOTION FOR PRO HAC VICE ADMISSION
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`Merck v. Genentech
`IPR2016-01373
`Genentech Exhibit 2002
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`I, Daralyn J. Durie, declare as follows:
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`Case No. IPR2016-01373
`Durie Declaration
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`1.
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`2.
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`I am an attorney licensed to practice law in the State of California.
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`I am a partner at the law firm Durie Tangri LLP and have litigated
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`cases relating to patents for over 20 years.
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`3.
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`I am a member in good standing of the State Bar of California and the
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`United States Court of Appeal for the Federal Circuit. I am also admitted to
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`practice before the California Supreme Court, the United States Court of Appeals
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`for the 3rd Circuit, the United States Court of Appeals for the 8th Circuit, the United
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`States Court of Appeals for the 9th Circuit, the United States District Court of
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`Colorado, and the United States District Courts in the Central, Eastern, Northern
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`and Southern Districts of California.
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`4.
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`I am a member in good standing in all jurisdictions where I have been
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`admitted to practice.
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`5.
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`I have never been suspended or disbarred from practice before any
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`court or administrative body.
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`6.
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`I have never had an application denied for admission to practice
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`before any court or administrative body.
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`7.
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`I have not had any sanctions or contempt citations imposed against me
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`Case No. IPR2016-01373
`Durie Declaration
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`by any court or administrative body.
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`8.
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`I have read and will comply with the Office Patent Trial Practice
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`Guide and the Board’s Rules of Practice for Trials set forth in part 42 of 37 C.F.R.
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`9.
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`I agree to be subject to the USPTO Rules of Professional Conduct set
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`forth in 37 C.F.R. §§ 11.101 et seq., and disciplinary jurisdiction under 37 C.F.R. §
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`11.19(a).
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`10.
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`In the last three (3) years, I have appeared Pro Hac Vice before the
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`Patent Trial and Appeal Board in the following cases: Sanofi-Aventis U.S. LLC
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`and Regeneron Pharmaceuticals, Inc. v. Genentech, Inc. and City of Hope,
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`IPR2015-01624; Genzyme Corporation v. Genentech, Inc. and City of Hope,
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`IPR2016-00460 (pro hac vice motion filed) (joined with IPR2015-01624);
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`Genzyme Corporation v. Genentech, Inc. and City of Hope, IPR2016-00383 (pro
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`hac vice motion filed) (not instituted).
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`11.
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`I have an established familiarity with the subject matter at issue in this
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`proceeding. I have handled patent cases relating to recombinant antibodies for
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`more than twelve years, including six cases wherein U.S. Patent No. 6,331,415
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`(“the ’415 patent”) was a patent-in-suit. In all of these cases involving the ’415
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`patent, I have represented Genentech and in some instances, City of Hope. In
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`several of these cases, I have worked closely with Adam R. Brausa, counsel for
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`Patent Owners in this matter.
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`12. Additionally, I have carefully reviewed and has developed extensive
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`familiarity with the matters involved in and implicated by these proceedings,
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`including the ’415 patent and its file history, the prior art presented in the petition,
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`and the legal and factual issues raised by the Petitioner in this proceeding. As a
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`result, I have acquired substantial understanding of the underlying legal and
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`technological issues at stake in this proceeding.
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`13.
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`I hereby declare that all statements made herein of my own
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`knowledge are true and that all statements made on information and belief are
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`believed to be true; and further that these statements are made with the knowledge
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`that willful false statements and the like so made are punishable by fine or
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`imprisonment, or both, under Section 1001 of Title 18 of the United States Code
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`and that such willful false statements may jeopardize the validity of U.S. Patent
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`No. 6,331,415.
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`Date: August 4, 2016
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`Daralyn J. Durie
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`Durie Tangri LLP
`217 Leidesdorff Street
`San Francisco, CA 94111
`ddurie@durietangri.com
`Tel: 415-362-6666
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`ActiveUS 157053746v.1
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