`Gindler Declaration
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`MERCK SHARP & DOHME CORP.,
`Petitioner,
`
`y.
`
`GENENTECH, INC. AND CITY OF HOPE,
`Patent Owners.
`
`Case IPR2016-01373
`U.S. Patent 6,331,415
`
`DECLARATION OF DAVID I. GINDLER IN SUPPORT OF
`MOTION FOR ADMISSION PRO HAC VICE
`
`1
`
`Merck v. Genentech
`IPR2016-01373
`Genentech Exhibit 2004
`
`
`
`Case No. IPR2016-01373
`Gindler Declaration
`
`I, David I. Gindler, declare as follows:
`
`1.
`
`2.
`
`I am an attorney licensed to practice law in the State of California.
`
`I am a member in good standing of the State Bar of California. I am also
`
`admitted to practice before the United States Supreme Court, the United
`
`States Court of Appeals for the Federal Circuit, the United States Court of
`
`Appeals for the Ninth Circuit, the United States Court of Appeals for the
`
`Seventh Circuit, and the United States District Courts in the Northern,
`
`Central, Eastern and Southern Districts of California.
`
`3.
`
`I am a member in good standing in all jurisdictions where I have been
`
`admitted to practice.
`
`4.
`
`I have never been suspended or disbarred from practice before any court or
`
`administrative body.
`
`5.
`
`I have never had an application denied for admission to practice before any
`
`court or administrative body.
`
`6.
`
`I have never had any sanctions or contempt citations imposed by any court
`
`or administrative body.
`
`7.
`
`I have read and will comply with the Office Patent Trial Practice Guide and
`
`the Board's Rules of Practice for Trials set forth in part 42 of 37 C.F.R.
`
`2
`
`
`
`Case No. IPR2016-01373
`Gindler Declaration
`
`8.
`
`I agree to be subject to the USPTO Rules of Professional Conduct set forth
`
`in 37 C.F.R. §§ 11.101 etseq., and disciplinary jurisdiction under 37 C.F.R.
`
`§ 11.19(a).
`
`9.
`
`In the last three (3) years, I have appeared Pro Hac Vice before the Patent
`
`Trial and Appeal Board once, in the following case: Boehringer Ingelheim
`
`International GmbH and Boehringer Ingelheinm Pharmaceuticals, Inc. v.
`
`Genentech, Inc. andBiogen, Inc., Case IPR2015-00415.
`
`10.
`
`I am a partner at the law firm of Irell & Manella LLP. I have been litigating
`
`patent cases for over 19 years, including cases involving co-pending
`
`proceedings in the United States Patent and Trademark Office. I have
`
`handled patent cases relating to recombinant antibodies for more than twelve
`
`years.
`
`11. For example, I have been involved in numerous cases relating to U.S. Patent
`
`No. 6,331,415 ("the '415 patent"), which is directed to certain fundamental
`
`techniques for the expression of recombinant antibodies. In those cases, I
`
`have represented City of Hope and have worked closely with Genentech,
`
`Inc., which are the co-owners of the '415 patent.
`
`12.
`
`I have carefully reviewed and have developed extensive familiarity with the
`
`matters involved in and implicated by these proceedings, including the '415
`
`3
`
`
`
`Case No. IPR2016-01373
`Gindler Declaration
`
`patent and its file history, the prior art presented in the petition, and the legal
`
`and factual issues raised by the Petitioner in this proceeding.
`
`13. Based on my knowledge of and familiarity with the matters identified above,
`
`and in view of my significant experience in litigating patent cases involving
`
`recombinant antibodies, I believe I am well qualified to participate as
`
`counsel in this proceeding.
`
`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 and that such
`
`willful false statements may jeopardize the validity of U.S. Patent No.
`
`6,331,415.
`
`Respectfully submitted,
`
`David I. Gindler
`IRELL & MANELLA LLP
`1800 Avenue of the Stars, Suite 900
`Los Angeles, CA 90067
`dgindler@irell. com
`Tel.: 310-203-7000
`Fax: 310-203-7199
`
`Dated: August 22, 2016
`
`4
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