`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`MYLAN PHARMACEUTICALS INC.,
`Petitioner
`
`v .
`
`BOEHRINGER INGELHEIM INTERNATIONAL GMBH,
`Patent Owner.
`
`Case IPR2016-01564
`Patent 8,846,695 B2
`
`Mailed: September 7, 2016
`
`MOTION FOR ADMISSION PRO HAC VICE OF
`CHRISTOPHER L. MCARDLE
`
`
`
`Case IPR2016-01564
`Patent 8,846,695 B2
`Pursuant to 37 C.F.R. §§ 42.10(b) and (c), Petitioner, Mylan Pharmaceuticals
`
`Inc., hereby moves for the admission of Christopher L. McArdle, a member of the
`
`Bar of the State of New York, as co-counsel for Petitioner in this inter partes review
`
`(“IPR”) proceeding. An appropriate power of attorney from Petitioner so appointing
`
`Mr. McArdle was filed with the Petition. See Paper 1. Filed concurrently herewith
`
`are similar motions for pro hac vice admission in IPR2016-01563, IPR2016-01565,
`
`and IPR2016-01566.
`
`Mr. McArdle holds a B.A. degree in Chemistry from Washington University in
`
`St. Louis and a J.D. degree from Tulane University. Mr. McArdle is a member in
`
`good standing with the Bar of the State of New York. Exhibit 1023 ¶ 2. He has never
`
`been suspended, disbarred, sanctioned, denied admission to practice, or cited for
`
`contempt by any court or administrative body. Id. at ¶¶ 3-5.
`
`Mr. McArdle is an experienced patent litigator and is co-counsel in the litigation
`
`involving the patent at
`
`issue in this IPR proceeding, Boehringer Ingelheim
`
`Pharmaceuticals Inc. et al v. HEC Pharm Co., Ltd. et al, Case No. 3:15-cv-05982-
`
`PGS-TJB (D.N.J.). Exhibit 1023 ¶¶ 1, 9-10. He has become intimately familiar with
`
`the patent at issue in this proceeding as well as related patents, including certain
`
`purported prior art references and Petitioner’s arguments as to why the claims at issue
`
`are invalid in view of the Petitioner’s prior art. Mr. McArdle’s technical experience
`
`will aid Petitioner in this proceeding. He also satisfies the remaining conditions for
`
`2
`
`
`
`Case IPR2016-01564
`Patent 8,846,695 B2
`admissibility identified by the Board. Exhibit 1023 ¶¶ 6-8.
`
`Petitioner moves for the admission of Mr. McArdle to designate him as back-
`
`up counsel in this IPR, in view of his knowledge, familiarity and experience with
`
`the subject matter of this IPR. Although Mr. McArdle is not a registered USPTO
`
`practitioner, Petitioner’s undersigned lead counsel is registered and remains on this
`
`case.
`
`Dated: September 7, 2016
`
`Respectfully submitted,
`
`/ Thomas J. Parker /
`Thomas J. Parker
`Reg. No. 42,062
`ALSTON & BIRD LLP
`90 Park Avenue, 15th Floor
`New York, NY 10016
`Telephone: 212.210.9400
`Fax: 212.210.9444
`Thomas.parker@alston.com
`
`Counsel for Petitioner
`
`3
`
`
`
`Case IPR2016-01564
`Patent 8,846,695 B2
`
`CERTIFICATE OF SERVICE
`Pursuant to 37 C.F.R. §42.6(e), the undersigned hereby certifies that, on the
`
`7th day of September, 2016 a complete copy of the foregoing “MOTION FOR
`
`ADMISSION PRO HAC VICE OF CHRISTOPHER L. MCARDLE” was served
`
`via e-mail on counsel for Patent Owner:
`
`Leora Ben-Ami (Reg. No. 32455)
`Email: leora.benami@kirkland.com
`KIRKLAND & ELLIS LLP
`601 Lexington Avenue
`New York, New York 10022
`Tel: (212) 446-4800
`Fax: (212) 446-4900
`Eugene Goryunov (Reg. No. 61,579)
`Email: eugene.goryunov@kirkland.com
`KIRKLAND & ELLIS LLP
`300 North LaSalle
`Chicago, Illinois 60654
`Tel: (312) 862-2000
`Fax: (312) 862-2200
`Jeanna Wacker (Pro Hac Vice Pending)
`Email: jeanna.wacker@kirkland.com
`KIRKLAND & ELLIS LLP
`601 Lexington Avenue
`New York, New York 10022
`Tel: (212) 446-4800
`Fax: (212) 446-4900
`Mira Mulvaney (Reg. No. 69,850)
`Email: mira.mulvaney@kirkland.com
`KIRKLAND & ELLIS LLP
`601 Lexington Avenue
`New York, New York 10022
`
`4
`
`
`
`Case IPR2016-01564
`Patent 8,846,695 B2
`Tel: (212) 446-4800
`Fax: (212) 446-4900
`Dated: September 7, 2016
`
`/ Thomas J. Parker /
`Thomas J. Parker
`(Reg. No. 42,062)
`
`5
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