`
`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 IPR2016-01566
`Patent 9,173,859 B2
`
`Filed: December 1, 2016
`
`DECLARATION OF CHARLES A. NAGGAR
`IN SUPPORT OF MOTION FOR ADMISSION
`PRO HAC VICE
`
`
`
`Case IPR2016-01566
`Patent 9,173,859 B2
`I, Charles A. Naggar, hereby declare under penalty of perjury:
`
`1.
`
`I am an attorney with the law firm of Alston & Bird LLP. I have been
`
`a practicing attorney since 2015.
`
`2.
`
`3.
`
`I am a member in good standing of the Bar of the State of New York.
`
`I have never been suspended or disbarred from practice before any court
`
`or administrative body.
`
`4.
`
`I have never been denied admission to practice before any court or
`
`administrative body.
`
`5.
`
`I have never been subject to sanctions or contempt citations imposed
`
`by any court or administrative body.
`
`6.
`
`I have read and will comply with Office Patent Trial Practice Guide and
`
`the Board’s Rules of Practice for Trials, as set forth in title 37, part 42 of the Code
`
`of Federal Regulations (C.F.R.).
`
`7.
`
`I agree to be subject to the United States Patent and Trademark Office
`
`Rules of Professional Responsibility set forth in parts 10 and 11 of 37 C.F.R. and to
`
`disciplinary jurisdiction under 37 C.F.R.§ 11.19(a).
`
`8.
`
`I have not appeared pro hac vice in any proceedings before the United
`
`States Patent and Trademark Office in the past three (3) years. I am, however, filing
`
`concurrent motions for pro hac vice admission in the following proceedings:
`
`IPR2016-01563, IPR2016-01564, and IPR2016-01565.
`
`Mylan Ex. 1019, Page 2
`
`
`
`Case IPR2016-01566
`Patent 9,173,859 B2
`9.
`I am an experienced litigating attorney and have specific experience in
`
`patent law and patent litigation. I have represented clients in numerous patent
`
`infringement actions across the country in various technical areas, including actions
`
`involving medicine, pharmaceuticals, medicinal chemistry, drug development, and
`
`methods of treatment.
`
`10.
`
`I have an established familiarity with the subject matter at issue in this
`
`proceeding. Specifically, I have reviewed the challenged patent, the Petition, and the
`
`accompanying exhibits and am familiar with the relevant prior art. As a result of my
`
`representation of Petitioner in Boehringer Ingelheim Pharmaceuticals Inc. et al v.
`
`HEC Pharm Co., Ltd. et al, Case No. 3:15-cv-05982-PGS-TJB (D.N.J.), I have
`
`acquired substantial understanding of the technology at issue in this IPR.
`
`Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury that the
`
`foregoing is true and correct and that all statements made herein of my own
`
`knowledge are true and that all opinions expressed herein are my own; and further
`
`that these statements were made with the knowledge that willful false statements and
`
`the like are punishable by fine or 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 the application or any patent issued thereon.
`
`/ Charles A. Naggar /
`Charles A. Naggar
`
`December 1, 2016
`Date
`
`Mylan Ex. 1019, Page 3
`
`
`
`Case IPR2016-01566
`Patent 9,173,859 B2
`
`CERTIFICATE OF SERVICE
`Pursuant to 37 C.F.R. §42.6(e), the undersigned hereby certifies that, on the
`
`1st day of December, 2016 a complete copy of the foregoing “DECLARATION
`
`OF CHARLES A. NAGGAR IN SUPPORT OF MOTION FOR ADMISSION
`
`PRO HAC VICE” was served 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
`Tel: (212) 446-4800
`
`Mylan Ex. 1019, Page 4
`
`
`
`Case IPR2016-01566
`Patent 9,173,859 B2
`Fax: (212) 446-4900
`
`Dated: December 1, 2016
`
`/ Thomas J. Parker /
`Thomas J. Parker
`(Reg. No. 42,062)
`
`Mylan Ex. 1019, Page 5
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