`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`EDWARDS LIFESCIENCES CORP., EDWARDS LIFESCIENCES LLC, AND
`EDWARDS LIFESCIENCES AG,
`
`Petitioners,
`
`v.
`
`BOSTON SCIENTIFIC SCIMED, INC.,
`
`Patent Owner.
`_______________
`
`Case IPR2017-00060
`Patent 8,992,608
`_______________
`
`Before the Honorable NEIL T. POWELL, JAMES A. TARTAL, and ROBERT L.
`KINDER, Administrative Patent Judges.
`
`DECLARATION OF MARC A. COHN IN SUPPORT OF
`MOTION FOR PRO HAC VICE ADMISSION
`
`
`
`I, Marc A. Cohn, declare:
`
`1.
`
`I am a partner at the law firm of Arnold & Porter Kaye Scholer LLP.
`
`I make this declaration in support of Patent Owner’s Motion for Pro Hac Vice
`
`Admission of Marc A. Cohn. I have personal knowledge of the facts set forth
`
`below.
`
`2.
`
`3.
`
`I am a member in good standing of the District of Columbia Bar.
`
`I am also admitted to practice and in good standing in the following
`
`United States courts:
`
`
`
`
`
`United States Court of Appeals for the First Circuit
`United States Court of Appeals for the Seventh Circuit
`United States Court of Appeals for the Federal Circuit
`
`4.
`
`I have never been suspended or disbarred from practice before any
`
`court or administrative body.
`
`5.
`
`I have never had an application for admission to practice before any
`
`court or administrative body denied.
`
`6.
`
`No sanctions or contempt citations have ever been imposed against
`
`me 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 title 37 of
`
`the Code of Federal Regulations.
`
`-2-
`
`
`
`8.
`
`I agree to be subject to the USPTO Rules of Professional Conduct set
`
`forth in 37 C.F.R. §§ 11.101 et seq. and disciplinary jurisdiction under 37 C.F.R.
`
`§ 11.19(a).
`
`9.
`
`I have applied to appear pro hac vice in one other proceeding before
`
`the USPTO in the last three years: IPR2016-00868. The USPTO granted my pro
`
`hac vice application in IPR2016-00868.
`
`10.
`
`I am an experienced litigation attorney. I have been practicing law
`
`since 2000 and have extensive experience litigating patent infringement cases in
`
`United States District Courts and the United States Court of Appeals for the
`
`Federal Circuit. I have participated in numerous patent infringement cases,
`
`wherein I have presented claim construction arguments during Markman hearings,
`
`argued motions for summary judgment and motions in limine, conducted
`
`depositions of expert witnesses regarding validity and infringement, and
`
`participated in multiple jury trials. I am well versed in the law regarding claim
`
`construction and obviousness.
`
`11.
`
`I have represented Boston Scientific Scimed, Inc. (“Patent Owner”)
`
`and its parent entity, Boston Scientific Corporation, in many of their patent
`
`litigation matters over the years, including with respect to medical devices. I have
`
`an established familiarity with Patent Owner and its business, medical devices,
`
`patent portfolio, in-house counsel, and litigation preferences and objectives.
`
`-3-
`
`
`
`12.
`
`I have an established familiarity with the subject matter at issue in this
`
`proceeding. I am counsel and technical lead for Patent Owner in the related district
`
`court litigation against Petitioner Edward Lifesciences Corporation, captioned
`
`Boston Scientific Corp. et al. v. Edwards Lifesciences Corp., Case No. 1:16-cv-
`
`00275-SLR-SRF (D. Del.). That litigation also involves U.S. Patent No. 8,992,608
`
`(the “‘608 patent”) and overlaps with this proceeding on a number of significant
`
`issues, including the technology disclosed and claimed in the ‘608 patent, the
`
`interpretation of the ‘608 patent’s claims, and the validity of the ‘608 patent. As
`
`counsel and technical lead, I have been heavily involved in all substantive
`
`decisions, including forming Patent Owner’s claim construction, infringement, and
`
`validity positions. As such, I have a substantial familiarity with the subject matter
`
`of this proceeding, including, inter alia, the ‘608 patent, its prior art, and the field
`
`of transcatheter aortic heart valves.
`
`13.
`
`If admitted pro hac vice in this proceeding, I expect to participate in
`
`depositions and potentially present part of the oral argument before the Board, if
`
`requested by either party.
`
`I declare under penalty of perjury that the foregoing is true and correct.
`
`Executed on May 9, 2017.
`
`/Marc A. Cohn/
`Marc A. Cohn
`
`-4-
`
`
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