`Filed: July 18, 2017
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`ACRUX DDS PTY LTD. & ACRUX LIMITED
`Petitioners,
`
`v.
`
`KAKEN PHARMACEUTICAL CO., LTD. and
`VALEANT PHARMACEUTICALS INTERNATIONAL, INC.,
`Patent Owner and Licensee
`
`
`
`Case: IPR2017-00190
`U.S. Patent No. 7,214,506
`
`
`
`
`DECLARATION OF BARBARA R. RUDOLPH, PH.D.
`IN SUPPORT OF PATENT OWNER’S UNOPPOSED MOTION FOR
`PRO HAC VICE ADMISSION
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Page 1 of 4
`
`
`
`
`
`I, Barbara R. Rudolph, Ph.D., declare the following:
`
`Case IPR2017-00190
`Patent No. 7,214,506
`
`1.
`
`I am a partner with the law firm of Finnegan, Henderson, Farabow,
`
`Garrett & Dunner, LLP, working in the firm’s office in Washington, DC.
`
`2.
`
`I am a member in good standing of the Pennsylvania Bar. My
`
`Pennsylvania Bar member number is 71608.
`
`3.
`
`I am also a member in good standing of the District of Columbia Bar.
`
`My District of Columbia Bar member number is 450039.
`
`4.
`
`Further, I am a member in good standing of the Colorado Bar. My
`
`Colorado Bar member number is 48231.
`
`5.
`
`I have not been suspended or disbarred from practice before any court
`
`or administrative body, except that I understand that I was temporarily suspended
`
`in 2005 from the District of Columbia Bar for the inadvertent non-payment of
`
`dues. I understand that I was shortly thereafter reinstated.
`
`6.
`
`I have never had a court or administrative body deny my application
`
`for admission to practice.
`
`7.
`
`I have not applied to appear pro hac vice before any other Patent Trial
`
`and Appeal Board (“PTAB”), or United States Patent and Trademark Office
`
`(“USPTO”), proceeding over the last three years.
`
`8.
`
`I have never had any court or administrative body impose sanctions or
`
`contempt citations against me.
`
`
`
` 2
`
`
`Page 2 of 4
`
`
`
`9.
`
`I have read and will comply with the Office Patent Trial Practice
`
`Case IPR2017-00190
`Patent No. 7,214,506
`
`
`
`Guide and the Board’s Rules of Practice for Trials, as set forth in Part 42 of the
`
`Code of Federal Regulations.
`
`10.
`
`I agree to be subject to the United States Patent and Trademark Office
`
`Code of Professional Responsibility set forth in 37 C.F.R. §§ 10.20 et seq., 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).
`
`11.
`
`I am an experienced litigation attorney with extensive experience with
`
`issues related to pharmaceutical matters, such as the subject of the patent at issue,
`
`U.S. Patent No. 7,214,506 (“the ’506 patent”). I have extensive experience in
`
`many patent infringement litigations in federal district courts, including experience
`
`with fact and expert document and deposition discovery, claim construction,
`
`Markman hearings, motion practice, trials, and hearings.
`
`12.
`
`I am familiar with the subject matter at issue in this proceeding,
`
`including the ’506 patent. I have reviewed the patent and its prosecution history. I
`
`am familiar with the petition, the asserted references, Dr. Walters’ expert
`
`declaration, and other papers that have been filed in this proceeding. I have also
`
`worked intimately with the preparation of declarations in support of Patent
`
`Owner’s Preliminary Response of February 2, 2017, and its Response, which is
`
`
`
` 3
`
`
`Page 3 of 4
`
`
`
`
`presently due August 1, 2017. I have significant knowledge of the clinical issues
`
`Case IPR2017-00190
`Patent No. 7,214,506
`
`that are relevant to this proceeding.
`
`12.
`
`I hereby declare that all statements 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
`
`and the like are punishable by fine, imprisonment, or both, under Section 1001 of
`
`Title 18 of the United States Code.
`
`
`
`Dated: July 18, 2017
`
`
`
`
`
`Respectfully Submitted,
`
` /Barbara R, Rudolph/
`Barbara R. Rudolph, Ph.D
`FINNEGAN, HENDERSON, FARABOW,
`GARRETT & DUNNER, LLP
`901 New York Avenue, NW
`Washington, DC 20001
`Telephone: (202) 408-4000
`Fax: (202) 408-4400
`barbara.rudolph@finnegan.com
`
`
`
`
`
`
` 4
`
`
`Page 4 of 4
`
`