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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`————————————————
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`————————————————
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`ACRUX DDS PTY LTD., ACRUX LIMITED, and
`ARGENTUM PHARMACEUTICALS LLC,
`Petitioners
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`v.
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`KAKEN PHARMACEUTICAL CO., LTD. and
`VALEANT PHARMACEUTICALS INTERNATIONAL, INC.
`Patent Owners.
`————————————————
`
`Case: IPR2017-00190
`U.S. Patent No. 7,214,506
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`————————————————
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`ACRUX’S UNOPPOSED
`MOTION FOR PRO HAC VICE ADMISSION OF
`WILLIAM A. RAKOCZY PURSUANT TO 37 C.F.R. § 42.10(C)
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`
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`I.
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`RELIEF REQUESTED.
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`
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`Pursuant to 37 C.F.R. § 42.10(c) authorizing motions for pro hac vice
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`admission of back-up counsel, Petitioners Acrux DDS Pty Ltd. and Acrux Limited
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`(“Acrux”) request that the Board admit William A. Rakoczy pro hac vice in this
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`proceeding, IPR2017-00190. Counsel for Acrux have met and conferred with
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`counsel for Patent Owner, and Patent Owner does not oppose this motion.
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`II.
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`STATEMENT OF FACTS.
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`Pursuant to 37 C.F.R. § 42.10(c), the Board
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`may recognize counsel pro hac vice during a proceeding upon a
`showing of good cause, subject to the condition that lead counsel be a
`registered practitioner and to any other conditions as the Board may
`impose. For example, where the lead counsel is a registered
`practitioner, a motion to appear pro hac vice by counsel who is not a
`registered practitioner may be granted upon showing that counsel is an
`experienced litigating attorney and has an established familiarity with
`the subject matter at issue in the proceeding.
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`37 C.F.R. § 42.10(c). The facts, supported by the attached Declaration of William
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`A. Rakoczy in Support of Motion for Admission Pro Hac Vice (Exhibit A)
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`(“Rakoczy Decl.”), establish good cause to recognize Mr. Rakoczy pro hac vice in
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`this proceeding.
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`1.
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`Lead counsel Tara M. Raghavan is a registered practitioner before the
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`USPTO.
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`2.
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`Back-up counsel Steven J. Birkos is a registered practitioner before
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`the USPTO.
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`
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`
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`3. William A. Rakoczy is an experienced litigating attorney. Mr.
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`Rakoczy has been a litigating attorney for more than 20 years. (Rakoczy Decl. ¶
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`1). Mr. Rakoczy has been litigating patent cases for at least 20 years. (Id. ¶ 2).
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`Mr. Rakoczy is a member in good standing of the Illinois State Bar, with no
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`suspensions or disbarments from practice, nor any application for admission to
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`practice denied, nor any sanctions or contempt citations, and is admitted to practice
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`in the Supreme Court of the United States, United States Court of Appeals for the
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`Federal Circuit, United States Court of Appeals for the Seventh Circuit, United
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`States Court of Appeals for the District of Columbia Circuit, United States Court of
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`Appeals for the Fourth Circuit, United States Court of Appeals for the Third
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`Circuit, and the United States District Courts for the Northern District of Illinois,
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`Western District of Wisconsin, District of Columbia, Western District of Michigan,
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`and District of Colorado. (Id. ¶¶ 3-5).
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`4. Mr. Rakoczy has familiarity with the subject matter at issue in this
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`proceeding and, more specifically, he is familiar with the patent at issue in this
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`proceeding—U.S. Patent No. 7,214,506 (“the ‘506 patent”). (Rakoczy Decl. ¶ 7).
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`Mr. Rakoczy is currently advising Acrux on patent matters relating to the subject
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`matter claimed in the patent at issue in this proceeding. (Id.). Mr. Rakoczy has
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`become intimately familiar with the subject matter of the ‘506 patent and the prior
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`art raised in the Petition. (Id.).
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`
`
`2
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`
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`5. Mr. Rakoczy has read and will comply with the Office Patent Trial
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`Practice Guide and the Board’s Rules for Practice for Trials set forth in part 42 of
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`the C.F.R, and he agrees to be subject to the USPTO Code of Professional
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`Responsibility set forth in 37 C.F.R. §§11.101 et seq., and to disciplinary
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`jurisdiction under 37 C.F.R. §11.19(a). (Rakoczy Decl. ¶¶ 8-9).
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`6.
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`In the last three (3) years, Mr. Rakoczy has applied to appear and has
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`been admitted pro hac vice in three inter partes review proceedings, Lupin
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`Limited v. Janssen R&D Ireland, Case IPR2015-01030, Novo Nordisk Inc., v.
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`Nextar Therapeutics, Case IPR2016-01384, and Mylan Pharmaceuticals Inc. v.
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`Genentech, Inc. & City of Hope, Case IPR2016-00710. (Rakoczy Decl. ¶ 10).
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`III. ANALYSIS.
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`The facts contained in the Statement of Facts above, and contained in the
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`Rakoczy Declaration, establish that there is good cause to admit Mr. Rakoczy pro
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`hac vice in this proceeding under 37 C.F.R. § 42.10(c). Lead and backup counsel
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`are registered practitioners, Mr. Rakoczy is an experienced litigating attorney, and
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`Mr. Rakoczy has an established familiarity with the subject matter at issue in the
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`proceeding. Admission of Mr. Rakoczy will further enable Acrux to be effectively
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`and efficiently represented before the Board in this proceeding, and in other
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`matters relating to the same subject areas. Lead and backup counsel will ensure
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`that Mr. Rakoczy follows the rules as set out by the Board.
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`
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`3
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`IV. CONCLUSION.
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`For the foregoing reasons, Acrux respectfully requests that the Board admit
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`William A. Rakoczy pro hac vice in this proceeding.
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`
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`Dated: September 25, 2018
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`By:
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`
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`
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`Respectfully submitted,
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`/s/ Tara M. Raghavan
`Tara M. Raghavan, Reg. No. 55,557
`RAKOCZY MOLINO MAZZOCHI SIWIK LLP
`6 W. Hubbard Street, Suite 500
`Chicago, Illinois 60654
`Telephone: (312) 222-6340
`Facsimile: (312) 222-6341
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`Counsel for Acrux DDS Pty Ltd. and Acrux
`Limited
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`4
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a true and correct copy of the
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`foregoing Acrux’s Unopposed Motion for Pro Hac Vice Admission of William A.
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`Rakoczy Pursuant to 37 C.F.R. § 42.10(c) was served on September 25, 2018, via
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`electronic mail by agreement of the parties, on the following:
`
`
`John D. Livingstone
`Finnegan, Henderson, Farabow, Garret & Dunner, L.L.P.
`271 17th Street, NW, Suite 1400
`Atlanta, GA 30363-6209
`john.livingstone@finnegan.com
`KakenIPR@finnegan.com
`
`Naoki Yoshida
`naoki.yoshida@finnegan.com
`Anthony Hartman
`anthony.hartman@finnegan.com
`Barbara R. Rudolph, Ph.D.
`barbara.rudolph@finnegan.com
`Finnegan, Henderson, Farabow, Garret & Dunner, L.L.P.
`901 New York Ave., NW
`Washington, DC 20001-4413
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`Toan P. Vo
`toan.vo@bausch.com
`Valeant Pharmaceuticals North America LLC
`1400 N. Goodman Street
`Rochester, New York 14609
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`Teresa Staneck Rea
`TRea@Crowell.com
`Shannon M. Lentz
`SLentz@Crowell.com
`Crowell & Moring LLP
`Intellectual Property Group
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`
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`
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`1001 Pennsylvania Ave, NW
`Washington, DC 2004-2595
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`Tyler C. Liu
`TLiu@agpharm.com
`Argentum Pharmaceuticals, LLC
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`Dated: September 25, 2018
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`By:
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`Respectfully submitted,
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`/s/ Tara M. Raghavan
`Tara M. Raghavan, Reg. No. 55,557
`Rakoczy Molino Mazzochi Siwik LLP
`6 W. Hubbard Street, Suite 500
`Chicago, Illinois 60654
`Telephone: (312) 222-6340
`Facsimile: (312) 222-6341
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`Counsel for Acrux DDS Pty Ltd. and Acrux
`Limited
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`2
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`
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