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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`_____________________________
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`MYLAN TECHNOLOGIES, INC.,
`Petitioner,
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`v.
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`MONOSOL RX, LLC,
`Patent Owner.
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`_____________________________
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`Case IPR2017-00200
`Patent 8,603,514 B2
`_____________________________
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`DECLARATION OF TUNG-ON KONG IN SUPPORT OF PETITIONER’S
`MOTION FOR PRO HAC VICE ADMISSION
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`
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`0001
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`MYLAN - EXHIBIT 1028
`Mylan Technologies, Inc. v. Monosol RX, LLC
`IPR2017-00200
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`I, TUNG-ON KONG, hereby declare the following:
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`1.
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`I am a member in good standing at the state bar of California, as well
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`as numerous United States District Courts and the United States Court of Appeals
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`for the Federal Circuit.
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`2.
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`I have not been suspended or disbarred from practice before any court
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`or administrative body.
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`3.
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`I have never had an application for admission to practice before any
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`court or administrative body denied.
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`4.
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`No sanction or contempt citation has been imposed against me by any
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`court or administrative body.
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`5.
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`I have read and will comply with the Office Patent Trial Practice
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`Guide and the Board’s Rules of Practice for Trials set forth in part 42 of 37 C.F.R.
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`6.
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`I will be subject to the USPTO Rules of Professional Conduct set
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`forth in 37 C.F.R. §§ 11.101 et seq. and disciplinary jurisdiction under 37 C.F.R.
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`§§ 11.19(a).
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`7.
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`I am a patent litigation attorney with experience representing clients in
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`a number of United States District Courts. I have experience in all stages of
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`litigation, from preliminary injunction through trial and appeal, and across a wide
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`range of technologies, including pharmaceutical drugs, formulations, and dosages.
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`My biography is attached hereto as Exhibit A.
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`1
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`0002
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`8.
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`In a related matter involving U.S. Patent No. 8,603,514, I represent
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`Petitioner Mylan Technologies, Inc. in consolidated litigation currently pending in
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`the District of Delaware. See Indivior, Inc. et al. v. Mylan Technologies Inc. et al.,
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`No. 15-cv-1016-RGA. As a result, I have reviewed U.S. Patent No. 8,603,514, its
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`relevant file history, and the prior art (including the prior art at issue in this Inter
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`Partes Review proceeding). In addition, I have significant familiarity with claim
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`construction issues pertaining to U.S. Patent No. 8,603,514.
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`9.
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`I have performed a detailed review of the parties’ submissions in the
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`present Inter Partes Review proceeding and the Board’s Decision instituting Inter
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`Partes Review of U.S. Patent No. 8,603,514. Additionally, I serve an essential
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`role in this Inter Partes Review proceeding, including working with the present
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`Lead Counsel to prepare the Petitioner’s Petition. Based on the foregoing, I have a
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`detailed understanding of U.S. Patent No. 8,603,514 and the substantive and
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`technical issues involved in this proceeding.
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`10.
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`I have not previously applied for leave to appear pro hac vice before
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`the Office.
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`11.
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`I hereby declare that all statements made herein of my own
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`knowledge are true and that all statements made on information and belief are
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`believed to be true; and further that these statements are made with the knowledge
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`2
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`0003
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`that willful false statements and the like so made are punishable by fine or
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`imprisonment, or both, under Section 1001 of Title 18 of the United States Code.
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`Date: August 17, 2017
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`/ Tung-On Kong /
`Tung-On Kong
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`3
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`0004
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`EXHIBIT A
`EXHIBIT A
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`0005
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`0005
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`
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`Tung-On Kong - Attorney Biography - Wilson Sonsini Goodrich & Rosati
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`Page 1 of 1
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`Contact Information
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`One Market Plaza
`Spear Tower, Suite 3300
`San Francisco, CA 94105
`Phone | 415-947-2016
`tkong@wsgr.com
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`Areas of Expertise
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`Commercial Litigation
`Global Generics
`Patent Litigation
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`TUNG-ON KONG
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`Partner
`Litigation
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`EXPERIENCE:
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`T.O. Kong is a trial lawyer in Wilson Sonsini Goodrich & Rosati's litigation
`department. He focuses on patent infringement actions, with a particular
`emphasis on the representation of prominent generic pharmaceutical companies
`in Hatch-Waxman Act litigation. He has litigated patent and complex commercial
`cases in a variety of areas, including pharmaceutical products, semiconductor
`products, and wireless communication devices. T.O. has substantial courtroom
`experience in federal district courts across the country, including Delaware, New
`Jersey, Southern New York, Eastern New York, Northern Illinois, Western
`Wisconsin, Eastern Texas, Central California, and Northern California.
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`T.O. has been asked to speak at national conferences regarding Paragraph IV
`Disputes. His presentation topics have included at-risk launches, preliminary
`injunctions, and the generic perspective on the initial stages of a Paragraph IV
`lawsuit.
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`EDUCATION:
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`(cid:1) J.D., Tulane Law School, 1999
`Magna Cum Laude; Managing Editor, Tulane Maritime Law Journal; Judicial
`Extern with the United States District Court for the Eastern District of
`Louisiana to the Honorable Sara S. Vance
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`(cid:1) B.A., University of California, San Diego, 1993
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`ASSOCIATIONS AND MEMBERSHIPS:
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`(cid:1) Member, American Bar Association
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`(cid:1) Member, Association of Business Trial Lawyers
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`(cid:1) Member, Bar Association of San Francisco
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`ADMISSIONS:
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`(cid:1) State Bar of California
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`(cid:1) U.S. District Court for the Central District of California
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`(cid:1) U.S. District Court for the Northern District of California
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`(cid:1) U.S. Court of Appeals for the Federal Circuit
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`https://www.wsgr.com/WSGR/DBIndex.aspx?SectionName=attorneys/BIOS/5568.htm
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`8/15/2017
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`0006
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