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UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`MYLAN PHARMACEUTICALS INC.
`Petitioner
`
`v.
`
`QUALICAPS CO. LTD.
`Patent Owner
`
`U.S. Patent No. 6,649,180
`Filing Date: April 13, 2000
`Issue Date: November 18, 2003
`Title: HARD CAPSULE FORMED OF CELLULOSE ETHER FILM WITH A
`SPECIFIC CONTENT OF METHOXYL AND HYDROXYPROPOXYL
`GROUPS
`________________
`
`Inter Partes Review No. 2017-00203
`
`
`
`PETITIONER’S UNOPPOSED MOTION FOR PRO HAC VICE
`ADMISSION UNDER 37 C.F.R. § 42.10(c)
`
`

`
`
`
`
`
`In the Notice of Filing Date Accorded to Petition (“Notice”) mailed
`
`November 18, 2016, the Board authorized the parties to file motions for pro hac
`
`vice admission under 37 C.F.R. § 42.10(c). The Notice requires that such motions
`
`be filed in accordance with the “Order – Authorizing Motion for Pro Hac Vice
`
`Admission” in Case IPR2013-00639, Paper 7 (“Order”).
`
`Petitioner Mylan Pharmaceuticals, Inc. (“Petitioner”) hereby respectfully
`
`requests that the Board recognize Mr. Jonathan D. Olinger as counsel pro hac vice
`
`during this proceeding. This Motion is not opposed by Patent Owner.
`
`1. Time For Filing
`
`This Motion for Pro Hac Vice admission is filed no sooner than twenty-one
`
`(21) days after service of the petition, as required by the Order.
`
`2. Statement of Facts
`
`The following statement of facts shows that there exists good cause for the
`
`Board to recognize Mr. Olinger pro hac vice.
`
`Mr. Olinger is an experienced litigation attorney, and has been involved in
`
`numerous litigations involving patent infringement in federal courts across the
`
`country. Mr. Olinger has experience in jury and bench trials, Markman hearings,
`
`and Federal Circuit briefing in patent and trademark infringement litigation. Mr.
`
`Olinger’s biography is attached hereto as Exhibit 1015.
`
`
`
`- 1 -
`
`

`
`
`
`
`
`U.S. Patent No. 6,649,180 is currently asserted against Petitioner in Warner
`
`Chilcott (US), LLC et al. v. Mylan Pharmaceuticals, Inc., et al., Case No. 2:15-cv-
`
`01740-JRG-RSP (E.D. Texas) (the “co-pending litigation”). Mr. Olinger is
`
`counsel for Petitioner in the co-pending litigation, and as such, has an established
`
`familiarity with the subject matter at issue in this proceeding. In the co-pending
`
`litigation, Mr. Olinger has reviewed prior art, developed invalidity arguments,
`
`developed claim construction arguments, managed fact and expert discovery, and
`
`drafted motion papers. Petitioner has expended significant financial resources in
`
`the co-pending litigation with Mr. Olinger as counsel, and Petitioner wishes to
`
`continue using Mr. Olinger as counsel in this proceeding.
`
`Further, counsel for Patent Owner does not oppose Mr. Olinger appearing as
`
`pro hac vice in this proceeding.
`
`Therefore, Petitioner respectfully submits that there is good cause for the
`
`Board to recognize Mr. Olinger as counsel pro hac vice during this proceeding.
`
`3. Affidavit or Declaration of Individual Seeking to Appear
`
`This Motion for Pro Hac Vice Admission is accompanied by the declaration
`
`of Mr. Jonathan D. Olinger, as required by the Order.
`
`- 2 -
`
`
`
`
`
`

`
`
`
`
`
`Dated: December 21, 2016
`
`Respectfully submitted,
`
`By: s/Mitchell G. Stockwell
`Mitchell G. Stockwell
`Kilpatrick, Townsend & Stockton LLP
`1100 Peachtree Street NE, Suite 2800
`Atlanta, GA 30309-4528
`Registration No. 39,389
`
`Lead Counsel for Petitioner
`
`
`
`
`
`
`
`
`
`- 3 -
`
`

`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that this PETITIONER’S UNOPPOSED
`
`MOTION FOR PRO HAC VICE ADMISSION UNDER 37 C.F.R. § 42.10(c)
`
`was served December 21, 2016 via electronic service on the below counsel of
`
`record:
`
`Jessica L. Parezo
`Andrea G. Reister
`Covington & Burling LLP
`One CityCenter, 850 Tenth Street, NW
`Washington, DC 20001
`jparezo@cov .com
`areister@cov .com
`
`Mary Anne Armstrong
`Lynde F. Herzbach
`Birch, Stewart, Kolasch & Birch, LLP
`8110 Gatehouse Road, Suite 100 East
`Falls Church, VA 22042
`Phone: (703) 205-8000
`Fax: (703) 205-8050
`maa@bskb.com
`lynde.herzbach@bskb.com
`
`By: s/Mitchell G. Stockwell
`Mitchell G. Stockwell
`Registration No. 39,389
`Lead Counsel for Petitioner
`
`
`
`
`
`
`
`Dated: December 21, 2016
`
`
`
`
`
`
`
`
`12172370V.1
`
`- 4 -

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