`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`ALKERMES PHARMA IRELAND LTD.
`
`and ALKERMES, INC.,
`
`Petitioner,
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`OTSUKA PHARMACEUTICAL CO., LTD.,
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`Patent Owner
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`Case: IPR2017-00287
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`Patent NO. 9,125,939 B2
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`DECLARATION OF NICHOLAS K. MITROKOSTAS IN SUPPORT OF
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`PETITIONERS’ MOTION FOR PRO HAC VICE ADMISSION UNDER 37
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`C.F.R. § 42.10(c)
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`1 Of5
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`Alkermes, Ex. ‘I077
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`1 of 5
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`Alkermes, Ex. 1077
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`
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`I, Nicholas K. Mitrokostas, declare as follows:
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`1.
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`I obtained a BA. from Harvard College in 1999, and a J.D. from
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`Georgetown University Law Center in 2003.
`
`2.
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`I am currently a partner in the law firm of Goodwin Procter LLP, a
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`position which I have held since 2011. In my 12 years of law practice, I have
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`focused primarily on representing clients in patent litigations involving the
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`pharmaceutical and chemical arts in United States district courts and the Court of
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`Appeals for the Federal Circuit. Through this work, I have gained extensive
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`experience as a litigating attorney, particularly in patent cases.
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`3.
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`I am a member in good standing of the Bars of the Commonwealth of
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`Massachusetts and the State of New York. I am admitted to practice before the
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`United States District Court for the District of Massachusetts. I am also admitted
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`to practice before the United States Court of Appeals for the Federal Circuit, and
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`the Supreme Court of the United States.
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`4.
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`In the past three years, I have successfully applied to appear pro hac
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`vice before the Office in the following proceedings: IPR20l5-00643, IPR201 S-
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`00644, and IPR20l5-00830 (all on behalf of Yeda Research and Development Co.
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`Ltd.), and IPR20l5-01835 and IPR2015—01836 (both on behalf of The Trustees of
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`the University of Pennsylvania).
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`2 of5
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`Alkermes, Ex. ‘I077
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`2 of 5
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`Alkermes, Ex. 1077
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`5.
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`I have over a decade of experience litigating patent cases involving
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`the chemical and pharmaceutical arts. Below is a brief listing of some of the recent
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`cases I have litigated in this area:
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`a.
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`Trial counsel in Pfizer Inc. er al. v. IVAX Pharmaceuticals Inc. ,
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`Case No. 2:07—cv—00 1 74—DMC~1\/[F (D.N.J.)
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`b.
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`Trial counsel in In Re Bendamustine Consolidated Cases, Case
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`No. 1:13—cv-02046-GMS (D. Del.)
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`c.
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`Trial and appellate counsel in Teva Pharmaceuticals USA, Inc.
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`at al v. Sandoz, Inc. et al. , Case No. 1:08-cv-07611-WI-[P-AJP
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`(S.D.N.Y.)
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`d.
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`Trial counsel in In re Copaxone 40 mg Consolidated Cases,
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`Case No. 14-cv-.01 171 —~ GMS (D.Del.)
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`6.
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`I have substantial familiarity with the subject matter at issue in this
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`proceeding. I have developed a strong familiarity with U.S. Patent No. 9,125,939,
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`its prosecution history, its general subject matter, and the prior art references relied
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`upon by Petitioners in support of its invalidity grounds in this proceeding. In
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`addition, I have advised and counseled Petitioners regarding these patents.
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`Furthermore, I have thoroughly reviewed the Petition and accompanying Exhibits
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`submitted in this proceeding.
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`3 of5
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`Alkermes, Ex. ‘I077
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`3 of 5
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`Alkermes, Ex. 1077
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`7.
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`I have never been suspended or disbarred from practice before any
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`court or administrative body.
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`8.
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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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`9.
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`I have never been subj ect to any sanction or contempt citation
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`imposed by any court or administrative body.
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`10.
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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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`11.
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`I agree to 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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`1 1.19(a).
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`12.
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`I declare under penalty of perjury that the foregoing is true and
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`correct. I filrther declare that all statements made herein of my own knowledge are
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`true and that all statements made on infonnation and belief are believed to be true;
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`and further that these statements were made with the knowledge that willful false
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`statements and the like so made are punishable by fine or imprisonment, or both,
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`under section 1001 of title 18 of the United States Code, and that such willful false
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`statements may jeopardize the validity of the application or any patent issued
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`thereon.
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`4 of5
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`Alkermes, Ex. ‘I077
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`4 of 5
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`Alkermes, Ex. 1077
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`
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`Executed on: January 26, 2017
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`/,
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`Nicholas K. Mitrokostas
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`5 of5
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`Alkermes, Ex. ‘I077
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`5 of 5
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`Alkermes, Ex. 1077
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