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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________________
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`ARGENTUM PHARMACEUTICALS LLC
`Petitioner
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`v.
`
`CIPLA LIMITED
`Patent Owner
`
`_____________________
`
`CASE IPR2017-00807
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`U.S. Patent No. 8,168,620
`_____________________
`
`PATENT OWNER CIPLA LIMITED’S MOTION
`FOR PRO HAC VICE ADMISSION OF
`UMA N. EVERETT UNDER 37 C.F.R. § 42.10(c)
`
`
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`
`
`
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`
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`
`
`CIPLA LIMITED’S MOTION FOR PRO HAC VICE ADMISSION
`CASE IPR2017-00807
`
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`I. RELIEF REQUESTED
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`Pursuant to 37 C.F.R. § 42.10(c), Patent Owner Cipla Limited (“Cipla”)
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`requests the pro hac vice admission of Uma N. Everett in this proceeding. In email
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`correspondence between Petitioner and Patent Owner dated February 22, 2017,
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`Petitioner agreed not to oppose this motion. Patent Owner seeks pro hac vice
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`admission of Ms. Everett in advance of the filing of Patent Owner’s Preliminary
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`Response to the Petition.
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`II. GOVERNING LAW, RULES, AND PRECEDENT
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`Section 42.10(c) states as follows:
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`The Board 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.
`
`The Board has stated that motions for pro hac vice admission under 37 C.F.R.
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`§ 42.10(c) must be filed in accordance with the “Order – Authorizing Motion for Pro
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`- 1 -
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`CIPLA LIMITED’S MOTION FOR PRO HAC VICE ADMISSION
`CASE IPR2017-00807
`
`
`Hac Vice Admission” entered in Case IPR2013-00010 (MPT) (“Motorola Order”).
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`See, e.g., Case IPR 2012-00006 (SGL) (Paper 18); Case IPR2012-0035 (SGL) (Paper
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`13).
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`The Motorola Order requires that such motions (1) “[c]ontain a statement of
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`facts showing there is good cause for the Board to recognize counsel pro hac vice
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`during the proceeding;” and (2) “[b]e accompanied by an affidavit or declaration of
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`the individual seeking to appear attesting to the following”:
`
`ii.
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`i. Membership in good standing of the Bar of at least
`one State or the District of Columbia;
`No suspensions or disbarments from practice before
`any court or administrative body;
`iii. No application for admission to practice before any
`court or administrative body ever denied;
`iv. No sanctions or contempt citations imposed by any
`court or administrative body;
`The individual seeking to appear has read and will
`comply with the Office Patent Trial Practice Guide
`and the Board’s Rules of Practice for Trials set forth
`in part 42 of the C.F.R.;
`The individual will be subject to the USPTO Code
`of Professional Responsibility set forth in 37 C.F.R.
`
`v.
`
`vi.
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`- 2 -
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`CIPLA LIMITED’S MOTION FOR PRO HAC VICE ADMISSION
`CASE IPR2017-00807
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`§§ 10.20 et seq. and disciplinary jurisdiction under
`37 C.F.R. § 11.19(a);
`vii. All other proceedings before the Office for which
`the individual has applied to appear pro hac vice in
`the last three (3) years; and
`viii. Familiarity with the subject matter at issue in the
`proceeding.
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`III. STATEMENT OF FACTS
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`Based on the following facts, and supported by the Affidavit of Ms. Everett
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`(Ex. 2139) submitted herewith, Patent Owner requests the pro hac vice admission of
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`Uma N. Everett in this proceeding:
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`1.
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`Patent Owner’s lead counsel, Dennies Varughese, is a registered
`
`practitioner (Reg. No. 61,868).
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`2. Ms. Everett is a Director at the law firm of Sterne, Kessler, Goldstein
`
`and Fox P.L.L.C. (Ex. 2139 at ¶ 3.)
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`3. Ms. Everett is an experienced patent litigation attorney. Ms. Everett has
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`been a litigating attorney for more than 15 years. (Id. at ¶ 4.) Ms. Everett
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`has been litigating patent cases for more than 12 years during the entire
`
`time period. (Id.)
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`- 3 -
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`CIPLA LIMITED’S MOTION FOR PRO HAC VICE ADMISSION
`CASE IPR2017-00807
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`4. Ms. Everett is a member of good standing of the Bar of the District of
`
`Columbia. (Id. at ¶ 5.)
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`5. Ms. Everett has never been suspended or disbarred from practice before
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`any court or administrative body. (Id. at ¶ 6.)
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`6.
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`No application of Ms. Everett for admission to practice before any court
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`or administrative body has ever been denied. (Id. at ¶ 7.)
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`7.
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`No sanctions or contempt citations have ever been imposed against Ms.
`
`Everett by any court or administrative body. (Id. at ¶ 8.)
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`8. Ms. Everett has read and will comply with the Office Patent Trial
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`Practice Guide and the Board’s Rules of Practice for Trials set forth in
`
`part 42 of the C.F.R. (Id. at ¶ 9.)
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`9. Ms. Everett understands that she will be subject to the Office’s Rules of
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`Professional Conduct set forth in 37 C.F.R. §§ 11.101 et seq. and
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`disciplinary jurisdiction under 37 C.F.R. § 11.19(a). (Id. at ¶ 10.)
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`10. Ms. Everett has not applied to appear pro hac vice in any proceedings
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`before the Office in the past three years. (Id. at ¶ 11.)
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`- 4 -
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`CIPLA LIMITED’S MOTION FOR PRO HAC VICE ADMISSION
`CASE IPR2017-00807
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`IV. GOOD CAUSE EXISTS FOR THE PRO HAC VICE ADMISSION OF
`MS. EVERETT IN THIS PROCEEDING
`
`The Board 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. 37 C.F.R. §
`
`42.10(c). Patent Owner’s lead counsel, Dennies Varughese, Pharm.D., is a registered
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`practitioner. Based on the facts contained herein, as supported by Ms. Everett’s
`
`Affidavit, good cause exists to admit Ms. Everett pro hac vice in this proceeding.
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`Ms. Everett has an established familiarity with the subject matter at issue in
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`this proceeding. (Ex. 2139 at ¶¶ 12-14.)
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`Ms. Everett has reviewed in detail the pleadings submitted by Petitioner in this
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`proceeding. (Id. at ¶ 14.) Ms. Everett has reviewed in detail the challenged patent,
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`U.S. Patent No. 8,168,620 ("the ’620 patent"). (Id.at ¶ 12.) She has also reviewed in
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`detail exhibits relied upon by Petitioner, such as Exhibit 1003 (Declaration of Robert
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`Schleimer) and Exhibit 1004 (Declaration of Maureen Donovan). (Id.) Ms. Everett
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`has represented the Patent Owner and exclusive licensee (Meda Pharmaceuticals,
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`Inc.) in district court litigation that has been ongoing since December 2014. (Id. at ¶
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`13.) Ms. Everett has engaged in strategic and substantive discussions regarding this
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`- 5 -
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`CIPLA LIMITED’S MOTION FOR PRO HAC VICE ADMISSION
`CASE IPR2017-00807
`
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`proceeding with Dennies Varughese, Pharm.D., who is the lead counsel for Patent
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`Owner in this proceeding. (Id. at ¶ 15.)
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`In addition, Ms. Everett has extensive experience litigating patent cases in the
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`biotech and chemical arts and is familiar with the technological and scientific
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`principles relevant to the ’620 patent. (Id. ¶ 13.) Thus, Ms. Everett has an established
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`familiarity with the subject matter at issue in this proceeding. Ms. Everett’s
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`significant litigation experience and expertise will be of great value to the Patent
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`Owner in this proceeding particularly with respect to an upcoming deposition in this
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`proceeding.
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`Based on the facts contained herein, as supported by Ms. Everett’s Affidavit,
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`good cause exists to admit Ms. Everett pro hac vice in this proceeding.
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`- 6 -
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`CIPLA LIMITED’S MOTION FOR PRO HAC VICE ADMISSION
`CASE IPR2017-00807
`
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`V. CONCLUSION
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`For the foregoing reasons, Patent Owner respectfully requests that Ms. Everett
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`be admitted pro hac vice in this proceeding.
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`The Patent Trial and Appeal Board is hereby authorized to charge any fees
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`associated with this filing to Deposit Account 19-0036 (Customer ID No. 45324).
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`Respectfully Submitted,
`
` STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`
`
`
`
`
`
`
`Date: May 30, 2017
`1100 New York Avenue, N.W.
`Washington, D.C. 20005-3934
`(202) 371-2600
`
`Dennies Varughese
`Lead Attorney for Patent Owner
`Registration No. 61,868
`
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`- 7 -
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`CERTIFICATE OF SERVICE (37 C.F.R. § 42.6(e))
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`The undersigned hereby certifies that the above-captioned “Cipla Limited’s
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`Motion for Pro Hac Vice Admission of Uma N. Everett under 37 C.F.R. § 42.10(c)”
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`was served in its entirety on May 30, 2017, upon the following parties via email:
`
`Michael R. Houston: mhouston@foley.com
`Joseph P. Meara: jmeara@foley.com
`James P. McParland: jmcparland@foley.com
`ARG-dymista@foley.com
`
`FOLEY & LARDNER LLP
`321 North Clark Street
`Suite 2800
`Chicago, IL 60654
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`
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`
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`
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`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`
`
`
`Dennies Varughese
`
`
`Date: May 30, 2017
`Lead Attorney for Patent Owner
`1100 New York Avenue, N.W.
`Registration No. 61,868
`Washington, D.C. 20005-3934
`(202) 371-2600
`
`
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