`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________
`
`ACTAVIS LLC
`Petitioner,
`v.
`ABRAXIS BIOSCIENCE, LLC
`Patent Owner
`________________
`Case IPR2017-01101
`Patent 7,820,788
`________________
`
`PATENT OWNER’S UNOPPOSED MOTION FOR PRO HAC VICE
`ADMISSION OF ANDREW S. CHALSON AND DANIEL C. WIESNER
`
`File on behalf of: Abraxis Biosciences, LLC
`
`Filed: November 8, 2017
`
`
`
`
`
`
`
`
`Case IPR2017-01101
`Patent 7,820,788
`Patent Owner’s Motion for Pro Hac Vice Admission
`
`Patent Owner Abraxis Biosciences, LLC (“Abraxis”) hereby moves pursuant
`
`to 37 C.F.R. § 42.10(c) and the authorization provided by the Board in Paper No.
`
`3, for the admission pro hac vice of Andrew S. Chalson and Daniel C. Wiesner in
`
`the present inter partes review, such that they may be appointed additional back-up
`
`counsel for Patent Owner. Counsel for Abraxis consulted with counsel for
`
`Petitioner, Actavis LLC (“Actavis”), and Actavis agreed it would not oppose the
`
`present motion for pro hac vice admission of Mr. Chalson and Mr. Wiesner.
`
`I.
`
`TIME FOR FILING
`
`Pursuant to the authorization provided in Paper No. 3, this motion for pro
`
`hac vice admission is being filed no sooner than twenty-one (21) days after service
`
`of the Petition.
`
`II.
`
`STATEMENT OF FACTS
`
`A. Andrew S. Chalson
`
`Mr. Chalson is a member in good standing of the State Bar of New York,
`
`and has practiced patent litigation since 2005. Ex. 2064 ¶ 1.
`
`Mr. Chalson has never been suspended or disbarred from practice before any
`
`court or administrative body. Id. ¶ 2.
`
`Mr. Chalson has never had any application for admission to practice before
`
`any court or administrative body denied. Id. ¶ 3.
`
`04841-00014/9667892.1
`
`
`
`
`
`
`Mr. Chalson has never been the subject of any sanctions or contempt
`
`citations imposed by any court or administrative body. Id. ¶ 4.
`
`Mr. Chalson 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.
`
`Id. ¶ 5.
`
`Mr. Chalson will be subject to the USPTO Code of Professional
`
`Responsibility and disciplinary jurisdiction. Id. ¶ 6.
`
`In the past three years, Mr. Chalson has petitioned, and been granted
`
`approval, to appear pro hac vice before the Patent and Trademark Office in Case
`
`Nos. IPR2015-01092, -1096, -1102, and -1103. Id. ¶ 7. Mr. Chalson is also
`
`applying concurrently for admission in Case Nos. IPR2017-01103 and -1104. Id.
`
`Mr. Chalson has an established familiarity with the subject matter at issue in
`
`this inter partes review. Mr. Chalson is trial counsel for Abraxis in the patent
`
`litigation against Actavis concerning the patent challenged in the petition (Abraxis
`
`Bioscience, LLC et al. v. Actavis LLC, No. 2:16-cv-01925-JMV-MF (D.N.J.)). Id.
`
`¶ 8. As such, Mr. Chalson has obtained substantial familiarity with the involved
`
`patent, the prior art, and the various issues raised in this inter partes review. Id.
`
`B. Daniel C. Wiesner
`
`Mr. Wiesner is a member in good standing of the State Bar of New York,
`
`and has practiced patent litigation since 2004. Ex. 2065 ¶ 1.
`
`
`
`
`2
`
`
`
`
`
`Mr. Wiesner has never been suspended or disbarred from practice before any
`
`court or administrative body. Id. ¶ 2.
`
`Mr. Wiesner has never had any application for admission to practice before
`
`any court or administrative body denied. Id. ¶ 3.
`
`Mr. Wiesner has never been the subject of any sanctions or contempt
`
`citations imposed by any court or administrative body. Id. ¶ 4.
`
`Mr. Wiesner 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.
`
`Id. ¶ 5.
`
`Mr. Wiesner will be subject to the USPTO Code of Professional
`
`Responsibility and disciplinary jurisdiction. Id. ¶ 6.
`
`Mr. Wiesner has never before applied to appear pro hac vice before the
`
`Patent and Trademark Office. Mr. Wiesner is applying concurrently for admission
`
`in Case Nos. IPR2017-01103 and -1104. Id. ¶ 7.
`
`Mr. Wiesner has an established familiarity with the subject matter at issue in
`
`this inter partes review. Mr. Wiesner is trial counsel for Abraxis in the patent
`
`litigation against Actavis concerning the patent challenged in the petition (Abraxis
`
`Bioscience, LLC et al. v. Actavis LLC, No. 2:16-cv-01925-JMV-MF (D.N.J.)). Id.
`
`¶ 8. As such, Mr. Wiesner has obtained substantial familiarity with the involved
`
`patent, the prior art, and the various issues raised in this inter partes review. Id.
`
`
`
`
`3
`
`
`
`
`
`
`III. Conclusion
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`For the foregoing reasons, there is good cause to admit Mr. Chalson and
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`Mr. Wiesner on a pro hac vice basis to serve as additional back-up counsel for
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`Abraxis. Accordingly, Patent Owner respectfully requests that this Unopposed
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`Motion for Pro Hac Vice Admission be granted.
`
`Date: November 8, 2017
`
` Respectfully submitted,
`
` /
`
`
`
`
`
` J. Patrick Elsevier, Ph.D. /
`J. Patrick Elsevier, Ph.D. (Reg. No. 44,668)
`4655 Executive Drive, Suite 1500
`San Diego, CA 92121-3134
`Tel: (858) 314-1200
`Fax: (844) 345-3178
`jpelsevier@jonesday.com
`
`Counsel for Patent Holder
`Abraxis Bioscience, LLC
`
`
`
`
`
`
`4
`
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`The undersigned certifies that on the date indicated below a copy of
`
`the foregoing PATENT OWNER’S UNOPPOSED MOTION FOR PRO
`
`HAC VICE ADMISSION OF ANDREW S. CHALSON AND DANIEL C.
`
`WIESNER was served electronically by filing this document through the
`
`PTAB E2E System, as well as by e-mailing copies to the following counsel
`
`of record for Petitioner Actavis LLC:
`
`Lead Counsel
`Samuel S. Park
`WINSTON & STRAWN LLP
`35 W. Wacker Drive
`Chicago, IL 60601
`AbraxaneIPR@winston.com
`Tel.: 312-558-7931
`Fax: 312-558-5700
`
`
`
`Dated: November 8, 2017
`
`Backup Counsel
`George C. Lombardi
`Charles B. Klein
`Kevin E. Warner
`Eimeric Reig-Plessis
`WINSTON & STRAWN LLP
`35 W. Wacker Drive
`Chicago, IL 60601
`AbraxaneIPR@winston.com
`Tel.: 312-558-7931
`Fax: 312-558-5700
`
` /Lisamarie LoGiudice, Ph.D./
`Lisamarie LoGiudice, Ph.D. (Reg. No.
`71,047)
`JONES DAY
`250 Vesey Street
`New York, NY 10281-1047
`Telephone: 212-326-3939
`Facsimile: 212-755-7306
`
`Counsel for Patent Holder
`Abraxis Bioscience, LLC
`
`
`
`
`
`
`5
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`
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