UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`Celltrion, Inc.
`Petitioner,
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`v.
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`Genentech, Inc.
`Patent Owner
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`Case IPR2017-01373
`Patent 6,407,213
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`PETITIONER’S MOTION FOR PRO HAC VICE
`ADMISSION OF ROBERT V. CERWINSKI
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`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`Celltrion, Inc.
`Petitioner,
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`
`
`v.
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`Genentech, Inc.
`Patent Owner
`
`Case IPR2017-01373
`Patent 6,407,213
`
`PETITIONER’S MOTION FOR PRO HAC VICE
`ADMISSION OF ROBERT V. CERWINSKI
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`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`Petitioner Celltrion, Inc. respectfully requests the pro hac vice admission of
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`Robert V. Cerwinski in this proceeding, IPR2017-01373, U.S. Patent No.
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`6,407,213 (“the ’213 patent”), pursuant to 37 C.F.R. § 42.10(c).
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`I.
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`THE REQUEST IS TIMELY
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`As stated in the Board’s April 11, 2017 Notice of Filing Date Accorded, any
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`motion for pro hac vice admission must be filed in accordance with the guidance
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`specified in the “Order Authorizing Motion for Pro Hac Vice Admission,” entered
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`in Case IPR2013-00639 (Paper 7). (“PHV Admission Order”). According to that
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`guidance, pro hac vice motions can be filed no sooner than (21) days after service
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`of the Petition. This pro hac vice motion is filed more than 21 days after the
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`service of the Petition and is therefore timely.
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`II.
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`STATEMENT OF FACTS
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`As required by the PHV Admission Order, the following statement of facts
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`shows that there is good cause for the Board to recognize Mr. Cerwinski pro hac
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`vice. A declaration by Mr. Cerwinski, containing the required statements and
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`information, is submitted herewith. (Ex. 1137).
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`1.
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`Cynthia Lambert Hardman, lead counsel for Petitioner Celltrion, Inc.
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`in this proceeding, is a registered practitioner holding Registration No. 53,179.
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`2. Mr. Cerwinski is a partner with Goodwin Procter LLP.
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`3. Mr. Cerwinski is an experienced litigating attorney. Mr. Cerwinski
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`has been practicing law since 1997 and has extensive experience litigating patent
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`infringement cases in many different district courts across the United States.
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`4. Mr. Cerwinski’s experience in patent litigation matters includes patent
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`bench and jury trials, patent summary judgment proceedings, and other patent-
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`related hearings and pleadings concerning, inter alia, patent validity and
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`infringement issues. Mr. Cerwinski has also represented clients’ appeals before the
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`Court of Appeals for the Federal Circuit resulting from cases tried by Mr. Cerwinski
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`and in other cases.
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`5. Mr. Cerwinski has an established familiarity with the subject matter at
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`issue in this proceeding. Specifically, Mr. Cerwinski represents that he has
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`reviewed the Petition and accompanying exhibits filed in this matter and all other
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`papers associated with this proceeding, and has studied the ’213 patent.
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`Additionally, he is involved with other IPRs on behalf of Celltrion directed to
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`related subject matter, including IPR2017-01374, IPR2017-01121, IPR2017-01122,
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`IPR2017-01139, IPR2017-01140, and IPR2017-00959 (which is now terminated).
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`6. Mr. Cerwinski is a member in good standing of the Bar of the State of
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`New York.
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`7. Mr. Cerwinski has never been suspended or disbarred from practice
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`before any court or administrative body.
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`2
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`8.
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`No application of Mr. Cerwinski for admission to practice before any
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`court or administrative body has ever been denied.
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`9.
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`No sanctions or contempt citations have been imposed against
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`Mr. Cerwinski by any court or Administrative Body.
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`10. Mr. Cerwinski has stated that he read and stated that he will comply
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`with the Office Patent Trial Practice Guide and the Board’s Rules of Practice for
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`Trials set forth in part 42 of 37 C.F.R.
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`11. Mr. Cerwinski has sworn that he understands that he will be subject to
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`the USPTO Code of Professional Conduct set forth in 37 C.F.R. §§ 11.101 et seq.
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`and disciplinary jurisdiction under 37 C.F.R. § 11.19(a).
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`12. Mr. Cerwinski has applied to appear pro hac vice in the following
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`proceedings before the Office in the last three years: IPR2015-01566 (granted),
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`IPR2015-01571 (action terminated before ruling), IPR2015-01572 (action
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`terminated before ruling), IPR2015-01570 (action terminated before ruling),
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`IPR2015-01733 (action terminated before ruling), IPR2015-01744 (action
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`terminated before ruling), IPR2016-01614 (granted), IPR2016-01667 (action
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`terminated before ruling), IPR2017-01121 (pending), IPR2017-01122 (pending),
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`IPR2017-01139 (pending), and IPR2017-01140 (pending). Concurrently with
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`this motion, Petitioner is filing a motion for pro hac vice admission of Mr.
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`Cerwinski in IPR2017-01374.
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`3
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`13. This motion was filed no sooner than 21 days after service of the
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`Petition in this proceeding, which occurred on May 8, 2017.
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`III. CONCLUSION
`For the foregoing reasons, Petitioner respectfully requests that the Board admit
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`Robert V. Cerwinski pro hac vice in this proceeding.
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`Dated: January 9, 2018
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`Respectfully submitted,
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`/Cynthia Lambert Hardman/
`Cynthia Lambert Hardman (Reg. No.
`53,179)
`Robert V. Cerwinski (seeking pro hac
`vice admission)
`GOODWIN PROCTER LLP
`The New York Times Building
`620 Eighth Avenue
`New York, NY 10018
`(212) 813-8800 (telephone)
`(212) 355-3333 (facsimile)
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`Counsel for Petitioner
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`4
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6(e), the undersigned certifies that on January 9,
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`2018, I caused copies of the foregoing PETITIONER’S MOTION FOR PRO HAC
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`VICE ADMISSION OF ROBERT V. CERWINSKI and EXHIBIT 1137,
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`DECLARATION OF ROBERT V. CERWINSKI IN SUPPORT OF MOTION
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`FOR PRO HAC VICE ADMISSION to be served via email on the following counsel
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`for Patent Owners:
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`David Cavanaugh (David.Cavanaugh@wilmerhale.com)
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`Rebecca Whitfield (Rebecca.Whitfield@wilmerhale.com)
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`Robert Gunther (Robert.Gunther@wilmerhale.com)
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`Adam Brausa (abrausa@durietangri.com)
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`Daralyn Durie (ddurie@durietangri.com)
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`Andrew Danford (Andrew.Danford@wilmerhale.com)
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`Lisa Pirozzolo (Lisa.Pirozzolo@wilmerhale.com)
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`Kevin Prussia (Kevin.Prussia@wilmerhale.com)
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`Dated: January 9, 2018
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`/Cynthia Lambert Hardman/
`Cynthia Lambert Hardman
`(Reg. No. 53,179)
`GOODWIN PROCTER LLP
`The New York Times Building
`620 Eighth Avenue
`New York, NY 10018
`(212) 813-8800 (telephone)
`(212) 355-3333 (facsimile)
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