`
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`Celltrion, Inc.
`Petitioner,
`
`
`
`v.
`
`Genentech, Inc.
`Patent Owner
`
`Case IPR2017-01374
`Patent 6,407,213
`
`PETITIONER’S MOTION FOR PRO HAC VICE
`ADMISSION OF ROBERT V. CERWINSKI
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Petitioner Celltrion, Inc. respectfully requests the pro hac vice admission of
`
`Robert V. Cerwinski in this proceeding, IPR2017-01374, U.S. Patent No.
`
`6,407,213 (“the ’213 patent”), pursuant to 37 C.F.R. § 42.10(c).
`
`I.
`
`THE REQUEST IS TIMELY
`
`As stated in the Board’s August 30, 2016 Notice of Filing Date, any motion
`
`for pro hac vice admission must be filed in accordance with the guidance specified
`
`in the “Order Authorizing Motion for Pro Hac Vice Admission,” entered in Case
`
`IPR2013-00639 (Paper 7). (“PHV Admission Order”). According to that
`
`guidance, pro hac vice motions can be filed no sooner than (21) days after service
`
`of the Petition. This pro hac vice motion is filed more than 21 days after the
`
`service of the Petition and is therefore timely.
`
`II.
`
`
`STATEMENT OF FACTS
`
`As required by the PHV Admission Order, the following statement of facts
`
`shows that there is good cause for the Board to recognize Mr. Cerwinski pro hac
`
`vice. A declaration by Mr. Cerwinski, containing the required statements and
`
`information, is submitted herewith. (Ex. 1137).
`
`1.
`
`Cynthia Lambert Hardman, lead counsel for Petitioner Celltrion, Inc.
`
`in this proceeding, is a registered practitioner holding Registration No. 53,179.
`
`2. Mr. Cerwinski is a partner with Goodwin Procter LLP.
`
`
`
`
`
`
`
`
`
`
`3. Mr. Cerwinski is an experienced litigating attorney. Mr. Cerwinski
`
`has been practicing law since 1997 and has extensive experience litigating patent
`
`infringement cases in many different district courts across the United States.
`
`4. Mr. Cerwinski’s experience in patent litigation matters includes patent
`
`bench and jury trials, patent summary judgment proceedings, and other patent-
`
`related hearings and pleadings concerning, inter alia, patent validity and
`
`infringement issues. Mr. Cerwinski has also represented clients’ appeals before the
`
`Court of Appeals for the Federal Circuit resulting from cases tried by Mr. Cerwinski
`
`and in other cases.
`
`5. Mr. Cerwinski has an established familiarity with the subject matter at
`
`issue in this proceeding. Specifically, Mr. Cerwinski represents that he has
`
`reviewed the Petition and accompanying exhibits filed in this matter and all other
`
`papers associated with this proceeding, and has studied the ’213 patent.
`
`Additionally, he is involved with other IPRs on behalf of Celltrion directed to
`
`related subject matter, including IPR2017-01373, IPR2017-01121, IPR2017-01122,
`
`IPR2017-01139, IPR2017-01140, and IPR2017-00959 (which is now terminated).
`
`6. Mr. Cerwinski is a member in good standing of the Bar of the State of
`
`New York.
`
`7. Mr. Cerwinski has never been suspended or disbarred from practice
`
`before any court or administrative body.
`
`
`
`2
`
`
`
`
`
`8.
`
`No application of Mr. Cerwinski for admission to practice before any
`
`court or administrative body has ever been denied.
`
`9.
`
`No sanctions or contempt citations have been imposed against
`
`Mr. Cerwinski by any court or Administrative Body.
`
`10. Mr. Cerwinski has stated that he read and stated that he will comply
`
`with the Office Patent Trial Practice Guide and the Board’s Rules of Practice for
`
`Trials set forth in part 42 of 37 C.F.R.
`
`11. Mr. Cerwinski has sworn that he understands that he will be subject to
`
`the USPTO Code of Professional Conduct set forth in 37 C.F.R. §§ 11.101 et seq.
`
`and disciplinary jurisdiction under 37 C.F.R. § 11.19(a).
`
`12. Mr. Cerwinski has applied to appear pro hac vice in the following
`
`proceedings before the Office in the last three years: IPR2015-01566 (granted),
`
`IPR2015-01571 (action terminated before ruling), IPR2015-01572 (action
`
`terminated before ruling), IPR2015-01570 (action terminated before ruling),
`
`IPR2015-01733 (action terminated before ruling), IPR2015-01744 (action
`
`terminated before ruling), IPR2016-01614 (granted), IPR2016-01667 (action
`
`terminated before ruling), IPR2017-01121 (pending), IPR2017-01122 (pending),
`
`IPR2017-01139 (pending), and IPR2017-01140 (pending). Concurrently with
`
`this motion, Petitioner is filing a motion for pro hac vice admission of Mr.
`
`Cerwinski in IPR2017-01373.
`
`
`
`3
`
`
`
`
`
`13. This motion was filed no sooner than 21 days after service of the
`
`Petition in this proceeding, which occurred on May 8, 2017.
`
`III. CONCLUSION
`For the foregoing reasons, Petitioner respectfully requests that the Board admit
`
`Robert V. Cerwinski pro hac vice in this proceeding.
`
`
`Dated: January 9, 2018
`
`Respectfully submitted,
`
`/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)
`
`Counsel for Petitioner
`
`
`
`
`4
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6(e), the undersigned certifies that on January 9,
`
`2018, I caused copies of the foregoing PETITIONER’S MOTION FOR PRO HAC
`
`VICE ADMISSION OF ROBERT V. CERWINSKI and EXHIBIT 1137,
`
`DECLARATION OF ROBERT V. CERWINSKI IN SUPPORT OF MOTION
`
`FOR PRO HAC VICE ADMISSION to be served via email on the following counsel
`
`for Patent Owners:
`
`David Cavanaugh (David.Cavanaugh@wilmerhale.com)
`
`Rebecca Whitfield (Rebecca.Whitfield@wilmerhale.com)
`
`Robert Gunther (Robert.Gunther@wilmerhale.com)
`
`Adam Brausa (abrausa@durietangri.com)
`
`Daralyn Durie (ddurie@durietangri.com)
`
`Andrew Danford (Andrew.Danford@wilmerhale.com)
`
`Lisa Pirozzolo (Lisa.Pirozzolo@wilmerhale.com)
`
`Kevin Prussia (Kevin.Prussia@wilmerhale.com)
`
`
`
`
`Dated: January 9, 2018
`
`
`
`/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)
`
`