`Trials@uspto.gov
`Entered: May 2, 2018
`Tel: 571-272-7822
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`
`
`
`TARO PHARMACEUTICALS U.S.A., INC.,
`Petitioner,
`v.
`APOTEX TECHNOLOGIES, INC.,
`Patent Owner.
`
`Case IPR2017-01446
`Patent 7,049,328 B2
`
`
`Before LORA M. GREEN, JEFFREY N. FREDMAN, and
`ZHENYU YANG, Administrative Patent Judges.
`
`FREDMAN, Administrative Patent Judge.
`
`
`
`ORDER
`Patent Owner’s Motion for Admission Pro Hac Vice of
`Barry P. Golob
`
`
`37 C.F.R. § 42.10
`
`
`
`
`
`
`
`IPR2017-01446
`Patent 7,049,328 B2
`
`
`Patent Owner, Apotex Technologies Inc. (“Apotex”), filed a Motion
`for Admission Pro Hac Vice of Barry P. Golob pursuant to 37 C.F.R.
`§ 42.10(c) in IPR2017-01446 (“Pat. Owner Mot.,” Paper 25), accompanied
`by a Declaration of Barry P. Golob (Ex. 2038). Patent Owner attests that
`Petitioner does not oppose the motion. Paper 25, 2.
`For the reasons provided below, Patent Owner’s Motion is granted.
`Pursuant to 37 C.F.R. § 42.10(c), 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. In its notice
`authorizing motions for pro hac vice admission, the Board requires a
`statement of facts showing there is good cause for the Board to recognize
`counsel pro hac vice and an affidavit or declaration of the individual seeking
`to appear in this proceeding.
`In this proceeding, lead counsel for Patent Owner, W. Blake Coblenz,
`is a registered practitioner. Paper 25, 2. Patent Owner’s motion indicates
`that there is good cause for the Board to recognize Mr. Golob pro hac vice
`during these proceedings (Pat. Owner Mot. 3–4), and is supported by the
`declarations of Mr. Golob. Ex. 2038.
`In particular, Mr. Golob declares that he has extensive experience
`litigating patent cases. Ex. 2038 ¶¶ 1, 11. Mr. Golob also declares that he
`has established familiarity with the subject matter at issue in the instant
`proceeding, because as “lead counsel in the U.S. District Court litigation
`before the United States District Court for the Eastern District of Texas
`Marshall Division civil action no. 2:16-cv-00528-RSP concerning U.S.
`Patent No. 7,049,328, I am familiar with subject matter related to cardiac
`iron chelation technology.” Id. ¶ 11. Additionally, Mr. Golob’s declaration
`
`2
`
`
`
`IPR2017-01446
`Patent 7,049,328 B2
`
`complies with the requirements set forth in the Board’s order authorizing
`motions for pro hac vice admission. Id. ¶¶ 1–12.
`On this record, we determine that Patent Owner has demonstrated that
`Mr. Golob has sufficient legal and technical qualifications to represent
`Patent Owner in the instant proceeding. We further recognize that there is a
`need for Patent Owner to have its counsel in the related district court
`litigation involved in this proceeding. See Patent Owner Mot. 3.
`For the foregoing reasons, Patent Owner has established that there is
`good cause for Mr. Golob’s pro hac vice admission in these proceedings.
`Mr. Golob will be permitted to appear pro hac vice in these proceedings as
`back-up counsel only. See 37 C.F.R. § 42.10(c).
`
`Accordingly, it is:
`ORDERED that Patent Owner’s motions for pro hac vice admission of
`Mr. Golob are granted; Mr. Golob is authorized to represent Patent Owner
`only as back-up counsel in the instant proceeding, IPR 2017-01446;
`FURTHER ORDERED that Patent Owner is to continue to have a
`registered practitioner represent it as lead counsel for the instant proceeding;
`FURTHER ORDERED that Mr. Golob is to comply with the Office
`Patent Trial Practice Guide and the Board’s Rules of Practice for Trials, as
`set forth in Part 42 of Title 37, Code of Federal Regulations; and
`FURTHER ORDERED that Mr. Golob is to be subject to the Office’s
`disciplinary jurisdiction under 37 C.F.R. § 11.19(a), and the USPTO Rules
`of Professional Conduct set forth in 37 C.F.R. §§ 11.101–901.
`
`3
`
`
`
`IPR2017-01446
`Patent 7,049,328 B2
`
`PETITIONER:
`Huiya Wu
`Robert V. Cerwinski
`Sara Fink
`GOODWIN PROCTER LLP
`hwu@goodwinlaw.com
`rcerwinski@goodwinlaw.com
`sfink@goodwinlaw.com
`
`PATENT OWNER:
`W. Blake Coblentz
`Aaron S. Lukas
`COZEN O’CONNOR
`WCoblentz@cozen.com
`ALukas@cozen.com
`
`4
`
`
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