Case No. IPR2017-01488
`Declaration of Daralyn J. Durie
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
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`____________________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________________________________________
`
`PFIZER, INC.,
`Petitioner,
`
`v.
`
`GENENTECH, INC.,
`Patent Owner.
`____________________________________________
`
`Case IPR2017-01488
`U.S. Patent 6,407,213
`____________________________________________
`
`DECLARATION OF DARALYN J. DURIE IN SUPPORT OF PATENT
`OWNER’S MOTION FOR PRO HAC VICE ADMISSION
`
`Genentech 2035
`Pfizer v. Genentech
`IPR2017-01488
`
`
`Declaration of Daralyn J. Durie
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________________________________________
`
`PFIZER, INC.,
`Petitioner,
`
`v.
`
`GENENTECH, INC.,
`Patent Owner.
`____________________________________________
`
`Case IPR2017-01488
`U.S. Patent 6,407,213
`____________________________________________
`
`DECLARATION OF DARALYN J. DURIE IN SUPPORT OF PATENT
`OWNER’S MOTION FOR PRO HAC VICE ADMISSION
`
`Genentech 2035
`Pfizer v. Genentech
`IPR2017-01488
`
`
`
`I, Daralyn J. Durie, declare as follows:
`
`Case No. IPR2017-01488
`Declaration of Daralyn J. Durie
`
`
`1.
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`2.
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`I am an attorney licensed to practice law in the State of California.
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`I am a partner at the law firm Durie Tangri LLP and have litigated
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`cases relating to patents for the past seven years.
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`3.
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`I am a member in good standing of the State Bar of California and the
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`United States Court of Appeal for the Federal Circuit. I am also admitted to
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`practice before the United States Court of Appeals for the 1st Circuit, the United
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`States Court of Appeals for the 3rd Circuit, the United States Court of Appeals for
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`the 8th Circuit, the United States Court of Appeals for the 9th Circuit, the United
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`States District Courts in the Northern, Central, Eastern, and Southern Districts of
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`California, and the Eastern District of Texas.
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`4.
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`I am a member in good standing in all jurisdictions where I have been
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`admitted to practice.
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`5.
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`I have never been suspended or disbarred from practice before any
`
`court or administrative body.
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`6.
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`I have never had an application denied for admission to practice
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`before any court or administrative body.
`
`7.
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`I have not had any sanctions or contempt citations imposed against me
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`by any court or administrative body.
`
`8.
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`I have read and will comply with the Office Patent Trial Practice
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`
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`2
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`Case No. IPR2017-01488
`Declaration of Daralyn J. Durie
`
`Guide and the Board’s Rules of Practice for Trials set forth in part 42 of 37 C.F.R.
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`9.
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`I agree to be subject to the USPTO Rules of Professional Conduct set
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`forth in 37 C.F.R. §§ 11.101 et seq., and disciplinary jurisdiction under 37 C.F.R. §
`
`11.19(a).
`
`10.
`
`In the last three (3) years, I have appeared Pro Hac Vice before the
`
`Patent Trial and Appeal Board in the following cases: Sanofi-Aventis U.S. LLC and
`
`Regeneron Pharmaceuticals, Inc. v. Genentech, Inc. and City of Hope, IPR2015-
`
`01624 (pro hac vice granted); Genzyme Corporation v. Genentech, Inc. and City of
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`Hope, IPR2016-00460 (pro hac vice motion filed) (joined with IPR2015-01624);
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`Genzyme Corporation v. Genentech, Inc. and City of Hope, IPR2016-00383 (pro
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`hac vice motion filed) (not instituted); Merck Sharp & Dohme Corp. v. Genentech,
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`Inc. and City of Hope, IPR2016-01373 (pro hac vice granted) (not instituted);
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`Mylan Pharmaceuticals, Inc. v. Genentech, Inc. and City of Hope, IPR2016-00710
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`(pro hac vice granted) (joined with IPR2017-00047) (terminated); Mylan
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`Pharmaceuticals, Inc. v. Genentech, IPR2016-01693 (pro hac vice motion filed)
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`(challenging U.S. Patent No. 6,407,213, that patent at issue in this case;
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`terminated); Mylan Pharmaceuticals, Inc. v. Genentech, IPR2016-01694 (pro hac
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`vice motion filed) (challenging U.S. Patent No. 6,407,213, that patent at issue in
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`this case; terminated); Hospira, Inc.. v. Genentech, Inc., IPR2017-00731 (pro hac
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`vice filed June 8, 2017; institution denied July 27, 2017, request for rehearing filed
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`3
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`Case No. IPR2017-01488
`Declaration of Daralyn J. Durie
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`August 25, 2017); Hospira, Inc. v. Genentech, Inc., IPR2017-00737 (pro hac vice
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`granted June 21, 2017; trial instituted July 27, 2017); Hospira, Inc. v. Genentech,
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`Inc., IPR2017-00739 (pro hac vice granted June 21, 2017; institution denied July
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`27, 2017); Hospira, Inc. v. Genentech, Inc., IPR2017-00804 (pro hac vice filed
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`June 8, 2017; trial instituted July 27, 2017); Hospira, Inc. v. Genentech, Inc.,
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`IPR2017-00805 (pro hac vice filed June 8, 2017; trial instituted July 27, 2017);
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`Celltrion, Inc. v. Genentech, Inc., IPR2017-01121 (pro hac vice motion to be filed;
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`pending); Celltrion, Inc. v. Genentech, Inc., IPR2017-01122 (pro hac vice motion
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`to be filed; pending); Celltrion, Inc. v. Genentech, Inc., IPR2017-01139 (pro hac
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`vice motion to be filed; pending); Celltrion, Inc. v. Genentech, Inc., IPR2017-
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`01140 (pro hac vice motion to be filed; pending); Celltrion, Inc. v. Genentech, Inc.,
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`IPR2017-01373 (pro hac vice motion to be filed; pending); Celltrion, Inc. v.
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`Genentech, Inc., IPR2017-01374 (pro hac vice motion to be filed; pending); Pfizer,
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`Inc. v. Genentech, Inc., IPR2017-1489 (pro hac vice motion to be filed; pending);
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`Pfizer, Inc. v. Genentech, Inc., IPR2017-01726 (pro hac vice motion to be filed;
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`pending); Pfizer, Inc. v. Genentech, Inc., IPR2017-01727 (pro hac vice motion to
`
`be filed; pending); Samsung Bioepis, Co. Ltd. v. Genentech, Inc., IPR2017-01958
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`(pro hac vice motion to be filed; pending); Samsung Bioepis, Co. Ltd. v.
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`Genentech, Inc., IPR2017-01959 (pro hac vice motion to be filed; pending);
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`Samsung Bioepis, Co. Ltd. v. Genentech, Inc., IPR2017-01960 (pro hac vice
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`
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`4
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`
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`motion to be filed; pending).
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`Case No. IPR2017-01488
`Declaration of Daralyn J. Durie
`
`
`11.
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`I have been litigating patent cases for 23 years. I have an established
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`familiarity with the subject matter at issue in this proceeding. I have handled
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`patent cases relating to recombinant antibodies for more than 16 years, and have
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`represented Genentech in many of these patent cases. I have worked closely with
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`Adam R. Brausa, counsel for Patent Owner in this matter.
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`12. Additionally, I am familiar with the matters involved in and
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`implicated by these proceedings, including the ’213 patent and its file history, the
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`prior art presented in the petition, and the legal and factual issues raised by
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`Petitioner in this proceeding. As a result, I have acquired substantial
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`understanding of the underlying legal and technological issues at stake in this
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`proceeding.
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`I hereby declare that all statements made herein of my own knowledge are
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`true and that all statements made on information and belief are believed to be true;
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`and further that these statements are made with the knowledge that willful false
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`statements and the like so made are punishable by fine or imprisonment, or both,
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`under Section 1001 of Title 18 of the United States Code.
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`
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`
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`5
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`
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`Date: September 21, 2017
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`Case No. IPR2017-01488
`Declaration of Daralyn J. Durie
`
`
`
`
`Daralyn J. Durie
`
`Durie Tangri LLP
`217 Leidesdorff Street
`San Francisco, CA 94111
`
`
`6
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