UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`ARGENTUM PHARMACEUTICALS LLC,
`
`Petitioner
`
`NOVARTIS A.G.,
`
`Patent Owner.
`
`Case IPR2017-01550
`
`Patent 9, I 87,405
`
`DECLARATION OF ROBERT W. TRENCHARD IN SUPPORT OF
`
`MOTION FOR ADMISSION PRO HAC VICE
`
`Mail Stop Patent Board
`Patent Trial and Appeal Board
`Commissioner for Patents
`
`PO. Box 1450
`
`Alexandria, VA 22313-1450
`
`Argentum v. Novartis
`lPR2017-01550
`
`NOVARTIS 2001
`
`Argentum v. Novartis
`IPR2017-01550
`NOVARTIS 2001
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`ARGENTUM PHARMACEUTICALS LLC,
`
`Petitioner
`
`NOVARTIS A.G.,
`
`Patent Owner.
`
`Case IPR2017-01550
`
`Patent 9, I 87,405
`
`DECLARATION OF ROBERT W. TRENCHARD IN SUPPORT OF
`
`MOTION FOR ADMISSION PRO HAC VICE
`
`Mail Stop Patent Board
`Patent Trial and Appeal Board
`Commissioner for Patents
`
`PO. Box 1450
`
`Alexandria, VA 22313-1450
`
`Argentum v. Novartis
`lPR2017-01550
`
`NOVARTIS 2001
`
`Argentum v. Novartis
`IPR2017-01550
`NOVARTIS 2001
`
`
`
`IPR2017—01550
`
`US. Patent No. 9,187,405
`
`1, Robert W. Trenchard, declare as follows:
`
`1.
`
`2.
`
`I am a litigation partner at Gibson, Dunn & Crutcher LLP.
`
`I am a member in good standing of the Bar of the States of New York
`
`and New Jersey.
`
`I am also admitted to practice before the United States Courts of
`
`Appeals for the Third, Seventh, and DC. Circuits, and the United States District
`
`Court for the Southern District of New York.
`
`3.
`
`My New York Bar membership No. is 2679488. My New Jersey Bar
`
`membership No. is 053551994.
`
`4.
`
`I have been practicing law for 22 years, including litigating patent cases
`
`for the last 7 years before the Board and in district court. Before the Board, I have
`
`been involved in four patent interference proceedings and two inter partes review
`
`proceedings:
`
`0 Sugano v. Goea’a’el, Patent Interference No. 105,334
`
`0 Sugano v. Goeddel, Patent Interference No. 105,337
`
`0 Proriva Biotherapeutz’cs, Inc. v, Alnylam Pharmaceuticals Inc, Patent
`
`Interference No. 105,792
`
`0 Schwina’t v. Miller, Patent Interference No. 105,805
`
`0 Merck Sharp & Dohme Corp. v. Mayne Pharma International PTYLtd. ,
`
`IPR2016-01186
`
`
`
`IPR2017-01550
`
`U.S. Patent No. 9,187,405
`
`0 Torrent Pharmaceuticals Limited v. Novartis AG and Mitsubishi
`
`Pharma Corp, IPR2014—00784
`
`5.
`
`More generally, I represent Novartis in litigating pharmaceutical patent
`
`cases, including the following infringement cases in the District of New Jersey:
`
`0 Novartis Pharmaceuticals Corp, et al. v. Wockhardt USA, LLC, et al.-,
`
`Civil Action No. 12-cv-3967
`
`0 Novartis Pharmaceuticals Corp, et al. v. Wockhardt USA, LLC, et al.,
`
`Civil Action No. 13—cv-1028
`
`0 Novartis Pharmaceuticals Corp, et al. v. Accord Healthcare Inc, et
`
`al., Civil Action No. l3—cv-2379
`
`0 Novartis Pharmaceuticals Corp, et al. v. Wockhardt USA, LLC, et al.,
`
`Civil Action No. l3-cv-4669
`
`0 Novartis Pharmaceuticals Corp, et al. v. Akorn, Inc.
`
`, et al., Civil
`
`Action No. l3-cv-5125
`
`0 Novartis Pharmaceuticals Corp, et al. v. Wockhardt USA, LLC, et al.,
`
`Civil Action No. l 3-cv-6835
`
`o Novartis Pharmaceuticals Corp. v. Accord Healthcare Inc, Civil
`
`Action No. l3-cv-7178
`
`0 Novartis Pharmaceuticals Corp. v. Fresenius Kabi USA, LLC, Civil
`
`Action No. l3-cv-79 l 4
`
`
`
`IPR2017—01550
`
`US. Patent No. 9,187,405
`
`0 Novartis Pharmaceuticals Corp. v. Pharmaceutics International, Inc.,
`
`Civil Action No. 14—cv-1347
`
`o Novartis Pharmaceuticals Corp. v. Gland Pharma Lta’, Civil Action
`
`No. l4—cv-184l
`
`6.
`
`Further, I have represented Novartis in litigating pharmaceutical patent
`
`cases involving GILENYA®, including the following infringement cases in the
`
`District of Delaware:
`
`0 Novartis AG et al v. Actavis Elizabeth LLC, Civil Action No. 14-cv-
`
`01487
`
`0 Novartis AG et al v. Ezra Ventures LLC, Civil Action No. I5-cv-00150
`
`0 Novartis AG et al v. Apotex Inc. et al, Civil Action No. I5-cv-00975
`
`0 Novartis AG et al v. HEC Pharm Co. Ltd. et al, Civil Action No. 15—cv-
`
`0015]
`
`7.
`
`I have never been suspended, disbarred, sanctioned
`
`or
`
`cited for
`
`contempt by any court or administrative body.
`
`8.
`
`I have never had a court deny my application for admission to
`
`practice.
`
`9.
`
`In the past three years, I have applied for pro hac vice admission before
`
`the United States Patent and Trademark Office in the following inter partes review
`
`proceedings:
`
`
`
`IPR2017-01550
`
`U.S. Patent No. 9,187,405
`
`0 Torrent Pharmaceuticals Ltd. v. Novartis AG and Mitsubishi Pharma
`
`Corp, IPR2014-00784; and
`
`0 Merck Sharp & Dohme Corp. v. Mayne Pharma International Pty Ltd. ,
`
`IPR2016-01186.
`
`The Board granted the motion for my admission pro hac vice in the Torrent
`
`Pharmaceuticals proceeding and has not yet ruled on my application in the Merck
`
`Sharp & Dohme Corp. proceeding. Torrent Pharmaceuticals Ltd. v. Novartis AG
`
`and Mitsubishi Pharma Corp, lPR2014—OO784, Paper 8 at 2.
`
`(Ex. 2002); Merck
`
`Sharp & Dohme Corp. v. Mayne Pharma Int 7 PTY Ltd, IPR2016—01l86.
`
`10.
`
`I am familiar with the subject matter of this proceeding. In addition to
`
`U.S. Pat. No. 9,187,405 (“the ‘405 patent”) and its prosecution history, I
`
`am
`
`familiar with the technology at issue and with GILENYA®, the pharmaceutical
`
`product for which the ‘405 patent is listed in the Orange Book.
`
`1 1.
`
`In connection with my work on GILENYA®, l have become familiar
`
`with the prior art references that are the subject of this proceeding.
`
`12. Given my familiarity with the underlying facts and my litigation
`
`experience with the Federal Rules of Evidence, 1 have experience and expertise
`
`important to representing Novartis’s interests in this matter.
`
`13.
`
`I have read and will comply with the Office Patent Trial Practice Guide
`
`and the Board’s Rules of Practice for Trials, as set forth in Part 42 of 37 CPR.
`
`
`
`IPR2017-01550
`
`US. Patent No. 9,187,405
`
`14.
`
`I agree to be subject to the United States Patent and Trademark Office
`
`Code of Professional Responsibility set forth in 37 C.F.R.§§ 11.101 et. seq. and
`
`disciplinary jurisdiction under 37 CPR. § ll.l9(a).
`
`15.
`
`I hereby declare that all statements made herein of my own knowledge
`
`are true and that all statements made on information and belief are believed to be
`
`true; and further that these statements are made with the knowledge that willful false
`
`statements and the like are punishable by fine, imprisonment, or both, under Section
`
`1001 of Title 18 of the United States Code.
`
`Date: 33w c 1‘! I 1&1?
`
`Respectfully submitted,
`
`
`
`GIBSON, DUNN & CRUTCHER LLP
`200 Park Avenue
`
`New York, NY
`
`Tel.: 212-351-3942
`
`Fax: 212-351-5242
`
`Rtrenchard
`
`ibsondunn.com
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
