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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`
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`MYLAN PHARMACEUTICALS INC.
`Petitioner
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`v.
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`POZEN INC. and HORIZON PHARMA USA, INC.
`Patent Owners
`
`
`
`Case No. IPR2018-01995
`Patent No. 9,220,698
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`
`
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`DECLARATION OF JONATHAN G. GRAVES IN SUPPORT OF MOTION
`TO APPEAR PRO HAC VICE ON BEHALF OF PATENT OWNER
`HORIZON PHARMA USA, INC.
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`HORIZON'S EXHIBIT 2008
`Page 1 of 5
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`I, Jonathan G. Graves, do hereby declare:
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`1.
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`I am a partner in the law firm Cooley LLP. Lead counsel is Thomas A.
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`Blinka, who is also a partner in the law firm Cooley LLP. Mr. Blinka is registered
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`to practice before the United States Patent and Trademark Office and holds
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`Registration No. 44,541. With respect to this proceeding, I will work closely with
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`Mr. Blinka.
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`2. I hold a Bachelor of Arts degree from Dartmouth College. I hold a Juris
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`Doctor degree from the University Of Virginia School Of Law.
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`3. I have 27 years of experience as a practicing litigating attorney. My
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`practice is focused on patent litigation, and I have been counsel in many complex
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`patent litigation proceedings.
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`4. In my capacity as a partner with Cooley LLP, I have been intimately
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`involved with litigation matters in various United States District Courts and Courts
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`of Appeals, and before the International Trade Commission.
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`5. I am currently litigation counsel for Horizon in a pending federal district
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`court action in which Petitioner asserts infringement of U.S. Patent No. 9,220,698,
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`and I am familiar with the legal subject matter, technical subject matter, and prior
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`art discussed in Petitioner’s Request for Inter Partes Review of U.S. Patent No.
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`9,220,698.
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`6. In my capacity as a partner at Cooley LLP, I have become familiar with
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`
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`the legal subject matter, technical subject matter, and prior art involved with
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`HORIZON'S EXHIBIT 2008
`Page 2 of 5
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`U.S. Patent No. 9,220,698.
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`7. I am therefore qualified to represent the interests of Horizon Pharma
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`USA, Inc. as an experienced litigation attorney.
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`8.
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`In the past three (3) years, I have appeared pro hac vice before the
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`United States Patent and Trademark Office in two consolidated proceedings, Aker
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`Biomarine AS v. Neptune Technologies and Bioressources Inc., IPR2014-00003,
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`and Enzymotec, Ltd. v. Neptune Technologies and Bioressources Inc., IPR2014-
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`00556. I argued on behalf of the Patent Owner in the oral hearing in those
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`proceedings. I have also appeared pro hac vice on behalf of the Patent Owner in
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`Eli Lilly and Company v. The Trustees of the University of Pennsylvania, IPR2016-
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`00458, and on behalf of the Petitioner in HyperBranch Medical Technology, Inc. v.
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`Incept LLC, IPR2016-01836.
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`9. I am a member in good standing of the Virginia State Bar and the D.C.
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`Bar. I am also admitted to practice before the United States District Court for the
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`Eastern District of Michigan, the United States District Court for the District of
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`Colorado, the United States District Court for the Central District of California, the
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`United States District Court for the Eastern District of Texas, the United States
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`District Court for the Eastern District of Virginia, the United States District Court
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`for the District of Columbia, the United States Court of Appeals for the Federal
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`Circuit, the United States Court of Appeals for the Second Circuit, and the United
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`States Supreme Court.
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`HORIZON'S EXHIBIT 2008
`Page 3 of 5
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`10. I have never been suspended or disbarred from practice before any court
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`or administrative body.
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`11. I have never had a court or administrative body deny my application for
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`admission to practice.
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`12. I have never been sanctioned or cited for contempt by any court or
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`administrative body.
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`13. I have read and will comply with the Office Patent Trial Practice Guide
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`and the Board’s Rules of Practice for Trials set forth in Part 42 of 37 C.F.R.
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`14. 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 to disciplinary jurisdiction under 37 C.F.R.
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`§ 11.19(a).
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`15. I declare that all statements made herein of my own knowledge are true
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`and that all statements made on information and belief are believed to be true; and
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`further that these statements were 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 and that such willful false
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`statements may
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`jeopardize
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`the validity of U.S. Patent No. 9,220,698.
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`HORIZON'S EXHIBIT 2008
`Page 4 of 5
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`DATED: January 12, 2018
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`Jonathan G. Graves
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`HORIZON'S EXHIBIT 2008
`Page 5 of 5
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`CERTIFICATE OF SERVICE UNDER 37 C.F.R. § 42.6(e)
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`I, Thomas A. Blinka, hereby certify that on this 12th day of January, 2018, the
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`foregoing Declaration Of Jonathan G. Graves In Support Of Motion To Appear
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`Pro Hac Vice On Behalf Of Patent Owner Horizon Pharma USA, Inc. was served
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`electronically via email on the following:
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`
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`Brandon M. White Perkins Coie LLP
`700 Thirteenth Street, N.W., Suite 600
`Washington, D.C. 20005
`bmwhite@perkinscoie.com
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`Emily J. Greb Perkins Coie LP
`1 East Main Street, Suite 201
`Madison, WI 53703
`egreb@perkinscoie.com
`EsoNaproxen@perkinscoie.com
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`Date: January 12, 2018
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`By: /s/ Thomas A. Blinka
`Thomas A. Blinka
`Reg. No. 44,541
`Counsel for Patent Owner
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`151525346 v2
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`HORIZON'S EXHIBIT 2008
`Page 6 of 5
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