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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`
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`MYLAN PHARMACEUTICALS INC.
`Petitioner
`
`v.
`
`POZEN INC. and HORIZON PHARMA USA, INC.
`Patent Owners
`
`
`
`Case No. IPR2017-01995
`Patent No. 9,220,698
`
`
`
`
`
`
`
`DECLARATION OF SUSAN KRUMPLITSCH 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 2009
`Page 1 of 3
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`
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`I, Susan Krumplitsch, declare as follows:
`
`IPR2017-01995
`U.S. Patent No. 9,220,698
`
`1.
`
`I am a litigation partner with the law firm Cooley LLP. Lead counsel
`
`in this inter partes review proceeding is Thomas A. Blinka, who is also a partner in
`
`the law firm Cooley LLP. Mr. Blinka is registered to practice before the United
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`States Patent and Trademark Office and holds Registration No. 44,541. With
`
`respect to this proceeding, I will work closely with Mr. Blinka.
`
`2.
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`I hold a Juris Doctor degree from Northeastern University School of
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`Law. I hold a Master of Science degree in immunology and infectious disease from
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`Harvard University, and an undergraduate degree in psychology from the University
`
`of California, Los Angeles.
`
`3.
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`I have 13 years of experience as a practicing attorney and have been
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`involved with several complex patent litigation proceedings.
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`4.
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`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, United
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`States Courts of Appeals, and before the International Trade Commission.
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`5.
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`I am currently litigation counsel for Horizon in a pending federal
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`district court action in which Petitioner asserts infringement of U.S. Patent No.
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`9,220,698, and I am familiar with the legal subject matter, technical subject matter,
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`and prior art discussed in Petitioner’s Request for Inter Partes Review of U.S.
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`Patent No. 9,220,698.
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`
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`
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`HORIZON'S EXHIBIT 2009
`Page 2 of 3
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`IPR2017-01995
`U.S. Patent No. 9,220,698
`In my capacity as a partner at Cooley LLP, I have become familiar
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`6.
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`with the legal subject matter, technical subject matter, and prior art involved
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`with U.S. Patent No. 9,220,698.
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`7.
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`I am therefore qualified to represent the interests of Horizon Pharma
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`USA, Inc. as an experienced litigating attorney.
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`8.
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`I have been admitted pro hac vice in docket numbers IPR2016-00458,
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`IPR2016-00321, IPR2016-00319, and IPR2016-00316. I previously applied to
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`appear pro hac vice in IPR2015-00802. The Board denied institution of inter partes
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`review before ruling on that application. I have not applied to appear pro hac vice
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`before the Office in any other proceeding in the last three (3) years.
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`9.
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`I am a member in good standing of the State Bar of California. I am
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`admitted to practice before the United States District Courts for the Northern
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`District of California and the Central District of California and the United States
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`Court of Appeals for the Federal Circuit.
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`10.
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`I have never been suspended or disbarred from practice before any
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`court or administrative body.
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`11.
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`I have never had an application for admission to practice before any
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`court or administrative body denied.
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`12. No sanction or contempt citation has been imposed against me by any
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`court or administrative body.
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`HORIZON'S EXHIBIT 2009
`Page 3 of 3
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`
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`IPR2017-01995
`U.S. Patent No. 9,220,698
`I have read and will comply with the Office Patent Trial Practice Guide
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`13.
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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.
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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. §
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`11.19(a).
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`15.
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`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
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`false statements may jeopardize the validity of U.S. Patent No. 9,220,698.
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`Date: January 12, 2018
`
`BY:
`
`Susan Krumplitsch
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`HORIZON'S EXHIBIT 2009
`Page 4 of 3
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`CERTIFICATE OF SERVICE UNDER 37 C.F.R. § 42.6(e)
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`IPR2017-01995
`U.S. Patent No. 9,220,698
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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 SUSAN KRUMPLITSCH IN SUPPORT OF MOTION TO
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`APPEAR PRO HAC VICE ON BEHALF OF PATENT OWNER HORIZON PHARMA USA,
`
`INC. was served electronically via email on the following:
`
`Brandon M. White Perkins Coie LLP
`700 Thirteenth Street, N.W., Suite 600
`Washington, D.C. 20005
`bmwhite@perkinscoie.com
`
`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
`
`By: /s/ Thomas A. Blinka
`Thomas A. Blinka
`Reg. No. 44,541
`Counsel for Patent Owner
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`
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`
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`HORIZON'S EXHIBIT 2009
`Page 5 of 3
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