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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.
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`Petitioner
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`v.
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`POZEN INC. and HORIZON PHARMA USA, INC.
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`Patent Owner
`____________________________
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`Case No. IPR2017-01995
`U.S. Patent No. 9,220,698
`____________________________
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`DECLARATION OF BRYAN D. BEEL
`IN SUPPORT OF MOTION FOR PRO HAC VICE ADMISSION OF
`BRYAN D. BEEL
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`MYLAN PHARMS. INC. EXHIBIT 1048 PAGE 1
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`I, Bryan D. Beel, declare as follows:
`1.
`I am counsel in the patent litigation group at Perkins Coie LLP.
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`2.
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`I am a member in good standing of the Bar of the State of Oregon. I
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`am also admitted to practice before the United States Courts of Appeals for the
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`Fourth Circuit and Federal Circuit. I am admitted to practice before the United
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`States District Court for the District of Oregon, and the Supreme Court of Oregon.
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`3. My State of Oregon Bar membership number is OR 073408.
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`4.
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`I have been practicing law for more than ten years, including litigating
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`patent cases, specifically focused on pharmaceutical patent cases, for the last eight
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`years.
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`5. More generally, I have represented the Petitioner and/or its various
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`related entities in litigating significant pharmaceutical patent cases, such as the
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`following patent cases:
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`•
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`AstraZeneca AB v. Mylan Laboratories Ltd., Civil Action No. 3:12-
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`cv-01378-MLC-TJB (U.S. District Court for the District of New
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`Jersey);
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`•
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`•
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`Horizon Pharma, Inc. v. Mylan Pharms. Inc., No. 13-cv-04022-MLC-
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`DEA (U.S. District Court for the District of New Jersey);
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`Horizon Pharma, Inc. v. Mylan Pharms. Inc., No. 15-cv-03327-SRC-
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`CLW (U.S. District Court for the District of New Jersey);
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`MYLAN PHARMS. INC. EXHIBIT 1048 PAGE 2
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`•
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`•
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`•
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`•
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`•
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`BTG Int’l Ltd. v. Actavis Labs. FL, Inc., Civil Action No. 2:15-cv-
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`05909-KM-JBC (U.S. District Court for the District of New Jersey);
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`Novartis AG v. Mylan Pharms. Inc., No. 16-cv-00289-LPS (U.S.
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`District Court for the District of Delaware);
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`Horizon Pharma, Inc. v. Mylan Pharms. Inc., No. 16-cv-04921-SRC-
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`CLW (U.S. District Court for the District of New Jersey);
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`Novartis Pharms. Corp. v. Mylan Pharms. Inc., No. 17-cv-00389-
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`RGA (U.S. District Court for the District of Delaware); and
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`Novartis Pharms. Corp. v. Mylan Pharms. Inc., No. 17-cv-54-IMK
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`(U.S. District Court for the Northern District of West Virginia).
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`6.
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`I have never been disbarred, suspended, sanctioned, or cited for
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`contempt by any court or administrative body. I am not currently suspended in any
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`bar, or by any court or administrative body.
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`7.
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`I have never had a court or administrative body deny my application
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`for admission to practice.
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`8.
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`I am familiar with the subject matter of this proceeding. In addition to
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`U.S. Patent No. 9,220,698 (“the ’698 patent”) and its prosecution history, I am
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`familiar with the technology at issue and Vimovo, the pharmaceutical product for
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`which the ’698 patent is listed by Horizon Pharma USA, Inc. in FDA’s publication,
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`Approved Drug Products with Therapeutic Equivalence Evaluations, commonly
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`MYLAN PHARMS. INC. EXHIBIT 1048 PAGE 3
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`referred to as the “Orange Book.” I have been litigating issues surrounding
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`Vimovo for nearly five years in Horizon Pharma, Inc. v. Mylan Pharms. Inc., Civil
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`Action No. 13-cv-04022-MLC-DEA (D.N.J.), Horizon Pharma, Inc. v. Mylan
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`Pharms. Inc., No. 15-cv-03327-SRC-CLW (D.N.J.), and Horizon Pharma, Inc. v.
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`Mylan Pharms. Inc., No. 16-cv-04921-SRC-CLW (D.N.J.), on behalf of Mylan
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`Pharmaceuticals Inc., Mylan Laboratories Ltd., and Mylan Inc.
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`9.
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`In connection with my work on the Vimovo litigation, I have become
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`familiar with the prior art references that are the subject of this proceeding.
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`10. Given my familiarity with the underlying facts and my litigation
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`experience with the Federal Rules of Evidence, I have experience and expertise
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`important to representing Mylan’s interests in this matter.
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`11.
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`I have read and will comply with Office Patent Trial Practice Guide
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`and the Board’s Rules of Practice for Trials, as set forth in Part 42 of 37 C.F.R.
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`12.
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`I agree to be subject to the United States Patent and Trademark Office
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`Rules of Professional Conduct set forth in 37 C.F.R. §§ 11.101 et. seq. and
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`disciplinary jurisdiction under 37 C.F.R. § 11.19(a).
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`13.
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`I have previously applied for, and been granted, admission pro hac
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`vice before the United States Patent and Trademark Office in IPR2016-01332.
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`14.
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`I hereby declare that all statements made herein of my own
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`knowledge are true and that all statements made on information and belief are
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`MYLAN PHARMS. INC. EXHIBIT 1048 PAGE 4
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`believed to be true; and further that these statements are made with the knowledge
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`that willful false statements and the like are punishable by fine, imprisonment, or
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`both, under Section 1001 of Title 18 of the United States Code.
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`
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`Dated: April 2, 2018
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`/s/ Bryan D. Beel
`Bryan D. Beel
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`MYLAN PHARMS. INC. EXHIBIT 1048 PAGE 5
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