`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`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 ELLEN SCORDINO IN SUPPORT OF MOTION TO
`t~rtrr.tii~ ricv ritiL v'ii r. vivT n~ritii~r yr rti i r.i:i i v`dVivT~n ivni~v :T
`PHARMA USA, INC.
`
`HORIZON'S EXHIBIT 2011
`Page 1 of 5
`
`
`
`IPR2017-01995
`U.S. Patent No. 9,220,698
`
`I, Ellen Scordino, declare as follows:
`
`1.
`
`I am a litigation partner with the law firm Cooley LLP. Lead counsel
`
`in this inter^ pates 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.
`
`States Patent and Trademark Office and holds Registration No. 44,541. With
`
`respect to this proceeding, I will work closely with Mr. Blinka.
`
`2.
`
`I hold a Juris Doctor degree from Fordham University School of Law.
`
`Y hold an undergraduate degree in chemistry from Trinity College.
`
`3.
`
`I have 17 years of experience as a practicing attorney and have been
`
`involved with several complex patent litigation proceedings.
`
`4.
`
`In my capacity as a partner with Cooley LLP I have been intimately
`
`involved with litigation hatters in various United States District Courts and United
`
`States Courts of Appeals.
`
`5.
`
`I am currently litigation counsel for Horizon in a pending federal
`
`district ~c~~~rt. ~~tic~n in which Petitioner asserts infringement of U.S. Patent No.
`
`9,220,698, and I am familiar with the legal subject matter, technical subject matter,
`
`and prior art discussed in Petitioner's Request for Inter Pates Review of U.S.
`
`Patent No. 9,220,698.
`
`6.
`
`In my capacity as a partner at Cooley LLP, I have become familiar
`
`with the legal subject matter, technical subject matter, and prior art involved
`
`HORIZON'S EXHIBIT 2011
`Page 2 of 5
`
`
`
`IPR2017-01995
`U.S. Patent No. 9,220,698
`
`with U.S. Patent No. 9,220,698.
`
`7.
`
`I am therefore qualified to represent the interests of Horizon Pharma
`
`USA, Inc. as an experienced litigating attorney.
`
`8.
`
`I have been admitted p~^o hac vice in docket numbers IPR2016-00321,
`
`IPR2016-00319, and IPR2016-00316. I previously applied to appear pNo hac vice
`
`in IPR2015-00802. The Board denied institution of znte~^ pates review before
`
`ruling on that application. I have not applied to appear pro hac vice before the
`
`Office in any other proceeding in the last three (3) years.
`
`9.
`
`I am a member in good standing of the State Bar of New York and the
`
`State Bar of Massachusetts.
`
`10. I have never been suspended or disbarred from practice before any
`
`court or administrative body.
`
`1 l. I have never had an application for admission to practice befoie any
`
`court or administrative body denied.
`
`12. No sanction or contempt citation has been imposed against me by any
`
`court or administrative body.
`
`13. I have read and will comply with the Office Patent Trial Practice Guide
`
`and the Board's Rules of Practice for Trials set forth in part 42 of 37 C.F.R.
`
`14. I agree to be subject to the USPTO Rules of Professional Conduct set
`
`forth in 37 C.F.R. §§ 11.101, et seq., and disciplinary jurisdiction under 37 C.F.R. §
`
`HORIZON'S EXHIBIT 2011
`Page 3 of 5
`
`
`
`IPR2017-01995
`U.S. Patent No. 9,220,698
`
`1 1.19(a).
`
`15. I 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 were made with the knowledge that willful., false
`
`statements and the like so made, are punishable by fine or imprisonment, or both,
`
`under Section 1001 of Title 18 of the United States Code and that such willful
`
`false statements may jeopardize the validity of U.S. Patent No. 9,220,698.
`
`Date: May 11, 2018
`
`BY:
`
`4
`Ellen Scordino
`
`HORIZON'S EXHIBIT 2011
`Page 4 of 5
`
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE UNDER 37 C.F.R. § 42.6(e)
`
`IPR2017-01995
`U.S. Patent No. 9,220,698
`
`I, Thomas A. Blinka, hereby certify that on this 11th day of May, 2018, the
`
`foregoing DECLARATION OF ELLEN SCORDINIO IN SUPPORT OF MOTION TO
`
`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
`
`Date: May 11, 2018
`
`By: /s/ Thomas A. Blinka
`Thomas A. Blinka
`Reg. No. 44,541
`Counsel for Patent Owner
`
`
`
`
`
`HORIZON'S EXHIBIT 2011
`Page 5 of 5
`
`
`
`
`
`
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