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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 AUTUMN N. NERO
`IN SUPPORT OF MOTION FOR PRO HAC VICE ADMISSION OF
`AUTUMN N. NERO
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`MYLAN PHARMS. INC. EXHIBIT 1050 PAGE 1
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`I, Autumn N. Nero, declare as follows:
`1.
`I am a patent litigation partner 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 Wisconsin.
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`I am also admitted to practice before the United States Supreme Court, the United
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`States Courts of Appeals for the Federal Circuit, the United States Courts of
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`Appeals for the Seventh Circuit, and the United States Courts of Appeals for the
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`Eleventh Circuit. I am admitted to practice before the United States District Court
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`for the Eastern District of Wisconsin and the United States District Court for the
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`Western District of Wisconsin.
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`3. My State of Wisconsin Bar membership number is 1060065.
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`4.
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`I have been practicing law for 12 years, including litigating patent
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`cases, specifically focused on pharmaceutical patent cases for approximately 9
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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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`The Medicines Company v. Mylan Inc., Civil Action No. 1:11-cv-
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`01285 (U.S. District Court for the Northern District of Illinois);
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`MYLAN PHARMS. INC. EXHIBIT 1050 PAGE 2
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`•
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`AstraZeneca Pharmaceuticals LP v. Mylan Pharmaceuticals Inc., No.
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`1:15-cv-0183 (U.S. District Court for the Northern District of West
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`•
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`•
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`•
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`Virginia);
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`AstraZeneca Pharmaceuticals LP v. Agila Specialties Inc., No. 1:15-
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`cv-06039 (U.S. District Court for the District of New Jersey);
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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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`Apotex, Inc. v. Daiichi Sankyo Inc., No. 15-cv-03695 (U.S. District
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`Court for the Northern District of Illinois);
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`Alembic Pharmaceuticals Ltd. v. Daiichi Sankyo, Co., No. 16-cv-
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`03956 (U.S. District Court for the Northern District of Illinois);
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`Aurobindo Pharmaceuticals Ltd. v. Daiichi Sankyo, Inc., No. 16-cv-
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`04876 (U.S. District Court for the Northern District of Illinois);
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`Sandoz, Inc. v. Daiichi Sankyo, No. 16-cv-81 (U.S. District Court for
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`the Eastern District of Virginia);
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`Torrent Pharmaceuticals Ltd. v. Daiichi Sankyo, Inc., No. 16-cv-
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`02988 (U.S. District Court for the Northern District of Illinois);
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`MYLAN PHARMS. INC. EXHIBIT 1050 PAGE 3
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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); and
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`Pozen Inc. v. Dr. Reddy’s Laboratories Inc., No. 17-2473
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`(consolidated) (U.S. Court of Appeals for the Federal Circuit).
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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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`referred to as the “Orange Book.” I have been litigating issues surrounding
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`Vimovo for nearly 2 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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`MYLAN PHARMS. INC. EXHIBIT 1050 PAGE 4
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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 not previously applied for, admission pro hac vice before the
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`United States Patent and Trademark Office.
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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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`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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`Dated: June 18, 2018
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`/s/ Autumn N. Nero
`Autumn N. Nero
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`MYLAN PHARMS. INC. EXHIBIT 1050 PAGE 5
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