Case No. IPR2017-02031
`Patent Owner’s Motion For Admission Pro Hac Vice Of Robert J. Gunther, Jr.
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`Filed on behalf of Patent Owner Genentech, Inc. by:
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`David L. Cavanaugh (Reg. No. 36,476)
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`Rebecca A. Whitfield (Reg. No. 73,756)
`Robert J. Gunther, Jr. (Pro Hac Vice pending)
`Lisa J. Pirozzolo (Pro Hac Vice pending)
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`Kevin S. Prussia (Pro Hac Vice pending)
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`Andrew J. Danford (Pro Hac Vice pending)
`WILMER CUTLER PICKERING
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` HALE AND DORR LLP
`1875 Pennsylvania Ave., NW
`Washington, DC 20006
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`
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`Adam R. Brausa (Reg No.
`60,287
`Daralyn J. Durie (Pro Hac
`Vice pending)
`DURIE TANGRI LLP
`217 Leidesdorff Street
`San Francisco, CA 94111
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`BOEHRINGER INGELHEIM PHARMACEUTICALS, INC.,
`Petitioner,
`
`v.
`
`GENENTECH, INC.,
`Patent Owner.
`
`
`Case IPR2017-02031
`U.S. Patent 6,407,213
`
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`PATENT OWNER’S UNOPPOSED MOTION FOR ADMISSION
`PRO HAC VICE OF ROBERT J. GUNTHER, JR.
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`Patent Owner’s Motion For Admission Pro Hac Vice Of Robert J. Gunther, Jr.
`
`
`Filed on behalf of Patent Owner Genentech, Inc. by:
`
`
`David L. Cavanaugh (Reg. No. 36,476)
`
`Rebecca A. Whitfield (Reg. No. 73,756)
`Robert J. Gunther, Jr. (Pro Hac Vice pending)
`Lisa J. Pirozzolo (Pro Hac Vice pending)
`
`Kevin S. Prussia (Pro Hac Vice pending)
`
`Andrew J. Danford (Pro Hac Vice pending)
`WILMER CUTLER PICKERING
`
`
` HALE AND DORR LLP
`1875 Pennsylvania Ave., NW
`Washington, DC 20006
`
`
`
`
`Adam R. Brausa (Reg No.
`60,287
`Daralyn J. Durie (Pro Hac
`Vice pending)
`DURIE TANGRI LLP
`217 Leidesdorff Street
`San Francisco, CA 94111
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`BOEHRINGER INGELHEIM PHARMACEUTICALS, INC.,
`Petitioner,
`
`v.
`
`GENENTECH, INC.,
`Patent Owner.
`
`
`Case IPR2017-02031
`U.S. Patent 6,407,213
`
`
`PATENT OWNER’S UNOPPOSED MOTION FOR ADMISSION
`PRO HAC VICE OF ROBERT J. GUNTHER, JR.
`
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`Case No. IPR2017-02031
`Patent Owner’s Motion For Admission Pro Hac Vice Of Robert J. Gunther, Jr.
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`I. Statement of Precise Relief Requested
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`Pursuant to 37 C.F.R. § 42.10(c), Patent Owner Genentech, Inc.
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`(“Genentech”) requests that the Patent Trial and Appeal Board (the “Board”) admit
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`Robert J. Gunther, Jr. pro hac vice in this proceeding, IPR2017-02031. Petitioner
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`Boehringer Ingelheim Pharmaceuticals, Inc. has indicated that it does not oppose
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`this motion.
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`II. Statement of Facts Showing Good Cause for the Board to Recognize
`Counsel Pro Hac Vice During the Proceeding
`In accordance with 37 C.F.R. § 42.10(c), the Board may recognize counsel
`
`pro hac vice during a proceeding upon a showing of good cause, subject to the
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`condition that lead counsel be a registered practitioner and to any other conditions
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`as the Board may impose. Section 42.10(c) indicates that “where lead counsel is a
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`registered practitioner, a motion to appear pro hac vice by counsel who is not a
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`registered practitioner may be granted upon a showing that counsel is an
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`experienced litigating attorney and has an established familiarity with the subject
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`matter at issue in the proceeding.” The facts here establish good cause for the
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`Board to recognize Robert J. Gunther, Jr. pro hac vice in this proceeding.
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`1. Lead counsel, David L. Cavanaugh, is a registered practitioner. Backup
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`counsel, Adam Brausa and Rebecca Whitfield are also registered
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`practitioners.
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`Case No. IPR2017-02031
`Patent Owner’s Motion For Admission Pro Hac Vice Of Robert J. Gunther, Jr.
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`2. Counsel, Robert J. Gunther, Jr., is an experienced litigator and has an
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`established familiarity with the subject matter at issue in the proceeding.
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`Accompanying this motion as Exhibit 2001 is the Declaration of Robert J.
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`Gunther, Jr. in Support of this Motion for Admission Pro Hac Vice
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`(“Gunther Decl.”). In his declaration, Mr. Gunther asserts:
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`I am a member in good standing of the Bar of New York, and am
`admitted to practice before District Courts of the Southern
`District of New York the Eastern District of New York, the
`Western District of New York, the Northern District of
`California, the District of Colorado, the Eastern District of
`Michigan, the Western District of Michigan, and the Northern
`District of Illinois. I am also admitted to practice before the U.S.
`Courts of Appeals for the Second, Ninth, Tenth, and Federal
`Circuits. I am a fellow of The American College of Trial
`Lawyers.
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`Gunther Decl. ¶ 2 (Ex. 2001). Mr. Gunther also states that he has a long-
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`standing relationship with Patent Owner Genentech, Inc. and its parent
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`Roche. Gunther Decl. ¶ 11 (Ex. 2001). Mr. Gunther also demonstrates that
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`he has a detailed working knowledge of the relevant subject matter through
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`both prior inter partes review experience and his familiarity with antibody
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`technologies as a result of participation as counsel in prior antibody-related
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`patent cases. Gunther Decl. ¶ 12 (Ex. 2001).
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`Case No. IPR2017-02031
`Patent Owner’s Motion For Admission Pro Hac Vice Of Robert J. Gunther, Jr.
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`3. In his declaration, Mr. Gunther also attests to each of the listed items
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`required by the Order – Authorizing Motion for Pro Hac Vice Admission –
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`37 C.F.R. § 42.10 in IPR2013-00639. See Gunther Decl. ¶¶ 1-13 (Ex.
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`2001). Mr. Gunther attests that he has read and will comply with the Office
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`Patent Trial Practice Guide and the Board’s Rules of Practice for Trials set
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`forth in 37 C.F.R. § 42. See id. ¶ 8. Mr. Gunther further attests that he
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`agrees to be subject to the United States Patent and Trademark Office’s
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`Rules of Professional Conduct as 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). See id. ¶ 9.
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`III. Conclusion
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`For the foregoing reasons, Patent Owner respectfully requests that the Board
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`admit Robert J. Gunther, Jr. pro hac vice in this proceeding.
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`Date: January 10, 2018
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`Respectfully submitted,
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`By: /David L. Cavanaugh/
`David L. Cavanaugh
`Reg. No. 36,476
`Wilmer Cutler Pickering Hale and Dorr LLP
`1875 Pennsylvania Avenue NW
`Washington, DC 20006
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`- 4 -
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`Case No. IPR2017-02031
`Patent Owner’s Motion For Admission Pro Hac Vice Of Robert J. Gunther, Jr.
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`PATENT OWNER’S EXHIBIT LIST
`IPR2017-01373
`Exhibit Name
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`Patent Owner’s
`Exhibit Number
`2001
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`2002
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`2003
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`2004
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`2005
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`Declaration of Robert J. Gunther, Jr. in Support of Motion for
`Admission Pro Hac Vice
`Declaration of Daralyn J. Durie in Support of Motion for
`Admission Pro Hac Vice
`Declaration of Lisa J. Pirozzolo in Support of Motion for
`Admission Pro Hac Vice
`Declaration of Kevin S. Prussia in Support of Motion for
`Admission Pro Hac Vice
`Declaration of Andrew J. Danford in Support of Motion for
`Admission Pro Hac Vice
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`- i -
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`Case No. IPR2017-02031
`Patent Owner’s Motion For Admission Pro Hac Vice Of Robert J. Gunther, Jr.
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`CERTIFICATE OF SERVICE
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`I hereby certify that, on January 11, 2018, I caused a true and correct copy of
`the following materials:
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`
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` Patent Owner’s Unopposed Motion for Admission Pro Hac Vice of
`Robert J. Gunther, Jr.
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` Exhibit 2001
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` Patent Owner’s Exhibit List
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`to be served via electronic mail on the following attorneys of record:
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`Ira J. Levy
`GOODWIN PROCTER LLP
`620 Eighth Avenue, New York, NY 10018
`ILevy@goodwinlaw.com
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`Brian A. Fairchild
`GOODWIN PROCTER LLP
`100 Northern Avenue Boston, MA 02210
`bfairchild@goodwinlaw.com
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`DG-BI213@goodwinlaw.com
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`/Rebecca A. Whitfield/
`Rebecca A. Whitfield
`Reg. No. 73,756
`Wilmer Cutler Pickering Hale and Dorr LLP
`60 State Street
`Boston, MA 02109
`(617) 526-5566
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