`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________________________
`
`MYLAN PHARMACEUTICALS INC.
`
`Petitioner
`
`v.
`
`HORIZON PHARMA USA, INC. and NUVO PHARMACEUTICALS
`(IRELAND) DESIGNATED ACTIVITY COMPANY.
`Patent Owner
`____________________________
`
`Case No. IPR2018-00272
`U.S. Patent No. 9,393,208
`____________________________
`
`DECLARATION OF AUTUMN N. NERO
`IN SUPPORT OF MOTION FOR PRO HAC VICE ADMISSION OF
`AUTUMN N. NERO
`
`
`MYLAN PHARMS. INC. EXHIBIT 1054
`PAGE 1
`
`
`
`I, Autumn N. Nero, declare as follows:
`1.
`I am a patent litigation partner at Perkins Coie LLP.
`
`2.
`
`I am a member in good standing of the Bar of the State of Wisconsin.
`
`I am also admitted to practice before the United States Supreme Court, the United
`
`States Court of Appeals for the Federal Circuit, the United States Court of Appeals
`
`for the Seventh Circuit, and the United States Court of Appeals for the Eleventh
`
`Circuit. I am admitted to practice before the United States District Court for the
`
`Eastern District of Wisconsin and the United States District Court for the Western
`
`District of Wisconsin.
`
`3. My State of Wisconsin Bar membership number is 1060065.
`
`4.
`
`I have been practicing law for 12 years, including litigating patent
`
`cases, specifically focused on pharmaceutical patent cases for approximately 9
`
`years.
`
`5. More generally, I have represented the Petitioner and/or its various
`
`related entities in litigating significant pharmaceutical patent cases, such as the
`
`following patent cases:
`
`
`
`The Medicines Company v. Mylan Inc., Civil Action No. 1:11-cv-
`
`01285 (U.S. District Court for the Northern District of Illinois);
`
`
`
`MYLAN PHARMS. INC. EXHIBIT 1054
`PAGE 2
`
`
`
`
`
`AstraZeneca Pharmaceuticals LP v. Mylan Pharmaceuticals Inc., No.
`
`1:15-cv-0183 (U.S. District Court for the Northern District of West
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Virginia);
`
`AstraZeneca Pharmaceuticals LP v. Agila Specialties Inc., No. 1:15-
`
`cv-06039 (U.S. District Court for the District of New Jersey);
`
`Horizon Pharma, Inc. v. Mylan Pharms. Inc., No. 13-cv-04022-MLC-
`
`DEA (U.S. District Court for the District of New Jersey);
`
`Horizon Pharma, Inc. v. Mylan Pharms. Inc., No. 15-cv-03327-SRC-
`
`CLW (U.S. District Court for the District of New Jersey);
`
`Apotex, Inc. v. Daiichi Sankyo Inc., No. 15-cv-03695 (U.S. District
`
`Court for the Northern District of Illinois);
`
`Alembic Pharmaceuticals Ltd. v. Daiichi Sankyo, Co., No. 16-cv-
`
`03956 (U.S. District Court for the Northern District of Illinois);
`
`Aurobindo Pharmaceuticals Ltd. v. Daiichi Sankyo, Inc., No. 16-cv-
`
`04876 (U.S. District Court for the Northern District of Illinois);
`
`Sandoz, Inc. v. Daiichi Sankyo, No. 16-cv-81 (U.S. District Court for
`
`the Eastern District of Virginia);
`
`Torrent Pharmaceuticals Ltd. v. Daiichi Sankyo, Inc., No. 16-cv-
`
`02988 (U.S. District Court for the Northern District of Illinois);
`
`
`
`MYLAN PHARMS. INC. EXHIBIT 1054
`PAGE 3
`
`
`
`
`
`
`
`Horizon Pharma, Inc. v. Mylan Pharms. Inc., No. 16-cv-04921-SRC-
`
`CLW (U.S. District Court for the District of New Jersey); and
`
`Pozen Inc. v. Dr. Reddy’s Laboratories Inc., No. 17-2473
`
`(consolidated) (U.S. Court of Appeals for the Federal Circuit).
`
`6.
`
`I have never been disbarred, suspended, sanctioned, or cited for
`
`contempt by any court or administrative body. I am not currently suspended in any
`
`bar, or by any court or administrative body.
`
`7.
`
`I have never had a court or administrative body deny my application
`
`for admission to practice.
`
`8.
`
`I am familiar with the subject matter of this proceeding. In addition to
`
`U.S. Patent No. 9,393,208 (“the ’208 patent”) and its prosecution history, I am
`
`familiar with the technology at issue and Vimovo®, the pharmaceutical product for
`
`which the ’208 patent is listed in FDA’s publication Approved Drug Products with
`
`Therapeutic Equivalence Evaluations, commonly referred to as the “Orange
`
`Book.” I have been litigating issues surrounding Vimovo for over 2 years in
`
`Horizon Pharma, Inc. v. Mylan Pharms. Inc., Civil Action No. 13-cv-04022-MLC-
`
`DEA (D.N.J.), Horizon Pharma, Inc. v. Mylan Pharms. Inc., No. 15-cv-03327-
`
`SRC-CLW (D.N.J.), Horizon Pharma, Inc. v. Mylan Pharms. Inc., No. 16-cv-
`
`04921-SRC-CLW (D.N.J.), and Pozen Inc. v. Dr. Reddy’s Laboratories Inc., No.
`
`
`
`MYLAN PHARMS. INC. EXHIBIT 1054
`PAGE 4
`
`
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`17-2473 (consolidated) (Fed. Cir.) on behalf of Mylan Pharmaceuticals Inc., Mylan
`
`Laboratories Ltd., and Mylan Inc.
`
`9.
`
`In connection with my work on the Vimovo litigation, I have become
`
`familiar with the prior art references that are the subject of this proceeding.
`
`10. Given my familiarity with the underlying facts and my litigation
`
`experience with the Federal Rules of Evidence, I have experience and expertise
`
`important to representing Mylan’s interests in this matter.
`
`11.
`
`I have read and will comply with Office Patent Trial Practice Guide
`
`and the Board’s Rules of Practice for Trials, as set forth in Part 42 of 37 C.F.R.
`
`12.
`
`I agree to be subject to the United States Patent and Trademark Office
`
`Rules of Professional Conduct set forth in 37 C.F.R. §§ 11.101 et. seq. and
`
`disciplinary jurisdiction under 37 C.F.R. § 11.19(a).
`
`13.
`
`I have previously applied for, and been granted, admission pro hac
`
`vice before the United States Patent and Trademark Office in IPR2017-01995.
`
`14.
`
`I hereby 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 are made with the knowledge
`
`that willful false statements and the like are punishable by fine, imprisonment, or
`
`both, under Section 1001 of Title 18 of the United States Code.
`
`
`
`
`
`MYLAN PHARMS. INC. EXHIBIT 1054
`PAGE 5
`
`
`
`Dated: January 31, 2019
`
`
`/s/ Autumn N. Nero
`Autumn N. Nero
`
`
`
`
`
`MYLAN PHARMS. INC. EXHIBIT 1054
`PAGE 6
`
`
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