`
`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 Owners
`____________________________
`
`Case No. IPR2018-00272
`U.S. Patent No. 9,393,208
`____________________________
`
`MOTION FOR PRO HAC VICE ADMISSION
`OF AUTUMN N. NERO
`
`
`
`
`
`I.
`
`Statement of Precise Relief Requested
`Mylan Pharmaceuticals Inc. (“Mylan”) hereby respectfully requests that the
`
`
`
`Patent Trial and Appeal Board (the “Board”) admit Autumn N. Nero pro hac vice
`
`in this proceeding under 37 C.F.R. § 42.10(c).
`
`Patent Owners have stated they will not oppose this motion.
`
`II.
`
`Statement of Facts Showing Good Cause for the Board to Recognize
`Counsel Pro Hac Vice During the Proceeding
`Under 37 C.F.R. § 42.10(c), the Board may admit counsel pro hac vice for
`
`good cause, so long as lead counsel is a registered practitioner and subject to any
`
`other conditions the Board requires. Under Section 42.10(c), good cause includes
`
`when “counsel is an experienced litigating attorney and has an established
`
`familiarity with the subject matter at issue in the proceeding.” This motion
`
`satisfies the requirements of Section 42.10(c):
`
`1.
`
`Lead counsel, Brandon M. White, is a registered practitioner.
`
`2. Ms. Nero is an experienced patent litigator and has an established
`
`familiarity with the subject matter at issue here, as shown in her accompanying
`
`January 31, 2019 Declaration (“Nero Decl.”), attached hereto. That declaration
`
`shows that Ms. Nero has been a litigator for 12 years. She is a member in good
`
`standing of the Wisconsin State Bar and is also admitted in the federal courts. Ms.
`
`Nero is also familiar with the subject matter of this case, including U.S. Patent No.
`
`
`
`- 1 -
`
`
`
`9,393,208 and its prosecution history, the underlying technology, and the prior art
`
`cited by the petitioner in this matter. Nero Decl. ¶¶ 8-9.
`
`3.
`
`In her declaration, Ms. Nero also attests to each of the listed items
`
`required by the Order – Authorizing Motion for Pro Hac Vice Admission – 37
`
`C.F.R. § 42.10 in IPR2013-00639. See Nero Decl. ¶¶ 2-13.
`
`III. Conclusion
`For the foregoing reasons, Mylan respectfully requests that the Board admit
`
`Autumn N. Nero, pro hac vice in this proceeding.
`
`
`
`Dated: January 31, 2019
`
`
`
`
`
`
`
`/Brandon M. White/
`Brandon M. White
`Reg. No. 52,354
`
`PERKINS COIE LLP
`700 13th Street, NW, Suite 600
`Washington, D.C. 20005
`Telephone: (202) 654-6204
`Facsimile: (202) 654-6211
`Email: bmwhite@perkinscoie.com
`
`Attorney for Mylan Pharmaceuticals Inc.
`
`
`
`
`
`- 2 -
`
`
`
`
`
`2.
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that the foregoing:
`
`1. MOTION FOR PRO HAC VICE ADMISSION OF AUTUMN N. NERO,
`and
`DECLARATION OF AUTUMN N. NERO IN SUPPORT OF MOTION
`FOR PRO HAC VICE ADMISSION OF AUTUMN N. NERO
`was served electronically via email as follows:
`
`Patent Owners:
`
`Thomas A. Blinka
`Jonathan G. Graves
`Ellen Scordino
`Cooley LLP
`zIPR2018-00272@cooley.com
`
`Margaret J. Sampson
`Stephen M. Hash
`Jeffrey S. Gritton
`Baker Botts LLP
`pozen-vimovoBB@bakerbotts.com
`
`
`
`
`/Brandon M. White/
`Brandon M. White
`
`Attorney for Mylan Pharmaceuticals Inc.
`
`
`
`
`Dated: January 31, 2019
`
`
`
`
`
`
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