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`Filed on behalf of: KVK-Tech, Inc.
`By: Steven Roth (sroth@lmiplaw.com)
`Lucas & Mercanti, LLP
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`Filed January 24, 2019
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`______________________
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`KVK-Tech, Inc.
`Petitioner
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`v.
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`Shire PLC
`Patent Owner
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`______________________
`Case IPR2018-00290
`U.S. Pat. No. 8,846,100
`______________________
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`PETITIONER’S MOTION FOR ADMISSION PRO HAC VICE OF
`DAVID J. GALLUZZO
`Statement of Precise Relief Requested
`Pursuant to 37 C.F.R. § 42.l0(c), Petitioner KVK-Tech, Inc. requests that the Patent Trial
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`I.
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`and Appeal Board (the “Board”) admit David J. Galluzzo pro hac vice in this proceeding,
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`IPR2018-00290.
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`II.
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`Statement of Facts Showing Good Cause for the Board to Recognize Counsel Pro
`Hac Vice During this Proceeding
`In accordance with 37 C.F.R. § 42.l0(c), the Board may recognize counsel pro hac vice
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`during a proceeding upon a showing of good cause, subject to the condition that lead counsel be
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`a registered practitioner and to any other conditions the Board may impose. Section 42.10(c)
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`indicates that, “where lead counsel is a registered practitioner, a motion to appear pro hac vice by
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`counsel who is not a 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 matter at issue
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`in the proceeding.” The facts here establish good cause for the Board to recognize Mr. Galluzzo
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`pro hac vice in this proceeding.
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`1.
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`Lead counsel, Steven Roth, is a registered practitioner. Back-up counsel, Thomas
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`J. Vetter is also a registered practitioner.
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`2.
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`Mr. Galluzzo is an experienced litigator who has an established familiarity with
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`the subject matter at issue in this proceeding. Accompanying this motion as Exhibit 1043 is the
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`Declaration of David J. Galluzzo in Support of Motion for Admission Pro Hac Vice (“Galluzzo
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`Decl.”). In his declaration, Mr. Galluzzo asserts:
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`I am a member in good standing of the Bars of New York and Connecticut, and am
`admitted to practice before the U.S. District Courts for the Southern District of New
`York, Eastern District of New York, and the District of Delaware.
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`Galluzzo Decl. ¶ 3 (EX. 1043). Mr. Galluzzo also demonstrates that he has a detailed working
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`knowledge of the relevant subject matter as a former pharmaceutical scientist and through his
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`preparation in these proceedings including research involving amphetamine salts and Adderall®
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`formulations. Id. ¶ 9.
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`3.
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`In his declaration, Mr. Galluzzo also attests to each of the listed items required by
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`the Order – Authorizing Motion for Pro Hac Vice Admission – 37 C.F.R.§ 42.10 in IPR2013-
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`00639. See Galluzzo Decl. ¶¶ 1-10 (Ex. 1043). Mr. Galluzzo attests that he has read and will
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`comply with the Office Patent Trial Practice Guide and the Board's Rules of Practice for Trials
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`set forth in 35 C.F.R. § 42. Id. ¶ 7. Mr. Galluzzo further attests that he agrees to be subject to the
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`United States Patent and Trademark Office's Rules of Professional Conduct as set forth in 37
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`C.F.R. §§ 11.101 et seq. and disciplinary jurisdiction under 37 C.F.R. § 1 l.19(a). Id. ¶ 8.
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`III. Conclusion
`For the foregoing reasons, Petitioner respectfully requests that the Board admit Mr.
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`Galluzzo pro hac vice in this proceeding.
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`Date: January 24, 2019
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`Respectfully submitted,
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`By: /s/ Steven Roth
` Steven Roth, Reg No. 47,039
` Thomas J. Vetter
` Lucas & Mercanti, LLP
` 30 Broad St. 21st Floor
` New York, N.Y. 10004
` Tel: 212-661-8000
` Email: sroth@lmiplaw.com
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` Counsel for Petitioner
` KVK-Tech, Inc.
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`Case No. IPR2018-00290
`Petitioner’s Motion for Admission Pro Hac Vice of David J. Galluzzo
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`CERTIFICATE OF SERVICE
`Pursuant to 37 C.F.R. §§ 42.6(e)(4), the undersigned certifies that a true and
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`correct copy of this document (Petitioner's Motion for Admission Pro Hac Vice of David J.
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`Galluzzo), and every Exhibit filed with this document, were served electronically via email on
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`January 24, 2019, in its entirety on each of the following:
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`Joseph R. Robinson
`Troutman Sanders LLP
`875 Third Avenue
`New York, NY 10022
`joseph.robinson@troutmansanders.com
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`Robert Schaffer
`Troutman Sanders LLP
`875 Third Avenue
`New York, NY 10022
`robert.schaffer@troutmansanders.com
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`Dustin B. Weeks
`Troutman Sanders LLP
`Bank of America Plaza
`600 Peachtree Street NE, Suite 5200
`Atlanta, GA 30308-2231
`dustin.weeks@troutmansanders.com
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`Patent Owner has consented to electronic service.
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`/s/ Steven Roth
`Steven Roth
`Reg. No. 47,039
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