`
`
`
`
`
`
`Filed on behalf of: KVK-Tech, Inc.
`By: Steven Roth (sroth@lmiplaw.com)
`Lucas & Mercanti, LLP
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Filed January 24, 2019
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`______________________
`
`KVK-Tech, Inc.
`Petitioner
`
`v.
`
`Shire PLC
`Patent Owner
`
`______________________
`Case IPR2018-00293
`U.S. Pat. No. 9,173,857
`______________________
`
`
`
`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
`
`I.
`
`and Appeal Board (the “Board”) admit David J. Galluzzo pro hac vice in this proceeding,
`
`IPR2018-00293.
`
`II.
`
`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
`
`during a proceeding upon a showing of good cause, subject to the condition that lead counsel be
`
`a registered practitioner and to any other conditions the Board may impose. Section 42.10(c)
`
`indicates that, “where lead counsel is a registered practitioner, a motion to appear pro hac vice by
`
`counsel who is not a registered practitioner may be granted upon a showing that counsel is an
`
`experienced litigating attorney and has an established familiarity with the subject matter at issue
`
`in the proceeding.” The facts here establish good cause for the Board to recognize Mr. Galluzzo
`
`pro hac vice in this proceeding.
`
`1.
`
`Lead counsel, Steven Roth, is a registered practitioner. Back-up counsel, Thomas
`
`J. Vetter is also a registered practitioner.
`
`2.
`
`Mr. Galluzzo is an experienced litigator who has an established familiarity with
`
`the subject matter at issue in this proceeding. Accompanying this motion as Exhibit 1044 is the
`
`Declaration of David J. Galluzzo in Support of Motion for Admission Pro Hac Vice (“Galluzzo
`
`Decl.”). In his declaration, Mr. Galluzzo asserts:
`
`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.
`
`
`
`Galluzzo Decl. ¶ 3 (EX. 1044). Mr. Galluzzo also demonstrates that he has a detailed working
`
`knowledge of the relevant subject matter as a former pharmaceutical scientist and through his
`
`preparation in these proceedings including research involving amphetamine salts and Adderall®
`
`formulations. Id. ¶ 9.
`
`3.
`
`In his declaration, Mr. Galluzzo 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 Galluzzo Decl. ¶¶ 1-10 (Ex. 1044). Mr. Galluzzo attests that he has read and will
`
`comply with the Office Patent Trial Practice Guide and the Board's Rules of Practice for Trials
`
`set forth in 35 C.F.R. § 42. Id. ¶ 7. Mr. Galluzzo further attests that he agrees to be subject to the
`
`United States Patent and Trademark Office's Rules of Professional Conduct as set forth in 37
`
`C.F.R. §§ 11.101 et seq. and disciplinary jurisdiction under 37 C.F.R. § 1 l.19(a). Id. ¶ 8.
`
`III. Conclusion
`For the foregoing reasons, Petitioner respectfully requests that the Board admit Mr.
`
`Galluzzo pro hac vice in this proceeding.
`
`
`
`
`
`Date: January 24, 2019
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`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
`
` Counsel for Petitioner
` KVK-Tech, Inc.
`
`
`
`
`
`
`
`Case No. IPR2018-00293
`Petitioner’s Motion for Admission Pro Hac Vice of David J. Galluzzo
`
`CERTIFICATE OF SERVICE
`Pursuant to 37 C.F.R. §§ 42.6(e)(4), the undersigned certifies that a true and
`
`
`
`correct copy of this document (Petitioner's Motion for Admission Pro Hac Vice of David J.
`
`Galluzzo), and every Exhibit filed with this document, were served electronically via email on
`
`January 24, 2019, in its entirety on each of the following:
`
`
`
`Joseph R. Robinson
`Troutman Sanders LLP
`875 Third Avenue
`New York, NY 10022
`joseph.robinson@troutmansanders.com
`
`
`Robert Schaffer
`Troutman Sanders LLP
`875 Third Avenue
`New York, NY 10022
`robert.schaffer@troutmansanders.com
`
`
`Dustin B. Weeks
`Troutman Sanders LLP
`Bank of America Plaza
`600 Peachtree Street NE, Suite 5200
`Atlanta, GA 30308-2231
`dustin.weeks@troutmansanders.com
`
`
`
`
`
`
`
`Patent Owner has consented to electronic service.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/s/ Steven Roth
`Steven Roth
`Reg. No. 47,039
`
`