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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`AMNEAL PHARMACEUTICALS LLC AND
`AMNEAL PHARMACEUTICALS OF NEW YORK, LLC,
`Petitioners,
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`v.
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`ALMIRALL, LLC,
`Patent Owner.
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`Case IPR2018-00608
`Patent 9,161,926
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`DECLARATION OF ELIZABETH B. HAGAN IN SUPPORT OF
`PATENT OWNER ALMIRALL, LLC’S
`MOTION FOR ADMISSION PRO HAC VICE
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`IPR2018-00608
`Hagan Declaration ISO Motion for Admission Pro Hac Vice
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`I, Elizabeth B. Hagan, am more than twenty-one years of age, am competent
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`to present this declaration, and have personal knowledge of the facts set forth therein.
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`2.
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`This declaration is made in support of Patent Owner Almirall, LLC’s
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`Motion for Admission Pro Hac Vice of Elizabeth B. Hagan Pursuant to 37 C.F.R.
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`§ 42.10(c).
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`3.
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`4.
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`I am an associate in the law firm Fenwick & West LLP.
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`I earned a Ph.D. in Medical Science from the Pathobiology Graduate
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`Program at Brown University in 2009. I have been practicing law since 2013, and
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`have experience litigating patent infringement cases in district courts across the
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`United States and at the United States Court of Appeals for the Federal Circuit.
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`5.
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`I have been litigating patent cases for over five years. My experience
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`in patent litigation includes trials, claim construction, patent summary judgment
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`proceedings, and other patent-related hearings and pleadings concerning, among
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`other issues, patent validity and infringement.
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`6.
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`I am an attorney in good standing of the State Bar of Washington. I
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`have never been suspended or disbarred from practice before any court or
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`administrative body.
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`7.
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`No court or administrative body has ever denied my application for
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`admission to practice before it.
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`8.
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`No court or administrative body has ever imposed sanctions or
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`IPR2018-00608
`Hagan Declaration ISO Motion for Admission Pro Hac Vice
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`contempt citations against me.
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`9.
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`I have read and will comply with the Office Patent Trial Practice Guide
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`and the Board’s Rules of Practice for Trials set forth in part 42 of 37 C.F.R.
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`10.
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`I understand that I will be subject to the USPTO Rules of Professional
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`Conduct set forth in 37 C.F.R. §§ 11.101 et. seq. and disciplinary jurisdiction under
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`37 C.F.R. § 11.19(a).
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`11.
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`I have not applied to appear pro hac vice before the Office in the last
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`three years.
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`12.
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`I have an established familiarity with the subject matter at issue in this
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`proceeding. I am one of the attorneys representing Patent Owner Almirall, LLC
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`(“Almirall”) in the co-pending district court litigation against the Petitioner Eli Lilly
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`and Company and Lilly USA, LLC. Taro Pharmaceutical Industries Ltd. See
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`Almirall, LLC v. Taro Pharm. Indus., Ltd., Case No. 1:17-cv-00663 (JFB) (SRF) (D.
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`Del.). That litigation involves a patent in the same family as the patent at issue in
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`this proceeding, U.S. Patent No. 9,161,926 (“the ’926 patent”). As trial counsel for
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`Almirall, I am actively involved in all aspects of the district court litigation,
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`including development of infringement positions regarding a patent in the same
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`family as the ’926 patent challenged in this proceeding.
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`13.
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`I have also reviewed in detail the ’926 patent, which is the patent
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`involved in this proceeding, as well as its prosecution history, the Petition, the expert
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`IPR2018-00608
`Hagan Declaration ISO Motion for Admission Pro Hac Vice
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`declarations in support of the Petition, the prior art upon which the Petitioner bases
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`its challenge, and the Board’s Institution Decision.
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`14.
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`15.
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`I am thus familiar with the ’926 patent and the issues in this case.
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`I hereby declare that all statements made herein of my own knowledge
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`are true and that all statements made on information and belief are believed to be
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`true; and further that these statements are made with the knowledge that willful false
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`statements and the like are punishable by fine, imprisonment, or both, under Section
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`1001 of Title 18 of the United States Code.
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`EXECUTED at Seattle, Washington this 31st day of October, 2018.
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` /Elizabeth B. Hagan/
`Elizabeth B. Hagan
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`IPR2018-00608
`Hagan Declaration ISO Motion for Admission Pro Hac Vice
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6, I hereby certify that the foregoing
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`DECLARATION OF ELIZABETH B. HAGAN IN SUPPORT OF PATENT
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`OWNER ALMIRALL, LLC’S MOTION FOR ADMISSION PRO HAC VICE
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`was served by electronic mail on the following counsel of record for petitioner:
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`Dated: October 31, 2018
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`Dennies Varughese (dvarughe-PTAB@skgf.com)
`Adam C. LaRock (alarock-PTAB@skgf.com)
`PTAB@skgf.com
`Sterne, Kessler, Goldstein & Fox
`1100 New York Avenue, NW
`Suite 600
`Washington, DC 20005
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`Respectfully submitted,
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`FENWICK & WEST LLP
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`By: /James Trainor/
`James Trainor (Reg. No. 52,297)
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`Attorneys for Patent Owner
`Almirall, LLC
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`4
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