Case: 14-4 Document: 8 Page: 3 Filed: 07/07/2014
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`Personal Statement of Edward R. Reines
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`I seriously regret the consequences to the Court and Judge Rader from my
`forwarding of his email of March 5. I did not anticipate or intend any of this. Let
`me explain. The oral arguments on March 4 were some of my best work as an
`advocate. I had represented my clients to the best of my ability and was gratified
`that a member of the panel had complimented the presentations. I saw nothing
`untoward about the kind compliment or the email passing along that compliment,
`neither of which addressed the merits of the cases. I forwarded the email to people
`in my personal and professional network who I thought would be interested-my
`mom, my brothers and sister, friends, clients, former clients, prospective clients,
`lawyers with whom I have worked, and law firm colleagues. I did so because I
`was proud of my performance and the compliment and, as regards clients, former
`clients, and prospective clients, because the compliment regarding my advocacy
`might properly encourage them to consider me as their advocate in the future.
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`I did not forward the email to advertise a friendship with Judge Rader. I
`hope I have many friends among the judges and bar of this Court. Over the last
`couple decades, I have worked professionally in many ways to assist my clients,
`the Court, its members, and its bar, and I treasure the friendships that have
`developed during that work and take pride that I have been recognized as a loyal
`supporter of the Court. But I perceive no need or utility to advertise those
`friendships, and I am aghast at the suggestion that I was implying that I could
`somehow improperly influence case outcomes. It is not true. It did not even occur
`to me that forwarding the email might be misconstrued as a suggestion that I could
`improperly influence the Court on the basis of friendship. I intended to suggest
`only that I was capable of excellent advocacy as illustrated by my performance in
`the back-to-back oral arguments in March. And Judge Rader's encouragement that
`I show the email to others reinforced my sense that it was appropriate to share.
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`Consistent with the following submission by my counsel and the
`accompanying opinions of independent experts, I respectfully believe that I have
`not violated professional standards. But that belief in no way diminishes my regret
`for the consequences of forwarding the email. I would never intentionally harm
`the interests of this Court or any of its members. In hindsight, it was a mistake to
`distribute the Email, and I apologize for having done so.
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`PROTIVA - EXHIBIT 2003
`Moderna Therapeutics, Inc. v. Protiva Biotherapeautics, Inc.
`IPR2018-00739
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