IPR No. 2018-00892
`Patent No. 9,326,945 B2
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`MYLAN PHARMACEUTICALS INC.,
`Petitioner,
`
`v.
`
`BRISTOL-MYERS SQUIBB CO.
`and PFIZER INC.,
`Patent Owners.
`
`IPR No. 2018-00892
`Patent No. 9,326,945 B2
`
`DECLARATION OF KEVIN S. PRUSSIA IN SUPPORT OF
`MOTION FOR ADMISSION PRO HAC VICE
`
`BMS 2001
`MYLAN v. BMS
`IPR2018-00892
`
`
`Patent No. 9,326,945 B2
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`MYLAN PHARMACEUTICALS INC.,
`Petitioner,
`
`v.
`
`BRISTOL-MYERS SQUIBB CO.
`and PFIZER INC.,
`Patent Owners.
`
`IPR No. 2018-00892
`Patent No. 9,326,945 B2
`
`DECLARATION OF KEVIN S. PRUSSIA IN SUPPORT OF
`MOTION FOR ADMISSION PRO HAC VICE
`
`BMS 2001
`MYLAN v. BMS
`IPR2018-00892
`
`
`
`IPR No. 2018-00892
`Patent No. 9,326,945 B2
`
`I, Kevin S. Prussia, declare as follows:
`
`1.
`
`I obtained a B.A. from New York University in 2001 and a J.D. from
`
`the Boston University School of Law in 2006.
`
`2.
`
`I am currently a partner in the law firm of Wilmer Cutler Hale and
`
`Dorr LLP, a position which I have held since January 1, 2015. In my nearly 12
`
`years of law practice, I have focused primarily on representing clients in patent
`
`litigations involving the chemical and pharmaceutical arts in United States district
`
`courts and the Court of Appeals for the Federal Circuit. Through this work, I have
`
`gained extensive experience as a litigating attorney, particularly in patent cases.
`
`3.
`
`I am a member in good standing of the Bars of the Commonwealth of
`
`Massachusetts and the State of New York. I am admitted to practice before the
`
`U.S. District Court for the District of Massachusetts. I am also admitted to practice
`
`before the U.S. Court of Appeals for the First Circuit and the U.S. Court of
`
`Appeals for the Federal Circuit. I am also admitted to practice before the Supreme
`
`Judicial Court of Massachusetts, and the Appellate Division, Supreme Court of
`
`New York, Third Judicial Department.
`
`4.
`
`5.
`
`My Massachusetts Bar membership number is 666813.
`
`Currently, I am appearing pro hac vice in IPR2017-00731, IPR2017-
`
`00737, IPR2017-00739, IPR2017-00804, IPR2017-00805, IPR2017-01121,
`
`IPR2017-01122, IPR2017-01139, IPR2017-01140, IPR2017-01373, IPR2017-
`
`– 1 –
`
`
`
`
`
`
`01374, IPR2017-01488, IPR2017-01489, IPR2017-01726, IPR2017-01727,
`
`IPR No. 2018-00892
`Patent No. 9,326,945 B2
`
`
`
`
`IPR2017-01958, IPR2017-01959, IPR2017-01960, IPR2017-02031, IPR2017-
`
`02032, IPR2017-02063, IPR2017-02139, IPR2017-02140, IPR2018-00016,
`
`IPR2018-00192, IPR2018-00330, and IPR2018-00331. In the past three years, I
`
`have appeared pro hac vice before the Office in the following proceedings: ASML
`
`Netherlands BV, et al. v. Energetiq Tech., Inc., IPR2015-01300 (pro hac vice
`
`granted); ASML Netherlands BV, et al. v. Energetiq Tech., Inc., IPR2015-01377
`
`(pro hac vice granted); ASML Netherlands BV, et al. v. Energetiq Tech., Inc.,
`
`IPR2015-01279 (pro hac vice granted); ASML Netherlands BV, et al. v. Energetiq
`
`Tech., Inc., IPR2015-01277 (pro hac vice granted); ASML Netherlands BV, et al.
`
`v. Energetiq Tech., Inc., IPR2015-01368 (pro hac vice granted); ASML
`
`Netherlands BV, et al. v. Energetiq Tech., Inc., IPR2015-01362 (pro hac vice
`
`granted); ASML Netherlands BV, et al. v. Energetiq Tech., Inc., IPR2015-01375
`
`(pro hac vice granted); Coalition for Affordable Drugs VII, LLC v. The Trustees of
`
`U. Penn., IPR2015-01835 (pro hac vice granted); Coalition for Affordable Drugs
`
`VII, LLC v. The Trustees of U. Penn., IPR2015-01836 (pro hac vice granted).
`
`6.
`
`I have an established familiarity with the subject matter of the U.S.
`
`Patent No. 9,326,945 (the ’945 patent), the ’945 patent’s file history, and the prior
`
`art at issue in this proceeding. I have been representing Bristol-Myers Squibb Co.
`
`in connection with intellectual property matters since 2015 and currently represent
`
`
`
`– 2 –
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`
`
`
`
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`Bristol-Myers Squibb Co. and Pfizer Inc. in the related district court cases
`
`IPR No. 2018-00892
`Patent No. 9,326,945 B2
`
`
`
`
`involving the ’945 patent in the District of Delaware. I have also recently
`
`represented other pharmaceutical companies, including, among others, Novartis
`
`Pharmaceuticals Corp., Genentech, Inc., CSL Behring GmbH, and AbbVie, Inc., in
`
`intellectual property matters, including matters involving formulation technology.
`
`7.
`
`I have never been suspended or disbarred from practice before any
`
`court or administrative body.
`
`8.
`
`I have never had a court or administrative body deny my application
`
`for admission to practice.
`
`9.
`
`I have never had any sanctions or contempt citations imposed on me
`
`by any court or administrative body.
`
`10.
`
`I have read and will comply with Office Patent Trial Practice Guide
`
`and the Board’s Rules of Practice for Trials, as set forth in 37 C.F.R. Part 42.
`
`11.
`
`I agree to be subject to the United States Patent and Trademark Office
`
`Rules of Professional Conduct set forth in 37 C.F.R. §§ 11.101 et seq. and
`
`disciplinary jurisdiction under 37 C.F.R. § 11.19(a).
`
`I hereby declare that all statements made herein of my own knowledge are
`
`true and that all statements made on information and belief are believed to be true;
`
`and further that these statements are made with the knowledge that willful false
`
`statements and the like are punishable by fine, imprisonment, or both, under
`
`
`
`– 3 –
`
`
`
`
`
`
`Section 1001 of Title 18 of the United States Code.
`
`
`
`
`IPR No. 2018-00892
`Patent No. 9,326,945 B2
`
`Dated: May 14, 2018
`
`Respectfully submitted,
`
`
`/ Kevin S. Prussia/
`Kevin S. Prussia
`WILMER CUTLER PICKERING
` HALE AND DORR LLP
`60 State Street
`Boston, MA 02109
`Kevin.Prussia@wilmerhale.com
`Tel.: 617-526-6243
`Fax: 617-526-5000
`
`– 4 –
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