`Case No. IPR2018-00892
`Patent Owners’ Motion for Admission Pro Hac Vice of Kevin S. Prussia
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`Filed on behalf of Bristol-Myers Squibb Co. and Pfizer Inc.
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`By: Heather M. Petruzzi, Reg. No. 71,270 (Lead Counsel)
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`WILMER CUTLER PICKERING HALE AND DORR LLP
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`1875 Pennsylvania Avenue, NW
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`Washington, DC 20006
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`Tel: (202) 663-6000
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`Email: Heather.Petruzzi@wilmerhale.com
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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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`MYLAN PHARMACEUTICALS INC.,
`Petitioner,
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`v.
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`BRISTOL-MYERS SQUIBB CO.
`and PFIZER INC.,
`Patent Owners.
`
`IPR No. 2018-00892
`Patent No. 9,326,945 B2
`
`
`PATENT OWNERS’ MOTION FOR ADMISSION
`PRO HAC VICE OF KEVIN S. PRUSSIA
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`Case No. IPR2018-00892
`Patent Owners’ Motion for Admission Pro Hac Vice of Kevin S. Prussia
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`I. Statement of Precise Relief Requested
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`Pursuant to 37 C.F.R. § 42.10(c), Patent Owners Bristol-Myers Squibb Co.
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`and Pfizer Inc. (collectively, “Patent Owners”) request that the Patent Trial and
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`Appeal Board (the “Board”) admit Kevin S. Prussia pro hac vice in this
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`proceeding, IPR2018-00892.
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`II. Statement of Facts Showing Good Cause for the Board to Recognize
`Counsel Pro Hac Vice During the Proceeding
`In accordance with 37 C.F.R. § 42.10(c), the Board may recognize counsel
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`pro hac vice during a proceeding upon a showing of good cause, subject to the
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`condition that lead counsel be a registered practitioner and to any other conditions
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`as the Board may impose. Section 42.10(c) indicates that “where lead counsel is a
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`registered practitioner, a motion to appear pro hac vice by counsel who is not a
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`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
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`matter at issue in the proceeding.” The facts here establish good cause for the
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`Board to recognize Kevin S. Prussia pro hac vice in this proceeding.
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`1. Lead counsel, Heather M. Petruzzi, is a registered practitioner. Backup
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`counsel Timothy A. Cook, Kevin M. Yurkerwich, Michael E. Nelson, and
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`Jason M. Okun, are also registered practitioners.
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`– 2 –
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`Case No. IPR2018-00892
`Patent Owners’ Motion for Admission Pro Hac Vice of Kevin S. Prussia
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`2. Kevin S. Prussia is an experienced litigator and has an established
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`familiarity with the subject matter at issue in the proceeding. Accompanying
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`this motion as Exhibit 2001 is the Declaration of Kevin S. Prussia in Support
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`of this Motion for Admission Pro Hac Vice (“Prussia Decl.”). In his
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`declaration, Mr. Prussia asserts:
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`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.
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`Prussia Decl. ¶ 3 (Ex. 2001). Mr. Prussia also demonstrates that he has a
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`detailed working knowledge of the relevant subject matter through both
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`prior inter partes review experience and his familiarity with pharmaceutical
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`technologies as a result of participation as counsel in the corresponding
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`district court litigation on this patent as well as many prior pharmaceutical-
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`related intellectual property cases on behalf of both Patent Owner Bristol-
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`Myers Squibb and other pharmaceutical companies. Prussia Decl. ¶¶ 5-6
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`(Ex. 2001).
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`– 3 –
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`Case No. IPR2018-00892
`Patent Owners’ Motion for Admission Pro Hac Vice of Kevin S. Prussia
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`3. In his declaration, Mr. Prussia also attests to each of the listed items required
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`by the Order – Authorizing Motion for Pro Hac Vice Admission – 37 C.F.R.
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`§ 42.10 in IPR2013-00639. See Prussia Decl. ¶¶ 1-11 (Ex. 2001).
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`Mr. Prussia attests that he has read and will comply with the Office Patent
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`Trial Practice Guide and the Board’s Rules of Practice for Trials set forth in
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`37 C.F.R. § 42. See id. ¶ 10. Mr. Prussia further attests that he agrees to be
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`subject to the United States Patent and Trademark Office’s Rules of
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`Professional Conduct as set forth in 37 C.F.R. §§ 11.101 et seq. and
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`disciplinary jurisdiction under 37 C.F.R. § 11.19(a). See id. ¶ 11.
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`III. Conclusion
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`For the foregoing reasons, Patent Owners respectfully request that the Board
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`admit Kevin S. Prussia pro hac vice in this proceeding.
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`Dated: May 16, 2018
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`– 4 –
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`Respectfully submitted,
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`By: /Heather M. Petruzzi/
` Heather M. Petruzzi
` Registration No. 71,270
` WILMER CUTLER PICKERING
`HALE AND DORR LLP
`1875 Pennsylvania Avenue, NW
`Washington, DC 20006
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`
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`Lead Counsel for Bristol-Myers
`Squibb Co. and Pfizer Inc.
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`
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`Case No. IPR2018-00892
`Patent Owners’ Motion for Admission Pro Hac Vice of Kevin S. Prussia
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`PATENT OWNERS’ EXHIBIT LIST
`IPR2018-00892
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`Patent Owners’
`Exhibit Number Exhibit Name
`2001
`Declaration of Kevin S. Prussia in Support of Motion for
`Admission Pro Hac Vice
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`Case No. IPR2018-00892
`Patent Owners’ Motion for Admission Pro Hac Vice of Kevin S. Prussia
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`CERTIFICATE OF SERVICE
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`I hereby certify that, on May 16, 2018, I caused a true and correct copy of
`the following materials:
`
` •
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` Patent Owners’ Motion for Admission Pro Hac Vice of Kevin S. Prussia
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`• Exhibit 2001, Declaration of Kevin S. Prussia in Support of Motion for
`Pro Hac Vice Admission
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`• Patent Owner’s Exhibit List
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`to be served via electronic mail on the following attorneys of record and
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`crystalregan@parkerpoe.com:
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`Robert L. Florence
`Parker Poe Adams & Bernstein LLP
`1180 Peachtree Street, N.E., Suite 3300
`Atlanta, GA 30309
`robertflorence@parkerpoe.com
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`Karen L. Carroll
`Parker Poe Adams & Bernstein LLP
`1180 Peachtree Street, N.E., Suite 3300
`Atlanta, GA 30309
`karencarroll@parkerpoe.com
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`Micheal L. Binns
`Parker Poe Adams & Bernstein LLP
`1180 Peachtree Street, N.E., Suite 3300
`Atlanta, GA 30309
`michealbinns@parkerpoe.com
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`Sharad K. Bijanki
`Parker Poe Adams & Bernstein LLP
`1180 Peachtree Street, N.E., Suite 3300
`Atlanta, GA 30309
`sharadbijanki@parkerpoe.com
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`_/Michael E. Nelson/____________
`Michael E. Nelson
`Reg. No. 64,115
`WILMER CUTLER PICKERING
`HALE AND DORR LLP
`1875 Pennsylvania Ave, NW
`Washington, DC 20006
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