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