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`Filed: April 10, 2019
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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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`BIOGEN MA, INC.
`Patent Owner.
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`Patent No. 8,399,514
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`Inter Partes Review IPR2018-01403
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`DECLARATION OF DAVID L. ANSTAETT IN SUPPORT OF MOTION
`FOR PRO HAC VICE ADMISSION OF DAVID L. ANSTAETT
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`MYLAN PHARMS. INC. EXHIBIT 1056
`PAGE 1
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`I, David L. Anstaett, declare as follows:
`1.
`I am a patent litigation partner at Perkins Coie LLP.
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`2.
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`I am a member in good standing of the Bars of the Commonwealth of
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`Virginia and the State of Wisconsin. I am also admitted to practice before the
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`United States Courts of Appeals for the Federal Circuit, the United States Courts of
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`Appeals for the Fourth Circuit, and the United States Courts of Appeals for the
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`D.C. Circuit.
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`3. My Bar membership numbers are VA 46614 and WI 1037884.
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`4.
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`I have been practicing law for approximately 18 years, including
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`litigating patent cases, specifically focused on pharmaceutical and life science
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`patent cases, for approximately 10 years.
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`5.
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`In addition, I have represented the Petitioner and/or its various related
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`entities in litigating significant pharmaceutical patent cases, such as the following
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`patent cases:
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` AstraZeneca AB v. Mylan Laboratories Ltd., Civil Action No. 3:12-
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`cv-01378-MLC-TJB (U.S. District Court for the District of New
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`Jersey, U.S. Court of Appeals for the Federal Circuit);
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` Teva Pharmaceuticals USA Inc. v. Mylan Pharmaceuticals Inc., Civil
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`Action No.1:09-cv-08824-WHP (U.S. District Court for the Southern
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`MYLAN PHARMS. INC. EXHIBIT 1056
`PAGE 2
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`District of New York, U.S. Court of Appeals for the Federal Circuit,
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`U.S. Supreme Court);
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` Teva Pharmaceuticals USA Inc. v. Mylan Pharmaceuticals Inc., No.
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`10-cv-7246 (KBF) (U.S. District Court for the Southern District of
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`New York);
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` Mylan Pharmaceuticals Inc. v. Yeda Research & Development Co.,
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`IPR2015-00643, IPR2015-00644, IPR2015-00830 (PTAB, U.S. Court
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`of Appeals for the Federal Circuit)
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` Teva Pharmaceutical USA Inc. v. Mylan Pharmaceuticals Inc., Civil
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`Action No. 1:14-cv-01278-GMS (U.S. District Court for the District
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`of Delaware, U.S. Court of Appeals for the Federal Circuit);
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` Teva Pharmaceuticals USA, Inc. v. Mylan Pharmaceuticals Inc., Civil
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`Action No. 1:17-cv-00007-IMK (U.S. District Court for the Northern
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`District of West Virginia);
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` Teva Pharmaceuticals USA Inc. v. Mylan Pharmaceuticals Inc., Civil
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`Action No. 1:16-cv-01267-GMS (U.S. District Court of District of
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`Delaware);
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` The Medicines Co. v. Mylan Inc., Civil Action No. 15-1113
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`(consolidated) (U.S. Court of Appeals for the Federal Circuit);
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`MYLAN PHARMS. INC. EXHIBIT 1056
`PAGE 3
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` Hospira, Inc. v. Sylvia Mathews Burwell, Civil Action No. 8:14-cv-
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`02662-GJH (U.S. District Court District of Maryland, U.S. Court of
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`Appeals for the Fourth Circuit);
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` BTG International Ltd. v. Amneal Pharmaceuticals LLC, Civil Action
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`No. 15-cv-5909-KM-JBC (U.S. District Court for the District of New
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`Jersey, U.S. Court of Appeals for the Federal Circuit).
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`6.
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`I have never been disbarred, suspended, sanctioned, or cited for
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`contempt by any court or administrative body. I am not currently suspended in any
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`bar, or by any court or administrative body.
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`7.
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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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`8.
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`I am familiar with the subject matter of this proceeding. In addition to
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`U.S. Patent No. 8,399,514 (“the ’514 patent”) and its prosecution history, I am
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`familiar with the technology at issue and Tecfidera®, the pharmaceutical product
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`for which the ’514 patent is listed by Biogen IDEC Inc. in FDA’s publication,
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`Approved Drug Products with Therapeutic Equivalence Evaluations, commonly
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`referred to as the “Orange Book.” I have been litigating issues surrounding
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`Tecfidera® and the ’514 patent for over 1 year in Biogen International, Inc. v.
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`Mylan Pharmaceuticals Inc., Civil Action No. 17-cv-00116-IMK (N.D.W. Va.), on
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`behalf of Mylan Pharmaceuticals Inc.
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`MYLAN PHARMS. INC. EXHIBIT 1056
`PAGE 4
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`9.
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`In connection with my work on the Tecfidera litigation, I have
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`become familiar with the prior art references that are the subject of this proceeding.
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`10. Given my familiarity with the underlying facts and my litigation
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`experience with the Federal Rules of Evidence, I have experience and expertise
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`important to representing Petitioner’s interests in this matter.
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`11.
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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 Part 42 of 37 C.F.R.
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`12.
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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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`13.
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`I have previously applied for, and been granted, admission pro hac
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`vice before the United States Patent and Trademark Office in IPR2015-00643,
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`IPR2015-00644, and IPR2015-00830.
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`14.
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`I hereby declare that all statements made herein of my own
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`knowledge are true and that all statements made on information and belief are
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`believed to be true; and further that these statements are made with the knowledge
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`that willful false statements and the like are punishable by fine, imprisonment, or
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`both, under Section 1001 of Title 18 of the United States Code.
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`Dated: April 10, 2019
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`/s/ David L. Anstaett
`David L. Anstaett
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`MYLAN PHARMS. INC. EXHIBIT 1056
`PAGE 5
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