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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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`MOTION FOR PRO HAC VICE ADMISSION
`OF DAVID L. ANSTAETT
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`I.
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`Statement of Precise Relief Requested
`Mylan Pharmaceuticals Inc. (“Mylan”) hereby respectfully requests that the
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`Patent Trial and Appeal Board (the “Board”) admit David L. Anstaett, pro hac vice
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`in this proceeding under 37 C.F.R. § 42.10(c).
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`Patent Owner has stated it will not oppose this motion.
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`II.
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`Statement of Facts Showing Good Cause for the Board to Recognize
`Counsel Pro Hac Vice During the Proceeding
`Under 37 C.F.R. § 42.10(c), the Board may admit counsel pro hac vice for
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`good cause, so long as lead counsel is a registered practitioner and subject to any
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`other conditions the Board requires. Under Section 42.10(c), good cause includes
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`when “counsel is an experienced litigating attorney and has an established
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`familiarity with the subject matter at issue in the proceeding.” This motion
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`satisfies the requirements of Section 42.10(c):
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`1.
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`Lead counsel, Brandon M. White, is a registered practitioner.
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`2. Mr. Anstaett is an experienced patent litigator and has an established
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`familiarity with the subject matter at issue here, as shown in his accompanying
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`April 9, 2019 Declaration (“Anstaett Decl.”) (Ex. 1056), attached hereto. That
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`declaration shows that Mr. Anstaett has been a litigator for approximately 15 years.
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`He is a member in good standing of the Wisconsin and Virginia State Bars, and is
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`also admitted in numerous federal courts. Mr. Anstaett is also familiar with the
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`subject matter of this case, including U.S. Patent No. 8,399,514 and its prosecution
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`history, the underlying technology, and the prior art cited by the Petitioner in this
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`matter. Anstaett Decl. ¶¶ 8-9.
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`3.
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`In his declaration, Mr. Anstaett also attests to each of the listed items
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`required by the Order – Authorizing Motion for Pro Hac Vice Admission – 37
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`C.F.R. § 42.10 in IPR2013-00639. See Anstaett Decl. ¶¶ 2-13.
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`III. Conclusion
`For the foregoing reasons, Mylan respectfully requests that the Board admit
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`David L. Anstaett, pro hac vice in this proceeding.
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`Dated: April 10, 2019
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`By:
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`Respectfully submitted,
`PERKINS COIE LLP
`/s/ Brandon M. White
`Brandon M. White
`Reg. No. 52,354
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`2
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that the foregoing:
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`1. MOTION FOR PRO HAC VICE ADMISSION OF DAVID L. ANSTAETT,
`and
`DECLARATION OF DAVID L. ANSTAETT IN SUPPORT OF MOTION
`FOR PRO HAC VICE ADMISSION OF DAVID L. ANSTAETT (Ex. 1056)
`was served electronically via email as follows:
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`2.
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`Patent Owner:
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`Barbara C. McCurdy
`Mark J. Feldstein
`Erin M. Sommers
`Pier D. DeRoo
`Finnegan, Henderson, Farabow, Garrett
`& Dunner, LLP
`901 New York Avenue, NW
`Washington, DC 20001
`(202) 408-4047
`barbara.mccurdy@finnegan.com
`mark.feldstein@finnegan.com
`erin.sommers@finnegan.com
`pier.deroo@finnegan.com
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`Dated: April 10, 2019
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`/s/ Brandon M. White
`Brandon M. White
`Registration No. 52,354
`Perkins Coie LLP
`700 13th St., NW, Suite 600
`Washington, D.C. 20005
`Telephone: (202) 654-6206
`E-mail: bmwhite@perkinscoie.com
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