`571.272.7822
`
`
`
`
` Paper 32
`Entered: May 16, 2019
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`MYLAN PHARMACEUTICALS INC.,
`Petitioner,
`
`v.
`
`BIOGEN MA INC.,
`Patent Owner.
`
`
`
`
`
`
`Case IPR2018-01403
`Patent 8,399,514 B2
`
`
`
`
`Before SHERIDAN K. SNEDDEN, JENNIFER MEYER CHAGNON, and
`JACQUELINE T. HARLOW, Administrative Patent Judges.
`
`SNEDDEN, Administrative Patent Judge.
`
`
`
`ORDER
`Granting Petitioner’s Motion for
`Pro Hac Vice Admission of Mr. David L. Anstaett
`37 C.F.R. § 42.10(c)
`
`
`
`
`
`
`
`Case IPR2018-01403
`Patent 8,399,514 B2
`
`
`Petitioner moves for pro hac vice admission of Mr. David L. Anstaett.
`Paper 21. Petitioner provides a declaration from Mr. Anstaett in support of
`its motion. Ex. 1056. Petitioner represents that Patent Owner does not
`oppose Petitioner’s motion. Paper 21, 1.
`Based on the facts set forth in the motion and the accompanying
`declaration from Mr. Anstaett, we conclude that Mr. Anstaett has sufficient
`legal and technical qualifications to represent Petitioner and that there is a
`need for Petitioner to have counsel with experience as a litigation attorney in
`intellectual property matters involved in this case. Accordingly, Petitioner
`has established good cause for Mr. Anstaett’s pro hac vice admission. Mr.
`Anstaett will be permitted to appear pro hac vice as back-up counsel only.
`See 37 C.F.R. § 42.10(c).
`We also note that Petitioner should update its mandatory notices, as
`required by 37 C.F.R. § 42.8, and update its counsel information in the
`PTAB E2E filing system. We further note that a Power of Attorney in
`accordance with 37 C.F.R. § 42.10(b) has not been submitted for Mr.
`Anstaett in this proceeding. Therefore, Petitioner must submit a Power of
`Attorney within ten (10) business days.
`
`In consideration of the foregoing, it is hereby:
`ORDERED that Petitioner’s motion for Pro Hac Vice Admission of
`Mr. David L. Anstaett is granted, and Mr. Anstaett is authorized to represent
`Petitioner as back-up counsel in this proceeding;
`FURTHER ORDERED that Petitioner is to continue to have a
`registered practitioner represent it as lead counsel in this proceeding;
`
`2
`
`
`
`Case IPR2018-01403
`Patent 8,399,514 B2
`
`
`FURTHER ORDERED that Petitioner must file updated mandatory
`notices identifying Mr. Anstaett as back-up counsel in accordance with 37
`C.F.R. § 42.8(b)(3);
`FURTHER ORDERED that, within ten (10) business days, Petitioner
`shall submit a Power of Attorney for Mr. Anstaett in accordance with
`37 C.F.R. § 42.10(b);
`FURTHER ORDERED that Mr. Anstaett shall comply with the Office
`Patent Trial Practice Guide, as updated by the August 2018 Update, 83
`Federal Register 39,989 (Aug. 13, 2018), and the Board’s Rules of Practice
`for Trials, as set forth in Part 42 of Title 37, Code of Federal Regulations;
`FURTHER ORDERED that Mr. Anstaett shall be subject to the
`Office’s disciplinary jurisdiction under 37 C.F.R. § 11.19(a), as well as the
`Office’s Rules of Professional Conduct set forth in 37 C.F.R. §§ 11.101 et
`seq.
`
`3
`
`
`
`Case IPR2018-01403
`Patent 8,399,514 B2
`
`PETITIONER:
`
`Brandon White
`Emily Greb
`PERKINS COIE LLP
`White-ptab@perkinscoie.com
`Greb-ptab@perinscoie.com
`
`
`
`PATENT OWNER:
`
`Barbara McCurdy
`Erin Sommers
`Pier DeRoo
`Mark Feldstein
`FINNEGAN, HENDERSON, FARABOW,
`GARRETT & DUNNER, LLP
`Barbara.mccurdy@finnegan.com
`Erin.sommers@finnegan.com
`Pier.deroo@frinnegan.com
`Mark.feldstein@finnegan.com
`
`4
`
`
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