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`Trials@uspto.gov
`571-272-7822
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`
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`
`
`Paper 52
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`
`
`Entered: September 3, 2019
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`
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`MYLAN PHARMACEUTICALS INC., and PFIZER, INC.
`Petitioner,
`
`v.
`
`SANOFI-AVENTIS DEUTSHLAND GMBH,
`Patent Owner.
`____________
`
`IPR2018-016751 and IPR2018-016762 (Patent 8,603,044 B2)
`IPR2018-016783, IPR2018-016794, and
`IPR2019-001225 (Patent 8,992,486 B2)
`IPR2018-016806 and IPR2018-016827 (Patent 9,526,844 B2)
`IPR2018-016848 (Patent 9,604,008 B2)
`
`
`1 Pfizer Inc., who filed a petition in IPR2019-00977, has been joined as
`petitioner in this proceeding.
`2 Pfizer Inc., who filed a petition in IPR2019-00978, has been joined as
`petitioner in this proceeding.
`3 Pfizer Inc., who filed a petition in IPR2019-00980, has been joined as
`petitioner in this proceeding.
`4 Pfizer Inc., who filed a petition in IPR2019-00981, has been joined as
`petitioner in this proceeding.
`5 Pfizer Inc., who filed a petition in IPR2019-00982, has been joined as
`petitioner in this proceeding.
`6 Pfizer Inc., who filed a petition in IPR2019-01022, has been joined as
`petitioner in this proceeding.
`7 Pfizer Inc., who filed a petition in IPR2019-01023, has been joined as
`petitioner in this proceeding.
`8 Pfizer Inc., who filed a petition in IPR2019-00987, has been joined as
`petitioner in this proceeding.
`
`
`
`IPR2018-01675 and IPR2018-01676 (Patent 8,603,044 B2)
`IPR2018-01678, IPR2018-0179, and IPR2019-00122 (Patent 8,992,486 B2)
`IPR2018-01680 and IPR2018-01682 (Patent 9,526,844 B2)
`IPR2018-01684 (Patent 9,604,008 B2)
`
`
`____________
`
`
`Before HYUN J. JUNG and JAMES A. TARTAL, Administrative Patent
`Judges.
`
`JUNG, Administrative Patent Judge.
`
`
`ORDER9
`Granting Patent Owner’s Motions for
`Pro Hac Vice Admission of Anna E. Dwyer
`37 C.F.R. § 42.10
`
`
`
`On August 16, 2019, Patent Owner filed a motion for admission pro
`
`hac vice of Anna E. Dwyer in each of the above-identified proceedings
`
`(collectively, “Motions”). Paper 49.10 Patent Owner also filed a declaration
`
`of Anna E. Dwyer (Ex. 2221) and a biography (Ex. 2222) in support of each
`
`Motion.11 Patent Owner represents that “counsel for Petitioner does not
`
`oppose Ms. Dwyer appearing pro hac vice during this proceeding.”
`
`
`9 We exercise our discretion to issue one Order to be entered in each
`proceeding. The Parties are not authorized to use this joint heading and filing
`style in their papers.
`10 For purposes of expediency, we cite to Papers filed in IPR2018-01675.
`Patent Owner filed similar Motions in IPR2018-01676 (Paper 42), IPR2018-
`01678 (Paper 42), PR2018-01679 (Paper 37), IPR2018-01680 (Paper 46),
`IPR2018-01682 (Paper 44), IPR2018-01684 (Paper 38), and IPR2019-00122
`(Paper 40).
`11 We cite to Exhibits filed in IPR2018-01675. Patent Owner filed similar
`Exhibits in IPR2018-01676 (Exs. 2221 and 2222), IPR2018-01678
`(Exs. 2221 and 2222), PR2018-01679 (Exs. 2221 and 2222), IPR2018-
`01680 (Exs. 2221 and 2222), IPR2018-01682 (Exs. 2221 and 2222),
`IPR2018-01684 (Exs. 2221 and 2222), and IPR2019-00122 (Exs. 2221 and
`2222).
`
`
`
`2
`
`
`
`IPR2018-01675 and IPR2018-01676 (Patent 8,603,044 B2)
`IPR2018-01678, IPR2018-0179, and IPR2019-00122 (Patent 8,992,486 B2)
`IPR2018-01680 and IPR2018-01682 (Patent 9,526,844 B2)
`IPR2018-01684 (Patent 9,604,008 B2)
`
`Paper 49, 1. For the reasons provided below, Patent Owner’s Motions are
`
`granted.
`
`Pursuant to 37 C.F.R. § 42.10(c), we may recognize counsel pro hac
`
`vice during a proceeding upon a showing of good cause. In authorizing a
`
`motion for pro hac vice admission, the Board requires the moving party to
`
`provide a statement of facts showing there is good cause for the Board to
`
`recognize counsel pro hac vice and an affidavit or declaration of the
`
`individual seeking to appear in the proceeding. See Paper 8, 2 (citing
`
`Unified Patents, Inc. v. Parallel Iron, LLC, Case IPR2013-00639 (PTAB
`
`Oct. 15, 2013) (Paper 7) (“Order – Authorizing Motion for Pro Hac Vice
`
`Admission”)).
`
`Based on the facts set forth in the Motions and the accompanying
`
`Declarations, we conclude that Ms. Dwyer has sufficient legal and technical
`
`qualifications to represent Patent Owner in these proceedings, that
`
`Ms. Dwyer has demonstrated sufficient familiarity with the subject matter of
`
`these proceedings, and that Patent Owner’s intent to be represented by
`
`counsel with litigation experience is warranted. Accordingly, Patent Owner
`
`has established good cause for pro hac vice admission of Ms. Dwyer.
`
`Patent Owner should update its mandatory notices for each of the
`
`above-identified proceeding, as required by 37 C.F.R. § 42.8, and update its
`
`counsel information in the PTAB E2E filing system. We also note that a
`
`Power of Attorney in accordance with 37 C.F.R. § 42.10(b) has not been
`
`submitted for Ms. Dwyer in these proceedings. Therefore, Patent Owner
`
`must submit a Power of Attorney for Ms. Dwyer in each of the above-
`
`identified proceedings within ten (10) business days.
`
`
`
`3
`
`
`
`IPR2018-01675 and IPR2018-01676 (Patent 8,603,044 B2)
`IPR2018-01678, IPR2018-0179, and IPR2019-00122 (Patent 8,992,486 B2)
`IPR2018-01680 and IPR2018-01682 (Patent 9,526,844 B2)
`IPR2018-01684 (Patent 9,604,008 B2)
`
`
`It is, therefore,
`
`ORDERED that Patent Owner’s Motions for pro hac vice admission
`
`of Anna E. Dwyer are granted;
`
`FURTHER ORDERED that Ms. Dwyer is authorized to represent
`
`Patent Owner as back-up counsel only in the above-identified proceedings;
`
`FURTHER ORDERED that Patent Owner is to continue to have a
`
`registered practitioner represent it as lead counsel for the above-identified
`
`proceedings;
`
`FURTHER ORDERED that Patent Owner must file updated
`
`mandatory notices in each of the above-identified proceedings identifying
`
`Ms. Dwyer as back-up counsel in accordance with 37 C.F.R. § 42.8(b)(3);
`
`FURTHER ORDERED that, within ten (10) business days, Patent
`
`Owner shall submit a Power of Attorney for Ms. Dwyer in each of the
`
`above-identified proceedings in accordance with 37 C.F.R. § 42.10(b);
`
`FURTHER ORDERED that Ms. Dwyer 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 July 2019 Update (84 Fed.
`
`Reg. 33,925 (July 16, 2019), and the Board’s Rules of Practice for Trials, as
`
`set forth in Part 42 of Title 37, Code of Federal Regulations; and
`
`FURTHER ORDERED that Ms. Dwyer shall be subject to the
`
`Office’s disciplinary jurisdiction under 37 C.F.R. § 11.19(a) and the Office’s
`
`Rules of Professional Conduct set forth in 37 C.F.R. §§ 11.101–11.901.
`
`
`
`
`
`
`
`4
`
`
`
`IPR2018-01675 and IPR2018-01676 (Patent 8,603,044 B2)
`IPR2018-01678, IPR2018-0179, and IPR2019-00122 (Patent 8,992,486 B2)
`IPR2018-01680 and IPR2018-01682 (Patent 9,526,844 B2)
`IPR2018-01684 (Patent 9,604,008 B2)
`
`For PETITIONER:
`
`Richard Torczon
`rtorczon@wsgr.com
`
`Douglas Carsten
`dcarsten@wsgr.com
`
`Wesley Derryberry
`wderryberry@wsgr.com
`
`Tasha Thomas
`tthomas@wsgr.com
`
`Lorelei Westin
`lwestin@wsgr.com
`
`Nicole Stafford
`nstafford@wsgr.com
`
`Jeffrey Guise
`jguise@wsgr.com
`
`Elham Steiner
`esteiner@wsgr.com
`
`Yahn-Lin Chu
`ychu@wsgr.com
`
`
`
`
`5
`
`
`
`IPR2018-01675 and IPR2018-01676 (Patent 8,603,044 B2)
`IPR2018-01678, IPR2018-0179, and IPR2019-00122 (Patent 8,992,486 B2)
`IPR2018-01680 and IPR2018-01682 (Patent 9,526,844 B2)
`IPR2018-01684 (Patent 9,604,008 B2)
`
`For PATENT OWNER:
`
`Elizabeth Stotland Weiswasser
`Elizabeth.weiswasser@weil.com
`
`William S. Ansley
`Sutton.ansley@weil.com
`
`Adrian C. Percer
`Adrian.percer@weil.com
`
`Brian C. Chang
`Brian.chang@weil.com
`
`Sudip Kundu
`Sudip.kundu@weil.com
`
`Kathryn Kantha
`Kathryn.kantha@weil.com
`
`Matthew D. Sieger
`Matthew.sieger@weil.com
`
`Anish Desai
`Anish.desai@weil.com
`
`
`
`
`
`
`6
`
`
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