IPR2019-00207
`Motion for Admission Pro Hac Vice
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`AMNEAL PHARAMCEUTICALS LLC and AMNEAL
`PHARMACEUTICALS OF NEW YORK, LLC,
`Petitioners,
`
`v.
`
`ALMIRALL, LLC,
`Patent Owner
`
`Case IPR2019-00207
`Patent 9,517,219
`
`DECLARATION OF ELIZABETH B. HAGAN IN SUPPORT
`OF PATENT OWNER ALMIRALL, LLC’S
`MOTION FOR ADMISSION PRO HAC VICE
`
`Almirall, LLC
`Exhibit 2007
`Page 1
`
`
`Motion for Admission Pro Hac Vice
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`AMNEAL PHARAMCEUTICALS LLC and AMNEAL
`PHARMACEUTICALS OF NEW YORK, LLC,
`Petitioners,
`
`v.
`
`ALMIRALL, LLC,
`Patent Owner
`
`Case IPR2019-00207
`Patent 9,517,219
`
`DECLARATION OF ELIZABETH B. HAGAN IN SUPPORT
`OF PATENT OWNER ALMIRALL, LLC’S
`MOTION FOR ADMISSION PRO HAC VICE
`
`Almirall, LLC
`Exhibit 2007
`Page 1
`
`
`
`IPR2019-00207
`Motion for Admission Pro Hac Vice
`
`I, Elizabeth B. Hagan, am more than twenty-one years of age, am competent
`
`to present this declaration, and have personal knowledge of the facts set forth
`
`therein.
`
`1.
`
`This declaration is made in support of Patent Owner Almirall, LLC’s
`
`Motion for Admission Pro Hac Vice of Elizabeth B. Hagan Pursuant to 37 C.F.R. §
`
`42.10(c).
`
`2.
`
`3.
`
`I am an associate in the law firm Fenwick & West LLP.
`
`I earned a Ph.D. in Medical Science from the Pathobiology Graduate
`
`Program at Brown University in 2009. I have been practicing law since 2013, and
`
`have experience litigating patent infringement cases in district courts across the
`
`United States and at the United States Court of Appeals for the Federal Circuit.
`
`4.
`
`I have been litigating patent cases for over five years. My experience in
`
`patent litigation includes trials, claim construction, patent summary judgment
`
`proceedings, and other patent-related hearings and pleadings concerning, among
`
`other issues, patent validity and infringement.
`
`5.
`
`I am an attorney in good standing of the State Bar of Washington. I
`
`have never been suspended or disbarred from practice before any court or
`
`administrative body.
`
`6.
`
`No court or administrative body has ever denied my application for
`
`admission to practice before it.
`
`2
`
`Almirall, LLC
`Exhibit 2007
`Page 2
`
`
`
`IPR2019-00207
`Motion for Admission Pro Hac Vice
`
`7.
`
`No court or administrative body has ever imposed sanctions or
`
`contempt citations against me.
`
`8.
`
`I have read and will comply with the Office Patent Trial Practice Guide
`
`and the Board’s Rules of Practice for Trials set forth in part 42 of 37 C.F.R.
`
`9.
`
`I understand that I will be subject to the USPTO Rules of Professional
`
`Conduct set forth in 37 C.F.R. §§ 11.101 et. seq. and disciplinary jurisdiction under
`
`37 C.F.R. § 11.19(a).
`
`10.
`
`I have applied to appear pro hac vice before the Office twice in the last
`
`three years. On October 18, 2018 I applied to appear pro hac vice as counsel for
`
`Patent Owner Almirall, LLC in Amneal Pharmaceuticals LLC and Amneal
`
`Pharmaceuticals of New York, LLC v. Almirall, LLC, IPR2018-00608, an inter
`
`partes review proceeding filed by the same Petitioners as in this matter, challenging
`
`U.S. Patent No, 9,161,926 (“the ’926 patent)—a patent in the same family as the
`
`patent at issue in this proceeding. IPR2018-00608, Paper 18. The Board granted the
`
`motion on December 6, 2018, authorizing me to represent Patent Owner Almirall,
`
`LLC as back-up counsel. IPR2018-00608, Paper 25. On February 25, 2019, I
`
`applied to appear pro hac vice as counsel for Patent Owner Los Angeles Biomedical
`
`Research Institute at Harbor-UCLA Medical Center in Eli Lilly and Co. v. Los
`
`Angeles Biomedical Research Institute at Harbor-UCLA Medical Center, IPR2014-
`
`00752. That motion is pending.
`
`3
`
`Almirall, LLC
`Exhibit 2007
`Page 3
`
`
`
`IPR2019-00207
`Motion for Admission Pro Hac Vice
`
`11.
`
`I have an established familiarity with the subject matter at issue in this
`
`proceeding. I represented Patent Owner Almirall, LLC (“Almirall”) in the district
`
`court litigation against Taro Pharmaceutical Industries Ltd. See Almirall, LLC v.
`
`Taro Pharm. Indus., Ltd., Case No. 1:17-cv-00663 (JFB) (SRF) (D. Del.). That
`
`litigation, which terminated on March 11, 2019, involved the patent at issue in this
`
`proceeding, U.S. Patent No. 9,517,219 (“the ’219 patent”). As trial counsel for
`
`Almirall, I was actively involved in all aspects of the district court litigation,
`
`including development of validity and infringement positions regarding the patent
`
`challenged in this proceeding.
`
`12.
`
`I am also back-up counsel for Patent Owner Almirall in IPR2018-
`
`00508, an inter partes review proceeding filed by Petitioners challenging the ’926
`
`patent, which is in the same family as the ’219 patent challenged in this proceeding.
`
`Petitioners base their challenge on the same prior art in this proceeding as in
`
`IPR2018-00508, and rely on declarations of the same experts relied upon in
`
`IPR2018-00508. As back-up counsel for Almirall in IPR2018-00508, I am actively
`
`involved in all aspects of the inter partes review proceeding, including development
`
`of validity positions regarding a patent in the same family as the ’219 patent
`
`challenged in this proceeding, and am familiar with the prior art upon which
`
`Petitioners rely.
`
`4
`
`Almirall, LLC
`Exhibit 2007
`Page 4
`
`
`
`IPR2019-00207
`Motion for Admission Pro Hac Vice
`
`
`13.
`
`I have reviewed in detail the challenged ’219 patent as well as its
`
`prosecution history, the Petition, the expert declarations in support of the Petition,
`
`and the prior art upon which the Petitioner bases its challenge.
`
`14.
`
`15.
`
`I am thus familiar with the ’219 patent and the issues in this case.
`
`I hereby declare that all statements made herein of my own knowledge
`
`are true and that all statements made on information and belief are believed to be
`
`true; and further that these statements are made with the knowledge that willful false
`
`statements and the like are punishable by fine, imprisonment, or both, under Section
`
`1001 of Title 18 of the United States Code.
`
`
`
`EXECUTED at Seattle, Washington this 20th day of March, 2019.
`
`
`
`
`
`
`/Elizabeth B. Hagan/
`Elizabeth B. Hagan
`
`
`
`
`
`5
`
`Almirall, LLC
`Exhibit 2007
`Page 5
`
`
`
`IPR2019-00207
`Motion for Admission Pro Hac Vice
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies
`
`that a copy of
`
`the
`
`foregoing
`
`DECLARATION OF ELIZABETH B. HAGAN IN SUPPORT OF PATENT
`
`OWNER ALMIRALL, LLC’S MOTION FOR ADMISSION PRO HAC VICE
`
`was served on March 20, 2019, by filing this document through the Patent Trial and
`
`Appeal Board End to End system as well as delivering a copy via electronic mail
`
`upon the following attorneys of record for the Petitioner:
`
`Dennies Varughese
`Adam LaRock
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`1100 New York Avenue, N.W.
`Washington, DC 20005-3934
`
`dvarughe-PTAB@skgf.com
`alarock-PTAB@skgf.com
`
`
`
`Dated: March 20, 2019
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`FENWICK & WEST LLP
`
`By: /James Trainor/
`James Trainor (Reg. No. 52,297)
`
`
`
`Attorneys for Patent Owner
`Almirall, LLC
`
`6
`
`Almirall, LLC
`Exhibit 2007
`Page 6
`
`
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