IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`MYLAN PHARMACEUTICALS INC.,
`Petitioner
`
`v.
`
`ALMIRALL, LLC,
`Patent Owner
`
`Case IPR2019-01095
`Patent 9,517,219
`
`DECLARATION OF ELIZABETH B. HAGAN IN SUPPORT
`OF PATENT OWNER ALMIRALL, LLC’S
`MOTION FOR ADMISSION PRO HAC VICE
`
`1 of 7
`
`Almirall EXHIBIT 2001
`
`Mylan v. Almirall
`IPR2019-01095
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`MYLAN PHARMACEUTICALS INC.,
`Petitioner
`
`v.
`
`ALMIRALL, LLC,
`Patent Owner
`
`Case IPR2019-01095
`Patent 9,517,219
`
`DECLARATION OF ELIZABETH B. HAGAN IN SUPPORT
`OF PATENT OWNER ALMIRALL, LLC’S
`MOTION FOR ADMISSION PRO HAC VICE
`
`1 of 7
`
`Almirall EXHIBIT 2001
`
`Mylan v. Almirall
`IPR2019-01095
`
`
`
`IPR2019-01095
`Hagan Declaration in Support of 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
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`2 of 7
`
`
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`IPR2019-01095
`Hagan Declaration in Support of 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 three times in
`
`the last three years. On March 20, 2019, 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, IPR2019-00207, challenging
`
`U.S. Patent No. 9,517,219 (“the ’219 patent”)—the same patent at issue in this
`
`proceeding. IPR2019-00207, Paper 12. IPR2019-00207 is the proceeding with
`
`which Mylan seeks joinder. IPR2019-01095, Paper 2. The Board granted the pro
`
`hac vice motion on May 15, 2019, authorizing me to represent Patent Owner
`
`Almirall, LLC as back-up counsel. IPR2019-00207, Paper 15. 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 challenging U.S.
`
`Patent No, 9,161,926 (“the ’926 patent)—a patent in the same family as the patent at
`
`3
`
`3 of 7
`
`
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`IPR2019-01095
`Hagan Declaration in Support of Motion for Admission Pro Hac Vice
`
`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. In addition, 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.
`
`11.
`
`I have an established familiarity with the subject matter at issue in this
`
`proceeding. I represented Patent Owner Almirall, LLC 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 ʼ219 patent at issue in this proceeding.
`
`In addition, I represent Patent Owner Almirall in the district court litigation against
`
`Amneal Pharmaceuticals LLC, Case No. 1:19-cv-00658-LPS (D. Del.), filed April 9,
`
`2019, which concerns the same patent. As trial counsel for Almirall, I have been
`
`actively involved in all aspects of the district court litigations, 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 IPR2019-
`
`00207, an inter partes review proceeding filed by Amneal Pharmaceuticals LLC and
`
`4
`
`4 of 7
`
`
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`IPR2019-01095
`Hagan Declaration in Support of Motion for Admission Pro Hac Vice
`
`Amneal Pharmaceuticals of New York, LLC challenging the ʼ219 patent at issue in
`
`this proceeding. Petitioner has asserted that the Petition in this proceeding is
`
`“identical to the petition in [IPR2019-00207], challenging the same claims of the
`
`ʼ219 patent on the same grounds and relying on identical expert testimony.” Paper 2
`
`(Motion for Joinder) at 5–6. As back-up counsel for Almirall in IPR2019-00207, I
`
`am actively involved in all aspects of the inter partes review proceeding, including
`
`development of validity positions regarding the ʼ219 patent, and am familiar with the
`
`grounds, expert testimony, and prior art on which Petitioner relies.
`
`13.
`
`I am also back-up counsel for Patent Owner Almirall in IPR2018-
`
`00508, an inter partes review proceeding filed by Amneal Pharmaceuticals LLC and
`
`Amneal Pharmaceuticals of New York, LLC challenging the ’926 patent, which is in
`
`the same family as the ’219 patent challenged in this proceeding. Petitioner bases its
`
`challenge on the same prior art in this proceeding as was asserted in IPR2018-00508.
`
`As back-up counsel for Almirall in IPR2018-00508, I have been 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 Petitioner relies.
`
`14.
`
`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.
`
`5
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`5 of 7
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`IPR2019-01095
`Hagan Declaration in Support of Motion for Admission Pro Hac Vice
`
`15.
`
`16.
`
`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, on July 2, 2019.
`
`/Elizabeth B. Hagan/
`
`Elizabeth B. Hagan
`
`6
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`6 of 7
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`
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`IPR2019-01095
`Hagan Declaration in Support of 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 July 2, 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:
`
`Jitendra Malik, Ph.D., Reg. No. 55,823
`jitty.malik@kattenlaw.com
`Alissa M. Pacchioli, Reg. No. 74,252
`alissa.pacchioli@kattenlaw.com
`Heike S. Radeke, Reg. No. 75,394
`heike.radeke@kattenlaw.com
`KATTEN MUCHIN ROSEMAN LLP
`550 S. Tryon Street, Suite 2900
`Charlotte, NC 28202-4213
`
`Lance Soderstrom, Reg. No. 65,405
`lance.soderstrom@kattenlaw.com
`KATTEN MUCHIN ROSEMAN LLP
`575 Madison Avenue
`New York, NY 10022-2585
`
`Dated: July 2, 2019
`
`Respectfully submitted,
`
`FENWICK & WEST LLP
`
`By: /James Trainor/
`James Trainor (Reg. No. 52,297)
`
`Attorneys for Patent Owner
`Almirall, LLC
`
`7
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`7 of 7
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