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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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`MERCK SHARP & DOHME CORP.,
`Patent Owner.
`__________________
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`Case No. IPR2020-00040
`U.S. Patent No. 7,326,708
`__________________
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`DECLARATION OF BRUCE. R. GENDERSON IN SUPPORT OF UNOPPOSED
`MOTION FOR PRO HAC VICE ADMISSION PURSUANT TO 37 C.F.R. § 42.10(c)
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`Merck Exhibit 2001
`Mylan Pharmaceuticals Inc. v. Merck Sharp & Dohme Corp.
`IPR 2020-00040
`Page 1
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` I, Bruce R. Genderson, am more than twenty-one years of age, am competent to
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`present this declaration, have personal knowledge of the facts set forth herein, and hereby declare
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`as follows:
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`1. This declaration is given in support of Patent Owner Merck Sharp & Dohme
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`Corp.’s Motion for Pro Hac Vice Admission of Bruce R. Genderson.
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`2. I am a partner at Williams & Connolly LLP, 725 12th St., NW, Washington, DC
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`20005. I have more than thirty years of litigation experience.
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`3. I am a member in good standing of the bars of Maryland and the District of
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`Columbia.
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`4. I have never been suspended or disbarred from practice before any court or
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`administrative body.
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`5. No court or administrative body has ever denied my application for admission to
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`practice before it.
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`6. No court or administrative body has ever imposed sanctions or contempt citations
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`on me.
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`7. I have read and will comply with the Office Patent Trial Practice Guide and the
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`Board’s Rules of Practice for Trials set forth in part 42 of 37 C.F.R.
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`8. I understand that I will be subject to the USPTO Code of Professional
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`Responsibility set forth in 37 C.F.R. §§ 11.101 et seq. and will be subject to disciplinary
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`jurisdiction under 37 C.F.R. § 11.19(a).
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`9. I have not applied to appear pro hac vice in other proceedings before the Office in
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`the last three (3) years.
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`Merck Exhibit 2001
`Mylan Pharmaceuticals Inc. v. Merck Sharp & Dohme Corp.
`IPR 2020-00040
`Page 2
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`10. I am familiar with the subject matter at issue in the present proceeding. This
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`familiarity comes from having:
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`a) Reviewed in detail the pleadings submitted by Petitioner in this Case No.
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`IPR2020-00040;
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`b) Reviewed in detail the challenged patent, U.S. Patent No. 7,326,708;
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`c) Reviewed in detail exhibits relied upon by Petitioner, such as Exhibit 1002
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`(Declaration of Dr. Mukund Chorghade, Ph.D.);
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`d) Engaged in extensive strategic and substantive discussions regarding this
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`proceeding with Stanley E. Fisher, who is the lead counsel for Patent Owner
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`Merck Sharp & Dohme Corp. in this case;
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`e) Engaged in the representation of Patent Owner Merck Sharp & Dohme Corp.
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`in this case in related matters in federal district courts, including the assertion
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`of U.S. Patent No. 7,326,708 in Merck Sharp & Dohme Corp. v. Mylan
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`Pharmaceuticals Inc., C.A. No. 19-cv-101-IMK (N.D.W.V.) and In Re:
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`Sitagliptin Patent Litigation, MDL No. 19-2902-RGA (D. Del.)
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`(consolidated).
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`11. I have reviewed in detail relevant case law and other legal authority related to the
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`allegations made in the Petition.
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`*
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`*
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`*
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` I hereby declare that all statements made herein of my own knowledge are true and
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`that all statements made on information and belief are believed to be true, and further that these
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`statements were made with the knowledge that willful false statements and the like are
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`Merck Exhibit 2001
`Mylan Pharmaceuticals Inc. v. Merck Sharp & Dohme Corp.
`IPR 2020-00040
`Page 3
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`punishable by fine or imprisonment, or both, under Section 1001 of Title 18, United States Code
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`and may jeopardize the validity of any application or any patent issuing thereon.
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`
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`/Bruce R. Genderson/
`Bruce R. Genderson
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`
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`Merck Exhibit 2001
`Mylan Pharmaceuticals Inc. v. Merck Sharp & Dohme Corp.
`IPR 2020-00040
`Page 4
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