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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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`PROLLENIUM US INC.,
`Petitioner
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`v.
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`ALLERGAN INDUSTRIE, SAS,
`Patent Owner
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`IPR2019-01505, Patent 8,450,475 B2
`IPR2019-01506, Patent 8,357,795 B2
`IPR2019-01508, Patent 9,238,013 B2
`IPR2019-01509, Patent 9,358,322 B2
`IPR2019-01617, Patent 8,822,676 B2
`IPR2019-01632, Patent 8,357,795 B2
`IPR2020-00084, Patent 9,089,519 B2
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`PATENT OWNER ALLERGAN INDUSTRIE, SAS’S
`UNOPPOSED MOTION FOR PRO HAC VICE ADMISSION
`UNDER 37 C.F.R. § 42.10(c)
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`Attorney Docket: 13551-0081IP1
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`Exhibit No.
`2001
`2002
`2003
`2004
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`2005
`2006
`2007
`2008
`2009
`2010
`2011
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`EXHIBITS
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`Exhibit Description
`Juvéderm Ultra™ XC Label
`Juvéderm Ultra Plus™ XC Label
`Juvéderm Voluma®XC Label
`U.S. Patent Publication No. 2004/0101959 to Marko et al,
`published May 27, 2004
`Excerpts from U.S. 8,822,676 file history
`Excerpts from U.S. 9,089,519 file history
`About Juvéderm Ultra Plus™ XC
`About Juvéderm Volbella® XC
`About Juvéderm Voluma® XC
`RESERVED
`Declaration in support of unopposed motion for pro hac vice
`admission of Elizabeth Flanagan
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`i
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`Attorney Docket: 13551-0081IP1
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`Pursuant to 37 C.F.R. § 42.10(c), the Patent Owner (“Allergan Industrie,
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`SAS”) respectfully requests that the Board recognize Elizabeth M. Flanagan as
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`counsel pro hac vice in this proceeding. Patent Owner seeks the counsel of
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`Elizabeth M. Flanagan due to her experience in representing Allergan Industrie,
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`SAS in other patent-related matters and particularly due to her familiarity with the
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`substantive and technical issues involved in these proceedings. This motion is
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`authorized by the Notice of Filing Date Accorded to Petition and Time for Filing
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`Patent Owner Preliminary Response that was mailed on September 19, 2019.
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`Patent Owner conferred with Petitioner, and Petitioner confirmed on June 2, 2020
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`that it does not oppose this motion.
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`Where the lead counsel is a registered practitioner, a non-registered
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`practitioner may be permitted to appear pro hac vice “upon a showing that counsel
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`is an experienced litigating attorney and has established familiarity with the subject
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`matter at issue in the proceeding.” 37 C.F.R. § 42.10(c); Unified Patents, Inc. v.
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`Parallel Iron, LLC, Case IPR2013-00639 (PTAB Oct. 15, 2013) (Paper 7) (setting
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`forth requirements for pro hac vice admission). As set forth in her declaration
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`submitted herewith (Exhibit 2011), Ms. Flanagan is a Principal at Fish &
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`Richardson P.C. and a patent litigation attorney with significant experience
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`advising clients regarding patent matters, including as counsel in litigation. More
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`specifically, Ms. Flanagan has represented Patent Owner in district court litigation
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`1
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`Attorney Docket: 13551-0081IP1
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`involving two of the six patents at issue in these IPR proceedings, U.S. Patent Nos.
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`8,357,795 and 8,450,475. Based on this underlying litigation and the other facts
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`detailed below and in her declaration, Ms. Flanagan has significant familiarity with
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`the particular subject matter in this IPR proceeding. Additionally, Ms. Flanagan
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`concurrently applying to appear pro hac vice in all captioned cases.
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`Statement of Facts
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`Ms. Flanagan is a patent litigation attorney with more than 11 years of
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`experience representing clients in cases involving pharmaceuticals and medical
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`devices. Ms. Flanagan regularly litigates patent cases before various federal
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`district courts and in the United States Court of Appeals for the Federal Circuit.
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`Through her practice in such cases, Ms. Flanagan has gained substantial experience
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`in jury trials, bench trials, discovery, Markman hearings, and appeals. Allergan
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`Industrie, SAS provides Exhibit A, as evidence, Elizabeth M. Flanagan’s
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`biography.
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`Ms. Flanagan also has particular experience and familiarity with the
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`substantive and technical issues involved in this inter partes review proceeding.
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`Ms. Flanagan served as counsel for Allergan Industrie, SAS in district court
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`litigation over U.S. Patent Nos. 8,357,795, which is at issue in IPR2019-01506 and
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`IPR2019-01632, and U.S. Patent No. 8,450,475, which is at issue in IPR2019-
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`01505. That litigation, Allergan USA, Inc. and Allergan Industrie, SAS v. Medicis
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`2
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`Attorney Docket: 13551-0081IP1
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`Aesthetics Inc., et al., Case No. SACV 13-1436 AG (JPRx) (C.D. Cal.), settled
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`during the course of expert discovery. In that case, Ms. Flanagan participated in
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`many phases of the litigation, including fact discovery, expert discovery, and claim
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`construction proceedings. Through her representation in this related matter,
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`Allergan Industrie, SAS has developed a particular relationship with Ms. Flanagan
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`such that it desires to continue that relationship for the purpose of these
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`proceedings.
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`Declaration of Individual Seeking to Appear
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`This Motion for Pro Hac Vice Admission is accompanied by a Declaration
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`of Elizabeth M. Flanagan as required by the Order Authorizing Motion for Pro
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`Hac Vice mailed September 19, 2019. As Ms. Flanagan stated in her
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`accompanying Declaration, she has read, will comply with, and agrees to be
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`subject to the Office Patent Trial Practice Guide and the Board’s Rules of Practice
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`for Trials set forth in part 42 of the Code of Federal Regulations. As also set forth
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`in her Declaration, Ms. Flanagan is a member in good standing of the Bars of the
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`State of Minnesota, Delaware, and Michigan, and is admitted to practice in
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`numerous federal courts.
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`Accordingly, Allergan Industrie, SAS submits that there is good cause under
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`37 C.F.R. § 42.10(c) for the Board to recognize Elizabeth M. Flanagan as counsel
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`pro hac vice during these proceedings.
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`3
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`Attorney Docket: 13551-0081IP1
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`Respectfully submitted,
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`/Dorothy P. Whelan/
`Dorothy P. Whelan
`Reg. No. 33,814
`Counsel for Patent Owner
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`Date: June 8, 2020
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`Customer Number 26171
`Fish & Richardson P.C.
`Telephone: (612) 337-2508
`Facsimile: (612) 288-9696
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`4
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`Attorney Docket: 13551-0081IP1
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 CFR §§ 42.6(e)(4) and 42.6(e)(4)(iii), the undersigned
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`certifies that on June 8, 2020, a complete and entire copy of this Unopposed
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`Motion for Pro Hac Vice Admission with supporting exhibit were provided via
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`electronic service, to the Petitioner by serving the correspondence address of
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`record as follows:
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`Christopher L. Curfman
`William W. Cutchins
`Meunier Carlin & Curfman LLC
`999 Peachtree St, NE
`Suite 1300
`Atlanta, GA 30309
`Email:
`ccurfman@mcciplaw.com
`wcutchins@mcciplaw.com
`mcc.prollenium.ipr@mcciplaw.com
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`/Jessica K. Detko/
`Jessica K. Detko
`Fish & Richardson P.C.
`60 South Sixth Street, Suite 3200
`Minneapolis, MN 55402
`(612) 337-2516
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`5
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