UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`MYLAN PHARMACEUTICALS INC.,
`Petitioner
`
`v.
`REGENERON PHARMACEUTICALS, INC.,
`Patent Owner
`
`
`Inter Partes Review No.: IPR2021-00880
`
`
`U.S. Patent No. 9,669,069 B2
`Filed: December 17, 2015
`Issued: June 6, 2017
`Inventor: George D. Yancopoulos
`
`Title: USE OF A VEGF ANTAGONIST TO TREAT
`ANGIOGENIC EYE DISORDERS
`
`
`MYLAN PHARMACEUTICALS INC.’S UNOPPOSED
`MOTION FOR PRO HAC VICE ADMISSION OF
`ERIC R. HUNT PURSUANT TO 37 C.F.R. § 42.10(c)
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`MYLAN PHARMACEUTICALS INC.,
`Petitioner
`
`v.
`REGENERON PHARMACEUTICALS, INC.,
`Patent Owner
`
`
`Inter Partes Review No.: IPR2021-00880
`
`
`U.S. Patent No. 9,669,069 B2
`Filed: December 17, 2015
`Issued: June 6, 2017
`Inventor: George D. Yancopoulos
`
`Title: USE OF A VEGF ANTAGONIST TO TREAT
`ANGIOGENIC EYE DISORDERS
`
`
`MYLAN PHARMACEUTICALS INC.’S UNOPPOSED
`MOTION FOR PRO HAC VICE ADMISSION OF
`ERIC R. HUNT PURSUANT TO 37 C.F.R. § 42.10(c)
`
`
`
`
`
`I.
`
`RELIEF REQUESTED.
`
`Case IPR2021-00880
`Patent 9,669,069 B2
`Petitioner’s Pro Hac Vice Motion
`
`
`1.
`
`Pursuant to 37 C.F.R. § 42.10(c), and the Board’s “Order Authorizing
`
`Motion for Pro Hac Vice Admission,” (see Unified Patents, Inc. v. Parallel Iron,
`
`LLC, IPR2013-00639, 2013 WL 8700556, Paper 7 (P.T.A.B. Oct. 15, 2013)),
`
`Petitioner Mylan Pharmaceuticals Inc. (“Mylan”) requests that the Board admit Eric
`
`R. Hunt pro hac vice in this proceeding. Counsel for Mylan have met and conferred
`
`with counsel for Patent Owner and the joined Petitioners. Neither Patent Owner, nor
`
`the joined Petitioners oppose this motion.
`
`II.
`
`STATEMENT OF FACTS.
`
`2.
`
`Pursuant to 37 C.F.R. § 42.10(c):
`
`The Board may recognize counsel pro hac vice during a proceeding
`upon a showing of good cause, subject to the condition that lead counsel
`be a registered practitioner and to any other conditions as the Board
`may impose. For example, where the lead counsel is a registered
`practitioner, a motion to appear pro hac vice by counsel who is not a
`registered practitioner may be granted upon showing that counsel is an
`experienced litigating attorney and has an established familiarity with
`the subject matter at issue in the proceeding.
`
`
`37 C.F.R. § 42.10(c). The facts, supported by the attached Declaration of Eric R.
`
`Hunt In Support of Mylan Pharmaceuticals Inc.’s Unopposed Motion for Admission
`
`
`
`1
`
`
`
`Case IPR2021-00880
`Patent 9,669,069 B2
`Petitioner’s Pro Hac Vice Motion
`
`Pro Hac Vice Admission (Ex.1090, Hunt Decl.), establish good cause to admit Mr.
`
`Hunt pro hac vice in this proceeding.
`
`3.
`
`Lead counsel Paul J. Molino is a registered practitioner before the
`
`United States Patent and Trademark Office (“USPTO”).
`
`4.
`
`Backup counsel Neil B. McLaughlin is a registered practitioner before
`
`the USPTO.
`
`5.
`
`Eric R. Hunt is an experienced litigating attorney. Mr. Hunt has been
`
`a litigating attorney for more than fifteen (15) years. (Ex.1090, Hunt Decl. ¶ 1.) Mr.
`
`Hunt has actively litigated patent cases for more than fifteen (15) years. (Id. ¶ 2.)
`
`Mr. Hunt is a member in good standing of the Bar of the State of Illinois and the
`
`Minnesota Bar. (Id. ¶ 3.) Mr. Hunt is also admitted to practice in the United States
`
`Court of Appeals for the Federal Circuit and the United States District Court for the
`
`Northern District of Illinois. (Id.) Mr. Hunt has never been subject to suspensions
`
`or disbarments from practice, nor had applications for admission to practice denied,
`
`nor been subject to any sanctions or contempt citations by any court or
`
`administrative body. (Id. ¶¶ 3-6.)
`
`6. Mr. Hunt has familiarity with the subject matter at issue in this
`
`proceeding and, more specifically, he is familiar with the patent at issue in this
`
`proceeding—U.S. Patent No. 9,669,069 B2 (“the ’069 patent”). (Ex.1090, Hunt
`
`
`
`2
`
`
`
`Case IPR2021-00880
`Patent 9,669,069 B2
`Petitioner’s Pro Hac Vice Motion
`
`Decl. ¶ 7.) Mr. Hunt is advising Mylan on patent matters relating to the subject
`
`matter claimed in the patent at issue in this proceeding. (Id.) Mr. Hunt was involved
`
`in the strategy and drafting of Mylan’s Petition for Inter Partes Review relevant to
`
`the ’069 patent (“the Petition”) and, as a result, Mr. Hunt has become intimately
`
`familiar with the subject matter of the ’069 patent and the prior art raised in the
`
`Petition. (Id.)
`
`7. Mr. Hunt has read and will comply with the Office Patent Trial Practice
`
`Guide and the Board’s Rules for Practice for Trials set forth in C.F.R. Part 42 – Trial
`
`Practice Before the Patent Trial and Appeal Board, and he agrees to be subject to the
`
`USPTO Rules of Professional Conduct set forth in 37 C.F.R. §§ 11.101 et seq. and
`
`to disciplinary jurisdiction under 37 C.F.R. § 11.19. (Ex.1090, Hunt Decl. ¶¶ 8-9.)
`
`8.
`
`In the last three (3) years, Mr. Hunt has not applied to appear pro hac
`
`vice in an inter partes review proceeding. (Ex.1090, Hunt Decl. ¶ 10.)
`
`III. ANALYSIS.
`
`9.
`
`The facts contained in the Statement of Facts above and the referenced
`
`Hunt Declaration (Ex.1090) establish that there is good cause to admit Mr. Hunt pro
`
`hac vice in this proceeding under 37 C.F.R. § 42.10(c). Lead and backup counsel
`
`are registered practitioners, Mr. Hunt is an experienced litigating attorney and Mr.
`
`Hunt has an established familiarity with the subject matter at issue in this proceeding.
`
`
`
`3
`
`
`
`IV. CONCLUSION.
`
`Case IPR2021-00880
`Patent 9,669,069 B2
`Petitioner’s Pro Hac Vice Motion
`
`
`10. For the foregoing reasons, Mylan respectfully requests that the Board
`
`admit Eric R. Hunt pro hac vice in this proceeding.
`
`
`
`
`
`
`
`
`
`Dated: April 20, 2022
`
`
`
`
`
`
`
`
`
`Respectfully Submitted,
`
`RAKOCZY MOLINO MAZZOCHI SIWIK LLP
`
`/Paul J. Molino/
`Paul J. Molino (Reg. No. 45,350)
`6 West Hubbard Street
`Suite 500
`Chicago, IL 60654
`Telephone:
`(312) 222-6300
`Facsimile:
`(312) 843-6260
`paul@rmmslegal.com
`
`Counsel for Petitioner
`
`4
`
`
`
`CERTIFICATE OF SERVICE
`The undersigned hereby certifies that a true and correct copy of the foregoing
`
`Mylan Pharmaceuticals Inc.’s Unopposed Motion For Pro Hac Vice Admission Of
`
`Eric R. Hunt Pursuant To 37 C.F.R. § 42.10(c) was served on April 20, 2022, via
`
`electronic mail by agreement of the parties, to the following counsel for record of
`
`Patent Owners:
`
`Alice S. Ho (Lim. Rec. No. L1162)
`Victoria Reines
`Jeremy Cobb
`Arnold & Porter Kaye Scholer LLP
`601 Massachusetts Ave., N.W.
`Washington D.C. 20001
`Tel: 202.942.5000
`Fax: 202.942.5999
`Alice.Ho@arnoldporter.com
`Victoria.Reines@arnoldporter.com
`Jeremy.Cobb@arnoldporter.com
`
`
`Deborah E. Fishman (Reg. No. 48,621)
`David A. Caine (Reg. No. 52,683)
`Arnold & Porter Kaye Scholer LLP
`3000 El Camino Real
`Five Palo Alto Square, Suite 500
`Palo Alto, California 94306-3807
`Telephone: 650.319.4519
`Telephone: 650.319.4710
`Facsimile: 650.319.4573
`Deborah.Fishman@arnoldporter.com
`David.Caine@arnoldporter.com
`RegeneronEyleaIPRs@arnoldporter.com
`
`Daniel Reisner
`Matthew M. Wilk
`Arnold & Porter Kaye Scholer LLP
`250 West 55th Street
`New York, New York 10019-9710
`Telephone: 212.836.8000
`Fax: 212.836.8689
`Daniel.Reisner@arnoldporter.com
`Matthew.Wilk@arnoldporter.com
`
`
`
`
`
`
`
`
`
`
`Case IPR2021-00880
`Patent 9,669,069 B2
`Petitioner’s Pro Hac Vice Motion
`
`
`
`Respectfully Submitted,
`
`RAKOCZY MOLINO MAZZOCHI SIWIK LLP
`
`/Paul J. Molino/
`Paul J. Molino (Reg. No. 45,350)
`
`2
`
`
`Dated: April 20, 2022
`
`
`
`
`
`
`
`
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