Trials@uspto.gov
`571-272-7822
`
`Paper 54
`Entered: May 11, 2022
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`MYLAN PHARMACEUTICALS INC., CELLTRION, INC., and
`APOTEX, INC.,
`Petitioner,
`
`v.
`
`REGENERON PHARMACEUTICALS, INC.,
`Patent Owner.
`____________
`
`IPR2021-00880 (Patent 9,669,069 B2)1
`IPR2021-00881 (Patent 9,254,338 B2)2
`____________
`
`Before ERICA A. FRANKLIN, JOHN G. NEW, and
`SUSAN L. C. MITCHELL, Administrative Patent Judges.
`
`PER CURIAM.
`
`
`ORDER3
`Granting Petitioner’s Motions for Admission
`Pro Hac Vice of Eric R. Hunt
`37 C.F.R. § 42.10
`
`
`1 IPR2022-00257 and IPR2022-00301 have been joined with this
`proceeding.
`2 IPR2022-00258 and IPR2022-00298 have been joined with this
`proceeding.
`3 The combined caption is for administrative convenience only and does not
`indicate that IPR2021-00880 and IPR2021-00881 have been joined. The
`parties are not authorized to use this caption without express permission of
`the Board.
`
`
`571-272-7822
`
`Paper 54
`Entered: May 11, 2022
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`MYLAN PHARMACEUTICALS INC., CELLTRION, INC., and
`APOTEX, INC.,
`Petitioner,
`
`v.
`
`REGENERON PHARMACEUTICALS, INC.,
`Patent Owner.
`____________
`
`IPR2021-00880 (Patent 9,669,069 B2)1
`IPR2021-00881 (Patent 9,254,338 B2)2
`____________
`
`Before ERICA A. FRANKLIN, JOHN G. NEW, and
`SUSAN L. C. MITCHELL, Administrative Patent Judges.
`
`PER CURIAM.
`
`
`ORDER3
`Granting Petitioner’s Motions for Admission
`Pro Hac Vice of Eric R. Hunt
`37 C.F.R. § 42.10
`
`
`1 IPR2022-00257 and IPR2022-00301 have been joined with this
`proceeding.
`2 IPR2022-00258 and IPR2022-00298 have been joined with this
`proceeding.
`3 The combined caption is for administrative convenience only and does not
`indicate that IPR2021-00880 and IPR2021-00881 have been joined. The
`parties are not authorized to use this caption without express permission of
`the Board.
`
`
`
`IPR2021-00880 (Patent 9,669,069 B2)
`IPR2021-00881 (Patent 9,254,338 B2)
`
`
`On April 20, 2022, Petitioner filed motions for admission pro hac vice
`of Eric R. Hunt in each of the above-identified proceedings (collectively
`“Motions”). Paper 49.4 Petitioner also filed declarations of Mr. Hunt in
`support of the Motions (collectively “Declarations”). Ex. 1090.5 Petitioner
`attests that Patent Owner does not oppose the Motions. Paper 49, 1. For the
`reasons provided below, Petitioner’s Motions are granted.
`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. In its notice
`authorizing motions for pro hac vice admission, the Board requires a
`statement of facts showing there is good cause for the Board to recognize
`counsel pro hac vice and an affidavit or declaration of the individual seeking
`to appear in this proceeding. See Paper 3, 2 (citing Unified Patents, Inc. v.
`Parallel Iron, LLC, IPR2013-00639, Paper 7 (PTAB Oct. 15, 2013)
`(representative “Order – Authorizing Motion for Pro Hac Vice
`Admission”)).
`Based on the facts set forth in the Motions and the accompanying
`Declarations, we conclude that Mr. Hunt has sufficient legal and technical
`qualifications to represent Petitioner in these proceedings, that Mr. Hunt has
`demonstrated sufficient familiarity with the subject matter of these
`proceedings, and that Mr. Hunt meets all other requirements for admission
`pro hac vice. Accordingly, Petitioner has established good cause for pro hac
`
`
`4 For purposes of expediency, we cite to Papers filed in IPR2021-00880.
`Petitioner filed a similar Motion in IPR2021-00881 (Paper 52).
`5 We cite to Exhibits filed in IPR2021-00880. Petitioner filed a similar
`Declaration in IPR2021-00881 (Ex. 1101).
`2
`
`
`
`
`
`IPR2021-00880 (Patent 9,669,069 B2)
`IPR2021-00881 (Patent 9,254,338 B2)
`
`vice admission of Mr. Hunt. Mr. Hunt will be permitted to serve as back-up
`counsel only. See 37 C.F.R. § 42.10(c).
`We note that Petitioner has filed a Power of Attorney including Mr.
`Hunt in accordance with 37 C.F.R. § 42.10(b). IPR2021-00880, Paper 50;
`and IPR2021-00881, Paper 54. Petitioner has also filed Mandatory Notices
`identifying Mr. Hunt as back-up counsel in accordance with
`37 C.F.R. § 42.8(b)(3). IPR2021-00880, Paper 52; and IPR2021-00881,
`Paper 55.
`Accordingly, it is:
`ORDERED that Petitioner’s Motions for pro hac vice admission of
`Eric R. Hunt are granted;
`FURTHER ORDERED that Petitioner is to continue to have a
`registered practitioner represent it as lead counsel for the above-identified
`proceedings;
`FURTHER ORDERED that Mr. Hunt is authorized to represent
`Petitioner as back-up counsel only in the above-identified proceedings;
`FURTHER ORDERED that Mr. Hunt is to comply with the
`Consolidated Trial Practice Guide6 (84 Fed. Reg. 64,280 (Nov. 21, 2019)),
`and the Board’s Rules of Practice for Trials, as set forth in Part 42 of Title
`37, Code of Federal Regulations;7 and
`
`
`6 Available at https://www.uspto.gov/TrialPracticeGuideConsolidated.
`7 In the Declaration, Mr. Hunt indicates compliance with the Office Patent
`Trial Practice Guide and the Board’s Rules for Practice for Trials set forth
`in C.F.R. Part 42, as opposed to part 42 of 37 C.F.R. See Ex. 1090 ¶ 8.
`We deem this harmless error.
`
`
`
`3
`
`
`
`IPR2021-00880 (Patent 9,669,069 B2)
`IPR2021-00881 (Patent 9,254,338 B2)
`
`
`FURTHER ORDERED that Mr. Hunt shall be subject to the Office’s
`disciplinary jurisdiction under 37 C.F.R. § 11.19(a), and the USPTO Rules
`of Professional Conduct set forth in 37 C.F.R. §§ 11.101 et. seq.
`
`
`
`
`
`
`
`
`
`4
`
`
`
`IPR2021-00880 (Patent 9,669,069 B2)
`IPR2021-00881 (Patent 9,254,338 B2)
`
`FOR PETITIONER:
`
`Paul Molino
`Willaim Rakoczy
`Nwil McLaughlin
`Heinz Salmen
`RAKOCZY MOLINO MAZZOCHI SIWIK LLP
`paul@rmmslegal.com
`wrakoczy@rmmslegal.com
`nmclaughlin@rmmslegal.com
`hsalmen@rmmslegal.com
`
`Teresa Rea
`Deborah Yellin
`Shannon Lentz
`trea@crowell.com
`dyellin@crowell.com
`slentz@crowell.com
`
`Lora Green
`Yahn-Lin Chu
`WILSON SONSINI GOODRICH & ROSATI
`lgreen@wsgr.com
`ychu@wsgr.com
`
`
`FOR PATENT OWNER:
`
`Deborah Fishman
`Amanda Antons
`Alice Sin Yu Ho
`ARNOLD & PORTER KAYE SCHOLER LLP
`deborah.fishman@kayescholer.com
`amanda.antons@arnoldporter.com
`alice.ho@arnoldporter.com
`
`
`
`5
`
`
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