UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`MYLAN PHARMACEUTICALS INC.,
`Petitioner
`
`v.
`REGENERON PHARMACEUTICALS, INC.,
`Patent Owner
`
`
`Case IPR2021-00880
`Patent 9,669,069 B2
`
`
`MYLAN PHARMACEUTICALS INC.’S UNOPPOSED
`MOTION FOR PRO HAC VICE ADMISSION OF
`HEINZ J. SALMEN 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
`
`
`Case IPR2021-00880
`Patent 9,669,069 B2
`
`
`MYLAN PHARMACEUTICALS INC.’S UNOPPOSED
`MOTION FOR PRO HAC VICE ADMISSION OF
`HEINZ J. SALMEN 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
`
`Heinz J. Salmen pro hac vice in this proceeding. Counsel for Mylan have met and
`
`conferred with counsel for Patent Owner and Patent Owner does not 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 Heinz J.
`
`Salmen In Support of Mylan Pharmaceuticals Inc.’s Unopposed Motion for
`
`
`
`1
`
`
`
`Case IPR2021-00880
`Patent 9,669,069 B2
`Petitioner’s Pro Hac Vice Motion
`
`Admission Pro Hac Vice Admission (Ex.1085, Salmen Decl.), establish good cause
`
`to admit Mr. Salmen 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.
`
`Heinz J. Salmen is an experienced litigating attorney. Mr. Salmen has
`
`been a litigating attorney for more than ten (10) years. (Ex.1085, Salmen Decl. ¶ 1).
`
`Mr. Salmen has actively litigated patent cases for more than ten (10) years. (Id. ¶
`
`2). Mr. Salmen is a member in good standing with the Illinois State Bar. (Id. ¶ 3).
`
`Mr. Salmen is 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. ¶ 3). Mr. Salmen 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. Salmen 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.1085, Salmen
`
`
`
`2
`
`
`
`Case IPR2021-00880
`Patent 9,669,069 B2
`Petitioner’s Pro Hac Vice Motion
`
`Decl. ¶ 7). Mr. Salmen is advising Mylan on patent matters relating to the subject
`
`matter claimed in the patent at issue in this proceeding. (Id.). Mr. Salmen 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. Salmen has become
`
`intimately familiar with the subject matter of the ’069 patent and all prior art raised
`
`in the Petition. (Id.).
`
`7. Mr. Salmen 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.1085, Salmen
`
`Decl. ¶¶ 8-9).
`
`8.
`
`In the last three (3) years, Mr. Salmen has applied1 to appear pro hac
`
`vice in one (1) other IPR proceeding: Regeneron Pharmaceuticals, Inc. v. Novartis
`
`
`1 Mr. Salmen is concurrently seeking pro hac vice admission in Mylan
`
`Pharmaceuticals Inc. v. Regeneron Pharmaceuticals, Inc., IPR2021-00881
`
`(June 18, 2021).
`
`
`
`3
`
`
`
`Case IPR2021-00880
`Patent 9,669,069 B2
`Petitioner’s Pro Hac Vice Motion
`
`Vaccines and Diagnostics, Inc., IPR2019-01086, Paper 8 (June 6, 2019). (Ex.1085,
`
`Salmen Decl. ¶ 10).
`
`III. ANALYSIS.
`
`9.
`
`The facts contained in the Statement of Facts above and the attached
`
`Salmen Declaration (Ex.1085) establish that there is good cause to admit Mr. Salmen
`
`pro hac vice in this proceeding under 37 C.F.R. § 42.10(c). Lead and backup counsel
`
`are registered practitioners, Mr. Salmen is an experienced litigating attorney and Mr.
`
`Salmen has an established familiarity with the subject matter at issue in this
`
`proceeding.
`
`IV. CONCLUSION.
`
`10. For the foregoing reasons, Mylan respectfully requests that the Board
`
`admit Heinz J. Salmen pro hac vice in this proceeding.
`
`
`
`
`
`
`
`4
`
`
`
`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)
`6 West Hubbard Street
`Suite 500
`Chicago, IL 60654
`Telephone:
`(312) 222-6300
`Facsimile:
`(312) 222-6320
`paul@rmmslegal.com
`
`Counsel for Petitioner
`
`5
`
`Dated: June 18, 2021
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`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
`
`Heinz J. Salmen Pursuant To 37 C.F.R. § 42.10(c) was served on June 18, 2021, via
`
`electronic mail by agreement of the parties, to the following counsel for record of
`
`Patent Owners:
`
`Deborah E. Fishman (Reg. No. 48,621)
`ARNOLD & PORTER KAYE SCHOLER LLP
`3000 El Camino Real
`Five Palo Alto Square, Suite 500
`Palo Alto, California 94306-3807
`Telephone: 650.319.4519
`Facsimile: 650.319.4573
`Deboarh.Fishman@arnoldporter.com
`RegeneronEyleaIPRs@arnoldporter.com
`
`Amanda K. Antons (Reg. No. 65,236)
`ARNOLD & PORTER KAYE SCHOLER LLP
`70 West Madison Street | Suite 4200
`Chicago, Illinois 60602-4321
`Telephone 312.583.2472
`Amanda.Antons@arnoldporter.com
`
`Alice S. Ho (Lim. Rec. No. L1162)
`Victoria Reines
`Rebecca Neubauer
`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
`Rebecca.Neubauer@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: June 18, 2021
`
`
`
`
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