`571-272-7822
`
`Paper 9
`Date: July 22, 2021
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`MYLAN PHARMACEUTICALS INC.,
`Petitioner,
`v.
`REGENERON PHARMACEUTICALS, INC.,
`Patent Owner.
`
`IPR2021-00880 (Patent 9,669,069 B2)
`IPR2021-00881 (Patent 9,254,338 B2)1
`
`
`
`
`
`
`
`
`
`Before ERICA A. FRANKLIN, JOHN G. NEW, and
`SUSAN L. C. MITCHELL, Administrative Patent Judges.
`NEW, Administrative Patent Judge.
`
`DECISION
`Granting Petitioner’s Motions for Admission pro hac vice of
`William A. Rakoczy and Heinz J. Salmen
`37 C.F.R. § 42.10
`
`
`
`
`1 This Order addresses the same issue for the above-identified proceedings.
`Therefore, we exercise our discretion to issue one order to be filed in each
`proceeding. The parties are not authorized, however, to use this style
`heading in any subsequent papers.
`
`
`
`
`
`IPR2021-00880 (Patent 9,669,069 B2)
`IPR2021-00881 (Patent 9,254,338 B2)
`On June 18, 2021, Petitioner filed motions for admission pro hac vice
`of William A. Rakoczy (Paper 6)2 and Heinz J. Salmen (Paper 7) in each of
`the above-listed proceedings (collectively, “Motions”). Petitioner also filed
`supporting declarations from Mr. Rakoczy (Ex. 1084) and Mr. Salmen
`(Ex. 1085) (collectively, “Declarations”). Petitioner states in each of the
`Motions that “[c]ounsel for Mylan have met and conferred with counsel for
`Patent Owner and Patent Owner does not oppose this motion.” Paper 6, 1;
`Paper 7, 1.
`In accordance with 37 C.F.R. § 42.10(c), we may recognize counsel
`pro hac vice during a proceeding upon a showing of good cause. In
`authorizing a motion for admission pro hac vice, the Board requires the
`moving party to provide 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 the proceeding. See Unified Patents,
`Inc. v. Parallel Iron, LLC, Case IPR2013-00639 (PTAB Oct. 15, 2013)
`(Paper 7) (representative “Order – Authorizing Motion for Pro Hac Vice
`Admission”)).
`Lead counsel for Petitioner, Paul J. Molino, a registered practitioner,
`filed each Motion. Paper 6, 2; Paper 7, 2. In the Motions, Petitioner states
`there is good cause for the Board to recognize Mr. Rakoczy and Mr. Salmen
`pro hac vice during these proceedings because they are “experienced
`litigating attorney[s]” and have “familiarity with the subject matter at issue
`in [these] proceeding[s].” Paper 6, 3; Paper 7, 3; see Ex. 1084 ¶ 7; Ex. 1085
`¶ 7. Mr. Rakoczy’s and Mr. Salmen’s Declarations also comply with the
`
`2 Our citations to Papers and Exhibits will be to those filed in
`IPR2021-00880. Similar Papers and Exhibits were filed in IPR2021-
`00881.
`
`2
`
`
`
`IPR2021-00880 (Patent 9,669,069 B2)
`IPR2021-00881 (Patent 9,254,338 B2)
`requirements for pro hac vice admission. Ex. 1084 ¶¶ 1–11; Ex. 1085 ¶¶ 1–
`11; see Unified Patents, slip op. at 3–4.
`Having reviewed the Motions and supporting Declarations, we find
`that good cause exists for granting admission pro hac vice to Mr. Rakoczy
`and Mr. Salmen in each of the above-listed proceedings.
`
`In consideration of the foregoing, it is hereby:
`ORDERED that the Motions are granted, and William A. Rakoczy
`and Heinz J. Salmen are authorized to represent Petitioner only as back-up
`counsel in the above-identified proceedings;
`FURTHER ORDERED that a registered practitioner will continue to
`represent Petitioner as lead counsel in the above-identified proceedings;
`FURTHER ORDERED that Mr. Rakoczy and Mr. Salmen shall
`comply with the Office Patent Trial Practice Guide3 (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;4 and
`FURTHER ORDERED that Mr. Rakoczy and Mr. Salmen shall be
`subject to the USPTO’s Rules of Professional Conduct set forth in 37 C.F.R.
`§§ 11.101 et seq. and to the USPTO’s disciplinary jurisdiction under 37
`C.F.R. § 11.19(a).
`
`3 Available at https://www.uspto.gov/TrialPracticeGuideConsolidated.
`
` 4
`
` In each of the Declarations, Mr. Rakoczy and Mr. Salmen state “I have
`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” Ex. 1084 ¶ 8;
`Ex. 1085 ¶ 8. The Office Patent Trial Practice Guide and the Board’s
`Rules of Practice for Trials are set forth in Part 42 of Title 37, Code of
`Federal Regulations. We treat the omission of “Title 37” as harmless error.
`
`3
`
`
`
`IPR2021-00880 (Patent 9,669,069 B2)
`IPR2021-00881 (Patent 9,254,338 B2)
`
`FOR PETITIONER:
`Paul J. Molino
`Neil B. McLaughlin
`RAKOCZY MOLINO MAZZOCHI SIWIK LLP
`paul@rmmslegal.com
`nmclaughlin@rmmslegal.com
`
`FOR PATENT OWNER:
`Deborah E. Fishman
`Amanda K. Antons
`Alice S. Ho
`Arnold & Porter Kaye Scholer LLP
`Deborah.Fishman@arnoldporter.com
`Amanda.Antons@arnoldporter.com
`Alice.Ho@arnoldporter.com
`
`4
`
`
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