`_______________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`MYLAN PHARMACEUTICALS INC.,
`Petitioner
`v.
`REGENERON PHARMACEUTICALS, INC.,
`Patent Owner
`_______________
`
`Case IPR2021-00881
`Patent No. 9,254,338 B2
`_______________
`
`PRO HAC VICE MOTION TO ADMIT MATTHEW M. WILK PURSUANT
`TO 37 C.F.R. § 42.10(c)
`
`1
`
`
`
`Case IPR2021-00881
`Patent No. 9,254,338 B2
`
`Pursuant to 37 C.F.R. § 42.10(c) Patent Owner Regeneron Pharmaceuticals,
`
`Inc. (“Patent Owner”) hereby files this motion for Mr. Matthew M. Wilk to appear
`
`pro hac vice on its behalf before the Patent Trial and Appeal Board in this
`
`proceeding. As required by the Board’s Notice of Filing Date Accorded to Petition
`
`(Paper 3) this motion for pro hac vice admission under 37 C.F.R. § 42.10(c) is
`
`being “filed in accordance with the ‘Order -- Authorizing Motion for Pro Hac Vice
`
`Admission’ in Case IPR2013-00639” (“IPR2013-00639 Order”). (Paper 3 at 2.).
`
`Patent Owner conferred with Petitioner Mylan Pharmaceuticals Inc. (“Petitioner”)
`
`and Petitioner does not oppose the Motion for Admission pro hac vice.
`
`I.
`
`STATEMENT OF FACTS
`
`The following facts, along with the attached Declaration of Matthew M.
`
`Wilk (Wilk Decl.) support admission of Mr. Wilk pro hac vice in this
`
`proceeding.
`
`1.
`
`Lead Counsel Deborah E. Fishman (Reg. No. 48,621) and Back-up
`
`Counsel Alice S. Ho (Lim. Rec. No. L1162) are the counsel of record for Patent
`
`Owner. Ms. Fishman and Ms. Ho are experienced patent attorneys and have
`
`worked closely with Mr. Wilk since they became involved in these proceedings,
`
`and will continue to do so.
`
`2.
`
`Mr. Wilk has significant familiarity with the subject matter in this
`
`proceeding and has substantive knowledge of the patent-at-issue (Patent No.
`
`2
`
`
`
`Case IPR2021-00881
`Patent No. 9,254,338 B2
`
`9,254,338 B2 (the “’338 Patent”)) by virtue of his preparation for this
`
`proceeding. (Wilk Decl. ¶ 9). Mr. Wilk has conducted a detailed review of the
`
`‘338 Patent, the relevant prior art, and the prosecution history and related patents.
`
`In fact, a significant amount of Mr. Wilk’s time since March 2020 has been spent
`
`working on issues related to the ’338 Patent and Patent Owner’s commercial
`
`product, Eylea®. Mr. Wilk was substantively involved in the preparation of the
`
`Patent Owner Preliminary Response. Therefore, Mr. Wilk has significant
`
`experience with the subject matter of this proceeding.
`
`II. REASONS FOR GRANTING THE MOTION
`
`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.” 37 C.F.R. §
`
`42.10(c). As set forth above, lead counsel in this proceeding, Deborah E. Fishman,
`
`is a registered practitioner. Moreover, as set forth above and in the accompanying
`
`Wilk declaration, Mr. Wilk is a patent litigation attorney and has an established
`
`familiarity with the subject matter at issue in the proceeding. (Wilk Decl. ¶¶ 2, 9).
`
`3
`
`
`
`Case IPR2021-00881
`Patent No. 9,254,338 B2
`
`III. CONCLUSION
`
`Because this motion and the accompanying declaration meet all of the
`
`Board’s requirements, Patent Owner respectfully requests that the Board admit Mr.
`
`Matthew M. Wilk pro hac vice, in this proceeding.
`
`4
`
`
`
`Case IPR2021-00881
`Patent No. 9,254,338 B2
`
`Dated: November 22, 2021
`
`Respectfully submitted,
`
`/s/ Deborah E. Fishman
`Deborah E. Fishman (Reg. No. 48,621)
`3000 El Camino Real,
`Five Palo Alto Square, Suite 500
`Palo Alto, CA 94306-3807
`
`Counsel for Patent Owner
`Regeneron Pharmaceuticals, Inc.
`
`5
`
`
`
`Case IPR2021-00881
`Patent No. 9,254,338 B2
`
`CERTIFICATE OF SERVICE
`Pursuant to 37 C.F.R. §§ 42.6(e)(4)(i) et seq. and 42.105(b), the
`
`undersigned certifies that on November 22, 2021, a true and correct copy of this
`
`MOTION FOR PRO HAC VICE ADMISSION OF MATTHEW M. WILK
`
`PURSUANT TO 37 C.F.R. § 42.10(c) was served via e-mail to the Patent Owner
`
`at the following email addresses:
`
`MYL_REG_IPR@rmmslegal.com
`paul@rmmslegal.com
`wrakoczy@rmmslegal.com
`hsalmen@rmmslegal.com
`nmclaughlin@rmmslegal.com
`
`
`/s/ Deborah E. Fishman
`Deborah E. Fishman (Reg. No. 48,621)
`3000 El Camino Real,
`Five Palo Alto Square, Suite 500
`Palo Alto, CA 94306-3807
`
`Counsel for Patent Owner
`Regeneron Pharmaceuticals, Inc.
`
`-i-
`
`