Paper No. ___
`Filed: April 12, 2022
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`__________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_____________________________
`
`MYLAN PHARMACEUTICALS, INC., CELLTRION, INC., and
`APOTEX, INC.,
`Petitioners,
`
`v.
`
`REGENERON PHARMACEUTICALS, INC.,
`Patent Owner.
`
`_____________________________
`
`IPR2021-008801
`Patent No. 9,669,069
`
`_____________________________
`
`PETITIONER CELLTRION, INC. UNOPPOSED MOTION
`FOR PRO HAC VICE ADMISSION UNDER 37 C.F.R. § 42.10(c)
`
`1 IPR2022-00257 has been joined with this proceeding.
`
`
`Filed: April 12, 2022
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`__________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_____________________________
`
`MYLAN PHARMACEUTICALS, INC., CELLTRION, INC., and
`APOTEX, INC.,
`Petitioners,
`
`v.
`
`REGENERON PHARMACEUTICALS, INC.,
`Patent Owner.
`
`_____________________________
`
`IPR2021-008801
`Patent No. 9,669,069
`
`_____________________________
`
`PETITIONER CELLTRION, INC. UNOPPOSED MOTION
`FOR PRO HAC VICE ADMISSION UNDER 37 C.F.R. § 42.10(c)
`
`1 IPR2022-00257 has been joined with this proceeding.
`
`
`
`I.
`
`PRECISE RELIEF REQUSTED
`
`Pursuant to 37 C.F.R. § 42.10(c), Celltrion, Inc. (“Petitioner”) respectfully
`
`requests that the Board recognize (1) Robert Cerwinski, (2) Aviv Zalcenstein, and
`
`(3) Brigid Morris as counsel pro hac vice in this proceeding. Patent Owner
`
`(Regeneron) and the other Petitioners (Mylan and Apotex) have indicated that they
`
`will not oppose. Declarations of Mr. Cerwinski (EX1084), Mr. Zalcenstein
`
`(EX1085) and Ms. Morris (EX1086) accompany this motion.
`
`II.
`
`STATEMENT OF FACTS
`
`A. Robert Cerwinski
`
`1. Mr. Cerwinski is a member in good standing of the Bar of the State of
`
`New York and is admitted to practice before the United States District Court for the
`
`Southern District of New York and the United States Court of Appeals for the
`
`Federal Circuit. EX1084 ¶7.
`
`2. Mr. Cerwinski has not been suspended or disbarred from practice
`
`before any court or administrative body. Id., ¶8.
`
`3.
`
`No court or administrative body or administrative body has denied an
`
`application for admission from Mr. Cerwinski. Id., ¶9.
`
`4.
`
`No court or administrative body has imposed sanctions or contempt
`
`citations on Mr. Cerwinski. Id., ¶10.
`
`-2-
`
`
`
`5. Mr. Cerwinski has read and will comply with the Office Patent Trial
`
`Practice Guide (and update) and the Board’s Rules of Practice for Trials set forth in
`
`part 42 of title 37 of the Code of Federal Regulations. Id., ¶11.
`
`6. Mr. Cerwinski 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(a). Id., ¶12.
`
`7. Mr. Cerwinski has appeared pro hac vice before the Office once in the last
`
`three years, in Fresenius Kabi USA, LLC v. Amgen, Inc., IPR2020-00314. Id., ¶13.
`
`8. Mr. Cerwinski is a partner at Gemini Law and is a patent litigation
`
`attorney with experience representing clients in multiple jurisdictions, including
`
`United States District Courts and the Federal Circuit Court of Appeals.
`
`9. Mr. Cerwinski has reviewed U.S. Patent No. 9,254,338 and the
`
`submission of the parties in the present proceeding.
`
`B. Aviv Zalcenstein
`
`10. Mr. Zalcenstein is a member in good standing of the Bar of the State of
`
`New York and is admitted to practice before the United States District Courts for
`
`the Southern District of New York and the Eastern District of New York, and the
`
`United States Court of Appeals for the Second and Federal Circuits. EX1085 ¶7.
`
`11. Mr. Zalcenstein has not been suspended or disbarred from practice
`
`before any court or administrative body. Id., ¶8.
`
`-3-
`
`
`
`12. No court or administrative body or administrative body has denied an
`
`application for admission from Mr. Zalcenstein. Id., ¶9.
`
`13. No court or administrative body has imposed sanctions or contempt
`
`citations on Mr. Zalcenstein. Id., ¶10.
`
`14. Mr. Zalcenstein has read and will comply with the Office Patent Trial
`
`Practice Guide (and update) and the Board’s Rules of Practice for Trials set forth in
`
`part 42 of title 37 of the Code of Federal Regulations. Id., ¶11.
`
`15. Mr. Zalcenstein 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(a). Id., ¶12.
`
`16. Mr. Zalcenstein has not applied to appear pro hac vice before the
`
`Office in the last three years. Id., ¶13.
`
`17. Mr. Zalcenstein is a partner at Gemini Law and is a patent litigation
`
`attorney with experience representing clients in multiple jurisdictions, including
`
`United States District Courts and the Federal Circuit Court of Appeals.
`
`18. Mr. Zalcenstein has reviewed U.S. Patent No. 9,254,338 and the
`
`submission of the parties in the present proceeding.
`
`C. Brigid Morris
`
`19. Ms. Morris is a member in good standing of the Bar of the State of
`
`New York and is admitted to practice before the United States District Courts for
`
`-4-
`
`
`
`the Southern District of New York and the Eastern District of New York, and the
`
`United States Court of Appeals for the Federal Circuit. EX1086 ¶7.
`
`20. Ms. Morris has not been suspended or disbarred from practice before
`
`any court or administrative body. Id., ¶8.
`
`21. No court or administrative body or administrative body has denied an
`
`application for admission from Ms. Morris. Id., ¶9.
`
`22. No court or administrative body has imposed sanctions or contempt
`
`citations on Ms. Morris. Id., ¶10.
`
`23. Ms. Morris has read and will comply with the Office Patent Trial
`
`Practice Guide (and update) and the Board’s Rules of Practice for Trials set forth in
`
`part 42 of title 37 of the Code of Federal Regulations. Id., ¶11.
`
`24. Ms. Morris 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(a). Id., ¶12.
`
`25. Ms. Morris has not applied to appear pro hac vice before the Office in
`
`the last three years. Id., ¶13.
`
`26. Ms. Morris is an associate at Gemini Law and is a patent litigation
`
`attorney with experience representing clients in multiple jurisdictions, including
`
`United States District Courts and the Federal Circuit Court of Appeals.
`
`-5-
`
`
`
`27. Ms. Morris has reviewed U.S. Patent No. 9,254,338 and the submission
`
`of the parties in the present proceeding.
`
`III. REASONS FOR THE REQUESTED RELIEF
`
`Petitioner Celltrion has an established relationship with Robert Cerwinski,
`
`Aviv Zalcenstein and Brigid Morris, which Celltrion wishes to continue. Their
`
`educational background, litigation experience, successful admission to other
`
`tribunals, and experience with this proceeding in particular make them well suited
`
`for pro hac vice.
`
`IV. DECLARATION OF INDIVIDUAL SEEKING TO APPEAR
`
`This Motion for Pro Hac Vice Admission is accompanied by a Declaration of
`
`Robert Cerwinski (EX1084), a Declaration of Aviv Zalcenstein (EX1085), and a
`
`Declaration of Brigid Morris (EX1086).
`
`V. CONCLUSION
`
`For the foregoing reasons, Petitioner respectfully requests that the Board
`
`admit Robert Cerwinski, Aviv Zalcenstein and Brigid Morris as counsel Pro Hac
`
`Vice in this proceeding.
`
`Dated: April 12, 2022
`
`
`
`Respectfully submitted,
`
`/Lora M. Green/
`
` Lora M. Green, Lead Counsel
` Reg. No. 43,541
`
`-6-
`
`
`
`CERTIFICATE OF SERVICE
`This is to certify that I caused to be served true and correct copy of the
`
`foregoing Motion for Pro Hac Vice Admission Under 37 C.F.R. § 42.10(c) on this
`
`12th day of April 2022, on the Patent Owner at the correspondence address of the
`
`Patent Owner as follows:
`
`Deborah Fishman
`
`Deborah.fishman@arnoldporter.com
`
`David Cain
`
`David.Caine@arnoldporter.com
`
`Alice Sin Yu Ho
`
`Alice.ho@arnoldporter.com
`
`Victoria Reines
`
`Victoria.Reines@arnoldporter.com
`
`Jeremy Cobb
`
`Jeremy.Cobb@arnoldporter.com
`
`Daniel Reisner
`
`Daniel.Reisner@arnoldporter.com
`
`Matthew Wilk
`
`Matthew.Wilk@arnoldporter.com
`
`RegeneronEyleaIPRs@arnoldporter.com
`
`And to Counsel for Petitioner Mylan Pharmaceuticals in IPR2021-00880, as follows:
`
`Paul Molino
`
`paul@rmmslegal.com
`
`William A. Rakoczy
`
`wrakoczy@rmmslegal.com
`
`-7-
`
`
`
`Heinz Salmen
`
`Neil McLaughlin
`
`Teresa Rea
`
`Deborah Yellin
`
`Shannon Lentz
`
`hsalmen@rmmslegal.com
`
`nmclaughlin@rmmslegal.com
`
`trea@crowell.com
`
`dyellin@crowell.com
`
`slentz@crowell.com
`
`MYL_REG_IPR@rmmslegal.com
`
`Dated: April 12, 2022
`
`
`
`Respectfully submitted,
`
`/Lora M. Green/
`
` Lora M. Green, Lead Counsel
` Reg. No. 43,541
`
`-8-
`
`
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