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UNITED STATES PATENT AND TRADEMARK OFFICE
`______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________
`
`FRESENIUS KABI USA, LLC,
`Petitioner,
`
`v.
`
`NOVO NORDISK A/S,
`Patent Owner.
`______________
`
`Case IPR2022-00657
`Patent 8,114,833
`______________
`
`DECLARATION OF RYAN P. JOHNSON IN SUPPORT OF PATENT
`OWNER’S MOTION FOR ADMISSION PRO HAC VICE OF RYAN P.
`JOHNSON UNDER 37 C.F.R. § 42.10(c)
`
`Novo Nordisk A/S Ex. 2001, P. 1
`Fresenius Kabi v. Novo Nordisk
`IPR2022-00657
`
`

`

`I, Ryan P. Johnson, declare as follows:
`
`1. I am a member in good standing of the New York State Bar (admitted
`
`2008) and the Connecticut State Bar (admitted 2008), as well as the following
`
`Federal Courts: U.S. District Court for the Southern District of New York (admitted
`
`2009), U.S. District Court for the Eastern District of New York (admitted 2009), the
`
`U.S. Court of Appeals for the Federal Circuit (admitted 2010), and the U.S. Court of
`
`Appeals for the Fourth Circuit (admitted 2017).
`
`2. I have never been suspended or disbarred from practice before any court
`
`or administrative body.
`
`3. I have never had an application for admission to practice before any
`
`court or administrative body denied.
`
`4. I have had no sanctions or contempt citations imposed against me by
`
`any court or administrative body.
`
`5. I have read and will comply with the Office Patent Trial Practice Guide
`
`and updates thereto and the Board’s Rules of Practice for Trials set forth in part 42
`
`of title 37 Code of Federal Regulations.
`
`6. I agree 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).
`
`Novo Nordisk A/S Ex. 2001, P. 2
`Fresenius Kabi v. Novo Nordisk
`IPR2022-00657
`
`

`

`7. Within the past three years, I have applied for and been granted
`
`permission to appear pro hac vice in the following proceedings before the Board:
`
`Pharmacosmos A/S v. American Regent, Inc., PGR2020-00009 (Paper No. 11);
`
`Mylan Institutional LLC v. Novo Nordisk A/S, IPR2020-00324 (Paper No. 12). I also
`
`have a Motion for Pro Hac Vice pending before the Board in the following
`
`proceeding: Pharmacosmos A/S v. Luitpold Pharmaceuticals, Inc., IPR2015-01493
`
`(Paper No. 67).
`
`8. I am familiar with the subject matter of U.S. Patent No. 8,114,833 (“the
`
`’833 patent”) at issue in this proceeding, including its prosecution history and the
`
`scientific field to which the ’833 patent relates. I have served or am currently serving
`
`as counsel for Patent Owner in the following district court litigations involving the
`
`’833 patent: Novo Nordisk Inc. and Novo Nordisk A/S v. Teva Pharmaceuticals, Inc.
`
`and Teva USA Pharmaceuticals, Inc., Case No. 1:17-cv-00227 (D. Del.), Novo
`
`Nordisk Inc. and Novo Nordisk A/S v. Mylan Institutional LLC, No. 19-cv-01551 (D.
`
`Del.); Novo Nordisk Inc. and Novo Nordisk A/S v. Mylan Institutional LLC, No. 19-
`
`cv-164 (N.D. W. Va.); Novo Nordisk Inc. and Novo Nordisk A/S v. Sandoz Inc., 1:20-
`
`cv-00747 (D. Del.); Novo Nordisk Inc. and Novo Nordisk A/S v. Sandoz Inc., 1:20-
`
`cv-06842 (D.N.J.); Novo Nordisk Inc. and Novo Nordisk A/S v. Teva
`
`Pharmaceuticals, Inc. and Teva USA Pharmaceuticals, Inc., 1:21-cv-01782 (D.
`
`Del.); Novo Nordisk Inc. and Novo Nordisk A/S v. Hikma Pharmaceuticals USA
`
`Novo Nordisk A/S Ex. 2001, P. 3
`Fresenius Kabi v. Novo Nordisk
`IPR2022-00657
`
`

`

`Inc., Case No. 1:21-cv-01783 (D. Del.); Novo Nordisk Inc. and Novo Nordisk A/S v.
`
`Aurobindo Pharma USA, Inc., et al., Case No. 1:22-cv-00295 (D. Del.); and Novo
`
`Nordisk Inc. and Novo Nordisk A/S v. Mylan Pharmaceuticals Inc., 1:22-cv-00023
`
`(N.D. W. Va.). Additionally, I have been involved have served as counsel for Patent
`
`Owner in the following Office proceedings involving the ’833 Patent: Mylan
`
`Institutional LLC v. Novo Nordisk A/S, IPR2020-00324. Over the course of these
`
`proceedings, I have developed a thorough understanding of the ’833 patent, the
`
`relevant art, and the scientific field.
`
`9. I am an experienced litigating attorney with over fourteen years in
`
`private practice. During this time, I have represented clients in patent infringement
`
`matters at trial, summary judgment hearings, and Markman hearings. I have been
`
`counsel in over 40 patent infringement cases, most of which have involved
`
`pharmaceutical patents, and have represented clients in multiple United States
`
`District Courts, the United States Court of Appeals for the Federal District, and the
`
`United States Court of Appeal for the Fourth Circuit. I additionally have extensive
`
`experience advising clients on the validity and infringement of pharmaceutical
`
`patents, working with experts, and developing strategies related to enforcement of
`
`pharmaceutical patents.
`
`10. I hereby declare that all statements made herein of my own knowledge
`
`are true and that all statements made on information and belief are believed to be
`
`Novo Nordisk A/S Ex. 2001, P. 4
`Fresenius Kabi v. Novo Nordisk
`IPR2022-00657
`
`

`

`true; and further that all statements herein are made with knowledge that willful false
`
`statements and the like are punishable by fine or imprisonment, or both, under
`
`Section 1001 of Title 18 of the United States Code.
`
`
`
`
`Dated: June 13, 2022
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`
`/Ryan P. Johnson/
`Ryan P. Johnson
`FENWICK & WEST LLP
`902 Broadway, Suite 14
`New York, NY 10010
`(212) 430-2600 (tel)
`ryan.johnson@fenwick.com
`
`
`
`Novo Nordisk A/S Ex. 2001, P. 5
`Fresenius Kabi v. Novo Nordisk
`IPR2022-00657
`
`

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