UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`TWI PHARMACEUTICALS, INC.,
`Petitioner,
`
`MERCK SERONOSA,
`Patent Owner.
`
`
`Case IPR2023-00049
`U.S. Patent No. 7,713,947
`
`
`DECLARATION OF DAVID B. BASSETT
`
`IN SUPPORT OF MOTION FOR ADMISSION PRO HAC VICE
`
`Merck 2001
`TWi v Merck
`
`IPR2023-00049
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`TWI PHARMACEUTICALS, INC.,
`Petitioner,
`
`MERCK SERONOSA,
`Patent Owner.
`
`
`Case IPR2023-00049
`U.S. Patent No. 7,713,947
`
`
`DECLARATION OF DAVID B. BASSETT
`
`IN SUPPORT OF MOTION FOR ADMISSION PRO HAC VICE
`
`Merck 2001
`TWi v Merck
`
`IPR2023-00049
`
`
`
`Case No. IPR2023-00049
`Declaration of David B. Bassett in Support of
`Motion for Admission Pro Hac Vice
`
`I, David B. Bassett, declare as follows:
`
`1.
`
`I was admitted to the Indiana Barin 1987, the Massachusetts Bar in
`
`April 1988, and the New York Bar in March 2007. I have been practicing law for
`
`36 years. For more than three decades, I have had significant involvement in
`
`dozensofpatentlitigation disputes in a variety ofjurisdictions, with a particular
`
`emphasis on patentlitigation in the life sciences. I have been counsel of record in
`
`more than one hundredpatent cases and served as lead trial counsel in a numberof
`
`patentlitigationtrials.
`
`2.
`
`I am a memberin good standing of the Bars of Indiana,
`
`Massachusetts, and New York and am admitted to practice before the U.S. District
`
`Court for the District of Massachusetts.!
`
`I am also admitted to practice before the
`
`U.S. Court of Appeals for the Federal Circuit.
`
`3.
`
`MyIndiana Bar membership numberis 11905-49. My
`
`Massachusetts Bar membership numberis 551148. My New Yorkbar
`
`membership numberis 4496089.
`
`4.
`
`I have never been suspended ordisbarred from practice before any
`
`court or administrative body.
`
`5.
`
`I have never had a court or administrative body deny my application
`
`! My bar membership in Indianais currently on inactive memberstatus.
`
`-l-
`
`
`
`Case No. IPR2023-00049
`Declaration of David B. Bassett in Support of
`Motion for Admission Pro Hac Vice
`
`for admission to practice.
`
`6.
`
`I have never had any sanctions or contempt citations imposed by any
`
`court or administrative body.
`
`7.
`
`I have read and will comply with the Patent Office Trial Practice
`
`Guide and the Board’s Rules for Practice for Trials, as set forth in 37 C.F.R. Part
`
`42.
`
`8.
`
`I agree to be subject to the United States Patent and Trademark
`
`Office Rules of Professional Conductset forth in 37 C.F.R. §§ 11.101 et seg. and
`
`disciplinary jurisdiction under 37 C.F.R. § 11.19(a).
`
`9.
`
`In the past three years, I have appeared pro hac vice before the
`
`United States Patent and Trademark Office in the following proceedings: Hopewell
`
`Pharma Ventures, Inc., v. Merck Serono SA, including Case Nos. IPR2023-00480
`
`and IPR2023-00481.
`
`10.
`
`Tam intimately familiar with the subject matter at issue in this
`
`proceeding.
`
`I have reviewedthe papers and exhibits filed in this proceeding.
`
`I
`
`also participated in drafting papers filed thus far in this proceeding. In addition to
`
`this proceeding,I participated in reviewing and drafting papers in the related inter
`
`partes review matters challenging U.S. Patent No. 7,713,947 (the “’947 patent’)
`
`and U.S. Patent No. 8,377,903 (the “’903 patent”), which werefiled as Hopewell
`
`
`
`Case No. IPR2023-00049
`Declaration of David B. Bassett in Support of
`Motion for Admission Pro Hac Vice
`
`Pharma Ventures, Inc., v. Merck Serono SA, IPR2023-00480, and Hopewell
`
`Pharma Ventures, Inc., v. Merck Serono SA, IPR2023-00481, respectively.
`
`Moreover, I am currently representing Merck KGaA, Merck Serono SA, and Ares
`
`Trading SA (collectively, “Merck’’) in the following parallel district court
`
`litigations, in which the ’947 patent is a patent-in-suit: Merck KGaA, Merck Serono
`
`SA, and Ares Trading SA v. Accord Healthcare, Inc., No. 1:22-cv-00974-GBW (D.
`
`Del.) and Merck KGaA, Merck Serono SA, and Ares Trading SA v. Hopewell
`
`PharmaVentures, Inc., et al., No. 1:22-cv-01365-GBW (consolidated)’ (D. Del.).
`
`11.
`
`I am also familiar with treatment for neurological disorders and small
`
`molecule therapeutics.
`
`I have represented a numberoflife sciences,
`
`? The following cases have been consolidated as Merck Serono SA, and Ares
`
`Trading SA v. Hopewell Pharma Ventures, Inc., et al., No. 1:22-cv-01365-GBW
`
`(D. Del.): Merck KGaA, Merck Serono SA, and Ares Trading SA v. Hopewell
`
`Pharma Ventures, Inc., No. 1:22-cv-01365-GBW (D. Del.); Merck KGaA, Merck
`
`Serono SA, and Ares Trading SA v. Aurobindo Pharma USA, Inc. and Aurobindo
`
`Pharma Limited, No. 1:23-cv-00039-GBW (D. Del.); and Merck KGaA, Merck
`
`Serono SA, and Ares Trading SA v. Apotex Inc. and Apotex Corp., No. 1:23-cv-
`
`00655-GBW(D. Del.).
`
`
`
`Case No. IPR2023-00049
`Declaration of David B. Bassett in Support of
`Motion for Admission Pro Hac Vice
`
`pharmaceutical, biotechnology, and diagnostics companies, including Precision
`
`BioSciences, Inc.; Gilead Sciences, Inc.; Allergan; Shionogi, Inc.; Nycomed US
`
`Inc.; Biogen Idec, Inc.; Millennium Pharmaceuticals, Inc.; SPD Swiss Precision
`
`Diagnostics GmbH;andothers in manypatentlitigation matters before federal
`
`district courts and appellate courts. The technology involved in some of these
`
`disputes included methodsof diagnosing and treating neurological disorders.
`
`12.
`
`Thereby declare that all statements made herein ofmy own
`
`knowledgeare true and that all statements made on information andbeliefare
`
`believed to be true; and further that these statements are made with the knowledge
`
`that willful false statements andthe like are punishable by fine, imprisonment, or
`
`both under Section 1001 of Title 18 ofthe United States Code.
`
`Dated: January 27, 2024
`
`Respectfully Submitted,
`
`// David B Bassett//
`
`David B. Bassett
`Wilmer Cutler Pickering
`Hale and Dorr LLP
`7 World Trade Center
`250 GreenwichStreet
`New York, NY 10007
`(212) 230 8800
`
`
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