`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`TWI PHARMACEUTICALS, INC.,
`Petitioner,
`
`v.
`
`MERCK SERONO SA,
`Patent Owner.
`____________________________________________
`Case IPR2023-00049
`U.S. Patent No. 7,713,947
`____________________________________________
`
`DECLARATION OF MARY PHENG
`IN SUPPORT OF MOTION FOR ADMISSION PRO HAC VICE
`
`Merck 2003
`TWi v Merck
`IPR2023-00049
`
`
`
`Case No. IPR2023-00049
`Declaration of Mary Pheng in Support of
`Motion for Admission Pro Hac Vice
`
`
`I, Mary Pheng, declare as follows:
`
`
`1.
`
`I was admitted to the Minnesota Bar in 2016 and the New York Bar
`
`in 2023. I have been practicing law for over seven years, with an emphasis on
`
`patent litigation in a variety of jurisdictions. I have had significant involvement in
`
`patent disputes in inter partes review proceedings, district court litigation, and
`
`international trade commission investigations. As part of my patent litigation
`
`experience, I have knowledge and experience with litigating invalidity/validity,
`
`defending and deposing fact and expert witnesses, handling evidentiary issues, and
`
`claim construction.
`
`2.
`
`I am a member in good standing of the Bars of Minnesota and New
`
`York and am admitted to practice before the U.S. District Court for the District of
`
`Minnesota.
`
`3.
`
`My Minnesota Bar membership number is 0398500. My New York
`
`Bar membership number is 6039788.
`
`4.
`
`I have never been suspended or disbarred from practice before any
`
`court or administrative body.
`
`5.
`
`I have never had a court or administrative body deny my application
`
`for admission to practice.
`
`6.
`
`I have never had any sanctions or contempt citations imposed on me
`
`- 1 -
`
`
`
`Case No. IPR2023-00049
`Declaration of Mary Pheng in Support of
`Motion for Admission Pro Hac Vice
`
`
`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 Conduct set forth in 37 C.F.R. §§ 11.101 et seq. and
`
`disciplinary jurisdiction under 37 C.F.R. § 11.19(a).
`
`9.
`
`I have assisted and worked on proceedings before the Board dating
`
`back to 2016 and have previously appeared pro hac vice in proceedings before the
`
`United States Patent and Trademark Office. I have not appeared pro hac vice
`
`before the United States Patent and Trademark Office in the last three years.
`
`10.
`
`I am intimately familiar with the subject matter at issue in this
`
`proceeding. I have reviewed the papers and exhibits filed 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 were filed
`
`as Hopewell 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
`
`- 2 -
`
`
`
`Case No. IPR2023-00049
`Declaration of Mary Pheng in Support of
`Motion for Admission Pro Hac Vice
`
`
`SA, and Ares Trading SA (collectively, “Merck”) in the following consolidated
`
`district court litigation, in which the ’947 patent is a patent-in-suit: Merck KGaA,
`
`Merck Serono SA, and Ares Trading SA v. Hopewell Pharma Ventures, Inc., et al.,
`
`No. 1:22-cv-01365-GBW (consolidated)1 (D. Del.).
`
`11.
`
`I will work in coordination and association with the designated lead
`
`counsel, Emily R. Whelan, for the duration of my involvement in this proceeding.
`
`12.
`
`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 true; and further that these statements are made with the knowledge
`
`that willful false statements and the like are punishable by fine, imprisonment, or
`
`
`1 The following cases have been consolidated as Merck KGaA, 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.).
`
`- 3 -
`
`
`
`Case No. IPR2023-00049
`Declaration of Mary Pheng in Support of
`Motion for Admission Pro Hac Vice
`
`
`both under Section 1001 of Title 18 of the United States Code.
`
`
`
`Dated: February 8, 2024
`
`
`
`
`
`
`Respectfully Submitted,
`
`/Mary Pheng/
`Mary Pheng
`Wilmer Cutler Pickering
`Hale and Dorr LLP
`7 World Trade Center
`250 Greenwich Street
`New York, NY 10007
`(212) 230-8800
`
`- 4 -
`
`
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