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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`TWI PHARMACEUTICALS INC.,
`Petitioner,
`v.
`MERCK SERONO SA,
`Patent Owner.
`
`IPR2023-00049 (Patent 7,713,947 B2)
`IPR2023-00050 (Patent 8,377,903 B2)0F
`1
`
`Before ULRIKE W. JENKS, ZHENYU YANG and TINA HULSE,
`Administrative Patent Judges.
`
`JENKS, Administrative Patent Judge.
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`DECLARATION OF DON J. MIZERK IN SUPPORT OF
`PRO HAC VICE MOTION
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`1 The identical document is filed in each proceeding identified in the caption.
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`Ex. 1036
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`
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`Mizerk Decl.
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`I, Don J. Mizerk, declare as follows:
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`1.
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`I am a lawyer at the law firm of Husch Blackwell LLP, attorneys for
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`Petitioner in the above-captioned proceeding. I am over the age of eighteen,
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`competent to make this declaration, and do so based on personal knowledge. I
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`provide this declaration in support of Petitioner’s Motion for my pro hac vice
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`admission. My testimony in this declaration is based on personal knowledge and, if
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`called as a witness, could competently testify to the facts below.
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`2.
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`I am an experienced litigating attorney and have approximately 26
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`years of experience in litigating patent infringement suits. My practice has been
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`predominantly patent infringement litigation before district courts around the
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`country and the Federal Circuit Court of Appeals.
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`3.
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`I am a member in good standing of the Bars of the States of Illinois
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`and California, and am admitted to practice before the U.S. District Court for the
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`Northern District of Illinois, the United States Bankruptcy Court for the Northern
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`District of Illinois, the U.S. District Court for the Northern District of California,
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`the U.S. District Court for the Central District of California, the U.S. District Court
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`for the Southern District of California, the Third Circuit Court of Appeals, the
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`Sixth Circuit Court of Appeals, the Seventh Circuit Court of Appeals, the U.S.
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`Court of Appeals for the Federal Circuit, and the United States Supreme Court.
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`1
`
`Ex. 1036
`
`
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`Mizerk Decl.
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`4.
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`I have never been suspended or disbarred from practice before any
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`court or administrative body.
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`5.
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`I have never been denied an application for admission to practice
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`before any court or administrative body.
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`6.
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`I have never been sanctioned or cited for contempt by any court or
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`administrative body.
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`7.
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`I have read and will comply with the Office Patent Trial Practice
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`Guide and the Board’s Rules of Practice for Trials set forth in § 42 of 37 C.F.R.
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`8.
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`I agree to be subject to the USPTO Rules of Professional Conduct set
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`forth in 37 C.F.R. §§ 11.101 et. seq. and disciplinary jurisdiction under 37 C.F.R.
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`§ 11.19(a).
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`9.
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`I have not previously been granted permission to appear pro hac vice
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`in an IPR proceeding.
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`10.
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`I have established familiarity with the subject matter at issue in these
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`proceedings. I am familiar with the patents-at-issue, the relevant prosecution
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`histories, and prior art references relied upon in the IPR Petitions.
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`11. Additionally, I have been familiar with the general subject matter at
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`issue in these proceedings as I have engaged extensively in counseling with
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`Petitioner concerning issues relating to this patent, including consideration relating
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`to this inter partes review.
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`2
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`Ex. 1036
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`
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`Mizerk Decl.
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`* * * * *
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`Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury that the
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`above statements are true and correct.
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`EXECUTED this 27th day of February 2024.
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`__________________________
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`Don J. Mizerk
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`3
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`Ex. 1036
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