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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`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 H. RACHAEL MILLION-PEREZ
`IN SUPPORT OF MOTION FOR ADMISSION PRO HAC VICE
`
`Merck 2080
`TWi v Merck
`IPR2023-00049
`
`
`
`
`Case No. IPR2023-00049
`Declaration of H. Rachael Million-Perez in Support of
`Motion for Admission Pro Hac Vice
`
`
`I, H. Rachael Million-Perez, declare as follows:
`
`
`1.
`
`I was admitted to the New York Bar in 2016 and the Colorado Bar in
`
`2019. I have been practicing law for over eight 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 and district court litigation. 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 New York and Colorado Bars
`
`and am admitted to practice before the U.S. Court of Appeals for the Federal
`
`Circuit, the U.S. Court of Appeals for the Sixth Circuit, the U.S. District Court for
`
`the District of Colorado, and the U.S. District Court for the Western District of
`
`Tennessee.
`
`3.
`
`My New York Bar membership number is 5441605. My Colorado
`
`Bar membership number is 53394.
`
`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.
`
`- 1 -
`
`
`
`Case No. IPR2023-00049
`Declaration of H. Rachael Million-Perez in Support of
`Motion for Admission Pro Hac Vice
`
`6.
`
`I have never had any sanctions or contempt citations imposed on me
`
`
`
`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 inter partes review proceedings dating
`
`back to 2016. 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 filed in this proceeding. In addition to this
`
`proceeding, I have reviewed the papers filed 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 SA, and Ares Trading SA
`
`- 2 -
`
`
`
`Case No. IPR2023-00049
`Declaration of H. Rachael Million-Perez in Support of
`Motion for Admission Pro Hac Vice
`
`
`(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 H. Rachael Million-Perez in Support of
`Motion for Admission Pro Hac Vice
`
`
`both under Section 1001 of Title 18 of the United States Code.
`
`
`
`Dated: May 21, 2024
`
`
`
`
`
`
`
`
`Respectfully Submitted,
`
`/H. Rachael Million-Perez/
`H. Rachael Million-Perez
`Wilmer Cutler Pickering
`Hale and Dorr LLP
`1225 Seventeenth Street
`Suite 2600
`Denver, CO 80202
`(720) 274-3135
`
`- 4 -
`
`
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