UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`TWI PHARMACEUTICALS, INC.,
`Petitioner,
`
`MERCK SERONOSA,
`Patent Owner.
`
`
`Case IPR2023-00050
`U.S. Patent No. 8,377,903
`
`
`DECLARATION OF VINITA FERRERA
`
`IN SUPPORT OF MOTION FOR ADMISSION PRO HAC VICE
`
`Merck 2002
`TWi1v Merck
`
`IPR2023-00050
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`TWI PHARMACEUTICALS, INC.,
`Petitioner,
`
`MERCK SERONOSA,
`Patent Owner.
`
`
`Case IPR2023-00050
`U.S. Patent No. 8,377,903
`
`
`DECLARATION OF VINITA FERRERA
`
`IN SUPPORT OF MOTION FOR ADMISSION PRO HAC VICE
`
`Merck 2002
`TWi1v Merck
`
`IPR2023-00050
`
`
`
`Case No. IPR2023-00050
`Declaration of Vinita Ferrera in Support of
`Motion for Admission Pro Hac Vice
`
`I, Vinita Ferrera, declare as follows:
`
`1.
`
`I was admitted to the Massachusetts Bar in February 1996 and the
`
`New York Bar in April 1996.
`
`I have been practicing law for over 27 years.
`
`Mypractice has focused on patentlitigation disputes in a variety of
`
`jurisdictions, with a particular emphasis on patentlitigation in the life sciences
`
`fields.
`
`2.
`
`I have been counsel of record in over 40 patent litigations and
`
`participated in all aspects of such litigation, including trials and appeals.
`
`3.
`
`I am a memberin good standing of the Bars of Massachusetts and
`
`New York and am admitted to practice before the U.S. District Court for the
`
`District of Massachusetts and the U.S. District Court for the District of
`
`Colorado.
`
`I am also admitted to practice before the U.S. Court of Appeals for
`
`the Federal Circuit, the First Circuit, and the Second Circuit.
`
`4.
`
`MyMassachusetts Bar membership numberis 631190. My New
`
`York Bar membership numberis 2750727.
`
`5.
`
`I have never been suspendedordisbarred from practice before any
`
`court or administrative body.
`
`6.
`
`I have never had a court or administrative body deny my
`
`application for admission to practice.
`
`
`
`Case No. IPR2023-00050
`Declaration of Vinita Ferrera in Support of
`Motion for Admission Pro Hac Vice
`
`7.
`
`I have neverhad any sanctions or contemptcitations imposed by
`
`any court or administrative body.
`
`8.
`
`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.
`
`9.
`
`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).
`
`10.—_In the past three years, I have appeared pro hacvice 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.
`
`11.
`
`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 anddrafting 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
`
`Pharma Ventures, Inc., v. Merck Serono SA, IPR2023-00480 and Hopewell
`
`
`
`Case No. IPR2023-00050
`Declaration of Vinita Ferrera in Support of
`Motion for Admission Pro Hac Vice
`
`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.).
`
`12.
`
`I am also familiar with pharmaceuticals, methods of treatment, and
`
`small molecule therapeutics. I have represented a numberoflife sciences,
`
`pharmaceutical, biotechnology, and diagnostics companies, including Gilead
`
`' 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. IPR2023-00050
`Declaration of Vinita Ferrera in Support of
`Motion for Admission Pro Hac Vice
`
`Sciences, Inc.; AbbVie, Inc.; GlaxoSmithKline; Novartis Corporation; Precision
`
`Biosciences, Inc.; Palomar Medical Technologies, Inc.; Proctor & Gamble Co.;
`
`Millennium Pharmaceuticals, Inc.; Shionogi, Inc.; and other companies in
`
`confidential representations in manypatentlitigation matters, including before
`
`federal district courts.
`
`13.
`
`[hereby declare that all statements made herein ofmy own
`
`knowledgeare true and that all statements made on information and beliefare
`
`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 29, 2024
`
`Respectfully Submitted,
`
`Vnda Fore
`
`
`Vinita Ferrera
`Wilmer Cutler Pickering
`Hale and Dorr LLP
`60 State Street
`Boston, MA 02109
`(617) 526-6000
`
`
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