UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL
`BOARD
`
`TWI PHARMACEUTICALS, INC.,
`Petitioner,
`
`v.
`
`MERCK SERONO SA,
`Patent Owner.
`
`Case IPR2023-00050
`U.S. Patent 8,377,903
`
`PATENT OWNER’S MOTION FOR
`ADMISSION PRO HAC VICE OF
`VINITA FERRERA
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL
`BOARD
`
`TWI PHARMACEUTICALS, INC.,
`Petitioner,
`
`v.
`
`MERCK SERONO SA,
`Patent Owner.
`
`Case IPR2023-00050
`U.S. Patent 8,377,903
`
`PATENT OWNER’S MOTION FOR
`ADMISSION PRO HAC VICE OF
`VINITA FERRERA
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`I.
`
`IPR2023-00050
`Patent Owner’s Motion for Admission Pro Hac Vice Vinita Ferrera
`
`Statement of Precise Relief Requested
`Pursuant to 37 C.F.R. § 42.10(c) and Paper No. 3 authorizing the parties to
`
`file motions for pro hac vice admissions under 37 C.F.R. § 42.10(c), Patent Owner
`
`Merck Serono SA requests that the Patent Trial and Appeal Board (the “Board”)
`
`admit Vinita Ferrera pro hac vice in this proceeding, IPR2023-00050. The parties
`
`have met and conferred, and Petitioner does not oppose this motion.
`
`II.
`
`Statement of Facts Showing Good Cause for the Board to Recognize
`Counsel Pro Hac Vice During the Proceeding
`In accordance with 37 C.F.R. § 42.10(c), the Board may recognize counsel
`
`pro hac vice during a proceeding upon a showing of good cause, subject to the
`
`condition that lead counsel be a registered practitioner and to any other conditions
`
`as the Board may impose. Section 42.10(c) indicates that “where lead counsel is a
`
`registered practitioner, a motion to appear pro hac vice by counsel who is not a
`
`registered practitioner may be granted upon a showing that counsel is an
`
`experienced litigating attorney and has an established familiarity with the subject
`
`matter at issue in the proceeding.” The facts here establish good cause for the
`
`Board to recognize Ms. Ferrera pro hac vice in this proceeding.
`
`Lead counsel, Emily R. Whelan, is a registered practitioner. Backup
`
`counsel, Deric Geng and Cindy Kan, are also registered practitioners. Ms. Ferrera
`
`is an experienced litigator and has established familiarity with the subject matter at
`
`- 1 -
`
`
`
`
`
`IPR2023-00050
`Patent Owner’s Motion for Admission Pro Hac Vice Vinita Ferrera
`
`
`issue in the proceeding.
`
`Accompanying this motion as Exhibit 2002 is the January 29, 2024,
`
`Declaration of Vinita Ferrera in Support of this Motion for Admission Pro Hac
`
`Vice (“Ferrera Decl.”). In her declaration, Ms. Ferrera asserts:
`
`I am a member in 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.
`
`Ferrera Decl. ¶ 3 (Ex. 2002).
`
`Ms. Ferrera demonstrates that she has a detailed working knowledge of the
`
`relevant subject matter through her participation in the inter partes review matters
`
`challenging U.S. Patent No. 7,713,947 and U.S. Patent No. 8,377,903 and in
`
`parallel district court litigations. Id. ¶ 11 (Ex. 2002). Ms. Ferrera also has
`
`significant experience with litigation involving pharmaceuticals, methods of
`
`treatment, and small molecule therapeutics. Id. ¶ 12 (Ex. 2002).
`
`In her declaration, Ms. Ferrera also attests to each of the listed items
`
`required by the “Order – Authorizing Motion for Pro Hac Vice Admission” in Case
`
`IPR2013-00639, Paper 7. See Ferrera Decl. ¶¶ 1-13 (Ex. 2002). Ms. Ferrera attests
`
`
`- 2 -
`
`
`
`
`
`IPR2023-00050
`Patent Owner’s Motion for Admission Pro Hac Vice Vinita Ferrera
`
`
`that she has read and will comply with the Office Patent Trial Practice Guide and
`
`the Board’s Rules of Practice for Trials set forth in 37 C.F.R. § 42. See id. ¶ 8 (Ex.
`
`2002). Ms. Ferrera further attests that she agrees to be subject to the United States
`
`Patent and Trademark Office’s Rules of Professional Conduct as set forth in 37
`
`C.F.R. §§ 11.101 et seq. and disciplinary jurisdiction under 37 C.F.R. § 11.19(a).
`
`See id. ¶ 9 (Ex. 2002).
`
`III. Conclusion
`For the foregoing reasons, Patent Owner respectfully requests that the Board
`
`admit Ms. Ferrera pro hac vice in this proceeding. The undersigned authorizes the
`
`Office to charge $250 to Deposit Account No. 08-0219 for the fees set forth in 37
`
`C.F.R. § 42.15(e) for this pro hac vice motion. Please charge any shortage of fees
`
`or credit any overpayments to the above Deposit Account.
`
`
`
`Dated: February 2, 2024
`
`
`Respectfully Submitted,
`
`/Emily R. Whelan/
`Emily R. Whelan, Reg. No. 50,391
`Counsel for Patent Owner
`
`
`
`- 3 -
`
`
`
`
`
`IPR2023-00050
`Patent Owner’s Motion for Admission Pro Hac Vice of Vinita Ferrera
`
`
`
`PATENT OWNER’S EXHIBIT LIST
`
`Description
`
`Exhibit
`No.
`2001 Declaration of David B. Bassett in Support of Motion for Admission
`Pro Hac Vice
`2002 Declaration of Vinita Ferrera in Support of Motion for Admission
`Pro Hac Vice
`
`
`
`
`
`
`- 4 -
`
`
`
`IPR2023-00050
`Patent Owner’s Motion for Admission Pro Hac Vice of Vinita Ferrera
`
`
`CERTIFICATE OF SERVICE
`
` hereby certify that on February 2, 2024, I caused a true and correct
`
` I
`
`copy of the foregoing materials:
`
`
`
`
`
`
`
`Patent Owner’s Motion for Admission Pro Hac Vice of Vinita Ferrera
`
`Exhibit 2002
`
`Patent Owner’s Exhibit List
`
`to be served via e-mail, as consented to by Petitioner, on the following
`
`attorneys of record:
`
`
`
`Philip.Segrest@huschblackwell.com
`Nathan.Sportel@huschblackwell.com
`Steve.Howe@huschblackwell.com
`
`
`
`By: /Cindy Kan/
`Cindy Kan (Reg. No. 76,385)
`Wilmer Cutler Pickering Hale and Dorr LLP
`7 World Trade Center
`250 Greenwich Street
`New York, NY 10007
`Tel: (212) 295-6470
`E-mail: cindy.kan@wilmerhale.com
`
`
`
`
`
`
`- 5 -
`
`
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
