`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`HOPEWELL PHARMA VENTURES, INC.,
`Petitioner,
`
`v.
`
`MERCK SERONO SA,
`Patent Owner.
`____________________________________________
`Case IPR2023-00480
`U.S. Patent No. 7,713,947
`____________________________________________
`
`DECLARATION OF DAVID MLAVER
`IN SUPPORT OF MOTION FOR ADMISSION PRO HAC VICE
`
`Merck 2075
`Hopewell v Merck
`IPR2023-00480
`
`
`
`Case No. IPR2023-00480
`Declaration of David Mlaver in Support of
`Motion for Admission Pro Hac Vice
`
`I, David Mlaver, declare as follows:
`
`1.
`
`I was admitted to the Maryland Bar in 2014, the District of Columbia
`
`Bar in 2016, and the Massachusetts Bar in 2022. I have been practicing law for
`
`over nine years, with an emphasis on patent litigation in the life sciences. I have
`
`served as a counsel of record in patent litigation in federal district court.
`
`2.
`
`I am a member in good standing of the Bars of the District of
`
`Columbia, Maryland, and Massachusetts.
`
`3.
`
`My District of Columbia Bar membership number is 1030609. My
`
`Maryland Bar membership number is 1412170231. My Massachusetts Bar
`
`membership number is 710643.
`
`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 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.
`
`- 1 -
`
`
`
`Case No. IPR2023-00480
`Declaration of David Mlaver in Support of
`Motion for Admission Pro Hac Vice
`
`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.
`
`In the past three years, I have not appeared pro hac vice before the
`
`United States Patent and Trademark Office.
`
`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. I
`
`also participated in drafting papers filed thus far in this proceeding and the related
`
`inter partes review matter challenging U.S. Patent No. 8,377,903 (the “’903
`
`patent”), which was filed as Hopewell Pharma Ventures, Inc., v. Merck Serono SA,
`
`IPR2023-00481. Moreover, I am currently representing Merck KGaA, Merck
`
`Serono 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.).
`
`
`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.
`
`- 2 -
`
`
`
`Case No. IPR2023-00480
`Declaration of David Mlaver in Support of
`Motion for Admission Pro Hac Vice
`
`11.
`
`I am also familiar with pharmaceuticals, methods of treatment, and
`
`
`
`small molecule therapeutics. I have represented a number of life sciences,
`
`pharmaceutical, biotechnology, and diagnostics companies, including Gilead
`
`Sciences, Inc.; Novartis Pharmaceuticals Corp.; Qiagen NV; Merck KGaA; Bausch
`
`Health US, LLC; United Therapeutics Corp.; Bristol-Myers Squibb Co.; and others
`
`in many patent litigation matters, including before federal district courts.
`
`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
`
`both under Section 1001 of Title 18 of the United States Code.
`
`
`
`
`
`
`
`
`
`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 -
`
`
`
`Dated: February 7, 2024
`
`
`
`
`
`
`
`
`Case No. IPR2023-00480
`Declaration of David Mlaver in Support of
`Motion for Admission Pro Hac Vice
`
`Respectfully Submitted,
`
`/David Mlaver/
`
`David Mlaver
`Wilmer Cutler Pickering
`Hale and Dorr LLP
`60 State Street
`Boston, MA 02109
`(617) 526-6000
`
`- 4 -
`
`
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