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`BEFORE THE PATENT TRIAL AND APPEAL
`BOARD
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`HOPEWELL PHARMA VENTURES, INC.,
`Petitioner,
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`v.
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`MERCK SERONO SA,
`Patent Owner.
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`Case IPR2023-00480
`U.S. Patent 7,713,947
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`PATENT OWNER’S MOTION FOR
`ADMISSION PRO HAC VICE OF
`VINITA FERRERA
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`I.
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`IPR2023-00480
`Patent Owner’s Motion for Admission Pro Hac Vice Vinita Ferrera
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`Statement of Precise Relief Requested
`Pursuant to 37 C.F.R. § 42.10(c) and Paper No. 7 authorizing the
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`parties to file motions for pro hac vice admissions under 37 C.F.R. §
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`42.10(c), Patent Owner Merck Serono SA requests that the Patent Trial and
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`Appeal Board (the “Board”) admit Vinita Ferrera pro hac vice in this
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`proceeding, IPR2023-00480. The parties have met and conferred, and
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`Petitioner does not oppose this motion.
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`II.
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`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
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`counsel pro hac vice during a proceeding upon a showing of good cause,
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`subject to the condition that lead counsel be a registered practitioner and to
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`any other conditions as the Board may impose. Section 42.10(c) indicates
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`that “where lead counsel is a registered practitioner, a motion to appear pro
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`hac vice by counsel who is not a registered practitioner may be granted upon
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`a showing that counsel is an experienced litigating attorney and has an
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`established familiarity with the subject matter at issue in the proceeding.”
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`The facts here establish good cause for the Board to recognize Ms. Ferrera
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`pro hac vice in this proceeding.
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`Lead counsel, Emily R. Whelan, is a registered practitioner. Backup
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`IPR2023-00480
`Patent Owner’s Motion for Admission Pro Hac Vice Vinita Ferrera
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`counsel, Deric Geng and Cindy Kan, are also registered practitioners. Vinita
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`Ferrera is an experienced litigator and has established familiarity with the
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`subject matter at issue in the proceeding.
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`Accompanying this motion as Exhibit 2003 is the October 31, 2023,
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`Declaration of Vinita Ferrera in Support of this Motion for Admission Pro
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`Hac Vice (“Ferrera Decl.”). In her declaration, Ms. Ferrera asserts:
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`I am a member in good standing of the Bars of
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`Massachusetts and New York and am admitted to
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`practice before the U.S. District Court for the
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`District of Massachusetts and the U.S. District
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`Court for the District of Colorado. I am also
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`admitted to practice before the U.S. Court of
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`Appeals for the Federal Circuit, the First Circuit,
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`and the Second Circuit.
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`Ferrera Decl. ¶ 3 (Ex. 2003).
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`Ms. Ferrera demonstrates that she has a detailed working knowledge of
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`the relevant subject matter through her participation in the inter partes
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`review matters challenging U.S. Patent No. 7,713,947 and U.S. Patent No.
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`8,377,903 and in parallel district court proceedings. Id. ¶ 11 (Ex. 2003). Ms.
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`IPR2023-00480
`Patent Owner’s Motion for Admission Pro Hac Vice Vinita Ferrera
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`Ferrera also has significant experience with litigation involving
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`pharmaceuticals, methods of treatment, and small molecule therapeutics. Id.
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`¶ 12 (Ex. 2003).
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`In her declaration, Ms. Ferrera also attests to each of the listed items
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`required by the “Order – Authorizing Motion for Pro Hac Vice Admission”
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`in Case IPR2013-00639, Paper 7. See Ferrera Decl. ¶¶ 1-13 (Ex. 2003).
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`Ms. Ferrera attests that he has read and will comply with the Office Patent
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`Trial Practice Guide and the Board’s Rules of Practice for Trials set forth in
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`37 C.F.R. § 42. See id. ¶ 8 (Ex. 2003). Ms. Ferrera further attests that he
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`agrees to be subject to the United States Patent and Trademark Office’s Rules
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`of Professional Conduct as set forth in 37 C.F.R. §§ 11.101 et seq. and
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`disciplinary jurisdiction under 37 C.F.R. § 11.19(a). See id. ¶ 9 (Ex. 2003).
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`III. Conclusion
`For the foregoing reasons, Patent Owner respectfully requests that the
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`Board admit Ms. Ferrera pro hac vice in this proceeding. The undersigned
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`authorizes the Office to charge $250 to Deposit Account No. 08-0219 for the
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`fees set forth in 37 C.F.R. § 42.15(e) for this pro hac vice motion. Please
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`charge any shortage of fees or credit any overpayments to the above Deposit
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`Account.
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`IPR2023-00480
`Patent Owner’s Motion for Admission Pro Hac Vice Vinita Ferrera
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`Dated: November 6, 2023
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`Respectfully Submitted,
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`/Emily R. Whelan/
`Emily R. Whelan, Reg. No. 50,391
`Counsel for Patent Owner
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`IPR2023-00480
`Patent Owner’s Motion for Admission Pro Hac Vice of Vinita Ferrera
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`PATENT OWNER’S UPDATED EXHIBIT LIST
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`Description
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`Exhibit
`No.
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`2001 MAVENCLAD® Package Insert (September 2022)
`2002 Declaration of David B. Bassett in Support of Motion for Admission
`Pro Hac Vice
`2003 Declaration of Vinita Ferrera in Support of Motion for Admission
`Pro Hac Vice
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`IPR2023-00480
`Patent Owner’s Motion for Admission Pro Hac Vice of Vinita Ferrera
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`CERTIFICATE OF SERVICE
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` hereby certify that on November 6, 2023, I caused a true and correct
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`copy of the foregoing materials:
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`Patent Owner’s Motion for Admission Pro Hac Vice of Vinita Ferrera
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`Exhibit 2003
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`Patent Owner’s Updated Exhibit List
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`to be served via e-mail, as consented to by Petitioner, to:
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`eellison-PTAB@sternekessler.com
`opartington-PTAB@sternekessler.com
`cvira-PTAB@sternekessler.com
`jcrozendaal-PTAB@sternekessler.com
`PTAB@sternekessler.com
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`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
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