`
`BEFORE THE PATENT TRIAL AND APPEAL
`BOARD
`
`HOPEWELL PHARMA VENTURES, INC.,
`Petitioner,
`
`v.
`
`MERCK SERONO SA,
`Patent Owner.
`
`Case IPR2023-00480
`U.S. Patent 7,713,947
`
`PATENT OWNER’S MOTION FOR
`ADMISSION PRO HAC VICE OF
`DAVID B. BASSETT
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`I.
`
`IPR2023-00480
`Patent Owner’s Motion for Admission Pro Hac Vice David B. Bassett
`
`Statement of Precise Relief Requested
`Pursuant to 37 C.F.R. § 42.10(c) and Paper No. 7 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 David B. Bassett pro hac vice in this
`
`proceeding, IPR2023-00480. 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 Mr. Bassett
`
`pro hac vice in this proceeding.
`
`Lead counsel, Emily R. Whelan, is a registered practitioner. Backup
`
`- 1 -
`
`
`
`
`
`IPR2023-00480
`Patent Owner’s Motion for Admission Pro Hac Vice David B. Bassett
`
`
`counsel, Deric Geng and Cindy Kan, are also registered practitioners. David
`
`B. Bassett is an experienced litigator and has established familiarity with the
`
`subject matter at issue in the proceeding.
`
`Accompanying this motion as Exhibit 2002 is the November 3, 2023,
`
`Declaration of David B. Bassett in Support of this Motion for Admission Pro
`
`Hac Vice (“Bassett Decl.”). In his declaration, Mr. Bassett asserts:
`
`I am a member in good standing of the Bars of Indiana,
`
`Massachusetts, and New York and am admitted to
`
`practice before the U.S. District Court for the District
`
`of Massachusetts. I am also admitted to practice before
`
`the U.S. Court of Appeals for the Federal Circuit.
`
`Bassett Decl. ¶ 2 (Ex. 2002) (footnote omitted).
`
`Mr. Bassett demonstrates that he has a detailed working knowledge of
`
`the relevant subject matter through his 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. ¶ 10 (Ex. 2002). Mr. Bassett also
`
`has significant experience with litigation involving pharmaceuticals,
`
`biotechnology, and diagnostics, including small molecule therapeutics and
`
`treatment for neurological disorders. Id. ¶ 11 (Ex. 2002).
`
`
`- 2 -
`
`
`
`
`
`IPR2023-00480
`Patent Owner’s Motion for Admission Pro Hac Vice David B. Bassett
`
`
`
`In his declaration, Mr. Bassett 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 Bassett Decl. ¶¶ 1-12 (Ex. 2002). Mr.
`
`Bassett attests that he 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. ¶ 7 (Ex. 2002). Mr. Bassett further attests that he 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. ¶ 8 (Ex. 2002).
`
`III. Conclusion
`For the foregoing reasons, Patent Owner respectfully requests that the
`
`Board admit Mr. Bassett 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: November 6, 2023
`
`
`
`
`Respectfully Submitted,
`
`/Emily R. Whelan/
`Emily R. Whelan, Reg. No. 50,391
`Counsel for Patent Owner
`
`- 3 -
`
`
`
`IPR2023-00480
`Patent Owner’s Motion for Admission Pro Hac Vice of David B. Bassett
`
`
`
`PATENT OWNER’S UPDATED EXHIBIT LIST
`
`Description
`
`Exhibit
`No.
`
`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
`
`
`
`
`
`
`- 4 -
`
`
`
`IPR2023-00480
`Patent Owner’s Motion for Admission Pro Hac Vice of David B. Bassett
`
`
`CERTIFICATE OF SERVICE
`
` hereby certify that on November 6, 2023, I caused a true and correct
`
` I
`
`copy of the foregoing materials:
`
`
`
`
`
`
`
`Patent Owner’s Motion for Admission Pro Hac Vice of David B.
`
`Bassett
`
`Exhibit 2002
`
`Patent Owner’s Updated Exhibit List
`
`to be served via e-mail, as consented to by Petitioner, to:
`
`eellison-PTAB@sternekessler.com
`opartington-PTAB@sternekessler.com
`cvira-PTAB@sternekessler.com
`jcrozendaal-PTAB@sternekessler.com
`PTAB@sternekessler.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 -
`
`
`
`