`
`
`Trials@uspto.gov
`571-272-7822 Date: November 9, 2023
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`HOPEWELL PHARMA VENTURES, INC.,
`Petitioner,
`v.
`MERCK SERONO SA,
`Patent Owner.
`____________
`
`IPR2023-00480 (Patent 9,426,794 B2)
`IPR2023-00481 (Patent 8,377,903 B2)1
`____________
`
`
`
`Before ROBERT A. POLLOCK and TIMOTHY G. MAJORS,
`Administrative Patent Judges.
`
`MAJORS, Administrative Patent Judge.
`
`
`DECISION
`Granting Patent Owner’s Motions for Admission Pro Hac Vice of
`David B. Bassett and Vinita Ferrera
`37 C.F.R. § 42.10
`
`
`
`
`
`
`1 This Order addresses issues that are the same in all above-captioned
`proceedings. We exercise our discretion to issue one Order to be filed in
`each proceeding. The parties are not authorized to use this style heading in
`subsequent papers.
`
`
`
`IPR2023-00480 (Patent 9,426,794 B2)
`IPR2023-00481 (Patent 8,377,903 B2)
`
`
`On November 6, 2023, Patent Owner filed motions for admission pro
`hac vice of David B. Bassett and Vinita Ferrera in this proceeding.
`Papers 14, 13. 2 The Motions rely on Declarations from Mr. Bassett and
`Ms. Ferrera. Ex. 2002, 2003. Powers of Attorney and Updated Mandatory
`Notices listing each were filed. Papers 4, 15. Patent Owner indicates
`Petitioner does not oppose the motions. Paper 14, 1; Paper 13, 1.
`Pursuant to 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. In its notice
`authorizing motions for pro hac vice admission, the Board requires a
`statement of facts showing there is good cause for the Board to recognize
`counsel pro hac vice and an affidavit or declaration of the individual seeking
`to appear in this proceeding. See Paper 7, 2 (citing Unified Patents, Inc. v.
`Parallel Iron, LLC, IPR2013-00639, Paper 7 (PTAB 2013) (representative
`“Order – Authorizing Motion for Pro Hac Vice Admission”)).
`Based on the facts set forth in the Motions and the accompanying
`Declarations, we conclude that Mr. Bassett and Ms. Ferrera each has
`sufficient legal and technical qualifications to represent Patent Owner in
`these proceedings, that they have demonstrated sufficient familiarity with
`the subject matter of these proceedings, that they meet all other requirements
`for admission pro hac vice, and that Patent Owner’s intent to be represented
`by counsel with litigation experience is warranted. Accordingly, Patent
`Owner has established good cause for pro hac vice admission of Mr. Bassett
`
`
`2 We refer to documents filed in IPR2023-00480. Similar documents were
`filed in IPR2023-00481.
`
`2
`
`
`
`IPR2023-00480 (Patent 9,426,794 B2)
`IPR2023-00481 (Patent 8,377,903 B2)
`
`and Ms. Ferrera, who will be permitted to serve only as back-up counsel.
`See 37 C.F.R. § 42.10(c).
`
`
`ORDER
`
`It is:
`ORDERED that Patent Owner’s motion for pro hac vice admission of
`David B. Bassett is granted, and Mr. Bassett is authorized to represent
`Patent Owner only as back-up counsel in these proceedings;
`ORDERED that Patent Owner’s motion for pro hac vice admission of
`Vinita Ferrera is granted, and Ms. Ferrera is authorized to represent Patent
`Owner only as back-up counsel in these proceedings;
`FURTHER ORDERED that Patent Owner is to continue to have a
`registered practitioner as lead counsel in each proceeding;
`FURTHER ORDERED that Mr. Bassett and Ms. Ferrera are to
`comply with the Patent Trial and Appeal Board’s Consolidated Trial
`Practice Guide (November 2019), available at https://www.uspto.gov
`/TrialPracticeGuideConsolidated, and the Board’s Rules of Practice for
`Trials, as set forth in Part 42 of Title 37, Code of Federal Regulations;
`FURTHER ORDERED that Mr. Bassett and Ms. Ferrera are subject
`to the USPTO’s disciplinary jurisdiction under 37 C.F.R. § 11.19(a), and the
`USPTO’s Rules of Professional Conduct set forth at 37 C.F.R. §§ 11.101–
`11.901.
`
`
`3
`
`
`
`IPR2023-00480 (Patent 9,426,794 B2)
`IPR2023-00481 (Patent 8,377,903 B2)
`
`FOR PETITIONER:
`
`Eldora L. Ellison
`Olga A. Partington
`Chandrika Vira
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`eellison-ptab@sternekessler.com
`opartington-ptab@sternekessler.com
`cvira-ptab@sternekessler.com
`
`
`FOR PATENT OWNER:
`
`Emily R. Whelan
`Deric Geng
`Cindy Kan
`David B. Bassett
`Vinita Ferrera
`WILMER CUTLER PICKERING HALE AND DORR LLP
`emily.whelan@wilmerhale.com
`deric.geng@wilmerhale.com
`cindy.kan@wilmerhale.com
`david.bassett@wilmerhale.com
`vinita.ferrera@wilmerhale.com
`
`
`4
`
`
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