`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`HOPEWELL PHARMA VENTURES, INC.,
`Petitioner,
`
`v.
`
`MERCK SERONO SA,
`Patent Owner.
`____________________________________________
`Case IPR2023-00481
`U.S. Patent No. 8,377,903
`____________________________________________
`
`DECLARATION OF MARY PHENG
`IN SUPPORT OF MOTION FOR ADMISSION PRO HAC VICE
`
`Merck 2076
`Hopewell v Merck
`IPR2023-00481
`
`
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`Case No. IPR2023-00481
`Declaration of Mary Pheng in Support of
`Motion for Admission Pro Hac Vice
`
`
`I, Mary Pheng, declare as follows:
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`1.
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`I was admitted to the Minnesota Bar in 2016 and the New York Bar
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`in 2023. I have been practicing law for over seven years, with an emphasis on
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`patent litigation in a variety of jurisdictions. I have had significant involvement in
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`patent disputes in inter partes review proceedings, district court litigation, and
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`international trade commission investigations. As part of my patent litigation
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`experience, I have knowledge and experience with litigating invalidity/validity,
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`defending and deposing fact and expert witnesses, handling evidentiary issues, and
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`claim construction.
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`2.
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`I am a member in good standing of the Bars of Minnesota and New
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`York and am admitted to practice before the U.S. District Court for the District of
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`Minnesota.
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`3.
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`My Minnesota Bar membership number is 0398500. My New York
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`Bar membership number is 6039788.
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`4.
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`I have never been suspended or disbarred from practice before any
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`court or administrative body.
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`5.
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`I have never had a court or administrative body deny my application
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`for admission to practice.
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`6.
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`I have never had any sanctions or contempt citations imposed on me
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`Case No. IPR2023-00481
`Declaration of Mary Pheng in Support of
`Motion for Admission Pro Hac Vice
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`by any court or administrative body.
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`7.
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`I have read and will comply with the Patent Office Trial Practice
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`Guide and the Board’s Rules for Practice for Trials, as set forth in 37 C.F.R. Part
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`42.
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`8.
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`I agree to be subject to the United States Patent and Trademark
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`Office Rules of Professional Conduct 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).
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`9.
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`I have assisted and worked on proceedings before the Board dating
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`back to 2016 and have previously appeared pro hac vice in proceedings before the
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`United States Patent and Trademark Office. I have not appeared pro hac vice
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`before the United States Patent and Trademark Office in the last three years.
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`10.
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`I am intimately familiar with the subject matter at issue in this
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`proceeding. I have reviewed the papers and exhibits filed in this proceeding. I
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`also participated in drafting papers filed thus far in this proceeding and the related
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`inter partes review matter challenging U.S. Patent No. 7,713,947 (the “’947
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`patent”), which was filed as Hopewell Pharma Ventures, Inc., v. Merck Serono SA,
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`IPR2023-00480. Moreover, I am currently representing Merck KGaA, Merck
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`Serono SA, and Ares Trading SA (collectively, “Merck”) in the following
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`consolidated district court litigation, in which the ’903 patent is a patent-in-suit:
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`Case No. IPR2023-00481
`Declaration of Mary Pheng in Support of
`Motion for Admission Pro Hac Vice
`
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`Merck KGaA, Merck Serono SA, and Ares Trading SA v. Hopewell Pharma
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`Ventures, Inc., et al., No. 1:22-cv-01365-GBW (consolidated)1 (D. Del.).
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`11.
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`I will work in coordination and association with the designated lead
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`counsel, Emily R. Whelan, for the duration of my involvement in this proceeding.
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`12.
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`I hereby declare that all statements made herein of my own
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`knowledge are true and that all statements made on information and belief are
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`believed to be true; and further that these statements are made with the knowledge
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`that willful false statements and the like are punishable by fine, imprisonment, or
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`both under Section 1001 of Title 18 of the United States Code.
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`
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`1 The following cases have been consolidated as Merck Serono SA, and Ares
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`Trading SA v. Hopewell Pharma Ventures, Inc., et al., No. 1:22-cv-01365-GBW
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`(D. Del.): Merck KGaA, Merck Serono SA, and Ares Trading SA v. Hopewell
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`Pharma Ventures, Inc., No. 1:22-cv-01365-GBW (D. Del.); Merck KGaA, Merck
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`Serono SA, and Ares Trading SA v. Aurobindo Pharma USA, Inc. and Aurobindo
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`Pharma Limited, No. 1:23-cv-00039-GBW (D. Del.); and Merck KGaA, Merck
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`Serono SA, and Ares Trading SA v. Apotex Inc. and Apotex Corp., No. 1:23-cv-
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`00655-GBW (D. Del.).
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`Dated: February 8, 2024
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`Case No. IPR2023-00481
`Declaration of Mary Pheng in Support of
`Motion for Admission Pro Hac Vice
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`Respectfully Submitted,
`
`/Mary Pheng/
`Mary Pheng
`Wilmer Cutler Pickering
`Hale and Dorr LLP
`7 World Trade Center
`250 Greenwich Street
`New York, NY 10007
`(212) 230-8800
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