`U.S. Patent 10,335,462
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`______________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________________
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`MYLAN PHARMACEUTICALS, INC.,
`Petitioner
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`v.
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`NOVO NORDISK A/S,
`Patent Owner
`______________________
`Case IPR2023-00724
`Patent 10,335,462
`______________________
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`DECLARATION OF PHILIP S. MAY IN SUPPORT OF
`PATENT OWNER’S UNOPPOSED MOTION FOR
`PRO HAC VICE ADMISSION
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`1
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`Novo Nordisk Exhibit 2534
`Mylan Pharms. Inc. v. Novo Nordisk A/S
`IPR2023-00724
`Page 00001
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`IPR2023-00724
`U.S. Patent 10,335,462
`Pursuant to 37 C.F.R. § 1.68, I, Philip S. May, declare as follows:
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`1.
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`I am a member in good standing of the bars of the District of Columbia,
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`the State of New Jersey, and the State of New York, and am admitted to practice
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`before the United States District Court for the District of Columbia, United States
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`District Court for the District of New Jersey, United States District Court for the
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`Southern District of New York, the United States District Court for the Eastern
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`District of New York, the United States Court of Appeals for the Third Circuit, the
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`United States Court of Appeals for the Fourth Circuit, the United States Court of
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`Appeals for the Ninth Circuit, the United States Court of Appeals for the Eleventh
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`Circuit, and the United States Court of Appeals for the Federal Circuit. I have
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`personal knowledge of the facts set forth in this Declaration. All statements herein
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`made of my own knowledge are true and all statements made on information and
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`belief are believed to be true.
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`2.
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`I have never been suspended or disbarred from practice before any court
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`or administrative body.
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`3.
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`I have never had any application for admission to practice before any
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`court or administrative body ever denied.
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`4.
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`I have never had any sanctions or contempt citations imposed against
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`me by any court or administrative body.
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`2
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`Novo Nordisk Exhibit 2534
`Mylan Pharms. Inc. v. Novo Nordisk A/S
`IPR2023-00724
`Page 00002
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`IPR2023-00724
`U.S. Patent 10,335,462
`I have read and will comply with the Patent Trial and Appeal Board
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`5.
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`Consolidated Trial Practice Guide and the Board’s Rules for Practice for Trials set
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`forth in Part 42 of Title 37 of the Code of Federal Regulations.
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`6.
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`I agree to be subject to the USPTO Rules of Professional Conduct set
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`forth in 37 C.F.R. §§ 11.101 et seq., and to disciplinary jurisdiction under 37 C.F.R.
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`§ 11.19(a).
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`7.
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`In the last three years, I have not applied to appear pro hac vice in any
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`proceedings before the United States Patent and Trademark Office.
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`8.
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`I have an established familiarity with U.S. Patent No. 10,335,462 (the
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`“’462 Patent”), the patented technology, and the specific subject matter in this
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`proceeding. Since June 2023, I have been heavily involved with this proceeding,
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`including in the analysis of the claim construction and invalidity issues raised by
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`Mylan. I have substantively participated in the analysis of the Petition, analysis of
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`the Institution Decision, and Preparation of Patent Owner’s Response, and am thus
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`familiar with the filings and various issues raised in this proceeding.
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`9.
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`I am an experienced litigation attorney and have been practicing law
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`for over 9 years. During this time, I have litigated numerous patent infringement
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`cases at all stages in many different District Courts across the country. I have been
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`part of multiple trials, Markman hearings, patent appeals at the United States Court
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`3
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`Novo Nordisk Exhibit 2534
`Mylan Pharms. Inc. v. Novo Nordisk A/S
`IPR2023-00724
`Page 00003
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`IPR2023-00724
`U.S. Patent 10,335,462
`of Appeals for the Federal Circuit, and other patent-related hearings and pleadings
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`concerning, inter alia, patent validity and infringement issues.
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`10.
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`I have been warned that willful false statements and the like are
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`punishable by fine or imprisonment, or both (18 U.S.C. §1001) and may jeopardize
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`the validity of the patent at issue in this proceeding.
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`I declare under penalty of perjury that the foregoing is true and correct.
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`Executed on March 6, 2024 at Washington, DC
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`/Philip S. May/
`Philip S. May
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`4
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`Novo Nordisk Exhibit 2534
`Mylan Pharms. Inc. v. Novo Nordisk A/S
`IPR2023-00724
`Page 00004
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