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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`MYLAN PHARMACEUTICALS INC.,
`
`Petitioner,
`
`v.
`
`NOVO NORDISK A/S,
`
`Patent Owner.
`
`
`Case No. IPR2023-00724
`U.S. Patent No. 10,335,462
`
`
`DECLARATION OF BRYAN D. BEEL
`IN SUPPORT OF MOTION FOR PRO HAC VICE ADMISSION OF
`BRYAN D. BEEL
`
`
`
`
`
`
`
`MPI EXHIBIT 1093 PAGE 1
`
`MPI EXHIBIT 1093 PAGE 1
`
`

`

`
`
`I, Bryan D. Beel, declare as follows:
`
`1.
`
`I am senior counsel in the patent litigation group at Perkins Coie LLP.
`
`2.
`
`I am a member in good standing of the Bar of the State of Oregon. I
`
`am also admitted to practice before the United States Courts of Appeals for the
`
`Fourth Circuit and Federal Circuit. I am admitted to practice before the United
`
`States District Court for the District of Oregon, and the Supreme Court of
`
`Oregon.
`
`3. My State of Oregon Bar membership number is OR 073408.
`
`4.
`
`I have been practicing law for 16 years, including litigating patent
`
`cases, specifically relating to pharmaceutical patent cases for approximately 13
`
`years.
`
`5. More generally, I have represented the Petitioner and/or its various
`
`related entities in litigating significant pharmaceutical patent cases, such as the
`
`following patent cases:
`
`• AstraZeneca AB v. Mylan Laboratories Ltd., No. 12-cv-01378 (U.S.
`
`District Court for the District of New Jersey);
`
`• Horizon Pharma, Inc. v. Mylan Pharmaceuticals Inc., No. 13-cv-
`
`04022 (U.S. District Court of the District of New Jersey);
`
`2
`
`MPI EXHIBIT 1093 PAGE 2
`
`MPI EXHIBIT 1093 PAGE 2
`
`

`

`
`
`• Horizon Pharma, Inc. v. Mylan Pharmaceuticals Inc., No. 15-cv-
`
`03327 (U.S. District Court of the District of New Jersey);
`
`• BTG Int’l Ltd. v. Actavis Labs. FL, Inc., No. 15-cv-05909 (U.S.
`
`District Court of the District of New Jersey);
`
`• Novartis AG v. Mylan Pharmaceuticals Inc., No. 16-cv-00289 (U.S.
`
`District Court of the District of Delaware);
`
`• Horizon Pharma, Inc. v. Mylan Pharmaceuticals Inc., No. 16-cv-
`
`04921 (U.S. District Court for the District of New Jersey);
`
`• Novartis Pharmaceuticals Corp. v. Mylan Pharmaceuticals Inc., No.
`
`17-cv-00389 (U.S. District Court for the District of Delaware);
`
`• Novartis Pharmaceuticals Corp. v. Mylan Pharmaceuticals Inc., No.
`
`17-cv-54 (U.S. District Court for the Northern District of West Virginia);
`
`• Novartis Pharmaceuticals Corp. v. Accord Healthcare Inc., No. 18-
`
`cv-01043 (U.S. District Court for the District of Delaware);
`
`• Novo Nordisk Inc. v. Mylan Institutional LLC, No. 19-01551 (U.S.
`
`District Court for the District of Delaware);
`
`• Merck Sharp & Dohme B.V. v. Mylan API US LLC, No. 20-cv-61
`
`(U.S. District Court for the Northern District of West Virginia);
`
`3
`
`MPI EXHIBIT 1093 PAGE 3
`
`MPI EXHIBIT 1093 PAGE 3
`
`

`

`
`
`• Merck Sharp & Dohme B.V. v. Mylan API US LLC, No. 20-cv-3270
`
`(U.S. District Court for the District of Delaware);
`
`•
`
`In re: Sugammadex, No. 20-2576 (U.S. District Court for the District
`
`of Delaware);
`
`• Otsuka Pharmaceutical Co., Ltd. v. Mylan Laboratories Ltd., No. 22-
`
`464 (U.S. District Court for the District of Delaware);
`
`• Novo Nordisk Inc. v. Viatris Inc., No. 23-101 (U.S. District Court for
`
`the District of Delaware);
`
`• Novo Nordisk Inc. v. Mylan Pharmaceuticals Inc., No. 22-1040 (U.S.
`
`District Court for the District of Delaware); and
`
`•
`
`In re: Ozempic (Semaglutide) Patent Litigation, No. 22-MD-3038
`
`(U.S. District Court for the District of Delaware).
`
`6.
`
`I have never been disbarred, suspended, sanctioned, or cited for
`
`contempt by any court or administrative body. I am not currently suspended in
`
`any bar, or by any court or administrative body.
`
`7.
`
`I have never had a court or administrative body deny my application
`
`for admission to practice.
`
`8.
`
`I am familiar with the subject matter of this proceeding. In addition
`
`to U.S. Patent No. 10,335,462 (the “’462 patent”) and its prosecution history, I
`
`4
`
`MPI EXHIBIT 1093 PAGE 4
`
`MPI EXHIBIT 1093 PAGE 4
`
`

`

`
`
`am familiar with the technology at issue and Ozempic®, the pharmaceutical
`
`product for which the ’462 patent is listed in FDA’s publication Approved Drug
`
`Products with Therapeutic Equivalence Evaluations, commonly referred to as
`
`the “Orange Book.” I have been litigating issues surrounding Ozempic® and the
`
`’462 patent in In re: (Semaglutide) Patent Litigation, No. 22-MD-3038 (D.
`
`Del.), on behalf of Mylan Pharmaceuticals Inc.
`
`9.
`
`I connection with my work on the Ozempic litigation, I have become
`
`familiar with the prior art references that are the subject of this proceeding.
`
`10. Given my familiarity with the underlying facts and my litigation
`
`experience with the Federal Rules of Evidence, I have experience and expertise
`
`important to representing Mylan’s interests in this matter.
`
`11. I have read and will comply with the Office Patent Trial Practice
`
`Guide and the Board’s Rules of Practice for Trials, as set forth in Part 42 of 37
`
`C.F.R.
`
`12. I agree to be subject to the United States Patent and Trademark Office
`
`Rules of Professional Conduct set forth in 37 C.F.R. §§ 11.101 et seq. and
`
`disciplinary jurisdiction under 37 C.F.R. § 11.19(a).
`
`13. I have previously applied for, and been granted, admission pro hac
`
`vice before the United States Patent and Trademark Office in IPR2016-01332,
`
`IPR2017-01995, IPR2018-00272, and PGR2022-00023.
`
`5
`
`MPI EXHIBIT 1093 PAGE 5
`
`MPI EXHIBIT 1093 PAGE 5
`
`

`

`
`
`14. I hereby declare that all statements made herein of my own
`
`knowledge are true and that all statements made on information and belief are
`
`believed to be true; and further that these statements are made with the
`
`knowledge that willful false statements and the like are punishable by fine,
`
`imprisonment, or both, under Section 1001 of Title 18 of the United States Code.
`
`
`
`Dated: December 18, 2023
`
`
`
`Bryan D. Beel
`
`
`
`6
`
`MPI EXHIBIT 1093 PAGE 6
`
`MPI EXHIBIT 1093 PAGE 6
`
`

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