throbber
Trials@uspto.gov
`571-272-7822
`
`Paper: 47
`Date: March 27, 2024
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SAMSUNG BIOEPIS CO., LTD., CELLTRION INC, and
`BIOCON BIOLOGICS INC.,
`Petitioners,
`
`v.
`
`REGENERON PHARMACEUTICALS, INC.,
`Patent Owner.
`____________
`
`IPR2023-008841
`Patent 11,253,572 B2
`____________
`
`Before SUSAN L. C. MITCHELL, ROBERT A. POLLOCK, and
`RYAN H. FLAX, Administrative Patent Judges.
`
`FLAX, Administrative Patent Judge.
`
`
`ORDER
`Granting Patent Owner’s Motions for Pro Hac Vice Admission of
`Matthew M. Wilk and Jeremy Cobb
`37 C.F.R. § 42.10
`
`
`
`
`1 IPR2024-00260 and IPR2024-00298 were joined with IPR2023-00884.
`See Papers 31 and 33.
`
`

`

`IPR2023-00884
`Patent 11,253,572 B2
`
`
`On March 15, 2024, Patent Owner filed motions requesting pro hac
`vice admission of Matthew M. Wilk and Jeremy Cobb. Papers 39 and 40
`(collectively “Motions”). Patent Owner also submitted Declarations from
`Mr. Wilk (Ex. 2241) and Mr. Cobb (Ex. 2242) in support of the Motions
`(collectively “Declarations”). Patent Owner attests that Petitioners do not
`oppose the Motions. Paper 39, 1; Paper 40, 1. For the reasons provided
`below, Patent Owner’s Motions are granted.
`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. In
`authorizing a motion for pro hac vice admission, the Board requires the
`moving party to provide 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 the proceeding. See Unified Patents,
`Inc. v. Parallel Iron, LLC, IPR2013-00639 (PTAB Oct. 15, 2013) (Paper 7)
`(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. Wilk and Mr. Cobb each have sufficient
`legal and technical qualifications to represent Patent Owner in this
`proceeding, that Mr. Wilk and Mr. Cobb have each demonstrated sufficient
`litigation experience and familiarity with the subject matter of this
`proceeding, and that Mr. Wilk and Mr. Cobb meet all other requirements for
`admission pro hac vice. See Exs. 2241 and 2242. Accordingly, Patent
`Owner has established good cause for pro hac vice admission of Mr. Wilk
`and Mr. Cobb. Mr. Wilk and Mr. Cobb will be permitted to serve as
`back-up counsel only. See 37 C.F.R. § 42.10(c).
`
`2
`
`

`

`IPR2023-00884
`Patent 11,253,572 B2
`
`
`We note that Patent Owner filed a Power of Attorney including
`Mr. Wilk and Mr. Cobb in accordance with 37 C.F.R. § 42.10(b). Paper 41.
`Patent Owner has also filed Mandatory Notices identifying Mr. Wilk and
`Mr. Cobb as back-up counsel in accordance with 37 C.F.R. § 42.8(b)(3).
`Paper 42, 4.
`In consideration of the foregoing, it is hereby
`ORDERED that Patent Owner’s Motions for pro hac vice admission
`of Matthew M. Wilk and Jeremy Cobb are granted;
`FURTHER ORDERED that Patent Owner is to continue to have a
`registered practitioner represent it as lead counsel for this proceeding;
`FURTHER ORDERED that Mr. Wilk and Mr. Cobb are authorized to
`represent Patent Owner as back-up counsel only in this proceeding;
`FURTHER ORDERED that Mr. Wilk and Mr. Cobb be familiar with
`the Patent Trial and Appeal Board Consolidated Trial Practice Guide2 (84
`Fed. Reg. 64,280 (Nov. 21, 2019)), and comply with the Board’s Rules of
`Practice for Trials, as set forth in Part 42 of Title 37, Code of Federal
`Regulations; and
`FURTHER ORDERED that Mr. Wilk and Mr. Cobb are subject to the
`Office’s disciplinary jurisdiction under 37 C.F.R. § 11.19(a), and the
`USPTO Rules of Professional Conduct set forth in 37 C.F.R. §§ 11.101 et
`seq.
`
`
`
`
`
`2 Available at https://www.uspto.gov/TrialPracticeGuideConsolidated.
`
`3
`
`

`

`IPR2023-00884
`Patent 11,253,572 B2
`
`FOR PETITIONER: R SAMSUNG BIOEPIS CO., LTD.:
`
`Raymond N. Nimrod
`Matthew A. Traupman
`Landon Andrew Smith
`QUINN EMANUEL URQUHART & SULLIVAN LLP
`raynimrod@quinnemanuel.com
`matthewtraupman@quinnemanuel.com
`landonsmith@quinnemanuel.com
`qe-samsungbioepis@quinnemanuel.com.
`
`For PETITOINER CELLTRION, INC.:
`
`Lora Green
`Yahn Lin Chu
`GEMINI LAW LLP
`lgreen@geminilaw.com
`fchu@geminilaw.com
`
`For PETITIONER BIOCON BIOLOGICS INC.:
`
`Paul Molino
`Jeffrey Marx
`Neil McLaughlin
`Steven Birkos
`Deanne Mazzochi
`Thomas Ehrich
`RAKOCZY MOLINO MAZZOCHI SIWIK LLP
`paul@rmmslegal.com
`jmarx@rmmslegal.com
`nmclaughlin@rmmslegal.com
`sbirkos@rmmslegal.com
`dmazzochi@rmmslegal.com
`tehrich@rmmslegal.com
`
`
`
`
`
`
`4
`
`

`

`IPR2023-00884
`Patent 11,253,572 B2
`
`FOR PATENT OWNER:
`
`Adam R. Brausa
`Rebecca Weires
`Kira Davis
`Daralyn Durie
`MORRISON & FOERSTER LLP
`ABrausa@mofo.com
`RWeires@mofo.com
`kiradavis@mofo.com
`ddurie@mofo.com
`
`5
`
`

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