`571-272-7822
`
`
`Paper 52
`Date: April 9, 2024
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SAMSUNG BIOEPIS CO., LTD., CELLTRION, INC., and
`BIOCON BIOLOGICS INC.,
`Petitioner,
`
`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
`Conditionally Granting Petitioner’s Motion for Pro Hac Vice
`Admission of Laura Fairneny
`37 C.F.R. § 42.10(c)
`
`
`
`
`
`1 IPR2024-00260 and IPR2024-00298 were joined with IPR2023-00884.
`See Papers 31 and 33.
`
`
`
`
`
`IPR2023-00884
`Patent 11,253,572 B2
`
`
`On April 3, 2024, Petitioner Samsung Bioepis Co., LTD. filed a
`motion requesting pro hac vice admission of Laura Fairneny. Paper 49
`(“Motion”). Petitioner also submitted a Declaration from Ms. Fairneny
`(Ex. 1068) in support of the Motion (“Declaration”). Petitioner attests that
`Patent Owner does not oppose the Motion. Paper 49, 1. For the reasons
`provided below, Petitioner’s Motion is conditionally 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 Motion and the accompanying
`Declaration, we conclude that Ms. Fairneny has sufficient legal and
`technical qualifications to represent Petitioner in this proceeding, has
`demonstrated sufficient litigation experience and familiarity with the subject
`matter of this proceeding, and meets all other requirements for admission
`pro hac vice. See Ex. 1068. Accordingly, Petitioner has established good
`cause for pro hac vice admission of Ms. Fairneny. Ms. Fairneny will be
`permitted to serve as back-up counsel only. See 37 C.F.R. § 42.10(c).
`Upon review of the record before us, we note that a Power of Attorney
`in accordance with 37 C.F.R. § 42.10(b) has not been submitted for
`Ms. Fairneny. Therefore, Petitioner’s Motion is conditionally granted, and
`
`
`
`2
`
`
`
`IPR2023-00884
`Patent 11,253,572 B2
`
`is to be effective after Petitioner files the aforementioned Power of Attorney.
`Petitioner has filed a Mandatory Notice identifying Ms. Fairneny as back-up
`counsel in accordance with 37 C.F.R. § 42.8(b)(3). Paper 45, 4.
`
`In consideration of the foregoing, it is hereby
`ORDERED that Petitioner’s Motion (Paper 49) for pro hac vice
`admission of Laura Fairneny is conditionally granted, provided that within
`ten (10) business days of the date of this order, Petitioner submits a Power of
`Attorney for Laura Fairneny in accordance with 37 C.F.R. § 42.10(b);
`FURTHER ORDERED that Petitioner is to continue to have a
`registered practitioner represent it as lead counsel for this proceeding;
`FURTHER ORDERED that Ms. Fairneny is authorized to represent
`Petitioner as back-up counsel only in this proceeding;
`FURTHER ORDERED that Ms. Fairneny comply with the Patent
`Trial and Appeal Board Consolidated Trial Practice Guide2 (84 Fed. Reg.
`64,280 (Nov. 21, 2019)), and 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 Ms. Fairneny is 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 SAMSUNG BIOEPIS CO., LTD.:
`
`Raymond N. Nimrod
`Richard W. Erwine
`Landon Andrew Smith
`QUINN EMANUEL URQUHART & SULLIVAN, LLP
`raynimrod@quinnemanuel.com
`richarderwine@quinnemanuel.com
`landonsmith@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
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`
`
`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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`