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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`FRESENIUS KABI USA LLC
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`Petitioner,
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`v.
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`CUBIST PHARMACEUTICALS, INC.
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`Patent Owner.
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`Case: IPR2015-01571
`Patent No. 8,058,238
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`DECLARATION OF ROBERT V. CERWINSKI IN
`SUPPORT OF MOTION FOR PRO HAC VICE
`ADMISSION UNDER 37 C.F.R. § 42.10(c)
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`FRESENIUS-KABI, Exh. 1040
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`I, Robert V. Cerwinski, declare as follows:
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`1.
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`I obtained a B.S. in Biology from Rensselaer Polytechnic Institute in
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`1991, and an M.S. in Molecular Biology from University of Buffalo in 1994. I
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`obtained a J.D. from Boston University in 1997.
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`2.
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`I am currently a partner in the law firm of Goodwin Procter LLP, a
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`position which I have held since September, 2014. Prior to that, I was an associate,
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`and then a partner, at the law firm of Kenyon and Kenyon LLP. In my nearly 18
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`years of practice, I have focused primarily on representing clients in patent
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`litigations involving the chemical arts in United States district courts and the Court
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`of Appeals for the Federal Circuit. Through this work, I have gained extensive
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`experience as a litigating attorney, particularly in patent cases.
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`3.
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`I am a member in good standing of the Bar of the State of New York
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`and am admitted to practice before the United States District Court for the
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`Southern District of New York and the United States Court of Appeals for the
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`Federal Circuit.
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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 an application for admission to practice before any
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`court or administrative body denied.
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`6.
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`I have never been subject to any sanction or contempt citation
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`imposed by any court or administrative body.
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`7.
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`I have read and will comply with the Office Patent Trial Practice
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`Guide and the Board’s Rules of Practice for Trials set forth in part 42 of 37 C.F.R.
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`8.
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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 disciplinary jurisdiction under 37 C.F.R. §
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`11.19(a).
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`9.
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`Concurrently with this application, I am applying to appear pro hac
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`vice in IPR2015-01570, IPR2015-01572, and IPR2015-01566. I have not applied
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`to appear pro hac vice in any other proceeding before the Office in the last three
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`years.
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`10.
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`I have substantial familiarity with the subject matter at issue in this
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`proceeding. Patent Owner has asserted U.S. Patent No. 8,058,238 (“the ’238
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`patent”), the patent at issue in this proceeding, against Petitioner in Cubist
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`Pharms., Inc. v. Fresenius Kabi USA, LLC, 14-cv-00914 (D. Del.). I serve as
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`litigation counsel for Fresenius in that litigation, and, in the course of that
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`representation, developed a strong familiarity with the ’238 patent, its prosecution
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`history, the general subject matter to which the ’238 patent is directed, and the
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`prior art references relied upon by Petitioner in support of its invalidity grounds in
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`this proceeding. Furthermore, I have thoroughly reviewed the Petition and
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`accompanying Exhibits submitted in this proceeding.
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`11.
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`I declare under penalty of perjury that the foregoing is true and
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`correct. I further declare that all statements made herein of my own knowledge are
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`true and that all statements made on information and belief are believed to be true;
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`and further that these statements were made with the knowledge that willful false
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`statements and the like so made are punishable by fine or imprisonment, or both,
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`under section 1001 of title 18 of the United States Code, and that such willful false
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`statements may jeopardize the validity of the application or any patent issued
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`thereon.
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`Executed on: August 13, 2015
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`/Robert V. Cerwinski/
`Robert V. Cerwinski
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