`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`ACTAVIS LLC.
`
`Petitioner,
`
`V.
`
`ABRAXIS BIOSCTENCE, LLC,
`Patent Owner.
`
`Case IPR2017-01103
`
`Patent No. 7,923,536 B2
`
`DECLARATION OF CHARLES B. KLEIN IN SUPPORT OF
`
`MOTION FOR PRO HAC VICE ADMISSION
`
`Mail Stop PA TENT BOARD
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`
`PO. Box 1450
`
`Alexandria, Virginia 223 13—1450
`
`WW,
`
`Actavis - IPR2017-01103, Ex. 1028, p. 1 of 4
`
`Actavis - IPR2017-01103, Ex. 1028, p. 1 of 4
`
`
`
`lPR2017—01103
`
`Patent No. 7,923,536 B2
`
`Pursuant to 37 C.F.R. § 1.68, I, Charles B. Klein, attest to the following:
`
`1.
`
`I am a member in good standing of the District of Columbia and
`
`Virginia Bars, as well as the bars of the following Federal and State Courts:
`
`a. United States Supreme Court
`
`b. United States Court of Appeals for the Federal Circuit
`
`0. United States Court of Appeals for the Third Circuit
`
`d. United States Court of Appeals for the Fourth Circuit
`
`e. United States Court of Appeals for the Seventh Circuit
`
`f. United States Court of Appeals for the Ninth Circuit
`
`g. United States Court of Appeals for the District of Columbia Circuit
`
`h. United States Court of Federal Claims
`
`i. United States Court for the District of Arizona
`
`j. United States Court for the District of Columbia
`
`k. United States Court for the District of Maryland
`
`1. United States Court for the Eastern District of Michigan
`
`rn. United States Court for the Eastern District of Virginia
`
`n. United States Court for the Western District of Virginia
`
`0. United States Court for the Northern District of California
`
`p. United States Court for the Southern District of New York
`
`q. United States Court for the Middle District of Georgia
`
`
`
`Actavis - IPR2017-01103, Ex. 1028, p. 2 of 4
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`2
`
`Actavis - IPR2017-01103, Ex. 1028, p. 2 of 4
`
`
`
`IPR2017—01103
`
`Patent No. 7,923,536 B2
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`r. United States Court for the District of Massachusetts
`
`5. United States Court for the District of New Jersey
`
`t. United States Court for the Middle District of North Carolina
`
`u. United States Bankruptcy Court for the Eastern District of Virginia
`
`Alexandria Division
`
`v. Supreme Court for the Commonwealth of Virginia
`
`w. Superior Court of the District of Columbia
`
`2.
`
`I have not been suSpended or disbarred from practice before any court
`
`or administrative body.
`
`3.
`
`I have never had an application for admission to practice before any
`
`court or administrative body denied.
`
`4.
`
`I have never had sanctions or contempt citations imposed by any court
`
`or administrative body imposed against me.
`
`5.
`
`I have read and will comply with the Office Patent Trial Practice
`
`Guide and the Board’s Rules of Practice for Trials set forth in part 42 of 37 C.F.R.
`
`6.
`
`I will be subject to the USPTO Code of Professional Responsibility
`
`set forth in 37 C.F.R. §§ 11.101 81‘5qu and to disciplinary jurisdiction under 37
`C.F.R. § 11.19(a).
`I
`
`7.
`
`In the last three years, I was admitted pro hac vice in IPR2014w01126,
`
`Paper 17 (Sept. 29, 2014); IPR2015-00864, Paper 51 (Nov. 5, 2015); 1PR2015—
`
`W
`
`Actavis - IPR2017-01103, Ex. 1028, p. 3 of 4
`
`3
`
`Actavis - IPR2017-01103, Ex. 1028, p. 3 of 4
`
`
`
`1PR2017~01103
`
`Patent No. 7,923,536 B2
`
`00865, Paper 51 (Nov. 5, 2015); IPR2017~01115, Paper 12 (July 18, 2017). Ihave
`
`not applied to appear pro hac vice in the last three years in any other matter before
`
`the Board.
`
`8.
`
`i am an experienced litigation attorney and have been involved in
`
`numerous patent infringement cases in federal courts across the country. I have 20
`
`years of litigation experience. I have experience in various aspects ofpatent
`
`infringement matters including jury trials and bench trials, Markman hearings, and
`
`summary judgment hearings.
`
`I have argued in multiple patent cases in federal
`
`courts.
`
`I serve as trial counsel for Petitioner in patent litigation against Patent
`
`Owner concerning the patent challenged by the Petition. See Abraxis Bioscz‘ence,
`
`LLC et a]. v. Actavis LLC, No. 2:16-cv-01925-JMV-MF (D.N.J.). As a result of
`
`my involvement as trial counsel for Petitioner in the co-pending district court
`
`litigation over the involved patent, I have obtained substantial familiarity with the
`
`involved patent, the prior art, and the various issues raised in this proceeding. 1
`
`have reviewed the Petition, and the cited materials, and am familiar with the
`
`subject matter involved in this proceeding.
`
`I declare under penalty of perjury that the foregoing is true and correct.
`
`Date: Novemberi, 2017
`
`/
`
`174? g M
`
`Charles B. Klein
`
`W
`
`Actavis - IPR2017-01103, Ex. 1028, p. 4 of 4
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`4
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`Actavis - IPR2017-01103, Ex. 1028, p. 4 of 4
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`
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