`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________________________
`
`MYLAN PHARMACEUTICALS INC.
`
`Petitioner
`
`v.
`
`BIOGEN MA, INC.,
`
`Patent Owner
`____________________________
`
`Case No. IPR2018-01403
`U.S. Patent No. 8,399,514
`____________________________
`
`DECLARATION OF SHANNON M. BLOODWORTH
`IN SUPPORT OF MOTION FOR PRO HAC VICE ADMISSION OF
`SHANNON M. BLOODWORTH
`
`
`MYLAN PHARMS. INC. EXHIBIT 1062 PAGE 1
`
`
`
`I, Shannon M. Bloodworth, declare as follows:
`1.
`I am a partner in the patent litigation group at Perkins Coie LLP.
`
`2.
`
`I am a member in good standing of the Bar of the States of Maryland
`
`and Wisconsin, the Commonwealth of Virginia and the District of Columbia. I am
`
`also admitted to practice before the United States Courts of Appeals for the Fourth
`
`Circuit, D.C. Circuit, and the Federal Circuit. I am admitted to practice before the
`
`United States District Courts for D.C. and Maryland, and the Supreme Courts of
`
`Virginia and Wisconsin.
`
`3. My Bar membership numbers are VA 46671, DC 474925 and WI
`
`1088470.
`
`4.
`
`I have been practicing law for more than 18 years, during which time I
`
`have focused on litigating patent cases, specifically pharmaceutical patent cases.
`
`5. More generally, I have represented the Petitioner and/or its various
`
`related entities in litigating significant pharmaceutical patent cases, such as the
`
`following infringement cases:
`
`•
`
`•
`
`BTG Int’l Ltd. v. Amneal Pharms. LLC, Civil Action No. 2:15-cv-
`
`05909 (U.S. District Court for the District of New Jersey);
`
`BTG Int’l Ltd. v. Amneal Pharms. LLC, Civil Action No. 19-1147
`
`(lead) (U.S. Court of Appeals for the Federal Circuit);
`
`MYLAN PHARMS. INC. EXHIBIT 1062 PAGE 2
`
`
`
`•
`
`Teva Pharmaceuticals USA Inc. v. Mylan Pharmaceuticals Inc., Civil
`
`Action No. 1:14-cv-01278 (U.S. District Court for the District of
`
`•
`
`•
`
`•
`
`•
`
`•
`
`•
`
`•
`
`Delaware);
`
`Teva Pharmaceuticals USA Inc. v. Sandoz Inc., Civil Action No.
`
`17-1575 (U.S. Court of Appeals for the Federal Circuit);
`
`Yeda Research and Development Co. v. Mylan Pharmaceuticals Inc.,
`
`Civil Action Nos. 17-1594, 17-1595, 17-1596 (U.S. Court of Appeals
`
`for the Federal Circuit);
`
`The Medicines Co. v. Mylan Inc., Civil Action No. 1:11-cv-01285
`
`(U.S. District Court for the Northern District of Illinois);
`
`The Medicines Co. v. Mylan Inc., Civil Action Nos. 15-1113,
`
`15-1151, 15-1181 (U.S. Court of Appeals for the Federal Circuit);
`
`AstraZeneca AB v. Mylan Laboratories Ltd., Civil Action No.
`
`3:12-cv-01378 (U.S. District Court for the District of New Jersey);
`
`AstraZeneca AB v. Mylan Laboratories Ltd., Civil Action No.
`
`15-1889 (U.S. Court of Appeals for the Federal Circuit);
`
`Teva Pharmaceuticals USA Inc. v. Mylan Pharmaceuticals Inc., Civil
`
`Action No. 1:09-cv-08824 (U.S. District Court for the Southern
`
`District of New York);
`
`MYLAN PHARMS. INC. EXHIBIT 1062 PAGE 3
`
`
`
`•
`
`Teva Pharmaceuticals USA Inc. v. Sandoz Inc., Civil Action Nos.
`
`12-1567, 12-1568, 12-1569, 12-1570 (U.S. Court of Appeals for the
`
`Federal Circuit);
`
`•
`
`•
`
`Teva Pharmaceuticals USA Inc. v. Sandoz Inc., Civil Action No.
`
`13-854 (Supreme Court of the United States);
`
`Novo Nordisk Inc. v. Mylan Pharmaceutical Inc., Civil Action No.
`
`3:09-cv-02445 (United States District Court for the District of New
`
`Jersey);
`
`•
`
`Teva Pharmaceuticals USA Inc. v. Mylan Pharmaceuticals Inc., Civil
`
`Action No. 10-cv-7246 (U.S. District Court for the Southern District
`
`of New York);
`
`•
`
`•
`
`•
`
`•
`
`Teva Neuroscience,
`
`Inc. v. Mylan
`
`Inc., Civil Action No.
`
`2:10-cv-05078 (U.S. District Court for the District of New Jersey);
`
`Teva Neuroscience, Inc. v. Mylan Inc., Civil Action No. 14-1166
`
`(U.S. Court of Appeals for the Federal Circuit);
`
`Apotex, Inc. v. Daiichi Sankyo, Inc., Civil Action No. 1:15-cv-03695
`
`(U.S. District Court for the Northern District of Illinois);
`
`Apotex, Inc. v. Daiichi Sankyo, Inc., Civil Action Nos. 16-2073,
`
`16-2075, 16-2076, 16-2078 (U.S. Court of Appeals for the Federal
`
`Circuit);
`
`MYLAN PHARMS. INC. EXHIBIT 1062 PAGE 4
`
`
`
`•
`
`AstraZeneca Pharmaceuticals LP v. Agila Specialties Inc.., Civil
`
`Action No. 1:15-cv-06039 (U.S. District Court for the District of New
`
`Jersey);
`
`•
`
`•
`
`•
`
`•
`
`•
`
`AstraZeneca AB v. Mylan Pharmaceuticals Inc., No. 3:13-cv-04022
`
`(U.S. District Court for the District of New Jersey);
`
`Horizon Pharma, Inc. v. Mylan Pharmaceuticals Inc., Civil Action
`
`No. 15-cv-03327 (U.S. District Court for the District of New Jersey);
`
`Horizon Pharma, Inc. v. Mylan Pharmaceuticals Inc., Civil Action
`
`No. 16-cv-04921 (U.S. District Court for the District of New Jersey);
`
`(U.S. Court of Appeals for the Federal Circuit);
`
`Novartis Pharms. Corp. v. Mylan Pharmaceuticals Inc., Civil Action
`
`No. 1:17-cv-00054-IMK (U.S. District Court for the Northern District
`
`of West Virginia);
`
`•
`
`Novartis Pharms. Corp. v. Mylan Pharmaceuticals Inc., Civil Action
`
`No. 1:17-cv-00389-RGA (U.S. District Court for the District of
`
`Delaware);
`
`•
`
`Bristol-Myers Squibb Co. v. Mylan Pharmaceuticals Inc., Civil Action
`
`No. 1:17-cv-00374-LPS (consolidated) (U.S. District Court for the
`
`District of Delaware);
`
`MYLAN PHARMS. INC. EXHIBIT 1062 PAGE 5
`
`
`
`•
`
`Biogen Int’l GmbH v. Mylan Pharmaceuticals Inc., Civil Action No.
`
`1:17-cv-00116-IMK (U.S. District Court for the Northern District of
`
`West Virginia);
`
`•
`
`•
`
`•
`
`Novartis Pharms. Corp. v. Accord Healthcare Inc., Civil Action No.
`
`1:18-cv-01043-LPS (U.S. District Court for the District of Delaware);
`
`Pozen Inc. v. Dr. Reddy’s Labs. Inc., Civil Action No. 17-2473 (lead)
`
`(U.S. Court of Appeals for the Federal Circuit);
`
`AstraZeneca AB v. Mylan Pharmaceuticals Inc., Civil Action No.
`
`1:18-cv-01562-CFC (U.S. District Court for the District of Delaware);
`
`and
`
`•
`
`Horizon Pharma, Inc. v. Dr. Reddy’s Labs. Inc., Civil Action No. 19-
`
`1607 (lead) (U.S. Court of Appeals for the Federal Circuit).
`
`6.
`
`I have never been disbarred, 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 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. 8,399,514 (“the ’514 patent”) and its prosecution history, I am
`
`familiar with the technology at issue and Tecfidera®, the pharmaceutical product
`
`MYLAN PHARMS. INC. EXHIBIT 1062 PAGE 6
`
`
`
`for which the ’514 patent is listed by Biogen in FDA’s publication, Approved Drug
`
`Products with Therapeutic Equivalence Evaluations, commonly referred to as the
`
`“Orange Book.” I have been litigating issues surrounding Tecfidera® and the ’514
`
`patent for over one year in Biogen International, Inc. v. Mylan Pharmaceuticals
`
`Inc., Civil Action No. 17-cv-00116-IMK (N.D.W. Va.), on behalf of Mylan
`
`Pharmaceuticals Inc.
`
`9.
`
`In connection with my work on the Tecfidera 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 Petitioner’s interests in this matter.
`
`11.
`
`I have read and will comply with 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
`
`Code of Professional Responsibility 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 IPR2015-643,
`
`IPR2015-644, IPR2015-830, and IPR2016-01332.
`
`MYLAN PHARMS. INC. EXHIBIT 1062 PAGE 7
`
`
`
`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: July 11, 2019
`
`
`
`
`
`Shannon M. Bloodworth
`
`MYLAN PHARMS. INC. EXHIBIT 1062 PAGE 8
`
`
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