`
` Paper 15
`Trials@uspto.gov
`571-272-7822 Entered: August 7, 2020
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`TEVA PHARMACEUTICALS USA, INC. AND WATSON
`LABORATORIES, INC.,
`Petitioner
`
`v.
`
`MERCK SHARP & DOHME CORP.,
`Patent Owner.
`____________
`
`IPR2020-01045
`Patent 7,326,708 B2
`____________
`
`
`
`Before SHERIDAN K. SNEDDEN, ROBERT A. POLLOCK, and
`TIMOTHY G. MAJORS, Administrative Patent Judges.
`
`MAJORS, Administrative Patent Judge.
`
`
`DECISION
`Granting Petitioner’s Motion
`for Pro Hac Vice Admission of Emily L. Rapalino
`37 C.F.R. § 42.10
`
`
`
`
`
`IPR2020-01045
`Patent 7,326,708 B2
`On July 27, 2020, Teva Phamaceuticals USA, Inc. and Watson
`Laboratories, Inc. (collectively “Petitioner”) filed a motion for pro hac vice
`admission of Emily L. Rapalino in the above-identified proceeding
`(“Motion” or “Mot.”). Paper 11.1 Petitioner states that “Patent Owner
`consents to this Motion.” Mot. 1. The Motion is granted.
`In accordance with 37 C.F.R. § 42.10(c), we may recognize counsel
`pro hac vice during a proceeding upon a showing of good cause. 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 Paper 6, 2 (citing
`Unified Patents, Inc. v. Parallel Iron, LLC, Case IPR2013-00639 (PTAB
`Oct. 15, 2013) (Paper 7) (representative “Order – Authorizing Motion for
`Pro Hac Vice Admission”)) (“Notice”).
`In its Motion, Petitioner states that there is good cause for the Board
`to recognize Emily L. Rapalino pro hac vice during this proceeding because
`she is an experienced litigating attorney and has an established familiarity
`with the precise subject matter at issue in this proceeding. Mot. 2–3.
`The Motion is supported by a Declaration (Ex. 1018) (“Decl.”) of
`Emily L. Rapalino, attesting to the Motion’s statement of material facts and
`complying with the requirements set forth in the Notice. See Decl. ¶¶ 1–11.
`Upon consideration, Petitioner has demonstrated that Ms. Rapalino
`has sufficient legal and technical qualifications and familiarity with the
`subject matter at issue, and that there is a need for Petitioner to have counsel
`
`1 We cite to Papers and Exhibits (“Ex.”) in IPR2020-01045.
`2
`
`
`
`
`
`IPR2020-01045
`Patent 7,326,708 B2
`with her experience. See id. ¶¶ 1–5; Mot. 2–3. Peititioner therefore has
`established good cause for admitting Ms. Rapalino pro hac vice in this
`proceeding.
`Accordingly, it is
`ORDERED that Petitioner’s Motion for pro hac vice admission of
`Emily L. Rapalino for this proceeding is granted; Ms. Rapalino is
`authorized to act as back-up counsel in this proceeding only;
`FURTHER ORDERED that Petitioner must file, within ten (10)
`business days, updated mandatory notices in this proceeding, identifying
`Ms. Rapalino as back-up counsel in accordance with 37 C.F.R. § 42.8(b)(3);
`FURTHER ORDERED that Petitioner must file, within ten (10)
`business days, a power of attorney in this proceeding for Ms. Rapalino 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. Rapalino is to comply with the
`Consolidated Trial Practice Guide, 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. Rapalino 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.
`
`
`
`
`
`3
`
`
`
`IPR2020-01045
`Patent 7,326,708 B2
`FOR PETITIONER:
`
`Keith A. Zullow
`Sarah J. Fischer
`GOODWIN PROCTER LLP
`kzullow@goodwinprocter.com
`sfischer@goodwinprocter.com
`
`FOR PATENT OWNER:
`
`Stanley E. Fisher
`Jessamyn S. Berniker
`Shaun P. Mahaffy
`Anthony H. Sheh
`WILLIAMS & CONNOLLY LLP
`sfisher@wc.com
`jberniker@wc.com
`smahaffy@wc.com
`asheh@wc.com
`
`
`
`
`
`
`4
`
`
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