`571-272-7822
`
`Paper No. 32
`Date: April 11, 2024
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`TWI PHARMACEUTICALS, INC.,
`Petitioner,
`v.
`MERCK SERONO SA,
`Patent Owner.
`
`IPR2023-00049 (Patent 7,713,947 B2)
` IPR2023-00050 (Patent 8,377,903 B2)1
`
`
`Before ULRIKE W. JENKS, ZHENYU YANG, and TINA E. HULSE,
`Administrative Patent Judges.
`JENKS, Administrative Patent Judge.
`
`
`
`ORDER
`Granting Patent Owner’s Motion for
`Admission Pro Hac Vice of Gillian T. Farrell
`37 C.F.R. § 42.10
`
`
`
`
`1 We exercise our discretion to issue one Order to be filed in each
`proceeding. The parties are not authorized to use this style heading for any
`subsequent papers.
`
`
`
`IPR2023-00049 (Patent 7,713,947 B2)
`IPR2023-00050 (Patent 8,377,903 B2)
`
`
`On March 29, 2024, Patent Owner filed a motion requesting
`admission pro hac vice of Gillian T. Farrell in each of the above-identified
`proceedings. Paper 30 (“Motion,” “Mot.”).2 The Motion in each case is
`supported by a Declaration of Ms. Farrell. Ex. 2073 (“Declaration”). Patent
`Owner asserts that Petitioner does not oppose each Motion. Mot. 1. For the
`reasons provided below, Patent Owner’s Motions are 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, subject to
`the condition that lead counsel be a registered practitioner. The
`representative Order authorizing motions for pro hac vice admission requires
`a statement of facts showing there is good cause for us to recognize counsel
`pro hac vice, and an affidavit or declaration of the individual seeking to
`appear. See Paper 5, 2 (citing 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 each Motion and its accompanying
`Declaration, we conclude that Ms. Farrell has sufficient legal and technical
`qualifications to represent Patent Owner in each of these proceedings, has
`demonstrated sufficient litigation experience and familiarity with the subject
`matter of these proceedings, and meets all other requirements for admission
`pro hac vice. See, e.g., Mot. 1–3; Decl. ¶¶ 1–3, 10. Accordingly, Patent
`Owner has established good cause for pro hac vice admission of Ms. Farrell.
`
`
`2 For purposes of expediency, we cite to Papers and Exhibits filed in
`IPR2023-00049, unless otherwise indicated. Patent Owner filed
`corresponding items in IPR2023-00050.
`
`2
`
`
`
`IPR2023-00049 (Patent 7,713,947 B2)
`IPR2023-00050 (Patent 8,377,903 B2)
`
`Ms. Farrell will be permitted to serve as back-up counsel only. See 37
`C.F.R. § 42.10(c).
`We note that Patent Owner filed Powers of Attorney including Ms.
`Farrell in accordance with 37 C.F.R. § 42.10(b). Paper 5. Patent Owner has
`also filed Mandatory Notices identifying Ms. Farrell as back-up counsel in
`accordance with 37 C.F.R. § 42.8(b)(3). Paper 31.
`In consideration of the foregoing, it is hereby
`ORDERED that Patent Owner’s Motion for pro hac vice Admission
`of Gillian T. Farrell in each of the captioned proceedings is granted;
`FURTHER ORDERED that Patent Owner is to continue to have a
`registered practitioner represent it as lead counsel for these proceedings;
`FURTHER ORDERED that Ms. Farrell is authorized to represent
`Patent Owner as back-up counsel only in these proceedings;
`FURTHER ORDERED that Ms. Farrell comply with the Patent Trial
`and Appeal Board Consolidated Trial Practice Guide3 (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. Farrell 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 Available at https://www.uspto.gov/TrialPracticeGuideConsolidated.
`
`3
`
`
`
`IPR2023-00049 (Patent 7,713,947 B2)
`IPR2023-00050 (Patent 8,377,903 B2)
`
`PETITIONER:
`Philip Segrest
`Nathan Sportel
`Stephen Howe
`HUSCH BLACKWELL, LLP
`philip.segrest@huschblackwell.com
`nathan.sportel@huschblackwell.com
`steve.howe@huschblackwell.com
`
`
`PATENT OWNER:
`
`Emily Whelan
`Deric Geng
`Cindy Kan
`Asher McGuffin
`WILMER CUTLER PICKERING HALE AND DORR LLP
`emily.whelan@wilmerhale.com
`deric.geng@wilmerhale.com
`cindy.kan@wilmerhale.com
`asher.mcguffin@wilmerhale.com
`
`4
`
`
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