`571-272-7822
`
`Paper 33
`Date: February 15, 2024
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`HOPEWELL PHARMA VENTURES, INC.
`Petitioner,
`
`v.
`
`MERCK SERONO S.A.,
`Patent Owner.
`____________
`
`IPR2023-00480 (Patent 7,713,947 B2)
` IPR2023-00481 (Patent 8,377,903 B2)1
`____________
`
`
`
`Before ZHENYU YANG, ROBERT A. POLLOCK, and
`TIMOTHY G. MAJORS, Administrative Patent Judges.
`
`MAJORS, Administrative Patent Judge.
`
`
`DECISION
`Granting Patent Owner’s Unopposed Motions for
`Pro Hac Vice Admission of David Mlaver and Mary Pheng
`37 C.F.R. § 42.10(c)
`
`
`
`
`1 This Order addresses issues that are the same in both cases. Therefore, we
`exercise our discretion to issue one Order to be filed in each case. The
`parties are not authorized to use this style heading for any subsequent
`papers.
`
`
`
`IPR2023-00480 (Patent 7,713,947 B2)
`IPR2023-00481 (Patent 8,377,903 B2)
`
`
`On February 9, 2024, Patent Owner filed Motions for admission pro
`hac vice of David Mlaver (Paper 29) and Mary Pheng (Paper 31)
`(collectively, “the Motions”) in each of the above-identified proceedings.2
`Patent Owner also filed supporting Declarations of Mr. Mlaver (Ex. 2075)
`and Ms. Pheng (Ex. 2076). Patent Owner indicates that the Motions are
`unopposed. Paper 29, 1; Paper 31, 1. For the reasons provided below,
`Patent Owner’s Motions are granted.
`In accordance with 37 C.F.R. § 42.10(c), the Board may recognize
`counsel pro hac vice upon a showing of good cause, subject to the condition
`that lead counsel be a registered practitioner. A motion for pro hac vice
`admission requires a statement of facts showing there is good cause to
`recognize counsel pro hac vice, and an affidavit or declaration of the
`individual seeking to appear. See Unified Patents, Inc. v. Parallel Iron,
`LLC, IPR2013-00639, Paper 7 (PTAB Oct. 15, 2013) (Order Authorizing
`Motion for Pro Hac Vice Admission).
`Based on the facts set forth in the Motions and the accompanying
`Declarations, we conclude that Mr. Mlaver and Ms. Pheng have sufficient
`legal and technical qualifications to represent Patent Owner in these
`proceedings, that Mr. Mlaver and Ms. Pheng have demonstrated sufficient
`litigation experience and familiarity with the subject matter of these
`proceedings, and that Mr. Mlaver and Ms. Pheng meet all other requirements
`for admission pro hac vice. See Ex. 2075 ¶¶ 1–11; Ex. 2076 ¶¶ 1–10.
`Accordingly, Patent Owner has established good cause for pro hac vice
`admission of Mr. Mlaver and Ms. Pheng.
`
`
`2 For expediency, we refer to Paper and Exhibit numbers filed in IPR2023-
`00480. Similar Papers and Exhibits were filed in IPR2023-00481.
`
`2
`
`
`
`IPR2023-00480 (Patent 7,713,947 B2)
`IPR2023-00481 (Patent 8,377,903 B2)
`
`
`Upon review of the record before us, we note that Patent Owner’s
`Power of Attorney lists “[a]ll attorneys at Wilmer Cutler Pickering Hale and
`Dorr LLP for whom a motion to appear pro hac vice is filed.” Paper 4, 1.
`Patent Owner’s updated mandatory notices indicate that Mr. Mlaver and
`Ms. Pheng are both attorneys at Wilmer Cutler Pickering Hale and Dorr
`LLP. Paper 30, 2.
`
`
`ORDER
`
`Accordingly, it is:
`ORDERED that Patent Owner’s motions for admission pro hac vice
`of David Mlaver and Mary Pheng in these proceedings are granted;
`Mr. Mlaver and Ms. Pheng are authorized to represent Patent Owner only as
`back-up counsel;
`FURTHER ORDERED that Patent Owner is to continue to have a
`registered practitioner as lead counsel in these proceedings;
`FURTHER ORDERED that Mr. Mlaver and Ms. Pheng shall comply
`with the Patent Trial and Appeal Board’s Consolidated Trial Practice Guide
`(84 Fed. Reg. 64,280 (Nov. 21, 2019))3 and the Board’s Rules of Practice for
`Trials, as set forth in Part 42 of Title 37, Code of Federal Regulations;
`FURTHER ORDERED that Mr. Mlaver and Ms. Pheng shall be
`subject to the USPTO’s disciplinary jurisdiction under 37 C.F.R. § 11.19(a),
`and the USPTO’s Rules of Professional Conduct set forth at 37 C.F.R.
`§§ 11.101–11.901.
`
`
`
`3 Available at https://www.uspto.gov/TrialPracticeGuideConsolidated.
`
`
`3
`
`
`
`IPR2023-00480 (Patent 7,713,947 B2)
`IPR2023-00481 (Patent 8,377,903 B2)
`
`FOR PETITIONER:
`
`Eldora Ellison
`Olga Partington
`Chandrika Vira
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`eellison-ptab@sternekessler.com
`opartington-ptab@sternekessler.com
`cvira-ptab@sternekessler.com
`
`FOR 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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