`
`
`
`
`
`
`Entered: November 23, 2015
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________________
`
`PRAXAIR DISTRIBUTION, INC.
`Petitioner
`
`v.
`
`INO THERAPEUTICS LLC,
`Patent Owner
`_______________________
`
`Case IPR2015-00888
`U.S. Patent No. 8,776,794 B2
`_______________________
`
`Before KEN B. BARRETT, MICHAEL J. FITZPATRICK, AND
`SCOTT A. DANIELS, Administrative Patent Judges.
`
`
`
`DECLARATION OF MARC N. ZUBICK IN SUPPORT OF
`PATENT OWNER INO THERAPEUTICS LLC’S MOTION FOR
`PRO HAC VICE ADMISSION UNDER 37 C.F.R. § 42.10(c)
`
`
`
`
`Ex. 2015-0001
`
`
`
`Case IPR2015-00888
`U.S. Patent No. 8,776,794
`
`I, Marc N. Zubick, resident of Chicago, Illinois, declare as follows:
`
`1.
`
`I am an attorney of the firm of Latham & Watkins LLP, counsel of
`
`record for Patent Owner INO Therapeutics LLC. I have personal knowledge of the
`
`facts set forth in this declaration and, if called as a witness, could and would testify
`
`competently under oath.
`
`2.
`
`I am a member in good standing of the Illinois State Bar (Bar No.
`
`6308239), Massachusetts Bar (Bar No. 671013), and the State Bar of New York
`
`(Bar No. 4596516). I am also admitted to practice before the U.S. District Courts
`
`for the Northern District of Illinois (General Bar), Southern District of New York,
`
`and the U.S. Court of Appeals for the Federal Circuit.
`
`3.
`
`I have never been suspended or disbarred from practice before any
`
`court or administrative body. No application of mine for admission to practice
`
`before any court or administrative body has ever been denied. No court or
`
`administrative body has imposed sanctions or contempt citations against me.
`
`4.
`
`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 the C.F.R.
`
`I acknowledge and agree that I will be subject to the USPTO Rules of Professional
`
`Conduct set forth in 37 C.F.R. §§ 11.101 et seq. and disciplinary jurisdiction under
`
`37 C.F.R. § 11.19(a).
`
`5.
`
`I received a Bachelor of Arts degree in Environmental Engineering
`
`1
`
`Ex. 2015-0002
`
`
`
`Case IPR2015-00888
`U.S. Patent No. 8,776,794
`
`and Bachelor of Science degree in Chemical Engineering from Rice University in
`
`2001. I received a law degree from the New York University School of Law in
`
`2007. I joined Latham & Watkins LLP as an associate in 2011 and I was elected to
`
`the firm’s partnership in October 2015. Prior to joining Latham, I was an associate
`
`at Kaye Scholer LLP.
`
`6.
`
`I have over eight years of patent litigation experience. I am a member
`
`of Latham & Watkins’ intellectual property group and my practice involves patent
`
`litigation, with an emphasis in pharmaceutical patent litigation.
`
`7.
`
`I have been actively involved in analyzing and assisting with Patent
`
`Owner’s Response to the Petition for Inter Partes Review submitted in this
`
`proceeding, as well as the responses to the petitions submitted in related
`
`proceedings that are currently pending before the Patent Trial and Appeal Board:
`
`• Case No. IPR2015-00529: Petition for Inter Partes Review of U.S.
`
`Patent No. 8,846,112;
`
`• Case No. IPR2015-00884: Petition for Inter Partes Review of U.S.
`
`Patent No. 8,291,904;
`
`• Case No. IPR2015-00889: Petition for Inter Partes Review of U.S.
`
`Patent No. 8,573,209;
`
`• Case No. IPR2015-00891: Petition for Inter Partes Review of U.S.
`
`Patent No. 8,573,210; and
`
`2
`
`Ex. 2015-0003
`
`
`
`Case IPR2015-00888
`U.S. Patent No. 8,776,794
`
`• Case No. IPR2015-00893: Petition for Inter Partes Review of U.S.
`
`Patent No. 8,776,795.
`
`8.
`
`I have applied for and been granted pro hac vice admission in Case
`
`No. IPR2015-00529. I am concurrently applying to appear pro hac vice in the
`
`following proceedings: Case Nos. IPR2015-00884, IPR2015-00889, IPR2015-
`
`00891, and IPR2015-00893.
`
`Executed on November .13, 2015 in Chicago, Illinois.
`
`3
`
`Ex. 2015-0004