`
`
`
`Filed on behalf of: INO Therapeutics, LLC
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________________
`
`PRAXAIR DISTRIBUTION, INC.
`Petitioner
`
`v.
`
`INO THERAPEUTICS LLC,
`Patent Owner
`_______________________
`
`Case IPR2015-00893
`U.S. Patent No. 8,776,795 B2
`_______________________
`
`Before KEN B. BARRETT, MICHAEL J. FITZPATRICK, AND
`SCOTT A. DANIELS, Administrative Patent Judges.
`
`
`
`DECLARATION OF KENNETH G. SCHULER IN SUPPORT OF
`PATENT OWNER INO THERAPEUTICS LLC’S MOTION FOR
`PRO HAC VICE ADMISSION UNDER 37 C.F.R. § 42.10(c)
`
`
`
`
`
`
`
`Ex. 2009-0001
`
`
`
`Case IPR2015-00893
`U.S. Patent No. 8,776,795
`
`I, Kenneth G. Schuler, resident of Glenview, Illinois, declare as follows:
`
`1.
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`I am a partner of the firm of Latham & Watkins LLP, counsel of
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`record for Patent Owner INO Therapeutics LLC. I have personal knowledge of the
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`facts set forth in this declaration and, if called as a witness, could and would testify
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`competently under oath.
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`2.
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`I am a member in good standing of the Illinois State Bar (Bar No.
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`6226036). I am also admitted to practice before the U.S. District Courts for the
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`Eastern District of Michigan, Eastern District of Wisconsin, Northern District of
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`Illinois (General and Trial Bars), Southern District of Illinois, and the U.S. Courts
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`of Appeals for the Sixth, Seventh, and Federal Circuits.
`
`3.
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`I have never been suspended or disbarred from practice before any
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`court or administrative body. No application of mine for admission to practice
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`before any court or administrative body has ever been denied. No court or
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`administrative body has imposed sanctions or contempt citations against me.
`
`4.
`
`I have read and will comply with the Office Patent Trial Practice
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`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
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`Conduct set forth in 37 C.F.R. §§ 11.101 et seq. and disciplinary jurisdiction under
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`37 C.F.R. § 11.19(a).
`
`5.
`
`I received a Bachelor of Arts degree from the University of Northern
`
`1
`
`Ex. 2009-0002
`
`
`
`Case IPR2015-00893
`U.S. Patent No. 8,776,795
`
`Iowa in 1990 and a law degree from the University of Michigan Law School in
`
`1993. I clerked for the Honorable James B. Loken of the U.S. Court of Appeals
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`for the Eighth Circuit from 1993 to 1994 and joined Latham & Watkins LLP as an
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`associate thereafter. I was named a partner of the firm in 2002.
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`6.
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`I have over twenty years of litigation experience in federal and state
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`courts, as well as in commercial arbitrations. I have extensive trial experience,
`
`having been admitted to the Trial Bar of the Northern District of Illinois in 2002. I
`
`am global co-chair of Latham & Watkins’ intellectual property group and my
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`practice involves intellectual property rights, with a particular emphasis in
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`pharmaceutical patent litigation. Intellectual Asset Management magazine recently
`
`named me to the 2014 IAM Patent 1000.
`
`7.
`
`I have been actively involved in analyzing and assisting with Patent
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`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. IPR2015-00888: Petition for Inter Partes Review of U.S.
`
`2
`
`Ex. 2009-0003
`
`
`
`Case IPR2015-00893
`U.S. Patent No. 8,776,795
`
`Patent No. 8,776,794;
`
`• Case No. IPR2015-00889: Petition for Inter Partes Review of U.S.
`
`Patent No. 8,573,209; and
`
`• Case No. IPR2015-00891: Petition for Inter Partes Review of U.S.
`
`Patent No. 8,573,210.
`
`8.
`
`I have applied for and been granted pro hac vice admission in Case
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`No. IPR2015-00529. I am concurrently applying to appear pro hac vice in the
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`following proceedings: Case Nos. IPR2015-00884, IPR2015-00888, IPR2015-
`
`00889, and IPR2015-00891.
`
`Executed on November~ 2015 in Chicago, Illinois.
`
`-~~ Kenneth G. Schuler
`
`3
`
`Ex. 2009-0004
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