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`
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`
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`MYLAN PHARMACEUTICALS INC., MYLAN LABORATORIES LIMITED,
`ALEMBIC PHARMACEUTICALS LIMITED, TORRENT
`PHARMACEUTICALS LIMITED, AND AMERIGEN PHARMACEUTICALS
`LIMITED
`
`Petitioner,
`
`v.
`
`UCB PHARMA GMBH
`
`Patent Owner.
`
`Patent No. 6,858,650
`Case IPR2016-00510
`
`
`
`
`PETITIONER MYLAN PHARMACEUTICALS INC. AND MYLAN
`LABORATORIES LIMITED’S RESPONSE TO PAPER NO. 41
`REGARDING LEAD COUNSEL AND ARGUMENT
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`
`
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`
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`
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`Petitioner Mylan Pharmaceuticals Inc. and Mylan Laboratories Limited
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`(jointly “Mylan”)1 submits the following in Response to the Board’s Inquiry
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`regarding lead counsel and oral argument. Paper 41. On Friday, March 31, 2017,
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`Back-Up Counsel Clay Holloway submitted copies of the demonstratives in the
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`five IPRs set for hearing on April 5, 2017. Mr. Holloway also informed the Board
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`that Lead Counsel, Mitchell Stockwell, would be unable to attend the hearing.
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`Given the deadline for initiating a conference regarding whether Lead Counsel
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`would be able to attend the hearing was set for today, April 3, 2017, Mr. Holloway
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`intended Friday’s notice to comply with that requirement. A request for a phone
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`conference should have been made, and Petitioner apologizes for that oversight.
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`If the Board desires a phone conference in advance of the April 5 hearing,
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`counsel for Petitioner is available at any time and will make all necessary
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`arrangements for that conference call.
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`In response to the Board’s questions, Petitioner submits the following:
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`a) Until March 24, 2017, Mr. Stockwell, Lead Counsel, planned to
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`accompany Mr. Holloway, who would present argument on behalf of Petitioner, to
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`the April 5 hearing. On March 24, 2017, Mr. Stockwell learned that his daughter
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`1 Petitioner Alembic Pharmaceuticals Limited from IPR2016-01596, Torrent
`Pharmaceuticals Limited from IPR2016-01636, and Amerigen Pharmaceuticals
`Limited from IPR2016-01665 have been joined as Petitioner to this proceedings.
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`1
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`
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`had been selected and invited to participate in a competitive gymnastics event that
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`would require him to again travel on the eve of his April 1 return from depositions
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`in Ireland. Her invitation and participation in the competition scheduled for the
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`week of April 3, while a possibility, was an unforeseen addition to Mr. Stockwell’s
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`calendar.
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`b) As the Board’s Trial Hearing Order permits any counsel of record to
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`make the hearing argument (Paper 38, 4), and the plan was for Mr. Holloway to
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`argue and Mr. Stockwell to attend the hearing, Petitioner did not foresee the need
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`to switch Lead Counsel designation from Mr. Stockwell to Mr. Holloway. If this
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`change is preferred by the Board, Petitioner does not object to the replacement of
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`Mr. Stockwell with Mr. Holloway. As noted in Paper No. 41, Mr. Holloway has
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`been involved in this case since the preparation and filing of the petitions, through
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`the replies, and associated filings, and has worked alongside Mr. Stockwell in the
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`related district court litigation.
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`Again, Petitioner respectfully apologizes for any inconvenience in the
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`manner in which Petitioner brought this matter to the Board’s attention.
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`2
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`
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`Date: April 3, 2017
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`
`
`
`
`
`Back-Up Counsel
`D. Clay Holloway
`Reg. No. 58,011
`cholloway@kilpatricktownsend.com
`Kilpatrick Townsend & Stockton LLP
`1100 Peachtree Street, NE
`Suite 2800
`Atlanta, Georgia 30309
`(404) 815 6500
`
`Alyson L. Wooten
`Reg. No. 58,045
`awooten@kilpatricktownsend.com
`Kilpatrick Townsend & Stockton LLP
`1100 Peachtree Street, NE
`Suite 2800
`Atlanta, Georgia 30309
`(404) 815 6500
`
`3
`
`By: /s/ Mitchell G. Stockwell
`Mitchell G. Stockwell
`Registration No. 39,389
`Lead Counsel for Petitioner
`
`
`Lead Counsel
`Mitchell G. Stockwell
`Reg. No. 39,389
`mstockwell@kilpatricktownsend.com
`Kilpatrick Townsend & Stockton
`LLP
`1100 Peachtree Street, NE
`Suite 2800
`Atlanta, Georgia 30309
`(404) 815 6500
`
`
`
`
`
`
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a copy of PETITIONER MYLAN
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`PHARMACEUTICALS INC. AND MYLAN LABORATORIES LIMITED’S
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`RESPONSE TO PAPER NO. 41 REGARDING LEAD COUNSEL AND
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`ARGUMENT was served on April 3, 2017, by filing this document through the
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`Patent Trial and Appeal Board End to End system, as well as delivering a copy via
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`electronic mail upon the following attorneys of record:
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`Jeffrey Ginsberg
`Kenyon & Kenyon LLP
`One Broadway
`New York, New York 10004-1007
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`with a courtesy copy to counsel for Pfizer Inc. and UCB Pharma GMBH, Plaintiffs
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`in the underlying litigation as follows:
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`Jack Blumenfeld
`Morris, Nichols, Arsht & Tunnell LLP
`1201 North Market Street
`Wilmington DE 19899
`Dimitrios T. Drivas
`Jeffrey J. Oelke
`James S. Trainor, Jr.
`Ryan P. Johnson
`Robert Counihan
`WHITE &CASE LLP
`1155 Avenue of the Americas
`New York, NY 10036
`
`By: /s/ Mitchell G. Stockwell
`Registration No. 39,389
`Counsel for Petitioner
`
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`
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`Dated: April 3, 2017
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`
`
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