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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`______________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`______________
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`RIGEL PHARMACEUTICALS, INC.
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`Petitioner,
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`v.
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`SERVIER PHARMACEUTICALS LLC
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`Patent Owner.
`______________
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`Case No. IPR2022-01423
`Patent: 10,610,125
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`______________
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`PATENT OWNER’S MOTION FOR PRO HAC VICE ADMISSION OF
`EVAN D. DIAMOND
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`
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`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`
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`IPR2022-01423
`Patent 10,610,125
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`Exhibit No.
`2001
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`2002
`2003
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`2004
`2005
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`2006
`
`EXHIBIT LIST
`Description
`Declaration of Vanessa Y. Yen in Support of Motion for
`Pro Hac Vice
`Vanessa Y. Yen Biography
`Declaration of Evan D. Diamond in Support of Motion
`for Pro Hac Vice
`Evan D. Diamond Biography
`Declaration of Hassen A. Sayeed, M.D. in Support of
`Motion for Pro Hac Vice
`Hassen A. Sayeed, M.D. Biography
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`-ii-
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`Pursuant to 37 C.F.R. § 42.10(c), Patent Owner, Servier Pharmaceuticals LLC
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`IPR2022-01423
`Patent 10,610,125
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`
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`(“Patent Owner”) respectfully requests the pro hac vice admission of attorney Evan
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`D. Diamond for purposes of the above-captioned inter partes review proceeding.
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`Patent Owner has conferred with counsel for Rigel Pharmaceuticals, Inc.
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`(“Petitioner”), and Petitioner does not oppose this motion.
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`I.
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`STATEMENT OF FACTS SHOWING GOOD CAUSE FOR THE BOARD TO
`RECOGNIZE EVAN D. DIAMOND PRO HAC VICE IN THIS PROCEEDING
`The Board may recognize counsel pro hac vice during an inter partes review
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`proceeding upon a showing of good cause, “subject to the condition that lead counsel
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`be a registered practitioner and to any other conditions as the Board may impose.”
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`37 C.F.R. § 42.10(c). “For example, where the lead counsel is a registered
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`practitioner, a motion to appear pro hac vice by counsel who is not a registered
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`practitioner may be granted upon showing that counsel is an experienced litigating
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`attorney and has an established familiarity with the subject matter at issue in the
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`proceeding.” Id.
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`As set forth below and in the accompanying Declaration of Evan D. Diamond
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`in Support of Motion to Appear Pro Hac Vice (“Diamond Decl.,” Exhibit 2003), the
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`facts here establish good cause for the Board to recognize Evan Diamond pro hac
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`vice in this proceeding.
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`1. Mr. Diamond is a member in good standing of the State Bar of New
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`IPR2022-01423
`Patent 10,610,125
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`
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`York (Bar No. 4595419). See Exhibit 2003, ¶ 2.
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`2. Mr. Diamond has never been suspended or disbarred from practice
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`before any court or administrative body. See Exhibit 2003, ¶ 3.
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`3.
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`None of Mr. Diamond’s applications for admission to practice before
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`any court or administrative body have ever been denied. See Exhibit 2003, ¶ 4.
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`4. Mr. Diamond has not been sanctioned nor has he had a contempt
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`citation imposed on her by any court or administrative body. See Exhibit 2003, ¶ 5.
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`5. Mr. Diamond has declared that he has read and will comply with the
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`Office Patent Trial Practice Guide and the Board’s Rules of Practice for Trial set
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`forth in part 42 of 37 C.F.R. See Exhibit 2003, ¶ 6.
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`6. Mr. Diamond has acknowledged and agrees that he will be subject to
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`the USPTO Rules of Professional Conduct set forth in 37 C.F.R. § 11.101 et. seq.
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`and disciplinary jurisdiction under 37 C.F.R. § 11.19(a). See Exhibit 2003, ¶ 7.
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`7. Mr. Diamond is a Partner in the Life Sciences Intellectual Property
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`practice of King & Spalding LLP, and is an experienced patent litigation attorney in
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`the fields of pharmaceuticals and biotechnology, in both federal district court patent
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`infringement suits across the country and in inter partes review proceedings before
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`the Patent Trial and Appeal Board. See Exhibit 2003, ¶ 8. Mr. Diamond has a
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`technical background pertinent to the issues in this proceeding, including a B.A. in
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`-2-
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`Biochemistry and an M.S. in Chemistry from the University of Pennsylvania. See
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`IPR2022-01423
`Patent 10,610,125
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`Exhibit 2003, ¶ 9.
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`8. Mr. Diamond has studied and analyzed the field of technology relevant
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`to the ’125 patent, as well as the claims, specification and prosecution history of the
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`’125 patent. Accordingly, Mr. Diamond has become very familiar with both the
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`particular subject matter and substantive issues concerning the ’125 patent. He is
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`also familiar with the alleged prior art references asserted by Petitioner in this inter
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`partes review proceeding. See Exhibit 2003, ¶ 10.
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`In view of Mr. Diamond’s knowledge of the subject matter at issue in this
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`proceeding, Patent Owner has a substantial need for Mr. Diamond’s pro hac vice
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`admission and his involvement in this proceeding.
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`II. CONCLUSION
`For the foregoing reasons, Patent Owner respectfully requests that the Board
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`admit Evan D. Diamond pro hac vice in this proceeding.
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`-3-
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`IPR2022-01423
`Patent 10,610,125
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`Respectfully submitted,
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`KING & SPALDING LLP
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`/Joseph D. Eng, Jr./
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`Joseph D. Eng, Jr. (Reg. No. 54,084)
`Attorneys for Patent Owner
`Servier Pharmaceuticals LLC
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`Date: September 7, 2022
`1185 Avenue of the Americas
`New York, NY 10036
`(212) 556-2100
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`-4-
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`
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`IPR2022-01423
`Patent 10,610,125
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`CERTIFICATION OF SERVICE
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`The undersigned hereby certifies that the foregoing PATENT OWNER’S
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`MOTION FOR PRO HAC VICE ADMISSION OF EVAN D. DIAMOND,
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`EXHIBIT LIST and EXHIBITS 2003-2004 were served via electronic mail
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`on September 7, 2022, in their entirety on the following:
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`Paul H. Berghoff (Reg. No. 30,243)
`James L. Lovsin (Reg. No. 69,550)
`James V. Suggs (Reg. No. 50,419)
`MCDONNELL BOEHNEN HULBERT & BERGHOFF LLP
`300 South Wacker Drive
`Chicago, IL 60606
`berghoff@mbhb.com
`lovsin@mbhb.com
`suggs@mbhb.com
`docketing@mbhb.com
`RigelIPR@mbhb.com
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`KING & SPALDING LLP
`
`/Joseph D. Eng, Jr./
`
`Joseph D. Eng, Jr. (Reg. No. 54,084)
`Attorneys for Patent Owner
`Servier Pharmaceuticals LLC
`
`Date: September 7, 2022
`1185 Avenue of the Americas
`New York, NY 10036
`(212) 556-2100
`
`
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