`
`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________________
`
`EISAI INC.
`Petitioner
`
`v.
`
`CRYSTAL PHARMACEUTICAL (SUZHOU) CO., LTD.
`Patent Owner
`
`____________________
`
`Case PGR2021-00047
`Patent 10,759,779
`____________________
`
`DECLARATION OF MELANIE R. RUPERT IN SUPPORT
`OF MOTION FOR PRO HAC VICE ADMISSION
`
`Page 1 of 3
`
`EISAI EXHIBIT 1040
`Eisai v. Crystal Pharm.
`PGR2021-00047
`
`
`
`Case PGR2021-00047
`Patent No. 10,759,779
`
`I, Melanie R. Rupert, being duly sworn and upon oath, hereby attest to the
`
`following:
`
`1.
`
`2.
`
`I am a member in good standing of the bar of the State of New York.
`
`I have never been suspended or disbarred from practice before any
`
`court or administrative body.
`
`3.
`
`I have never been denied an application for admission to practice
`
`before any court or administrative body.
`
`4.
`
`No sanction or contempt citation has ever been imposed against me
`
`by any court or administrative body.
`
`5.
`
`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 Title 37,
`
`Code of Federal Regulations.
`
`6.
`
`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).
`
`7.
`
`In the last three (3) years, I have not applied to appear pro hac vice
`
`before the Office in any other proceedings.
`
`8.
`
`I am an experienced patent litigation attorney and am a Partner at the
`
`law firm of Paul Hastings LLP. I have been practicing law since 2001 and have
`
`extensive experience litigating patent infringement cases in different courts across
`
`Page 2 of 3
`
`
`
`Case PGR2021-00047
`Patent No. 10,759,779
`
`the country. Among my experience in patent litigation matters, I have participated
`
`in multiple trials, Markman hearings, patent summary judgment and preliminary
`
`injunction proceedings, and other patent-related hearings and pleadings
`
`concerning, inter alia, patent validity and infringement issues. I have also been
`
`recognized as a leading patent litigation attorney, including being named to
`
`Managing IP’s “Top 250 Women in IP” list, being named as a “Life Sciences IP
`
`Star” by LMG Life Sciences, being listed in the Legal 500 for Intellectual
`
`Property, and frequently being included as a “New York Metro Rising Star” in
`
`intellectual property litigation by Super Lawyers.
`
`9.
`
`I am familiar with U.S. Patent No. 10,759,779 (“the ’779 Patent”)
`
`and have been heavily involved with the issues presented in this PGR proceeding.
`
`I have also regularly served as outside counsel for Petitioner in other patent matters
`
`since 2011.
`
`I declare under penalty of perjury that the foregoing is true and correct.
`
`Executed this 17th day of March, 2021, in New York, New York.
`
`/Melanie R. Rupert/
` By: Melanie R. Rupert
`
`Page 3 of 3
`
`2
`
`
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