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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
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`PRAXAIR DISTRIBUTION, INC.
`Petitioner
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`v.
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`INO THERAPEUTICS LLC,
`Patent Owner
`_____________
`
`Case IPR2015-00529
`U.S. Patent No. 8,846,112
`_____________
`
`Before LORA M. GREEN, TINA E. HULSE, and
`ROBERT A. POLLOCK Administrative Patent Judges.
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`
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`PETITIONER PRAXAIR DISTRIBUTION INC.’S OBJECTIONS TO
`PATENT OWNER INO THERAPEUTICS, LLC’S EVIDENCE
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`
`
`Case IPR2015-00529
`U.S. Patent No. 8,846,112
`
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`Pursuant to 37 C.F.R. § 42.64(b)(1), Petitioner Praxair Distribution, Inc.
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`(“Praxair”) hereby submits the following objections to the evidence Patent Owner
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`INO Therapeutics, LLC (“Ikaria”) filed with its Patent Owner Response dated
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`November 5, 2015.
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`Exhibit 2024
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`Exhibit 2024 purports to be a copy of the prosecution history of abandoned
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`U.S. Patent Application No. 12/820,886. Praxair objects to the following pages of
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`Ex. 2024:
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`Ex. 2024 at pp. 348-539
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`Ex. 2024 at pp. 665-687
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`Ex. 2024 at pp. 803-877
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`Ex. 2024 at pp. 903-945
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`Ex. 2024 at pp. 1075-1096
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`Ex. 2024 at pp. 1098-1140
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`Ex. 2024 at pp. 1142-1165
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`Ex. 2024 at pp. 1167-1174
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`Ex. 2024 at pp. 1176-1186
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`Praxair objects to these pages of Ex. 2024 because they are declarations and
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`supporting materials submitted during patent examination that Ikaria is relying on
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`as evidence in this proceeding in violation of 37 C.F.R. § 42.53(a), which states
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`2
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`
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`Case IPR2015-00529
`U.S. Patent No. 8,846,112
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`that “[u]ncompelled direct testimony must be submitted in the form of an
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`affidavit.” These portions of Ex. 2024 also lack foundation (FRE 602) and
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`authentication (FRE 901) and constitute impermissible hearsay (FRE 901).
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`Exhibit 2029
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`Exhibit 2029 is a publication by Michael R. Zile et al. titled “New Concepts
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`in Diastolic Dysfunction and Diastolic Heart Failure: Part I - Diagnosis,
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`Prognosis, and Measurements of Diastolic Function. Praxair objects to Ex. 2029
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`because it does not appear that Ikaria relies on this document in its Patent Owner
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`response, nor does it appear that Ikaria’s expert witness, Dr. Geoffrey L.
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`Rosenthal, relies on this document in his declaration (Ex. 2020).
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`The Patent Trial and Appeal Board is hereby authorized to charge any fees
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`owed by Petitioner and associated with this case to Deposit Account 02-1818.
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`Respectfully submitted by
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`
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`
`
`K&L Gates LLP
`
`/Sanjay K. Murthy/
`Sanjay K. Murthy
`Reg. No. 45,976
`Customer No. 24573
`K&L Gates LLP
`e-mail: sanjay.murthy@klgates.com
`telephone number: 312-807-4416
`fax number: 312-827-8196
`70 W. Madison Street, Suite 3100
`Chicago, IL 60602
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`By:
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`3
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`Certification of Service Under 37 C.F.R. § 42.6(e)(4)
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`
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`A copy of the foregoing has been served to counsel of record for the Patent
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`Owner at the following electronic mail addresses pursuant to the Patent Owner’s
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`authorization of electronic service on this 13th day of November, 2015
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`Bob.Steinberg@lw.com
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`Daniel.Brown@lw.com
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`Marc.Zubick@lw.com
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`David.Callahan@lw.com
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`KENNETH.SCHULER@lw.com
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`
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`/Sanjay K. Murthy/
`Sanjay K. Murthy
`Reg. No. 45,976
`Customer No. 24573
`K&L Gates LLP
`e-mail: sanjay.murthy@klgates.com
`telephone number: 312-807-4416
`fax number: 312-827-8196
`70 W. Madison Street, Suite 3100
`Chicago, IL 60602
`
`By:
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