`_____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________________
`
`
`
`AMNEAL PHARMACEUTICALS LLC, INC and
`PAR PHARMACEUTICAL, INC.
`Petitioner
`
`v.
`
`JAZZ PHARMACEUTICALS, INC.
`Patent Owner
`
`
`
`_____________________
`
`Case IPR2015-00547
`Patent 7,765,107
`_____________________
`
`PETITONERS’ OBJECTIONS TO EVIDENCE SUBMITTED DURING THE
`PRELIMINARY PROCEEDING PURSUANT TO 37 C.F.R. § 42.64(B)(1)
`
`
`
`
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`JAZZ EXHIBIT 2041
`Amneal Pharms. et al. (Petitioners) v. Jazz Pharms., Inc. (Patent Owner)
`Case IPR2015-00547
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`Page 1 of 8
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`
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`Pursuant to 37 C.F.R. §42.64(b)(1), Petitioners Amneal Pharmaceuticals
`
`IPR2015-00547
` Patent No. 7,765,107
`
`
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`LLC and Par Pharmaceutical, Inc. object as follows to the admissibility of
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`evidence submitted during the preliminary proceeding:
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`1.
`
`JAZZ EXHIBIT 2015 is objected to under Fed. R. Ev. 401–402
`
`because the Exhibit does nothing to show that Par Pharmaceutical Holdings, Inc.
`
`has any relation, direction, or control over this proceeding, and is thus irrelevant to
`
`the question of whether Par Pharmaceutical Holdings, Inc. is a real-party-in-
`
`interest in this proceeding. JAZZ EXHIBIT 2015 is also objected to under Fed.
`
`R. Ev. 403 because its minimal probative value is substantially outweighed by the
`
`fact that it is misleading and needlessly cumulative.
`
`2.
`
`JAZZ EXHIBIT 2016 is objected to under Fed. R. Ev. 401–402
`
`because the Exhibit does nothing to show that Par Pharmaceutical Companies, Inc.
`
`has any relation, direction, or control over this proceeding, and is thus irrelevant to
`
`the question of whether Par Pharmaceutical Companies, Inc. is a real-party-in-
`
`interest in this proceeding. JAZZ EXHIBIT 2016 is also objected to under Fed.
`
`R. Ev. 403 because its minimal probative value is substantially outweighed by the
`
`fact that it is misleading and needlessly cumulative.
`
`3.
`
`JAZZ EXHIBIT 2017 is objected to under Fed. R. Ev. 401–402
`
`because the section of website presented does nothing to show that Par
`
`Pharmaceutical Companies, Inc. has any relation, direction, or control over this
`
`
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`1
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`Page 2 of 8
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`
`
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`proceeding, and is thus irrelevant to the question of whether Par Pharmaceutical
`
`IPR2015-00547
` Patent No. 7,765,107
`
`Companies, Inc. is a real-party-in-interest in this proceeding. JAZZ EXHIBIT
`
`2017 is also objected to under Fed. R. Ev. 403 because its minimal probative value
`
`is substantially outweighed by the fact that it is misleading and needlessly
`
`cumulative.
`
`4.
`
`JAZZ EXHIBIT 2018 is objected to under Fed. R. Ev. 401–402
`
`because the Exhibit does nothing to show that Par Pharmaceutical Companies, Inc.
`
`has any relation, direction, or control over this proceeding, and is thus irrelevant to
`
`the question of whether Par Pharmaceutical Companies, Inc. is a real-party-in-
`
`interest in this proceeding. JAZZ EXHIBIT 2018 is also objected to under Fed.
`
`R. Ev. 403 because its minimal probative value is substantially outweighed by the
`
`fact that it is misleading and needlessly cumulative.
`
`5.
`
`JAZZ EXHIBIT 2019 is objected to under Fed. R. Ev. 401–402
`
`because the Exhibit does nothing to show that Par Pharmaceutical Companies, Inc.
`
`has any relation, direction, or control over this proceeding, and is thus irrelevant to
`
`the question of whether Par Pharmaceutical Companies, Inc. is a real-party-in-
`
`interest in this proceeding. JAZZ EXHIBIT 2019 is also objected to under Fed.
`
`R. Ev. 403 because its minimal probative value is substantially outweighed by the
`
`fact that it is misleading and needlessly cumulative.
`
`6.
`
`JAZZ EXHIBIT 2020 is objected to under Fed. R. Ev. 401–402
`
`
`
`2
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`Page 3 of 8
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`
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`because the Exhibit does nothing to show that Par Pharmaceutical Companies, Inc.
`
`IPR2015-00547
` Patent No. 7,765,107
`
`has any relation, direction, or control over this proceeding, and is thus irrelevant to
`
`the question of whether Par Pharmaceutical Companies, Inc. is a real-party-in-
`
`interest in this proceeding. JAZZ EXHIBIT 2020 is also objected to under Fed.
`
`R. Ev. 403 because its minimal probative value is substantially outweighed by the
`
`fact that it is misleading and needlessly cumulative.
`
`7.
`
`JAZZ EXHIBIT 2021 is objected to under Fed. R. Ev. 401–402
`
`because the Exhibit does nothing to show that Par Pharmaceutical Holdings, Inc.
`
`has any relation, direction, or control over this proceeding, and is thus irrelevant to
`
`the question of whether Par Pharmaceutical Companies, Inc. is a real-party-in-
`
`interest in this proceeding. JAZZ EXHIBIT 2021 is also objected to under Fed.
`
`R. Ev. 403 because its minimal probative value is substantially outweighed by the
`
`fact that it is misleading and needlessly cumulative.
`
`8.
`
`JAZZ EXHIBIT 2023 is objected to under Fed. R. Ev. 401 because
`
`the Exhibit here does nothing to show that Par Pharmaceutical Companies, Inc. has
`
`any relation, direction, or control over this proceeding, and is thus irrelevant to the
`
`question of whether Par Pharmaceutical Companies, Inc. is a real-party-in-interest
`
`in this proceeding. JAZZ EXHIBIT 2023 is also objected to under Fed. R. Ev.
`
`403 because its minimal probative value is substantially outweighed by the fact
`
`that it is misleading and needlessly cumulative.
`
`
`
`3
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`Page 4 of 8
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`9.
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`JAZZ EXHIBIT 2025 is objected to under Fed. R. Ev. 401 because
`
`IPR2015-00547
` Patent No. 7,765,107
`
`
`
`the Exhibit here does nothing to show that Par Pharmaceutical Companies, Inc. has
`
`any relation, direction, or control over this proceeding, and is thus irrelevant to the
`
`question of whether Par Pharmaceutical Companies, Inc. is a real-party-in-interest
`
`in this proceeding. JAZZ EXHIBIT 2025 is also objected to under Fed. R. Ev.
`
`403 because its minimal probative value is substantially outweighed by the fact
`
`that it is misleading, confusing the issues, and needlessly cumulative. JAZZ
`
`EXHIBIT 2025 is also objected to under Fed. R. Ev. 802 as impermissible
`
`hearsay, as it is a statement offered by Jazz Pharmaceuticals, Inc. in an attempt to
`
`prove the truth of the matter asserted therein, including, but not limited to, that
`
`David Silverstein is employed by Par Pharmaceutical Companies, Inc.
`
`10.
`
`JAZZ EXHIBIT 2026 is objected to under Fed. R. Ev. 401–402
`
`because the Exhibit is a Complaint is for a proceeding unrelated to the present
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`Petition, and fails to in any way demonstrate that Par Pharmaceutical Companies,
`
`Inc. has any direction or control over the instant Petition or proceedings sufficient
`
`to make them a real party in interest. JAZZ EXHIBIT 2026 is also objected to
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`under Fed. R. Ev. 403 because its minimal probative value is substantially
`
`outweighed by the fact that it is misleading and needlessly cumulative.
`
`11.
`
`JAZZ EXHIBIT 2027 is objected to under Fed. R. Ev. 401–402
`
`because the Exhibit is a Complaint is for a proceeding unrelated to the present
`
`
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`4
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`Page 5 of 8
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`
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`Petition, and fails to in any way demonstrate that Par Pharmaceutical Companies,
`
`IPR2015-00547
` Patent No. 7,765,107
`
`Inc. has any direction or control over the instant Petition or proceedings sufficient
`
`to make them a real party in interest. JAZZ EXHIBIT 2027 is also objected to
`
`under Fed. R. Ev. 403 because its minimal probative value is substantially
`
`outweighed by the fact that it is misleading and needlessly cumulative.
`
`12.
`
`JAZZ EXHIBIT 2034 is objected to under Fed. R. Ev. 401 because
`
`the LinkedIn page presented here does nothing to show that Par Pharmaceutical
`
`Companies, Inc. has any relation, direction, or control over this proceeding, and is
`
`thus irrelevant to the question of whether Par Pharmaceutical Companies, Inc. is a
`
`real-party-in-interest in this proceeding. JAZZ EXHIBIT 2034 is also objected to
`
`under Fed. R. Ev. 403 because its minimal probative value is substantially
`
`outweighed by the fact that it is misleading, confusing the issues, and needlessly
`
`cumulative. JAZZ EXHIBIT 2034 is also objected to under Fed. R. Ev. 802 as
`
`impermissible hearsay, as it is a statement offered by Jazz Pharmaceuticals, Inc. in
`
`an attempt to prove the truth of the matter asserted therein, including, but not
`
`limited to, that Barry Gilman is employed by Par Pharmaceutical Companies, Inc.
`
`13.
`
`JAZZ EXHIBIT 2036 is objected to under Fed. R. Ev. 401 because
`
`the LinkedIn page presented here does nothing to show that Par Pharmaceutical
`
`Companies, Inc. has any relation, direction, or control over this proceeding, and is
`
`thus irrelevant to the question of whether Par Pharmaceutical Companies, Inc. is a
`
`
`
`5
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`Page 6 of 8
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`
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`real-party-in-interest in this proceeding. JAZZ EXHIBIT 2036 is also objected to
`
`IPR2015-00547
` Patent No. 7,765,107
`
`under Fed. R. Ev. 403 because its minimal probative value is substantially
`
`outweighed by the fact that it is misleading, confusing the issues, and needlessly
`
`cumulative. JAZZ EXHIBIT 2036 is also objected to under Fed. R. Ev. 802 as
`
`impermissible hearsay, as it is a statement offered by Jazz Pharmaceuticals, Inc. in
`
`an attempt to prove the truth of the matter asserted therein, including, but not
`
`limited to, that Suketu Sanghvi is employed by Par Pharmaceutical, Inc.
`
`
`
`
`
`Matthew C. Ruedy (Reg. No. 64,823)
`Maddox Edwards, P.L.L.C.
`1900 K Street NW – Suite 725
`Washington, D.C. 20006
`(202) 830-0779
`mruedy@meiplaw.com
`
`Attorney for Petitioners
`
`6
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`
`
`Date: August 11, 2015
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`Page 7 of 8
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`
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`CERTIFICATION OF SERVICE (37 C.F.R. §§ 42.6(e))
`
`IPR2015-00547
` Patent No. 7,765,107
`Certificate of Service
`
`
`The undersigned hereby certifies that the above-captioned “PETITONERS’
`
`OBJECTIONS TO EVIDENCE SUBMITTED DURING THE PRELIMINARY
`
`PROCEEDING PURSUANT TO 37 C.F.R. § 42.64(B)(1)”, was served in its
`
`entirety on August 11, 2015, upon the following parties via Electronic Mail:
`
`John V. Biernacki
`Jones Day
`North Point
`901 Lakeside Avenue
`Cleveland, OH 44114
`JVBiernacki@JonesDay.Com
`
`
`
`
`Matthew C. Ruedy (Reg. No. 64,823)
`MADDOX EDWARDS, P.L.L.C.
`1900 K Street NW – Suite 725
`Washington, D.C. 20006
`(202) 830-0779
`mruedy@meiplaw.com
`
`Attorney for Petitioners
`
`F. Dominic Cerrito
`QUINN EMANUEL URQUHART &
`SULLIVAN LLP
`51 Madison Avenue
`22nd Floor
`New York, NY 10010
`NickCerrito@quinnemanuel.com
`
`
`
`
`Date: August 11, 2015
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`Page 8 of 8