UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`MYLAN PHARMACEUTICALS, INC. and
`AMNEAL PHARMACEUTICALS LLC
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`Petitioners
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`v.
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`YEDA RESEARCH AND DEVELOPMENT CO. LTD.
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`Patent Owner
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`Case IPR2015-00643 (Patent 8,232,250 B2)
`Case IPR2015-00644 (Patent 8,399,413 B2)
`Case IPR2015-00830 (Patent 8,969,302 B2)1,2
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`PATENT OWNER’S OBJECTIONS TO EVIDENCE
`PURSUANT TO 37 C.F.R. §42.64
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`1 The word-for-word identical paper is filed in each proceeding identified in the
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`caption.
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`2 Cases IPR2015-01976, IPR2015-01980, and IPR2015-01981 have been joined
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`with IPR2015-00643, IPR2015-00644, and IPR2015-00830, respectively.
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`
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`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`MYLAN PHARMACEUTICALS, INC. and
`AMNEAL PHARMACEUTICALS LLC
`
`Petitioners
`
`v.
`
`YEDA RESEARCH AND DEVELOPMENT CO. LTD.
`
`Patent Owner
`
`Case IPR2015-00643 (Patent 8,232,250 B2)
`Case IPR2015-00644 (Patent 8,399,413 B2)
`Case IPR2015-00830 (Patent 8,969,302 B2)1,2
`
`PATENT OWNER’S OBJECTIONS TO EVIDENCE
`PURSUANT TO 37 C.F.R. §42.64
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`1 The word-for-word identical paper is filed in each proceeding identified in the
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`caption.
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`2 Cases IPR2015-01976, IPR2015-01980, and IPR2015-01981 have been joined
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`with IPR2015-00643, IPR2015-00644, and IPR2015-00830, respectively.
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`Pursuant to 37 C.F.R. § 42.64, Patent Owner Yeda Research and
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`Development Co., Ltd. (“Yeda”) objects to the admissibility of the documents
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`identified below that were submitted by Petitioners Mylan Pharmaceuticals, Inc.
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`and Amneal Pharmaceuticals LLC (collectively, “Petitioners”) on March 9, 2016,
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`for the following reasons:
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`1.
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`Petitioners’ Exhibit 1067 is objected to under Federal Rules of
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`Evidence 402/403 because it is not relevant to any issue in the above-
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`captioned proceedings.
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`2.
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`Petitioners’ Exhibit 1068 is objected to under Federal Rules of
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`Evidence 402/403 to the extent that it is relied upon for any teaching prior to
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`August 20, 2009. This Exhibit is also objected to under Federal Rules of
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`Evidence 402/403 as being cumulative over Exhibit 1089.
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`3.
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`Petitioners’ Exhibit 1070 is objected to under Federal Rules of
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`Evidence 402/403 to the extent that it is relied upon for any teaching prior to
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`August 20, 2009. This Exhibit is also objected to as hearsay (subject to no
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`exception) under Federal Rules of Evidence 801/802.
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`4.
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`Petitioners’ Exhibit 1071 is objected to under Federal Rules of
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`Evidence 402/403 as being cumulative over Exhibit 1097.
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`5.
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`Petitioners’ Exhibit 1072 is objected to under Federal Rules of
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`Evidence 402/403 because it relates to a separate judicial proceeding and is
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`not relevant to any issue in the above-captioned proceedings. This Exhibit is
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`also objected to as hearsay (subject to no exception) under Federal Rules of
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`Evidence 801/802.
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`6.
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`Petitioners’ Exhibit 1073 is objected to under Federal Rules of
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`Evidence 402/403 to the extent that it is relied upon for any teaching prior to
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`August 20, 2009. This Exhibit is also objected to as hearsay (subject to no
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`exception) under Federal Rules of Evidence 801/802.
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`7.
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`Petitioners’ Exhibit 1074 is objected to under Federal Rules of
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`Evidence 402/403 to the extent that it is relied upon for any teaching prior to
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`August 20, 2009. This Exhibit is also objected to as hearsay (subject to no
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`exception) under Federal Rules of Evidence 801/802.
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`8.
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`Petitioners’ Exhibit 1076 is objected to under Federal Rules of
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`Evidence 402/403 because it relates to a separate judicial proceeding and is
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`not relevant to any issue in the above-captioned proceedings. This Exhibit is
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`also objected to as hearsay (subject to no exception) under Federal Rules of
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`Evidence 801/802.
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`3
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`9.
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`Petitioners’ Exhibit 1077 is objected to under Federal Rules of
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`Evidence 402/403 because it relates to a separate judicial proceeding and is
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`not relevant to any issue in the above-captioned proceedings. This Exhibit is
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`also objected to as hearsay (subject to no exception) under Federal Rules of
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`Evidence 801/802.
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`10. Petitioners’ Exhibit 1079 is objected to under Federal Rules of
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`Evidence 402/403 to the extent that it is relied upon for any teaching prior to
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`August 20, 2009. This Exhibit is also objected to as hearsay (subject to no
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`exception) under Federal Rules of Evidence 801/802.
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`11. Petitioners’ Exhibit 1080 is objected to under Federal Rules of
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`Evidence 402/403 to the extent that it is relied upon for any teaching prior to
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`August 20, 2009. This Exhibit is also objected to as hearsay (subject to no
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`exception) under Federal Rules of Evidence 801/802.
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`12. Petitioners’ Exhibit 1081 is objected to under Federal Rules of
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`Evidence 402/403 to the extent that it is relied upon for any teaching prior to
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`August 20, 2009. This Exhibit is also objected to as hearsay (subject to no
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`exception) under Federal Rules of Evidence 801/802. This Exhibit is also
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`objected to because it has not been properly authenticated as required by
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`Federal Rule of Evidence 901.
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`4
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`13. Petitioners’ Exhibit 1082 is objected to under Federal Rules of
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`Evidence 402/403 to the extent that it is relied upon for any teaching prior to
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`August 20, 2009. This Exhibit is also objected to as hearsay (subject to no
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`exception) under Federal Rules of Evidence 801/802.
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`14. Petitioners’ Exhibit 1083 is objected to under Federal Rules of
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`Evidence 402/403 to the extent that it is relied upon for any teaching prior to
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`August 20, 2009. This Exhibit is also objected to as hearsay (subject to no
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`exception) under Federal Rules of Evidence 801/802. This Exhibit is also
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`objected to because it has not been properly authenticated as required by
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`Federal Rule of Evidence 901.
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`15. Petitioners’ Exhibit 1085 (Declaration of Ari Green) is objected
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`to as unreliable under Federal Rule of Evidence 702 and Daubert v. Merrell
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`Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993). Dr. Green is not an expert
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`on, for example, glatiramer acetate or the mechanism of action of glatiramer
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`acetate. He does not possess the requisite credentials or expertise to render
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`opinions in this case. This Exhibit is further objected to as unreliable under
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`Federal Rules of Evidence 702/703 because its bases are not of the type
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`reasonably relied upon by experts in the field in forming an opinion. Patent
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`Owner further objects to this Exhibit to the extent that the opinions offered
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`5
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`in this Declaration exceed the scope of Patent Owner’s arguments set forth
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`in the Patent Owner Response.
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`16. Petitioners’ Exhibit 1086 is objected to under Federal Rules of
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`Evidence 402/403 to the extent that it is relied upon for any teaching prior to
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`August 20, 2009. This Exhibit is also objected to as hearsay (subject to no
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`exception) under Federal Rules of Evidence 801/802. This Exhibit is also
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`objected to because it has not been properly authenticated as required by
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`Federal Rule of Evidence 901.
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`17. Petitioners’ Exhibit 1087 is objected to under Federal Rules of
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`Evidence 402/403 as being merely cumulative of evidence already presented
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`by Petitioners in the above-referenced proceedings. This Exhibit is also
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`objected to as hearsay (subject to no exception) under Federal Rules of
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`Evidence 801/802. This Exhibit is also objected to because it has not been
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`properly authenticated as required by Federal Rule of Evidence 901.
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`18. Petitioners’ Exhibit 1088 is objected to under Federal Rules of
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`Evidence 402/403 as being merely cumulative of evidence already presented
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`by Petitioners in the above-referenced proceedings.
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`19. Petitioners’ Exhibit 1089 is objected to under Federal Rules of
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`Evidence 402/403 to the extent that it is relied upon for any teaching prior to
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`6
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`August 20, 2009. This Exhibit is also objected to under Federal Rules of
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`Evidence 402/403 as being cumulative over Exhibit 1068.
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`20. Petitioners’ Exhibit 1090 is objected to under Federal Rules of
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`Evidence 402/403 as being merely cumulative of evidence already presented
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`by Petitioners in the above-referenced proceedings.
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`21. Petitioners’ Exhibit 1091 is objected to under Federal Rules of
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`Evidence 402/403 as being merely cumulative of evidence already presented
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`by Petitioners in the above-referenced proceedings.
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`22. Petitioners’ Exhibit 1092 is objected to under Federal Rules of
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`Evidence 402/403 to the extent that it is relied upon for any teaching prior to
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`August 20, 2009.
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`23. Petitioners’ Exhibit 1093 is objected to under Federal Rules of
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`Evidence 402/403 to the extent that it is relied upon for any teaching prior to
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`August 20, 2009. This Exhibit is also objected to as hearsay (subject to no
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`exception) under Federal Rules of Evidence 801/802. This Exhibit is also
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`objected to because it has not been properly authenticated as required by
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`Federal Rule of Evidence 901.
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`7
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`24. Petitioners’ Exhibit 1094 is objected to under Federal Rules of
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`Evidence 402/403 to the extent that it is relied upon for any teaching prior to
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`August 20, 2009. This Exhibit is also objected to under Federal Rules of
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`Evidence 402/403 because it is not relevant to any issue in the above-
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`captioned proceedings.
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`25. Petitioners’ Exhibit 1095 is objected to under Federal Rules of
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`Evidence 402/403 to the extent that it is relied upon for any teaching prior to
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`August 20, 2009.
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`26. Petitioners’ Exhibit 1096 is objected to under Federal Rules of
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`Evidence 402/403 because it is not relevant to any issue in the above-
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`captioned proceedings.
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`27. Petitioners’ Exhibit 1097 is objected to under Federal Rules of
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`Evidence 402/403 because it is not relevant to any issue in the above-
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`captioned proceedings. This Exhibit is also objected to under Federal Rules
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`of Evidence 402/403 as being cumulative over Exhibit 1071.
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`28. Petitioners’ Exhibit 1098 is objected to under Federal Rules of
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`Evidence 402/403 to the extent that it is relied upon for any teaching prior to
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`August 20, 2009. This Exhibit is also objected to as hearsay (subject to no
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`exception) under Federal Rules of Evidence 801/802. This Exhibit is also
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`8
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`objected to because it has not been properly authenticated as required by
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`Federal Rule of Evidence 901.
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`29. Petitioners’ Exhibit 1099 (Declaration of Joel Hay) is objected
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`to as unreliable under Federal Rules of Evidence 702/703 because its bases
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`are not of the type reasonably relied upon by experts in the field in forming
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`an opinion. Patent Owner further objects to this Exhibit to the extent that the
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`opinions offered in Dr. Hay’s Declaration exceed the scope of Patent
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`Owner’s arguments set forth in the Patent Owner Response.
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`30. Petitioners’ Exhibit 1100 is objected to under Federal Rules of
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`Evidence 402/403 because it is not relevant to any issue in the above-
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`captioned proceedings. This Exhibit is also objected to under Federal Rules
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`of Evidence 402/403 to the extent that it is relied upon for any teaching prior
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`to August 20, 2009.
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`31. Petitioners’ Exhibit 1101 is objected to under Federal Rules of
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`Evidence 402/403 because it is not relevant to any issue in the above-
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`captioned proceedings. This Exhibit is also objected to under Federal Rules
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`of Evidence 402/403 to the extent that it is relied upon for any teaching prior
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`to August 20, 2009. This Exhibit is also objected to because it has not been
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`properly authenticated as required by Federal Rule of Evidence 901.
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`9
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`32. Petitioners’ Exhibit 1102 is objected to under Federal Rules of
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`Evidence 402/403 because it is not relevant to any issue in the above-
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`captioned proceedings. This Exhibit is also objected to under Federal Rules
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`of Evidence 402/403 to the extent that it is relied upon for any teaching prior
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`to August 20, 2009. This Exhibit is also objected to as hearsay (subject to
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`no exception) under Federal Rules of Evidence 801/802. This Exhibit is also
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`objected to because it has not been properly authenticated as required by
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`Federal Rule of Evidence 901.
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`33. Petitioners’ Exhibit 1103 is objected to under Federal Rules of
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`Evidence 402/403 because it is not relevant to any issue in the above-
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`captioned proceedings. This Exhibit is also objected to under Federal Rules
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`of Evidence 402/403 to the extent that it is relied upon for any teaching prior
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`to August 20, 2009. This Exhibit is also objected to as hearsay (subject to no
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`exception) under Federal Rules of Evidence 801/802. This Exhibit is also
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`objected to because it has not been properly authenticated as required by
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`Federal Rule of Evidence 901.
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`34. Petitioners’ Exhibit 1104 is objected to under Federal Rules of
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`Evidence 402/403 because it is not relevant to any issue in the above-
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`captioned proceedings. This Exhibit is also objected to under Federal Rules
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`10
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`of Evidence 402/403 to the extent that it is relied upon for any teaching prior
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`to August 20, 2009. This Exhibit is also objected to as hearsay (subject to no
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`exception) under Federal Rules of Evidence 801/802. This Exhibit is also
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`objected to because it has not been properly authenticated as required by
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`Federal Rule of Evidence 901.
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`35. Petitioners’ Exhibit 1105 is objected to under Federal Rules of
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`Evidence 402/403 because it is not relevant to any issue in the above-
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`captioned proceedings. This Exhibit is also objected to under Federal Rules
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`of Evidence 402/403 to the extent that it is relied upon for any teaching prior
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`to August 20, 2009. This Exhibit is also objected to as hearsay (subject to no
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`exception) under Federal Rules of Evidence 801/802. This Exhibit is also
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`objected to because it has not been properly authenticated as required by
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`Federal Rule of Evidence 901.
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`36. Petitioners’ Exhibit 1106 is objected to under Federal Rules of
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`Evidence 402/403 to the extent that it is relied upon for any teaching prior to
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`August 20, 2009. This Exhibit is also objected to as hearsay (subject to no
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`exception) under Federal Rules of Evidence 801/802. This Exhibit is also
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`objected to because it has not been properly authenticated as required by
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`Federal Rule of Evidence 901.
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`11
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`37. Petitioners’ Exhibit 1107 is objected to under Federal Rules of
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`Evidence 402/403 because it is not relevant to any issue in the above-
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`captioned proceedings. This Exhibit is also objected to under Federal Rules
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`of Evidence 402/403 to the extent that it is relied upon for any teaching prior
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`to August 20, 2009. This Exhibit is also objected to as hearsay (subject to no
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`exception) under Federal Rules of Evidence 801/802. This Exhibit is also
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`objected to because it has not been properly authenticated as required by
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`Federal Rule of Evidence 901.
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`38. Petitioners’ Exhibit 1108 is objected to under Federal Rules of
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`Evidence 402/403 because it is not relevant to any issue in the above-
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`captioned proceedings. This Exhibit is also objected to under Federal Rules
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`of Evidence 402/403 to the extent that it is relied upon for any teaching prior
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`to August 20, 2009. This Exhibit is also objected to as hearsay (subject to no
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`exception) under Federal Rules of Evidence 801/802. This Exhibit is also
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`objected to because it has not been properly authenticated as required by
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`Federal Rule of Evidence 901.
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`39. Petitioners’ Exhibit 1109 is objected to under Federal Rules of
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`Evidence 402/403 because it is not relevant to any issue in the above-
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`captioned proceedings.
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`12
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`40. Petitioners’ Exhibit 1110 is objected to under Federal Rules of
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`Evidence 402/403 because it is not relevant to any issue in the above-
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`captioned proceedings. This Exhibit is also objected to under Federal Rules
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`of Evidence 402/403 to the extent that it is relied upon for any teaching prior
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`to August 20, 2009.
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`41. Petitioners’ Exhibit 1111 is objected to under Federal Rules of
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`Evidence 402/403 to the extent that it is relied upon for any teaching prior to
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`August 20, 2009. This Exhibit is also objected to as hearsay (subject to no
`
`exception) under Federal Rules of Evidence 801/802. This Exhibit is also
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`objected to because it has not been properly authenticated as required by
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`Federal Rule of Evidence 901.
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`42. Petitioners’ Exhibit 1112 is objected to under Federal Rules of
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`Evidence 402/403 to the extent that it is relied upon for any teaching prior to
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`August 20, 2009. This Exhibit is also objected to as hearsay (subject to no
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`exception) under Federal Rules of Evidence 801/802. This Exhibit is also
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`objected to because it has not been properly authenticated as required by
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`Federal Rule of Evidence 901.
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`43. Petitioners’ Exhibit 1113 is objected to under Federal Rules of
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`Evidence 402/403 because it is not relevant to any issue in the above-
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`13
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`captioned proceedings. This Exhibit is also objected to under Federal Rules
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`of Evidence 402/403 to the extent that it is relied upon for any teaching prior
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`to August 20, 2009. This Exhibit is also objected to under Federal Rules of
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`Evidence 402/403 as being irrelevant evidence for prejudice, confusion,
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`waste of time, or other reasons. This Exhibit is also objected to This Exhibit
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`is also objected to as hearsay (subject to no exception) under Federal Rules
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`of Evidence 801/802. This Exhibit is also objected to because it has not been
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`properly authenticated as required by Federal Rule of Evidence 901.
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`44. Petitioners’ Exhibit 1114 is objected to under Federal Rules of
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`Evidence 402/403 to the extent that it is relied upon for any teaching prior to
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`August 20, 2009. This Exhibit is also objected to under Federal Rules of
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`Evidence 1001-1003. Specifically, Page 3 of the Exhibit has been
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`highlighted. This Exhibit is also objected to as hearsay (subject to no
`
`exception) under Federal Rules of Evidence 801/802. This Exhibit is also
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`objected to because it has not been properly authenticated as required by
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`Federal Rule of Evidence 901.
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`45. Petitioners’ Exhibit 1115 is objected to under Federal Rules of
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`Evidence 402/403 because it is not relevant to any issue in the above-
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`captioned proceedings. This Exhibit is also objected to under Federal Rules
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`14
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`
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`of Evidence 402/403 to the extent that it is relied upon for any teaching prior
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`to August 20, 2009. This Exhibit is also objected to as hearsay (subject to no
`
`exception) under Federal Rules of Evidence 801/802. This Exhibit is also
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`objected to because it has not been properly authenticated as required by
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`Federal Rule of Evidence 901.
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`46. Petitioners’ Exhibit 1116 is objected to under Federal Rules of
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`Evidence 402/403 because it is not relevant to any issue in the above-
`
`captioned proceedings. This Exhibit is also objected to under Federal Rules
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`of Evidence 402/403 to the extent that it is relied upon for any teaching prior
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`to August 20, 2009. This Exhibit is also objected to as hearsay (subject to no
`
`exception) under Federal Rules of Evidence 801/802. This Exhibit is also
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`objected to because it has not been properly authenticated as required by
`
`Federal Rule of Evidence 901.
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`47. Petitioners’ Exhibit 1117 is objected to under Federal Rules of
`
`Evidence 402/403 because it is not relevant to any issue in the above-
`
`captioned proceedings. This Exhibit is also objected to under Federal Rules
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`of Evidence 402/403 to the extent that it is relied upon for any teaching prior
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`to August 20, 2009. This Exhibit is also objected to as hearsay (subject to no
`
`exception) under Federal Rules of Evidence 801/802. This Exhibit is also
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`15
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`objected to because it has not been properly authenticated as required by
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`Federal Rule of Evidence 901.
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`48. Petitioners’ Exhibit 1118 is objected to under Federal Rules of
`
`Evidence 402/403 because it is not relevant to any issue in the above-
`
`captioned proceedings. This Exhibit is also objected to under Federal Rules
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`of Evidence 402/403 to the extent that it is relied upon for any teaching prior
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`to August 20, 2009. This Exhibit is also objected to as hearsay (subject to no
`
`exception) under Federal Rules of Evidence 801/802. This Exhibit is also
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`objected to because it has not been properly authenticated as required by
`
`Federal Rule of Evidence 901.
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`49. Petitioners’ Exhibit 1119 is objected to under Federal Rules of
`
`Evidence 402/403 to the extent that it is relied upon for any teaching prior to
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`August 20, 2009. This Exhibit is also objected to as hearsay (subject to no
`
`exception) under Federal Rules of Evidence 801/802. This Exhibit is also
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`objected to because it has not been properly authenticated as required by
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`Federal Rule of Evidence 901.
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`50. Petitioners’ Exhibit 1120 is objected to under Federal Rules of
`
`Evidence 402/403 to the extent that it is relied upon for any teaching prior to
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`August 20, 2009. This Exhibit is also objected to as hearsay (subject to no
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`16
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`exception) under Federal Rules of Evidence 801/802. This Exhibit is also
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`objected to because it has not been properly authenticated as required by
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`Federal Rule of Evidence 901.
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`51. Petitioners’ Exhibit 1121 is objected to under Federal Rules of
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`Evidence 402/403 because it is not relevant to any issue in the above-
`
`captioned proceedings. This Exhibit is also objected to as hearsay (subject to
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`no exception) under Federal Rules of Evidence 801/802.
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`52. Petitioners’ Exhibit 1122 is objected to under Federal Rules of
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`Evidence 402/403 to the extent that it is relied upon for any teaching prior to
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`August 20, 2009. This Exhibit is also objected to as hearsay (subject to no
`
`exception) under Federal Rules of Evidence 801/802. This Exhibit is also
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`objected to because it has not been properly authenticated as required by
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`Federal Rule of Evidence 901.
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`53. Petitioners’ Exhibit 1123 is objected to under Federal Rules of
`
`Evidence 402/403 to the extent that it is relied upon for any teaching prior to
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`August 20, 2009. This Exhibit is also objected to as hearsay (subject to no
`
`exception) under Federal Rules of Evidence 801/802. This Exhibit is also
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`objected to because it has not been properly authenticated as required by
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`Federal Rule of Evidence 901.
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`17
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`54. Petitioners’ Exhibit 1124 is objected to under Federal Rules of
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`Evidence 402/403 to the extent that it is relied upon for any teaching prior to
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`August 20, 2009. This Exhibit is objected to under Federal Rules of
`
`Evidence 402/403 because it is not relevant to any issue in the above-
`
`captioned proceedings. This Exhibit is also objected to as hearsay (subject to
`
`no exception) under Federal Rules of Evidence 801/802. This Exhibit is also
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`objected to because it has not been properly authenticated as required by
`
`Federal Rule of Evidence 901.
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`55. Petitioners’ Exhibit 1125 is objected to under Federal Rules of
`
`Evidence 402/403 to the extent that it is relied upon for any teaching prior to
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`August 20, 2009. This Exhibit is also objected to as hearsay (subject to no
`
`exception) under Federal Rules of Evidence 801/802. This Exhibit is also
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`objected to because it has not been properly authenticated as required by
`
`Federal Rule of Evidence 901.
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`56. Petitioners’ Exhibit 1126 is objected to under Federal Rules of
`
`Evidence 402/403 to the extent that it is relied upon for any teaching prior to
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`August 20, 2009. This Exhibit is also objected to as hearsay (subject to no
`
`exception) under Federal Rules of Evidence 801/802. This Exhibit is also
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`18
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`objected to because it has not been properly authenticated as required by
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`Federal Rule of Evidence 901.
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`57. Petitioners’ Exhibit 1127 is objected to under Federal Rules of
`
`Evidence 402/403 to the extent that it is relied upon for any teaching prior to
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`August 20, 2009. This Exhibit is also objected to as hearsay (subject to no
`
`exception) under Federal Rules of Evidence 801/802. This Exhibit is also
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`objected to because it has not been properly authenticated as required by
`
`Federal Rule of Evidence 901.
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`58. Petitioners’ Exhibit 1128 is objected to under Federal Rules of
`
`Evidence 402/403 to the extent that it is relied upon for any teaching prior to
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`August 20, 2009. This Exhibit is also objected to as hearsay (subject to no
`
`exception) under Federal Rules of Evidence 801/802. This Exhibit is also
`
`objected to because it has not been properly authenticated as required by
`
`Federal Rule of Evidence 901.
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`59. Petitioners’ Exhibit 1129 is objected to under Federal Rules of
`
`Evidence 402/403 because it is not relevant to any issue in the above-
`
`captioned proceedings. This Exhibit is also objected to under Federal Rules
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`of Evidence 402/403 to the extent that it is relied upon for any teaching prior
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`to August 20, 2009. This Exhibit is also objected to as hearsay (subject to no
`
`19
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`
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`exception) under Federal Rules of Evidence 801/802. This Exhibit is also
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`objected to because it has not been properly authenticated as required by
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`Federal Rule of Evidence 901.
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`60. Petitioners’ Exhibit 1130 is objected to under Federal Rules of
`
`Evidence 402/403 because it is not relevant to any issue in the above-
`
`captioned proceedings. This Exhibit is also objected to as hearsay (subject to
`
`no exception) under Federal Rules of Evidence 801/802. This Exhibit is
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`also objected to because it has not been properly authenticated as required
`
`by Federal Rule of Evidence 901.
`
`61. Petitioners’ Exhibit 1131 is objected to under Federal Rules of
`
`Evidence 402/403 because it is not relevant to any issue in the above-
`
`captioned proceedings. This Exhibit is also objected to as hearsay (subject to
`
`no exception) under Federal Rules of Evidence 801/802. This Exhibit is
`
`also objected to because it has not been properly authenticated as required
`
`by Federal Rule of Evidence 901.
`
`62. Petitioners’ Exhibit 1132 is objected to under Federal Rules of
`
`Evidence 402/403 because it is not relevant to any issue in the above-
`
`captioned proceedings.
`
`20
`
`
`
`
`
`
`
`
`63. Petitioners’ Exhibit 1133 is objected to under Federal Rules of
`
`Evidence 402/403 because it is not relevant to any issue in the above-
`
`captioned proceedings.
`
`64. Petitioners’ Exhibit 1134 is objected to under Federal Rules of
`
`Evidence 402/403 to the extent that it is relied upon for any teaching prior to
`
`August 20, 2009. This Exhibit is also objected to under Federal Rules of
`
`Evidence 402/403 because it is not relevant to any issue in the above-
`
`captioned proceedings. This Exhibit is also objected to as hearsay (subject to
`
`no exception) under Federal Rules of Evidence 801/802. This Exhibit is also
`
`objected to because it has not been properly authenticated as required by
`
`Federal Rule of Evidence 901.
`
`65. Portions of Petitioners’ Exhibit 1135 are objected to under
`
`Federal Rules of Evidence 402/403 because they are not relevant to any
`
`issue in the above-captioned proceedings.
`
`66. Petitioners’ Exhibit 1136 is objected to under Federal Rules of
`
`Evidence 402/403 because it relates to a separate judicial proceeding and is
`
`not relevant to any issue in the above-captioned proceedings.
`
`21
`
`
`
`67. Petitioners’ Exhibit 1137 is objected to under Federal Rules of
`
`Evidence 402/403 because it relates to a separate judicial proceeding and is
`
`not relevant to any issue in the above-captioned proceedings.
`
`68. Petitioners’ Exhibit 1138 is objected to under Federal Rules of
`
`Evidence 402/403 because it relates to a separate judicial proceeding and is
`
`not relevant to any issue in the above-captioned proceedings.
`
`69. Petitioners’ Exhibit 1139 is objected to under Federal Rules of
`
`Evidence 402/403 because it is not relevant to any issue in the above-
`
`captioned proceedings.
`
`22
`
`
`
`
`
`
`
`
`
`
`
`
`These objections have been timely made within five business days from the
`
`service of these exhibits, as required by 37 C.F.R. §42.64(b)(1).
`
`
`
`Date: March 16, 2016
`
`Respectfully submitted,
`
`
`
`
`
`
`
`
`
`
`/Elizabeth J. Holland/
`Elizabeth J. Holland
`Registration No. 47,657
`Goodwin Procter LLP
`The New York Times Building
`620 Eighth Avenue
`New York, NY 10019-1405
`P: 212-813-8800
`F: 212-355-3333
`EHolland@goodwinprocter.com
`
`Attorney For Patent Owner
`
`23
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that a copy of the foregoing PATENT
`
`OWNER’S OBJECTIONS TO EVIDENCE PURSUANT TO 37 C.F.R. §
`
`42.64 was served electronically via e-mail on March 16, 2016 on the following:
`
`Jeffrey W. Guise
`
`jguise@wsgr.com
`
`Brandon M. White
`
`BMWhite@perkinscoie.com
`
`Shannon Bloodworth
`
`sbloodworth@perkinscoie.com
`
`David Anstaett
`
`DAnstaett@perkinscoie.com
`
`Richard Torczon
`
`rtorczon@wsgr.com
`
`Vince Capuano
`
`vcapuano@duanemorris.com
`
`Christopher Kroon
`
`CSKroon@duanemorris.com
`
`/April E. Weisbruch/
`April E. Weisbruch
`
`
`
`Dated:
`
`March 16, 2016
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