`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`————————————————
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`————————————————
`
`MYLAN PHARMACEUTICALS INC. and
`AMNEAL PHARMACEUTICALS LLC
`
`Petitioners,
`
`v.
`
`YEDA RESEARCH & DEVELOPMENT CO. LTD.
`
`Patent Owner.
`
`————————————————
`
`Case No. IPR2015-00643 (8,232,250 B2)
`Case No. IPR2015-00644 (8,399,413 B2)
` Case No. IPR2015-00830 (8,969,302 B2)1,2
`
`————————————————
`
`PETITIONERS’ OBJECTIONS TO PATENT OWNER’S
`DEMONSTRATIVE EXHIBITS PURSUANT TO THE ORDER GRANTING
`REQUEST FOR ORAL ARGUMENT
`
`
`1 Case Nos. IPR2015-01976, IPR2015-01980 and IPR2015-01981 have been
`
`joined with these proceedings.
`
`2 Word-for-word identical Objections are being filed in each proceeding.
`
`
`
`
`
`
`
`Slides 4, 9 & 55: Patent Owner has not argued in its Response or declarations that
`
`earlier “failed attempts,” including by attempting an oral product and a non-GA
`
`product, TV-5010, support a finding of non-obviousness.
`
`Slides 31 & 78: Ex. 2076 is not cited in the Response or supporting declarations,
`
`and Ex. 2021 is not cited by Patent Owner in its Response or supporting
`
`declarations for the proposition on this slide.
`
`Slide 39: This slide is improperly argumentative and not supported by the record
`
`in arguing, without record support, that it is “undisputed” that a POSA would not
`
`look to Flechter to draw efficacy comparisons.
`
`Slide 64: This slide is misleading and improperly argumentative, and the use of
`
`“contradicted” in the title is misleading as the slide removes Dr. Peroutka’s
`
`testimony from its context.
`
`Slides 85, 86 & 95: These slides improperly present new arguments.
`
`Slide 113: This slide presents new argument Patent Owner did not make in its
`
`Response or expert declarations and is misleading and argumentative to the extent
`
`the title suggests the testimony relates to the POSA’s understanding.
`
`By making the objections above, Petitioners do not agree that the remainder
`
`of Patent Owner’s demonstratives are unobjectionable.
`
`
`
`
`
`1
`
`
`
`Dated: May 10, 2016
`
`
`
`
`
`/Brandon M. White/
`Brandon M. White
`Reg. No. 52,354
`Perkins Coie LLP
`700 13th St., NW, Suite 600
`Washington, D.C. 20005
`Telephone: (202) 654-6206
`E-mail: bmwhite@perkinscoie.com
`
`Attorney for Mylan Pharmaceuticals Inc.
`
`
`
`2
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that the foregoing PETITIONERS’
`OBJECTIONS TO PATENT OWNER’S DEMONSTRATIVE EXHIBITS
`PURSUANT TO THE ORDER GRANTING REQUEST FOR ORAL
`ARGUMENT was served electronically via email as follows:
`
`Patent Owners:
`
`Elizabeth Holland
`Goodwin Procter LLP
`eholland@goodwinprocter.com
`
`William James
`Goodwin Procter LLP
`wjames@goodwinprocter.com
`
`Eleanor Yost
`Goodwin Procter LLP
`eyost@goodwinprocter.com
`
`Petitioner Amneal Pharmaceuticals LLC:
`
`
`Vincent L. Capuano
`Duane Morris LLC
`VCapuano@duanemorris.com
`
`
`
`Dated: May 10, 2016
`
`Nicholas Mitrokostas
`Goodwin Procter LLP
`nmitrokostas@goodwinprocter.com
`
`Daryl Wiesen
`Goodwin Procter LLP
`dwiesen@goodwinprocter.com
`
`John Bennett
`Goodwin Procter LLP
`jbennett@goodwinprocter.com
`
`Christopher S. Kroon
`Duane Morris LLC
`CSKroon@duanemorris.com
`
`
`
`/Brandon M. White/
`Brandon M. White
`
`Attorney for Mylan Pharmaceuticals Inc
`
`
`
`1
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
