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`Entered: March 2, 2016
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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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`MALLINCKRODT HOSPITAL PRODUCTS IP LTD.,
`Patent Owner
`_______________________
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`Case IPR2015-00891
`U.S. Patent No. 8,573,210 B2
`_______________________
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`Before KEN B. BARRETT, MICHAEL J. FITZPATRICK, AND
`SCOTT A. DANIELS, Administrative Patent Judges.
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`PATENT OWNER’S OBJECTIONS TO EVIDENCE SUBMITTED WITH
`PETITIONER’S REPLY TO PATENT OWNER’S RESPONSE
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`Case IPR2015-00891
`U.S. Patent No. 8,573,210
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`Under 37 C.F.R. § 42.64(b)(1), Patent Owner Mallinckrodt Hospital
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`Products IP Ltd. (“Patent Owner”) submits the following objections to evidence
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`submitted by Praxair Distribution, Inc. (“Petitioner”). Petitioner’s objections apply
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`equally to Petitioner’s reliance on this evidence in any subsequently-filed
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`documents or further proceedings in this matter. These objections are timely,
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`having been served within five business days of service of Petitioner’s Reply to
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`Patent Owner’s Response (Paper 40) in this proceeding.
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`Notwithstanding these objections, Patent Owner expressly reserves the right
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`to rely on any evidence submitted by Petitioner, including on the ground that such
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`evidence constitutes a party admission.
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`Objections
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`Exhibit 1021
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`Patent Owner objects to Exhibit 1021 to the extent that it is irrelevant to this
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`proceeding and/or unfairly prejudicial. See Fed. R. Evid. 401-403. Patent Owner
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`further objects to Exhibit 1023 to the extent that it constitutes hearsay. See Fed. R.
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`Evid. 801-803.
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`Exhibit 1022
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`Patent Owner objects to Exhibit 1022 to the extent that it is not an accurate
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`transcription of the deposition of Warren P. Heim. Mr. Heim has not yet signed
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`the transcript from his deposition in this matter.
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`1
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`Case IPR2015-00891
`U.S. Patent No. 8,573,210
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`Exhibit 1023
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`Patent Owner objects to Exhibit 1023 to the extent that it is irrelevant to this
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`proceeding and/or unfairly prejudicial. See Fed. R. Evid. 401-403. Patent Owner
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`further objects to Exhibit 1023 to the extent that it is unauthenticated and/or
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`constitutes hearsay. See Fed. R. Evid. 801-803, 901.
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`Exhibit 1024
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`Patent Owner objects to Exhibit 1024 to the extent that it is irrelevant to this
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`proceeding and/or unfairly prejudicial. See Fed. R. Evid. 401-403. Patent Owner
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`further objects to Exhibit 1024 to the extent that it is unauthenticated and/or
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`constitutes hearsay. See Fed. R. Evid. 801-803, 901. Patent Owner further objects
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`to Exhibit 1024 to the extent it violates the Best Evidence Rule. See Fed. R. Evid.
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`Respectfully submitted,
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`By: /Robert Steinberg/
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`Robert Steinberg (Reg. No. 33,144)
`bob.steinberg@lw.com
`Latham & Watkins LLP
`355 South Grand Avenue
`Los Angeles, CA 90071-1560
`213.485.1234; 213.891.8763 (Fax)
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`Daniel G. Brown (Reg. No. 54,005)
`daniel.brown@lw.com
`Latham & Watkins LLP
`885 Third Avenue
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`1002.
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`Dated: March 2, 2016
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`Case IPR2015-00891
`U.S. Patent No. 8,573,210
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`New York, NY 10022-4834
`212.906.1200; 212.751.4864 (Fax)
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`Counsel for Patent Owner
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`Case IPR2015-00891
`U.S. Patent No. 8,573,210
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6(e), I certify that on this 2nd day of March,
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`2016, a true and correct copy of the foregoing Patent Owner’s Objections to
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`Evidence Submitted With Petitioner’s Reply to Patent Owner’s Response was
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`served by electronic mail on Petitioner’s lead and backup counsel at the following
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`email addresses:
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`sanjay.murthy@klgates.com
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`sara.kerrane@klgates.com
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`benjamin.weed@klgates.com
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`michael.abernathy@klgates.com
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`margaux.nair@klgates.com
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`maria.doukas@klgates.com
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`Praxair-Ikaria@klgates.com
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`By: /Robert Steinberg/
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`Robert Steinberg (Reg. No. 33,144)
`bob.steinberg@lw.com
`Latham & Watkins LLP
`355 South Grand Avenue
`Los Angeles, CA 90071-1560
`213.485.1234; 213.891.8763 (Fax)