`Filed: April 14, 2016
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`__________________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________
`INNOPHARMA LICENSING, INC., INNOPHARMA LICENSING LLC,
`INNOPHARMA INC., INNOPHARMA LLC,
`MYLAN PHARMACEUTICALS INC., and MYLAN INC.,
`LUPIN LTD., and LUPIN PHARMACEUTICALS INC.,
`Petitioner
`v.
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`SENJU PHARMACEUTICAL CO., LTD., BAUSCH & LOMB, INC., and
`BAUSCH & LOMB PHARMA HOLDINGS CORP.,
`Patent Owner
`_________________
`Case IPR2015-00902 (Patent 8,669,290)
`Case IPR2015-00903 (Patent 8,129,431)*
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`_________________
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`JOINT LIST OF OBJECTIONS TO DEMONSTRATIVES
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`* IPR2015-01871 has been joined with this proceeding.
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`Case IPR2015-00902 (Patent 8,669,290)
`Case IPR2015-00903 (U.S. Patent 8,129,431)
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`Patent Owner’s Objections: Patent Owner objects to the following slides.
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`PTX-10 mischaracterizes the cited references and uses them in a manner that is
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`entirely unsupported by the record. PTX-15, 19-26, 30 reflect new arguments on
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`motivation to combine that exceed the proper scope of a Reply and could have
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`been made in the Petition, see IPR2015-00902, Paper 65, IPR2015-00903, Paper
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`59 and references to new arguments in slides are also improper. PTX-9-18 reflect
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`a new argument and theory of nonobviousness relying on Ogawa in view of Fu,
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`which is not a ground of unpatentability in the Petition or the Institution Decision,
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`and should be struck, under Dell, Inc. v. Acceleron, LLC, No. 2015-1513, -1514,
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`slip op. at 14-15 (Fed. Cir. Mar. 11, 2016).
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`Petitioner’s Objections: Slides 20-31, 45, 59-61, 65, 66, 68, 85, 86, 90, 91,
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`110, 111, 117, 120-122, 125, and 126 constitute new attorney arguments and/or
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`briefing. Slides 22-31, 41, 45, 95, 110, 111, 112, 114, and 124 are misleading
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`and/or mischaracterize the record. Slides 75 and 125 are not supported by the
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`purported source or citation to the record. Slides 96, 110, 111, and 127 contain
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`new characterizations that are outside the scope of the record. Petitioner also
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`objects to the voluminous demonstratives as “setting forth various statements,
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`characterizations, and assertions [that] go beyond serving as visual aids, as they
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`constitute additional briefings themselves.” CBS Interactive Inc. v. Helferich
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`Patent Licensing, LLC, Case IPR2013-00033 (PTAB Oct. 23, 2013) (Paper 118).
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`2
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`Case IPR2015-00902 (Patent 8,669,290)
`Case IPR2015-00903 (U.S. Patent 8,129,431)
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`Respectfully submitted,
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`FINNEGAN, HENDERSON,
`FARABOW, GARRETT & DUNNER
`LLP
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`By: /Bryan C. Diner/
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`Bryan C. Diner, Lead Counsel
`Reg. No. 32,409
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`Counsel for Patent Owner
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`
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`Date: April 14, 2016
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`ALSTON & BIRD LLP
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`
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`By: /Jitendra Malik/
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`Jitendra Malik, Lead Counsel
`Reg. No. 55823
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`Counsel for Petitioners
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`Case IPR2015-00902 (Patent 8,669,290)
`Case IPR2015-00903 (U.S. Patent 8,129,431)
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a copy of the foregoing Joint List of
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`Objections to Demonstratives was served on April 14, 2016, via email directed to
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`counsel of record for the Petitioner at the following:
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`Jitendra Malik
`jitty.malik@alston.com
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`Bryan Skelton
`bryan.skelton@alston.com
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`Lance Soderstrom
`lance.soderstrom@alston.com
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`Hidetada James Abe
`James.abe@alston.com
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`Joseph Janusz
`joe.janusz@alston.com
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`Deborah Yellin
`dyellin@crowell.com
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`Jonathan Lindsay
`jlindsay@crowell.com
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`Shannon Lentz
`slentz@crowell.com
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`Date: April 14, 2016
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`Case IPR2015-00902 (Patent 8,669,290)
`Case IPR2015-00903 (U.S. Patent 8,129,431)
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`/Ashley F. Cheung/
`Ashley Cheung
`Case Manager
`
`Finnegan, Henderson, Farabow, Garrett &
`Dunner, LLP
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