`
`____________________
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________________
`
`
`
`PHARMACOSMOS A/S,
`Petitioner,
`
`v.
`
`LUITPOLD PHARMACEUTICALS, INC.,
`Patent Owner.
`
`___________
`
`Case IPR2015-01490
`(Patent 7,754,702 B2)
`
`___________
`
`
`
`
`
`
`
`
`
`PATENT OWNER OBJECTIONS TO EVIDENCE
`
`
`
`IPR2015-01490 Patent Owner Objections to Evidence
`
`PATENT OWNER OBJECTIONS TO EVIDENCE
`Under 37 C.F.R. 42.64(b)(1), Patent Owner Luitpold objects to the following
`exhibits filed by Petitioner Pharmacosmos in support of its petition. These
`objections are timely; given the intervening federal holiday on January 18th and the
`winter storm shut down of the federal government in the District of Columbia on
`January 25th and 26th, they are being filed and served within ten business days of
`the January 8, 2016 decision to institute trial (Paper 11).
`The objections are based on the Federal Rules of Evidence (FRE) and the
`Board’s rules in Part 42 of 37 C.F.R. (Bd. R.):
`Exhibit 1002
`Bd. R. 41.61(a) and 42.63(b). This foreign language
`
`exhibit is not accompanied by an admissible translation
`
`and affidavit.
`Exhibit 1003
`FRE 602, 603, 604 and 701; Bd. R. 42.2, 42.61(a), and
`
`42.63(b). The translator has not been shown to have
`
`personal knowledge of the matters asserted and is not
`
`eligible to offer opinion testimony; the translator’s
`
`certification is not under oath; the translator has not been
`
`shown to be qualified; the exhibit does not qualify as an
`
`“affidavit.”
`Exhibit 1006
`FRE 801, 802. Hearsay and hearsay within hearsay.
`Exhibit 1024
`FRE 401, 402. Lack of relevance of this 2015 document.
`Exhibit 1025
`FRE 401, 402. Lack of relevance of this 2015 document.
`
`
`
`4811-2592-4652.2
`
`1
`
`
`
`IPR2015-01490 Patent Owner Objections to Evidence
`
`In light of these objections, Patent Owner likewise objects to any testimony
`
`or argument purporting to rely on the objected-to evidence.
`
`
`Respectfully submitted,
`
`
`
`Date: January 27, 2016
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/s/ George E. Quillin
`George E. Quillin
`Registration No. 32,792
`Michael D. Kaminski
`Registration No. 32,904
`Foley & Lardner LLP
`Counsel for Patent Owner
`
`4811-2592-4652.2
`
`2
`
`
`
`IPR2015-01490 Patent Owner Objections to Evidence
`
`
`CERTIFICATE OF SERVICE
`
`
`The undersigned hereby certifies that a copy of the foregoing PATENT
`OWNER OBJECTIONS TO EVIDENCE is being served on January 27, 2016 by
`filing through the Board’s Patent Review Processing System, and via email
`directed to counsel for the Petitioner at the following address:
`
`Lisa Kole
`Baker Botts L.L.P.
`lisa.kole@bakerbotts.com
`
`Steven Lendaris
`Baker Botts L.L.P.
`steven.lendaris@bakerbotts.com
`
`Paul Ragusa
`Baker Botts L.L.P.
`paul.ragusa@bakerbotts.com
`
`
`
`
`
`
`
`
`
`/s/ George E. Quillin
`George E. Quillin
`Registration No. 32,792
`Foley & Lardner LLP
`Counsel for Patent Owner
`
`
`
`Date: January 27, 2016
`
`
`
`
`
`
`
`
`
`4811-2592-4652.2
`
`
`
`
`
`3
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