`
`____________________
`
`
`
`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)
`
`___________
`
`
`
`
`
`OBJECTIONS TO PETITIONER’S REPLY AND OPPOSITION EVIDENCE
`
`
`
`
`
`
`
`
`
`
`IPR2015-01490 Objections to Petitioner’s Evidence
`
`OBJECTIONS TO PETITIONER’S REPLY AND OPPOSITION EVIDENCE
`Under 37 C.F.R. 42.64(b)(1), Patent Owner Luitpold objects to the following
`
`exhibits recently served by Petitioner Pharmacosmos . These objections are being
`
`timely filed and served within five business days of the June 20, 2016 service of
`
`Petitioner’s evidence in support of its reply brief and its opposition to Patent
`
`Owner’s motion to amend.
`
`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 No.
`
`Exhibit 1055
`
`Exhibit 1056
`
`Exhibit 1057
`
`Objection
`
`FRE 401, 402, 801, 802. Lack of relevance of this purported
`
`2015 document. Hearsay and hearsay within hearsay.
`
`FRE 401, 402, 801, 802. Lack of relevance of this purported
`
`2015 document. Hearsay and hearsay within hearsay.
`
`FRE 401, 402, 801, 802. Lack of relevance of this purported
`
`2014 document; hearsay.
`
`FRE 401, 402, 801, 802, 901. Lack of relevance; hearsay; lack
`
`Exhibit 1059
`
`of authentication. No witness testifies about any relevance of
`
`this purported 2016 document or how it supposedly bears on the
`
`4852-8982-1236.1
`
`1
`
`
`
`IPR2015-01490 Objections to Petitioner’s Evidence
`
`Exhibit No.
`
`Objection
`
`amended claims, nor about its content or authenticity.
`
`FRE 401, 402, 801, 802, 901. Lack of relevance of this
`
`Exhibit 1060
`
`purported 2011 document; hearsay; lack of authentication (for
`
`example, no witness testifies about the authenticity of this
`
`document).
`
`FRE 401, 402, 801, 802, 901. Lack of relevance of this
`
`Exhibit 1061
`
`purported 2016 printout; hearsay; lack of authentication (for
`
`example, no witness testifies about the authenticity of this
`
`document).
`
`FRE 401, 402, 801, 802. Lack of relevance and hearsay; no
`
`Exhibit 1062
`
`witness testifies about the relevance or content of this 1999
`
`document.
`
`FRE 401, 402, 801, 802, 901. Lack of relevance of this
`
`Exhibit 1063
`
`purported 2016 article ; hearsay; lack of authentication (for
`
`example, no witness testifies about the authenticity of this
`
`document).
`
`Exhibit 1065
`
`FRE 401, 402, 801, 802. Lack of relevance; hearsay (for
`
`4852-8982-1236.1
`
`2
`
`
`
`IPR2015-01490 Objections to Petitioner’s Evidence
`
`Exhibit No.
`
`Objection
`
`example, no witness testifies about the alleged relevance or the
`
`content of this document).
`
`
`
`
`
`In light of these objections, Patent Owner likewise objects to any testimony
`
`or argument purporting to rely on the objected-to evidence.
`
`
`
`
`
`
`
`Date: June 27, 2016
`
`
`
`Respectfully submitted,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/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
`
`
`
`
`
`4852-8982-1236.1
`
`3
`
`
`
`IPR2015-01490 Objections to Petitioner’s Evidence
`
`
`CERTIFICATE OF SERVICE
`
`
`The undersigned hereby certifies that a copy of the foregoing OBJECTIONS
`TO PETITIONER’S REPLY AND OPPOSITION EVIDENCE is being served on
`June 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: June 27, 2016
`
`
`
`
`
`
`
`
`
`4852-8982-1236.1
`
`
`
`
`
`4
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