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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`FRESENIUS KABI USA LLC
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`Petitioner,
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`v.
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`CUBIST PHARMACEUTICALS LLC
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`Patent Owner.
`____________________________________________
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`Case: IPR2015-01571
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`Patent No. 8,058,238
`____________________________________________
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`PATENT OWNER’S OBJECTIONS TO EVIDENCE
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`PURSUANT TO 37 C.F.R. § 42.64
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`IPR2015-01571
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`Pursuant to 37 C.F.R. § 42.64, Patent Owner Cubist Pharmaceuticals LLC
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`(“Cubist”) presents the following objections to evidence served with the Petition of
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`Fresenius Kabi USA LLC (“Fresenius”).
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`Cubist objects to Exhibit 1005, Expert Declaration of Ralph Tarantino,
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`Ph.D. Cubist objects to this Exhibit generally as testimony on a topic on which the
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`declarant is not qualified to opine (FRE 702, 703). Cubist further objects to ¶¶ 61,
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`71, 73-74, 77, 99-100, 104, 134, 140-141, 144-147 and 149, as well as all
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`paragraphs that rely on the aforementioned paragraphs, as not being based on
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`sufficient facts or data, the product of reliable principles and methods, and/or a
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`reliable application of the principles and methods to the facts (FRE 702, 703, 705;
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`77 Fed. Reg. at 48,763; 37 C.F.R. § 42.65).
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`Respectfully submitted,
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`By: /Emily R. Whelan/
`Emily R. Whelan
`Reg. No. 50,391
`Wilmer Cutler Pickering Hale and Dorr LLP
`60 State Street
`Boston, MA 02109
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`1
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`Date: February 11, 2016
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`IPR2015-01571
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`CERTIFICATE OF SERVICE
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`I hereby certify that, on February 11, 2016, I caused a true and correct copy
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`of the following materials:
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` PATENT OWNER’S OBJECTIONS TO EVIDENCE
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`PURSUANT TO 37 C.F.R. § 42.64
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`to be served via electronic mail on the following attorneys of record:
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`Elizabeth J. Holland, Esq.
`eholland@goodwinprocter.com
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`Robert V. Cerwinski, Esq.
`rcerwinski@goodwinprocter.com
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`Cynthia L. Hardman, Esq.
`chardman@goodwinprocter.com
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`
`
`/Emily R. Whelan/
`Emily R. Whelan
`Reg. No. 50,391
`Wilmer Cutler Pickering Hale and Dorr LLP
`60 State Street
`Boston, MA 02109
`
`
`2
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