`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`COALITION FOR AFFORDABLE DRUGS X LLC,
`Petitioner,
`
`ANACOR PHARMACEUTICALS, INC.,
`Patent Owner.
`
`Case No. IPR2015—01776
`
`Patent No. 7,582,621
`
`PATENT OWNER’S OBJECTIONS TO PETITIONER’S
`
`DEMONSTRATIVES
`
`DC: 6260249-3
`
`
`
`IPR2015—01776
`
`Pursuant to the Board’s Trial Hearing Order (Paper 59), Patent Owner
`conferred with Petitioner, and hereby provides a listing of objections to Petitioner’s
`
`demonstratives.
`
`The argument in the third bullet on Slides 72 and 73 is not supported by the
`
`cited evidence, the cited evidence is not evidence on which Petitioner is permitted
`
`to rely, and the argument is not present in the petition (Paper 1) or reply (Paper
`
`47).
`
`The testimony at EX. 2033, 188:12—189:18 in Slides 72 and 73 is cross-
`
`examination testimony of Petitioner’s own witness, Dr. Kahl. The cited cross-
`
`examination testimony of Dr. Kahl is impermissible because it does not support the
`
`content of the third bullet on Slides 72 and 73, and the citation mischaracterizes the
`
`record. St. Jude Medical, Cardiology Division, Inc. v. The Board of Regents of the
`
`University ofMichigan, IPR2013-00041 (PTAB Jan. 27, 2014) (Paper 65, p. 3).
`
`The cross—eXamination testimony at EX. 2033, 188:12-189:18 is not cited in
`
`the petition or reply, nor was the subject matter of this testimony, much less how it
`
`relates to the argument in the third bullet on Slides 72 and 73, otherwise previously
`
`presented or discussed in the petition or reply. “The final oral hearing is not an
`
`opportunity for a party to expand upon its reliance on declaration testimony, in a
`
`manner not already previously presented.” CBS Interactive Inc. v. Helferich
`
`PatentLicensing, LLC, IPR2013—00033 (PTAB Oct. 23, 2013) (Paper 118, p. 5).
`
`
`
`IPR2015-01776
`
`
`Date: October 31 2016
`
`Respectfully submitted,
`
`
`
`Andrea G. Reister
`
`Registration No. 36,253
`
`COVINGTON & BURLING LLP
`
`One CityCenter, 850 Tenth Street, NW
`
`Washington, DC 20001
`
`(202) 662-6000
`
`Attorney for Patent Owner
`
`
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6, I hereby certify that on this 31st day of October
`
`2016, the foregoing Patent Owner’s Objections to Petitioner’s Demonstratives was
`
`served by electronic mail, by agreement of the parties, on the following counsel of
`
`record for petitioner.
`
`Jeffrey D. Blake
`Kathleen E. Ott
`
`Peter A. Gergely
`Ryan James Fletcher
`Brent E. Routman
`
`Merchant & Gould PC
`
`KerydinIPR@merchantgould.com
`
`‘E!/‘(I
`
`Date:October31,2016
`
`an
`
`he
`
`{
`
`Reg. No.: 36,253
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