`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`COALITION FOR AFFORDABLE DRUGS VIII,
`LLC, Petitioner
`
`v.
`
`THE TRUSTEES OF THE UNIVERSITY OF
`PENNSYLVANIA
`Patent Owner
`
`Case No.: IPR2015-01835
`Patent No. 8,618,135
`
`PETITIONER’S OBJECTIONS UNDER 37 C.F.R. § 42.64
`TO EVIDENCE SUBMITTED BY PATENT OWNERS
`
`
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`
`
`
`
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`
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`
`Mail Stop Patent Board
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`Pursuant to 37 C.F.R. § 42.64(b)(1), Petitioner COALITION FOR
`
`AFFORDABLE DRUGS VIII, LLC. (“Petitioner”) objects to the admissibility
`
`of the following exhibits filed by Patent Owner.
`
`In this paper, a reference to “FRE” means the Federal Rules of Evidence,
`
`a reference to “CFR” means the Code of Federal Regulations.
`
`Petitioners’ objections are as follows:
`
`Exhibit Description
`2305
`Supplemental Declaration of Dr. Thomas A.
`Baillie, Ph.D., D.SC.
`
`Objection(s)
`J, Q
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`
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`
`
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`Objection Key:
`
`
`
`A:
`B:
`C:
`
`D:
`
`E:
`
`F:
`
`G:
`
`H:
`
`I:
`
`J:
`
`K:
`
`L:
`M
`N
`
`O
`
`P
`
`Q
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`FRE 802 (hearsay)
`FRE 901 (lacking authentication)
`FRE 402 (relevance) the document is not relevant to any issue in this IPR
`proceeding because the purported date of the document is after the filing
`date of the ’135 patent
`FRE 402 (relevance) to the extent the document is relied upon for secondary
`considerations of nonobviousness, there is no nexus to the claimed
`compositions and methods
`FRE 403 (confusing, waste of time) the document is not relevant to any
`issue in this IPR proceeding because the purported date of the document is
`after the filing date of the ’135 patent
`FRE 403 (confusing, waste of time) to the extent the document is relied
`upon for secondary considerations of nonobviousness, there is no nexus to
`the claimed compositions and methods
`FRE 702 (improper expert testimony) expert testimony that relies on the
`document is not based on sufficient facts or data and/or is not the product of
`reliable principles and methods
`FRE 703 (bases of expert opinion) expert testimony that relies on the
`document is unreliable because the document is not of a type reasonably
`relied upon by experts in the field
`FRE 106 (completeness) the document is incomplete and includes only a
`select portion of a larger document that in fairness should be considered
`along with this document
`FRE 701, 702 (improper expert testimony) improper expert testimony by a
`lay witness
`FRE 1001 (best evidence)
`
`FRE 403, 901 (improper compilation)
`FRE 403 (cumulative)
`
`FRE 402 (relevance) the document is not relevant to any issue in the IPR
`proceeding
`FRE 403 (confusing, waste of time) the document is not relevant to any
`issue in the IPR proceeding
`Previously filed paper. The document was already filed in the proceeding
`violating 37 C.F.R. § 42.6(d).
`Expert testimony fails to identify with particularity the underlying facts or
`
`
`
`
`
`
`
`R
`
`S
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`data on which the opinion is based violating 37 C.F.R. § 42.65(a)
`FRE 602 (lack of personal knowledge)
`
`FRE 702/703 to the extent that the expert declarant relies on an exhibit
`objected to under grounds G and H, the testimony is (i) not based on
`sufficient facts or data and/or is not the product of reliable principles and
`methods and/or is (ii) is unreliable because the exhibit is not of a type
`reasonably relied upon by experts in the field
`
`
`
`
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`
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`
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`CERTIFICATE OF SERVICE
`
`CERTIFICATE OF SERVICE
`
` The undersigned hereby certifies
`
`that
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`the foregoing PETITIONER’S
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`OBJECTIONS UNDER 37 C.F.R. § 42.64 TO EVIDENCE SUBMITTED BY
`
`PATENT OWNERS, were served on April 14, 2016 by delivering copies via
`
`electronic mail on the following attorneys of record for the Patent Owner.
`
`Lead Counsel
`William G. James
`(Reg. No. 55,931)
`GOODWIN PROCTER LLP
`901 New York Avenue NW
`Washington, DC 20001
`Tel: 202-346-4046
`Fax:202-346-4444
`wjames@goodwinprocter.com
`
`Backup Counsel
`Nicholas K. Mitrokostas
`(pro hac vice admission)
`GOODWIN PROCTER LLP
`Exchange Place
`53 State Street
`Boston, MA 02109-2881
`Tel: 617-570-1913
`Fax:617-523-1231
`nmitrokostas@goodwinprocter.com
`
`Cynthia Lambert Hardman
`(Reg. No. 53,179)
`GOODWIN PROCTER LLP
`The New York Times Building
`620 Eighth Avenue
`New York, NY 10018-1405
`Tel: 212-459-7295
`Fax:212-355-3333
`chardman@goodwinprocter.com
`
`
`
`
`
`Date: October 14, 2016
`
`Respectfully Submitted,
`
`/Christopher Casieri/
`Christopher Casieri (Reg. No. 50,919)
`McNeely Hare & War
`12 Roszel Road, Suite C104
`Princeton, NJ 08540
`(609) 731-3668
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