`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`___________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________
`
`
`COALITION FOR AFFORDABLE DRUGS V LLC;
`HAYMAN CREDES MASTER FUND, L.P.;
`HAYMAN ORANGE FUND SPC – PORTFOLIO A;
`HAYMAN CAPITAL MASTER FUND, L.P.;
`HAYMAN CAPITAL MANAGEMENT, L.P.;
`HAYMAN OFFSHORE MANAGEMENT, INC.;
`HAYMAN INVESTMENTS, LLC;
`NXN PARTNERS, LLC;
`IP NAVIGATION GROUP, LLC;
`J KYLE BASS, and ERICH SPANGENBERG,
`Petitioner,
`
`v.
`
`BIOGEN MA INC.,
`Patent Owner.
`
`____________________________________________
`
`Case: IPR2015-01993
`U.S. Patent No. 8,399,514
`____________________________________________
`
`BIOGEN’S OBJECTIONS TO PETITIONER’S EXHIBITS
`
`
`
`
`
`
`
`Case No. IPR2015-01993
`Patent 8,399,514
`Pursuant to 37 C.F.R. § 42.64(b)(1), Patent Owner Biogen MA Inc. submits
`
`the following objections to Petitioner’s Exhibit Nos. 1002, 1004, 1006, 1022, 1029,
`
`1040, 1041, 1042, 1043, and 1044. Biogen’s objections apply equally to
`
`Petitioner’s reliance on these exhibits in any subsequently filed documents. These
`
`objections are timely, having been served within ten business days of the Board’s
`
`decision to institute a trial in this proceeding.
`
`Exhibit 1002
`
`Biogen objects to Exhibit 1002 under Fed. R. Evid. 106 because this Exhibit
`
`appears to be an abstract of a larger document. Biogen further objects to this
`
`Exhibit under Fed. R. Evid. 802. To the extent Petitioner relies on the contents of
`
`this Exhibit for the truth of the matter asserted, Biogen objects to such contents as
`
`inadmissible hearsay (see Rule 801) that does not fall under any exceptions,
`
`including those of Rules 803, 804, 805, and 807. Biogen also objects to this
`
`Exhibit under Fed. R. Evid. 901 as not being properly authenticated.
`
`Exhibit 1004
`
`Biogen objects to Exhibit 1004 under Fed. R. Evid. 802. To the extent
`
`Petitioner relies on the contents of this Exhibit for the truth of the matter asserted,
`
`Biogen objects to such contents as inadmissible hearsay (see Rule 801) that does
`
`not fall under any exceptions, including those of Rules 803, 804, 805, and 807.
`
`1
`
`
`
`Case No. IPR2015-01993
`Patent 8,399,514
`Biogen further objects to this Exhibit under Fed. R. Evid. 901 as not being properly
`
`authenticated.
`
`Exhibit 1006
`
`Biogen objects to Exhibit 1006 under Fed. R. Evid. 802. To the extent
`
`Petitioner relies on the contents of this Exhibit for the truth of the matter asserted,
`
`Biogen objects to such contents as inadmissible hearsay (see Rule 801) that does
`
`not fall under any exceptions, including those of Rules 803, 804, 805, and 807.
`
`Biogen further objects to this Exhibit under Fed. R. Evid. 901 as not being properly
`
`authenticated.
`
`Exhibit 1022
`
`Biogen objects to Exhibit 1022 under Fed. R. Evid. 802. To the extent
`
`Petitioner relies on the contents of this Exhibit for the truth of the matter asserted,
`
`Biogen objects to such contents as inadmissible hearsay (see Rule 801) that does
`
`not fall under any exceptions, including those of Rules 803, 804, 805, and 807.
`
`Biogen further objects to this Exhibit under Fed. R. Evid. 901 as not being properly
`
`authenticated.
`
`Exhibits 1029
`
`Biogen objects to Exhibit 1029 under Fed. R. Evid. 401-403 as lacking
`
`nexus to the grounds on which the Board has instituted inter partes review. In
`
`particular, this Exhibit does not make any fact more or less probable than it would
`
`2
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`
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`Case No. IPR2015-01993
`Patent 8,399,514
`be without the Exhibit. Moreover, this Exhibit is unfairly prejudicial, confuses the
`
`issues, misleads the factfinder, and is a waste of time. Biogen further objects to this
`
`Exhibit because Petitioner never relied on it in the Petition, explained with
`
`particularity where the subject matter of any of the challenged claims can be found
`
`in this Exhibit, stated the relevance of this Exhibit, and/or identified specific
`
`portions of this Exhibit that support the challenges in the Petition. 35 U.S.C.
`
`§ 312(a)(3); 37 C.F.R. §§ 42.104(b)(4), (b)(5).
`
`Exhibits 1040, 1041, 1042, and 1043
`
`Biogen objects to Exhibits 1040, 1041, 1042, and 1043 under Fed. R. Evid.
`
`802. To the extent Petitioner relies on the contents of these Exhibits for the truth of
`
`the matter asserted, Biogen objects to such contents as inadmissible hearsay (see
`
`Rule 801) that does not fall under any exceptions, including those of Rules 803,
`
`804, 805, and 807. Biogen further objects to these Exhibits under Fed. R. Evid. 901
`
`as not being properly authenticated.
`
`Exhibits 1044
`
`Biogen objects to Exhibit 1044 under Fed. R. Evid. 401-403 as lacking
`
`nexus to the grounds on which the Board has instituted inter partes review. In
`
`particular, this Exhibit does not make any fact more or less probable than it would
`
`be without the Exhibit. Moreover, this Exhibit is unfairly prejudicial, confuses the
`
`issues, misleads the factfinder, and is a waste of time. Biogen further objects to this
`
`3
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`
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`Case No. IPR2015-01993
`Patent 8,399,514
`Exhibit because Petitioner never relied on it in the Petition, explained with
`
`particularity where the subject matter of any of the challenged claims can be found
`
`in this Exhibit, stated the relevance of this Exhibit, and/or identified specific
`
`portions of this Exhibit that support the challenges in the Petition. 35 U.S.C.
`
`§ 312(a)(3); 37 C.F.R. §§ 42.104(b)(4), (b)(5).
`
`Dated: April 5, 2016
`
`
`
`Respectfully submitted,
`
`By: /Michael J. Flibbert /
`Michael J. Flibbert, Reg. No. 33,234
`Maureen D. Queler, Reg. No. 61,879
`Erin M. Sommers, Reg. No. 60,974
`Finnegan, Henderson, Farabow, Garrett
` & Dunner, LLP
`901 New York Avenue, NW
`Washington, DC 20001-4413
`(202) 408-4000
`
`Counsel for Patent Owner in
`IPR2015-01993
`
`4
`
`
`
`
`
`CERTIFICATE OF SERVICE
`The undersigned certifies that a copy of the foregoing BIOGEN’S
`
`OBJECTIONS TO PETITIONER’S EXHIBITS was served electronically via
`
`e-mail on April 5, 2016, in its entirety on the following:
`
`Robert W. Hahl
`Neifeld IP Law, PC, 4813-B Eisenhower Avenue,
`Alexandria, VA 22304
`rhahl@neifeld.com
`
`Robert Mihail
`Neifeld IP Law, PC, 4813-B Eisenhower Avenue,
`Alexandria, VA 22304
`rmihail@neifeld.com
`
`John K. Pike
`Neifeld IP Law, PC, 4813-B Eisenhower Avenue,
`Alexandria, VA 22304
`jkpike@neifeld.com
`
`general@neifeld.com
`
`James T. Carmichael
`Carmichael IP, PLLC, 8000 Towers Crescent Drive, 13th Floor,
`Tysons Corner, VA 22182
`jim@carmichaelip.com
`
`Petitioner has agreed to electronic service.
`
`
`
`Dated: April 5, 2016
`
`
`
`
`
`
`
`
`
`
`
`
`
`By: /Erin M. Sommers/
`Erin M. Sommers (Reg. No. 60,974)
`FINNEGAN, HENDERSON, FARABOW,
`GARRETT & DUNNER, LLP
`
`
`
`
`
`
`
`
`
`
`
`
`
`
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