`Lead counsel: James T. Carmichael, Reg. No. 45,306
`Backup counsel: Carol A. Spiegel, Reg. No. 68,033
`Carmichael IP, PLLC
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`Paper No. __
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________
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`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 FUND, L.P.;
`HAYMAN OFFSHORE MANAGEMENT, INC.;
`HAYMAN INVESTMENTS, LLC;
`NXN PARTNERS, LLC;
`IP NAVIGATION GROUP, LLC;
`J KYLE BASS, and ERICH SPANGENBERG,
`Petitioners,
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`v.
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`BIOGEN MA INC.,
`Patent Owner.
`____________________
`
`Case IPR2015-01993
`Patent 8,399,514 B2
`____________________
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`PETITIONER SUBSTITUTE LIST OF PROPOSED MOTIONS
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`Case No. IPR2015-01993
`U.S. Patent 8,399,514 B2
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`Pursuant to the Scheduling Order of 22 March 2016 (Paper 21), Petitioners
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`submit the following list of proposed motions for which they intend to request
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`authorization during the initial conference call on 19 April 2016. See e.g., 37
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`C.F.R. §42.21(a); Trial Practice Guide, 77 Fed. Reg. 48756, 48765.
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`Petitioner Proposed Motion 1 to Exclude Evidence. Pursuant to 37
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`C.F.R. §42.64, Petitioner moves to exclude the Rule 132 Declarations of Dr.
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`Katherine Dawson (contained at pages 14-35 of Exhibit 1007) and of Dr. Richard
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`A. Rudick (Exhibit 2011), which were submitted during ex parte prosecution of
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`application 13/372,426 (which issued as patent 8,399,514) insofar as they are
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`relied upon for secondary considerations of nonobviousness under FRE 401-403.
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`Petitioner also moves to exclude Kappos 2005 poster presentation Exhibit 2005 as
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`presented by Patent Owner because Patent Owner’s presentation lacks
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`authentication and contains hearsay under FRE 403, 802, 901 and 902. Petitioner
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`also moves to exclude program extracts Exhibits 2006-2008 and 2013 under FRE
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`401-403 since Patent Owner has failed to explain why these exhibits are being
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`relied upon in its Preliminary Response.
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`Objections to the above exhibits were timely filed 5 April 2016 (Paper 23).
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`Petitioner Proposed Contingent Motion 2 to Cross-Examine Drs.
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`Dawson and/or Rudick. Pursuant to 37 C.F.R. §42.52, Petitioner moves to cross-
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`examiner Drs. Dawson and/or Rudick if Patent Owner places the Dawson/Rudick
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`2
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`testimony in evidence as part of its opposition on the merits as a showing of
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`Case No. IPR2015-01993
`U.S. Patent 8,399,514 B2
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`unexpected results.
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`Petitioner Proposed Motion 3 Opposing Benefit of Provisional
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`Application 60/888,921. Petitioner moves to deny Patent Owner benefit of the 8
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`February 2008 filing date of its provisional application 60/888.
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`Although Petitioner does not presently contemplate filing additional
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`motions, Petitioner reserves the right to seek subsequent authorization for motions
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`consistent with the relevant rules.
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`Dated: 15 April 20116
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`Respectfully submitted,
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`By: /James T. Carmichael
`James T. Carmichael, Reg. No. 45,306
`CARMICHAEL IP, PLLC
`8000 Towers Crescent Drive, Ste. 1350
`Tel: (703) 646-9246
`jim@carmichaelip.com
`Counsel for Petitioner
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`Case No. IPR2015-01993
`U.S. Patent 8,399,514 B2
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`37 C.F.R. §42.6(e) CERTIFICATE OF SERVICE
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`The undersigned certifies that a copy of the foregoing PETITIONER LIST
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`OF PROPOSED MOTIONS was served on April 15, 2016, via electronic mail
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`directed to counsel of record for the Patent Owner at the following:
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`Michael J. Flibbert
`Maureen D. Queler
`Erin M. Sommers
`Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
`901 New York Avenue, NW
`Washington, DC 20001-4413
`michael.flibbert@finnegan.com
`maureen.queler@finnegan.com
`erin.sommers@finnegan.com
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`Patent Owner has agreed to electronic service.
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`Dated: 15 April 2016
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`By:
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`/Carol A. Spiegel /
`Carol A. Spiegel, Reg. No. 68,033
`CARMICHAEL IP, PLLC
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`4
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