Case IPR2016-00286
`Patent 8,822,438 B2
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`
`Paper No. ___
`Date Filed: October 12, 2016
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`________________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________
`
`AMERIGEN PHARMACEUTICALS LIMITED, ARGENTUM
`PHARMACEUTICALS LLC,
`Petitioner
`v.
`JANSSEN ONCOLOGY, INC.,
`Patent Owner
`________________
`Case IPR2016-002861
`Patent 8,822,438 B2
`________________
`
`
`
`PETITIONERS’ OBJECTIONS TO EVIDENCE
`PURSUANT TO 37 C.F.R. § 42.64(b)(1)
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`
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`
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`
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`1 Case IPR2016-01317 has been joined with this proceeding.
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`
`Patent 8,822,438 B2
`
`
`Paper No. ___
`Date Filed: October 12, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`________________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________
`
`AMERIGEN PHARMACEUTICALS LIMITED, ARGENTUM
`PHARMACEUTICALS LLC,
`Petitioner
`v.
`JANSSEN ONCOLOGY, INC.,
`Patent Owner
`________________
`Case IPR2016-002861
`Patent 8,822,438 B2
`________________
`
`
`
`PETITIONERS’ OBJECTIONS TO EVIDENCE
`PURSUANT TO 37 C.F.R. § 42.64(b)(1)
`
`
`
`
`
`
`
`
`1 Case IPR2016-01317 has been joined with this proceeding.
`
`
`
`Case IPR2016-00286
`Patent 8,822,438 B2
`
`
`Pursuant to 37 C.F.R. § 42.64(b)(1), Petitioners Amerigen Pharmaceuticals
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`Limited and Argentum Pharmaceuticals LLC (collectively, “Petitioners”) object
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`under the Federal Rules of Evidence to the admissibility of the documents
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`identified below submitted by Patent Owner, Janssen Oncology, Inc. (“Janssen”),
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`in the Patent Owner’s Response in this inter partes review.
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`Petitioners’ objections are timely under 37 C.F.R. § 42.64(b)(1) because
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`they are being filed and served within five (5) business days of the filing of Patent
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`Owner’s Response on October 4, 2016, Paper No. 33. Petitioners’ objections
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`provide notice to Janssen that Petitioners may move to exclude these exhibits
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`under 37 C.F.R. § 42.64(c).
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`1.
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`Petitioners object to JSN 2005 because it has not been properly
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`authenticated as required by Fed. R. Evid. 901/902. Petitioners further object to
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`this exhibit under Fed. R. Evid. 402/403 to the extent it is relied upon as prior art
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`under 35 USC §102. This exhibit is further objected to under Fed. R. Evid.
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`402/403 because it is not relevant to any issue in this case. This exhibit is further
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`objected to as hearsay pursuant to Fed. R. Evid. 801/802/803. This exhibit
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`contains out-of-court statements by non-parties that Janssen apparently seeks to
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`use to prove the truth of the matter asserted, and Janssen does not provide any
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`basis for the Patent Trial and Appeal Board to conclude that they fall within any
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`hearsay exception.
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`Case IPR2016-00286
`Patent 8,822,438 B2
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`2.
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`Petitioners object to JSN 2006 because it has not been properly
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`authenticated as required by Fed. R. Evid. 901/902. Petitioners further object to
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`this exhibit under Fed. R. Evid. 402/403 to the extent it is relied upon as prior art
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`under 35 USC §102. This exhibit is further objected to under Fed. R. Evid.
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`402/403 because it is not relevant to any issue in this case. This exhibit is further
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`objected to as hearsay pursuant to Fed. R. Evid. 801/802/803. This exhibit
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`contains out-of-court statements by non-parties that Janssen apparently seeks to
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`use to prove the truth of the matter asserted, and Janssen does not provide any
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`basis for the Patent Trial and Appeal Board to conclude that they fall within any
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`hearsay exception.
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`3.
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`Petitioners object to JSN 2009 pursuant to Fed. R. Evid. 402/403 to
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`the extent it is relied upon as prior art under 35 USC 102. This exhibit is further
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`objected to pursuant to Fed. R. Evid. 402/403 because it is not relevant to any issue
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`in this case.
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`4.
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`Petitioners object to JSN 2013 because it has not been properly
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`authenticated as required by Fed. R. Evid. 901/902. This exhibit is further objected
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`to pursuant to Fed. R. Evid. 402/403 to the extent it is relied upon as prior art under
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`35 USC 102. This exhibit is further objected to pursuant to Fed. R. Evid. 402/403
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`because it is not relevant to any issue in this case. This exhibit is further objected
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`to as hearsay pursuant to Fed. R. Evid. 801/802/803. This exhibit contains out-of-
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`
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`Case IPR2016-00286
`Patent 8,822,438 B2
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`court statements by non-parties that Janssen apparently seeks to use to prove the
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`truth of the matter asserted, and Janssen does not provide any basis for the Patent
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`Trial and Appeal Board to conclude that they fall within any hearsay exception.
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`5.
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`Petitioners object to JSN 2014 pursuant to Fed. R. Evid. 402/403 to
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`the extent it is relied upon as prior art under 35 USC 102.
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`6.
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`Petitioners object to JSN 2015 pursuant to Fed. R. Evid. 402/403 to
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`the extent it is relied upon as prior art under 35 USC 102.
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`7.
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`Petitioners object to JSN 2016 pursuant to Fed. R. Evid. 402/403 to
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`the extent it is relied upon as prior art under 35 USC 102.
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`8.
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`Petitioners object to JSN 2017 pursuant to Fed. R. Evid. 402/403 to
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`the extent it is relied upon as prior art under 35 USC 102.
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`9.
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`Petitioners object to JSN 2019 because it has not been properly
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`authenticated as required by Fed. R. Evid. 901/902. This exhibit is further objected
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`to pursuant to Fed. R. Evid. 402/403 to the extent it is relied upon as prior art under
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`35 USC 102. This exhibit is further objected to pursuant to Fed. R. Evid. 402/403
`
`because it is not relevant to any issue in this case. This exhibit is further objected
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`to as hearsay pursuant to Fed. R. Evid. 801/802/803. This exhibit contains out-of-
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`court statements by non-parties that Janssen apparently seeks to use to prove the
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`
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`Case IPR2016-00286
`Patent 8,822,438 B2
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`truth of the matter asserted, and Janssen does not provide any basis for the Patent
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`Trial and Appeal Board to conclude that they fall within any hearsay exception.
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`10. Petitioners object to JSN 2026 pursuant to Fed. R. Evid. 402/403 to
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`the extent it is relied upon as prior art under 35 USC 102. This exhibit is further
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`objected to pursuant to Fed. R. Evid. 402/403 because it is not relevant to any issue
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`in this case.
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`11. Petitioners object to Appendices B, E, E-1, and E-2 of JSN 2044 as
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`lacking foundation as required by Fed. R. Evid. 1006 because the underlying facts
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`or data from which these exhibit(s) were prepared have not been explained and
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`there is not a sufficient factual basis for these exhibits. Petitioners further object to
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`these exhibits under FRE 901/902 for lack of proper authentication and foundation
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`and pursuant to FRE 702 because the factual bases and circumstances surrounding
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`the preparation of these exhibits have not been explained.
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`12. Petitioners object to JSN 2050 pursuant to Fed. R. Evid. 402/403 to
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`the extent it is relied upon as prior art under 35 USC 102. This exhibit is further
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`objected to because it has not been properly authenticated as required by Fed. R.
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`Evid. 901/902. This Exhibit is further objected to under Fed. R. Evid. 106 as
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`incomplete.
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`Case IPR2016-00286
`Patent 8,822,438 B2
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`13. Petitioners object to JSN 2058 pursuant to Fed. R. Evid. 402/403 to
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`the extent it is relied upon as prior art under 35 USC 102. To the extent that this
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`exhibit is not prior art, this exhibit is further objected to under Fed. R. Evid.
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`402/403 because it is not relevant to any issue in this case. This exhibit is further
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`objected to under Fed. R. Evid. 106 as incomplete.
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`14. Petitioners object to JSN 2073 because it has not been properly
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`authenticated as required by Fed. R. Evid. 901/902. This exhibit is further objected
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`to pursuant to Fed. R. Evid. 402/403 to the extent it is relied upon as prior art under
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`35 USC 102. This exhibit is further objected to pursuant to Fed. R. Evid. 402/403
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`because it is not relevant to any issue in this case. This exhibit is further objected
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`to as hearsay pursuant to Fed. R. Evid. 801/802/803. This exhibit contains out-of-
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`court statements by non-parties that Janssen apparently seeks to use to prove the
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`truth of the matter asserted, and Janssen does not provide any basis for the Patent
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`Trial and Appeal Board to conclude that they fall within any hearsay exception.
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`This exhibit is further objected to under Fed. R. Evid. 106 as incomplete.
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`15. Petitioner object to JSN 2074 because it has not been properly
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`authenticated as required by Fed. R. Evid. 901/902. This exhibit is further objected
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`to pursuant to Fed. R. Evid. 402/403 to the extent it is relied upon as prior art under
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`35 USC 102. This exhibit is further objected to pursuant to Fed. R. Evid. 402/403
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`because it is not relevant to any issue in this case. This exhibit is further objected
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`
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`Case IPR2016-00286
`Patent 8,822,438 B2
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`to as hearsay pursuant to Fed. R. Evid. 801/802/803. This exhibit contains out-of-
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`court statements by non-parties that Janssen apparently seeks to use to prove the
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`truth of the matter asserted, and Janssen does not provide any basis for the Patent
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`Trial and Appeal Board to conclude that they fall within any hearsay exception.
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`This exhibit is further objected to under Fed. R. Evid. 106 as incomplete.
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`16. Petitioners object to JSN 2075 because it has not been properly
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`authenticated as required by Fed. R. Evid. 901/902. This exhibit is further objected
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`to pursuant to Fed. R. Evid. 402/403 to the extent it is relied upon as prior art under
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`35 USC 102. This exhibit is further objected to pursuant to Fed. R. Evid. 402/403
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`because it is not relevant to any issue in this case. This exhibit is further objected
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`to as hearsay pursuant to Fed. R. Evid. 801/802/803. This exhibit contains out-of-
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`court statements by non-parties that Janssen apparently seeks to use to prove the
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`truth of the matter asserted, and Janssen does not provide any basis for the Patent
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`Trial and Appeal Board to conclude that they fall within any hearsay exception.
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`This exhibit is further objected to under Fed. R. Evid. 106 as incomplete.
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`17. Petitioners object to JSN 2076 pursuant to Fed. R. Evid. 402/403 to
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`the extent it is relied upon as prior art under 35 USC 102. This exhibit is further
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`objected to pursuant to Fed. R. Evid. 402/403 because it is not relevant to any issue
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`in this case.
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`Case IPR2016-00286
`Patent 8,822,438 B2
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`18. Petitioners object to JSN 2077 because it has not been properly
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`authenticated as required by Fed. R. Evid. 901/902. This exhibit is further objected
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`to pursuant to Fed. R. Evid. 402/403 to the extent it is relied upon as prior art under
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`35 USC 102. This exhibit is further objected to pursuant to Fed. R. Evid. 402/403
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`because it is not relevant to any issue in this case. This exhibit is further objected
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`to as hearsay pursuant to Fed. R. Evid. 801/802/803. This exhibit contains out-of-
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`court statements by non-parties that Janssen apparently seeks to use to prove the
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`truth of the matter asserted, and Janssen does not provide any basis for the Patent
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`Trial and Appeal Board to conclude that they fall within any hearsay exception.
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`This exhibit is further objected to under Fed. R. Evid. 106 as incomplete.
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`19. Petitioners object to JSN 2078 because it has not been properly
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`authenticated as required by Fed. R. Evid. 901/902. This exhibit is further objected
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`to pursuant to Fed. R. Evid. 402/403 to the extent it is relied upon as prior art under
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`35 USC 102. This exhibit is further objected to pursuant to Fed. R. Evid. 402/403
`
`because it is not relevant to any issue in this case. This exhibit is further objected
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`to as hearsay pursuant to Fed. R. Evid. 801/802/803. This exhibit contains out-of-
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`court statements by non-parties that Janssen apparently seeks to use to prove the
`
`truth of the matter asserted, and Janssen does not provide any basis for the Patent
`
`Trial and Appeal Board to conclude that they fall within any hearsay exception.
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`This exhibit is further objected to under Fed. R. Evid. 106 as incomplete.
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`Case IPR2016-00286
`Patent 8,822,438 B2
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`20. Petitioners object to JSN 2079 pursuant to Fed. R. Evid. 402/403 to
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`the extent it is relied upon as prior art under 35 USC 102. This exhibit is further
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`objected to pursuant to Fed. R. Evid. 402/403 because it is not relevant to any issue
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`in this case.
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`21. Petitioners object to JSN 2080 pursuant to Fed. R. Evid. 402/403 to
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`the extent it is relied upon as prior art under 35 USC 102. This exhibit is further
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`objected to pursuant to Fed. R. Evid. 402/403 because it is not relevant to any issue
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`in this case.
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`22. Petitioners object to JSN 2081 because it has not been properly
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`authenticated as required by Fed. R. Evid. 901/902. This exhibit is further objected
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`to pursuant to Fed. R. Evid. 402/403 to the extent it is relied upon as prior art under
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`35 USC 102. This exhibit is further objected to pursuant to Fed. R. Evid. 402/403
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`because it is not relevant to any issue in this case. This exhibit is further objected
`
`to as hearsay pursuant to Fed. R. Evid. 801/802/803. This exhibit contains out-of-
`
`court statements by non-parties that Janssen apparently seeks to use to prove the
`
`truth of the matter asserted, and Janssen does not provide any basis for the Patent
`
`Trial and Appeal Board to conclude that they fall within any hearsay exception.
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`This exhibit is further objected to under Fed. R. Evid. 106 as incomplete.
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`
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`Case IPR2016-00286
`Patent 8,822,438 B2
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`23. Petitioners object to JSN 2082 because it has not been properly
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`authenticated as required by Fed. R. Evid. 901/902. This exhibit is further objected
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`to pursuant to Fed. R. Evid. 402/403 to the extent it is relied upon as prior art under
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`35 USC 102. This exhibit is further objected to pursuant to Fed. R. Evid. 402/403
`
`because it is not relevant to any issue in this case. This exhibit is further objected
`
`to as hearsay pursuant to Fed. R. Evid. 801/802/803. This exhibit contains out-of-
`
`court statements by non-parties that Janssen apparently seeks to use to prove the
`
`truth of the matter asserted, and Janssen does not provide any basis for the Patent
`
`Trial and Appeal Board to conclude that they fall within any hearsay exception.
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`This exhibit is further objected to under Fed. R. Evid. 106 as incomplete.
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`24. Petitioners object to JSN 2083 because it has not been properly
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`authenticated as required by Fed. R. Evid. 901/902. This exhibit is further objected
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`to pursuant to Fed. R. Evid. 402/403 to the extent it is relied upon as prior art under
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`35 USC 102. This exhibit is further objected to pursuant to Fed. R. Evid. 402/403
`
`because it is not relevant to any issue in this case. This exhibit is further objected
`
`to as hearsay pursuant to Fed. R. Evid. 801/802/803. This exhibit contains out-of-
`
`court statements by non-parties that Janssen apparently seeks to use to prove the
`
`truth of the matter asserted, and Janssen does not provide any basis for the Patent
`
`Trial and Appeal Board to conclude that they fall within any hearsay exception.
`
`This exhibit is further objected to under Fed. R. Evid. 106 as incomplete.
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`
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`Case IPR2016-00286
`Patent 8,822,438 B2
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`25. Petitioners object to JSN 2084 because it has not been properly
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`authenticated as required by Fed. R. Evid. 901/902. This exhibit is further objected
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`to pursuant to Fed. R. Evid. 402/403 to the extent it is relied upon as prior art under
`
`35 USC 102. This exhibit is further objected to pursuant to Fed. R. Evid. 402/403
`
`because it is not relevant to any issue in this case. This exhibit is further objected
`
`to as hearsay pursuant to Fed. R. Evid. 801/802/803. This exhibit contains out-of-
`
`court statements by non-parties that Janssen apparently seeks to use to prove the
`
`truth of the matter asserted, and Janssen does not provide any basis for the Patent
`
`Trial and Appeal Board to conclude that they fall within any hearsay exception.
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`This exhibit is further objected to under Fed. R. Evid. 106 as incomplete.
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`26. Petitioners object to JSN 2089 because it has not been properly
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`authenticated as required by Fed. R. Evid. 901/902. This exhibit is further objected
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`to pursuant to Fed. R. Evid. 402/403 to the extent it is relied upon as prior art under
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`35 USC 102. This exhibit is further objected to pursuant to Fed. R. Evid. 402/403
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`because it is not relevant to any issue in this case. JSN 2089 is unclear on its face
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`as to whether it is a government publication. To the extent this exhibit is not a
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`government publication, this exhibit is further objected to as hearsay pursuant to
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`Fed. R. Evid. 801/802/802. This exhibit contains out-of-court statements by non-
`
`parties that Janssen apparently seeks to use to prove the truth of the matter
`
`asserted, and Janssen does not provide any basis for the Patent Trial and Appeal
`
`
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`Case IPR2016-00286
`Patent 8,822,438 B2
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`Board to conclude that they fall within any hearsay exception. This exhibit is
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`further objected to under Fed. R. Evid. 106 as incomplete.
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`27. Petitioners object to JSN 2091 pursuant to Fed. R. Evid. 402/403 to
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`the extent it is relied upon as prior art under 35 USC 102. This exhibit is further
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`objected to pursuant to Fed. R. Evid. 402/403 because it is not relevant to any issue
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`in this case because any general knowledge in the art gained from JSN 2091 is
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`irrelevant to the general knowledge in the art at the time of filing of the application
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`resulting in the ‘438 Patent. This exhibit is further objected to because any
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`probative value is substantially outweighed by the danger of confusing the issues
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`under Federal Rule of Evidence 403.
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`28. Petitioners object to JSN 2092 pursuant to Fed. R. Evid. 402/403 to
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`the extent it is relied upon as prior art under 35 USC 102. This exhibit is further
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`objected to pursuant to Fed. R. Evid. 402/403 because it is not relevant to any issue
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`in this case. This exhibit is further objected to because any probative value is
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`substantially outweighed by the danger of confusing the issues under Federal Rule
`
`of Evidence 403.
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`29. Petitioners object to JSN 2093 pursuant to Fed. R. Evid. 402/403 to
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`the extent it is relied upon as prior art under 35 USC 102. This exhibit is further
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`objected to pursuant to Fed. R. Evid. 402/403 because it is not relevant to any issue
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`Case IPR2016-00286
`Patent 8,822,438 B2
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`in this case. This exhibit is further objected to because any probative value is
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`substantially outweighed by the danger of confusing the issues under Federal Rule
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`of Evidence 403
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`30. Petitioners object to JSN 2094 pursuant to Fed. R. Evid. 402/403 to
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`the extent it is relied upon as prior art under 35 USC 102. This exhibit is further
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`objected to pursuant to Fed. R. Evid. 402/403 because it is not relevant to any issue
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`in this case. This exhibit is further objected to because any probative value is
`
`substantially outweighed by the danger of confusing the issues under Federal Rule
`
`of Evidence 403.
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`31. Petitioners object to JSN 2095 pursuant to Fed. R. Evid. 402/403 to
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`the extent it is relied upon as prior art under 35 USC 102. This exhibit is further
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`objected to pursuant to Fed. R. Evid. 402/403 because it is not relevant to any issue
`
`in this case. This exhibit is further objected to because any probative value is
`
`substantially outweighed by the danger of confusing the issues under Federal Rule
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`of Evidence 403. This Exhibit is further objected to under Fed. R. Evid. 106 as
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`incomplete. Petitioners further object to this exhibit as lacking foundation as
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`required by Fed. R. Evid. 1006 because Janssen has not disclosed the underlying
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`facts or data from which this exhibit was prepared and Janssen has not put forth
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`sufficient factual basis for this exhibit. Petition further objects under FRE 901/902
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`for lack of proper authentication and foundation and pursuant to FRE 702 because
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`Case IPR2016-00286
`Patent 8,822,438 B2
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`the factual basis and circumstances surrounding the preparation of this exhibit has
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`not been explained. This exhibit is further objected to as hearsay pursuant to Fed.
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`R. Evid. 801/802/802. This exhibit contains out-of-court statements by non-parties
`
`that Janssen apparently seeks to use to prove the truth of the matter asserted, and
`
`Janssen does not provide any basis for the Patent Trial and Appeal Board to
`
`conclude that they fall within any hearsay exception.
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`32. Petitioners object to JSN 2096 pursuant to Fed. R. Evid. 402/403 to
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`the extent it is relied upon as prior art under 35 USC 102. This Exhibit is further
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`objected to under Fed. R. Evid. 106 as incomplete. This Exhibit is further objected
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`to under FRE 901/902 for lack of proper authentication and foundation and
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`pursuant to FRE 702 because the factual basis and circumstances surrounding the
`
`preparation of this exhibit has not been explained.
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`33. Petitioners object to JSN 2097 pursuant to Fed. R. Evid. 901/902
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`because it has not been properly authenticated. This exhibit is further objected to
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`pursuant to Fed. R. Evid. 402/403 to the extent it is relied upon as prior art under
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`35 USC 102. This exhibit is further objected to pursuant to Fed. R. Evid. 402/403
`
`because it is not relevant to any issue in this case. This Exhibit is further objected
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`to under Fed. R. Evid. 106 as incomplete. Pursuant to Fed. R. Evid. 801/802/803,
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`this exhibit is further objected to as hearsay. This exhibit contains out-of-court
`
`statements by non-parties that Janssen apparently seeks to use to prove the truth of
`
`
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`Case IPR2016-00286
`Patent 8,822,438 B2
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`the matter asserted, and Janssen does not provide any basis for the Patent Trial and
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`Appeal Board to conclude that they fall within any hearsay objection.
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`34. Petitioners object to JSN 2098 pursuant to Fed. R. Evid. 901/902
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`because it has not been properly authenticated. This exhibit is further objected to
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`pursuant to Fed. R. Evid. 402/403 to the extent it is relied upon as prior art under
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`35 USC 102. This exhibit is further objected to pursuant to Fed. R. Evid. 402/403
`
`because it is not relevant to any issue in this case. This Exhibit is further objected
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`to under Fed. R. Evid. 106 as incomplete.
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`35. Petitioners object to JSN 2099 pursuant to Fed. R. Evid. 402/403 to
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`the extent it is relied upon as prior art under 35 USC 102.
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`36. Petitioners object to JSN 2100 pursuant to Fed. R. Evid. 402/403 to
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`the extent it is relied upon as prior art under 35 USC 102. This exhibit is further
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`objected to pursuant to Fed. R. Evid. 402/403 because it is not relevant to any issue
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`in this case because any general knowledge in the art gained from JSN 2100 is
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`irrelevant to the general knowledge in the art at the time of filing of the application
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`resulting in the ‘438 Patent. This exhibit is further objected to under Federal Rule
`
`of Evidence 403 because any probative value is substantially outweighed by the
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`danger of confusing the issues. This Exhibit is further objected to under Fed. R.
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`Case IPR2016-00286
`Patent 8,822,438 B2
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`Evid. 106 as incomplete. This Exhibit is further objected to pursuant to Fed. R.
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`Evid. 901/902 because it has not been properly authenticated.
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`37. Petitioners object to JSN 2101 pursuant to Fed. R. Evid. 402/403 to
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`the extent it is relied upon as prior art under 35 USC 102. This exhibit is further
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`objected to pursuant to Fed. R. Evid. 402/403 because it is not relevant to any issue
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`in this case. Pursuant to Fed. R. Evid. 801/802/803, this exhibit is further objected
`
`to as hearsay. This exhibit contains out-of-court statements by non-parties that
`
`Janssen apparently seeks to use to prove the truth of the matter asserted, and
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`Janssen does not provide any basis for the Patent Trial and Appeal Board to
`
`conclude that they fall within any hearsay objection.
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`38. Petitioners object to JSN 2102 pursuant to Fed. R. Evid.901/902
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`because it has not been properly authenticated. This exhibit is further objected to
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`pursuant to Fed. R. Evid. 402/403 to the extent it is relied upon as prior art under
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`35 USC 102. This exhibit is further objected to pursuant to Fed. R. Evid. 402/403
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`because it is not relevant to any issue in this case. This Exhibit is further objected
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`to under Fed. R. Evid. 106 as incomplete.
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`39. Petitioners object to JSN 2103 pursuant to Fed. R. Evid. 901/902 to
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`because it has not been properly authenticated. This exhibit is further objected to
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`pursuant to Fed. R. Evid. 402/403 to the extent it is relied upon as prior art under
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`Case IPR2016-00286
`Patent 8,822,438 B2
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`35 USC 102. This exhibit is further objected to pursuant to Fed. R. Evid. 402/403
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`because it is not relevant to any issue in this case. This Exhibit is further objected
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`to under Fed. R. Evid. 106 as incomplete. Pursuant to Fed. R. Evid. 801/802/803,
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`this exhibit is further objected to as hearsay. This exhibit contains out-of-court
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`statements by non-parties that Janssen apparently seeks to use to prove the truth of
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`the matter asserted, and Janssen does not provide any basis for the Patent Trial and
`
`Appeal Board to conclude that they fall within any hearsay exception.
`
`40. Petitioners object to JSN 2104 pursuant to Fed. R. Evid. 901/902 to
`
`because it has not been properly authenticated. This exhibit is further objected to
`
`pursuant to Fed. R. Evid. 402/403 to the extent it is relied upon as prior art under
`
`35 USC 102. This exhibit is further objected to pursuant to Fed. R. Evid. 402/403
`
`because it is not relevant to any issue in this case because any general knowledge
`
`in the art gained from this exhibit is irrelevant to the general knowledge in the art
`
`at the time of filing of the application resulting in the ‘438 Patent. This Exhibit is
`
`further objected to under Fed. R. Evid. 106 as incomplete.
`
`41. Petitioners object to JSN 2105 pursuant to Fed. R. Evid. 901/902 to
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`because it has not been properly authenticated. This exhibit is further objected to
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`pursuant to Fed. R. Evid. 402/403 to the extent it is relied upon as prior art under
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`35 USC 102. This exhibit is further objected to pursuant to Fed. R. Evid. 402/403
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`because it is not relevant to any issue in this case because any general knowledge
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`
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`Case IPR2016-00286
`Patent 8,822,438 B2
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`in the art gained from this exhibit is irrelevant to the general knowledge in the art
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`at the time of filing of the application resulting in the ‘438 Patent. This Exhibit is
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`further objected to under Fed. R. Evid. 106 as incomplete.
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`42. Petitioners object to JSN 2106 pursuant to Fed. R. Evid. 901/902 to
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`because it has not been properly authenticated. This exhibit is further objected to
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`pursuant to Fed. R. Evid. 402/403 to the extent it is relied upon as prior art under
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`35 USC 102. This Exhibit is further objected to under Fed. R. Evid. 106 as
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`incomplete.
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`43. Petitioners object to JSN 2107 pursuant to Fed. R. Evid. 901/902 to
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`because it has not been properly authenticated. This exhibit is further objected to
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`pursuant to Fed. R. Evid. 402/403 to the extent it is relied upon as prior art under
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`35 USC 102. This Exhibit is further objected to under Fed. R. Evid. 106 as
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`incomplete.
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`44. Petitioners object to JSN 2108 pursuant to Fed. R. Evid. 901/902 to
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`because it has not been properly authenticated. This exhibit is further objected to
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`pursuant to Fed. R. Evid. 402/403 to the extent it is relied upon as prior art under
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`35 USC 102. This Exhibit is further objected to under Fed. R. Evid. 106 as
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`incomplete.
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`
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`Case IPR2016-00286
`Patent 8,822,438 B2
`
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`45. Petitioners object to JSN 2109 pursuant to Fed. R. Evid. 402/403 to
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`the extent it is relied upon as prior art under 35 USC 102. This exhibit is further
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`objected to pursuant to Fed. R. Evid. 402/403 because it is not relevant to any issue
`
`in this case because any general knowledge in the art gained from this exhibit is
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`irrelevant to the general knowledge in the art at the time of filing of the application
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`resulting in the ‘438 Patent. This exhibit is further objected to under Federal Rule
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`of Evidence 403 because any probative value is substantially outweighed by the
`
`danger of confusing the issues.
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`46. Petitioners object to JSN 2110 pursuant to Fed. R. Evid. 402/403 to
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`the extent it is relied upon as prior art under 35 USC 102.
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`47. Petitioners object to paragraphs in the Patent Owner’s Response and
`
`Declarations in Support of Janssen’s Patent Owner Response (JSN 2038, JSN
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`2040, JSN 2042, JSN 2044) that rely on exhibits objected to in this Petitioners’
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`Objection to Evidence.
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`Dated: October 12, 2016
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`
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`Respectfully submitted,
`
`/William D. Hare/
`William D. Hare
`Reg. No. 44,739
`Gabriela Materassi
`Reg. No. 47,774
`MCNEELY HARE & WAR LLP
`12 Roszel Road, Suite C104
`Princeton, NJ 08540
`Counsel for Petitioner Amerigen
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`
`
`Case IPR2016-00286
`Patent 8,822,438 B2
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`
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`
`
`Teresa Stanek Rea
`Reg. No. 30,427
`Shannon Lentz
`Reg. No. 65,382
`CROWELL & MORING LLP
`Intellectual Property Group
`P.O. Box 14300
`Washington, DC 20044-4300
`Counsel for Petitioner Argentum
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`
`
`Case IPR2016-00286
`Patent 8,822,438 B2
`
`
`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that the foregoing Petitioners’ Objections
`
`to Evidence Pursuant to 37 C.F.R. § 42.64(b)(1) to Patent Owner’s Response for
`this proceeding were served on October 12, 2016 by delivering copies via
`electronic mail on the following attorneys of record for the Patent Owner:
`
`Diane B. Elderkin
`Barbara L. Mullin
`Ruben Munoz
`JANS-ZYTIGA@akingump.com
`David T. Pritikin
`Bindu Donovan
`ZytigaIPRTeam@sidley.com
`
`
`
`Date: October 12, 2016
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`Respectfully submitted,
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`/William D. Hare/
`William D. Hare
`Reg. No. 44,739
`12 Roszel Road, Suite C104
`Princeton, NJ 08540
`(202) 640-1801
`bill@miplaw.com
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