`Patent 7,772,209
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`PATENT OWNER’S OBJECTIONS TO SUPPLEMENTAL EVIDENCE
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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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`SANDOZ INC.,
`Petitioner,
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`v.
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`ELI LILLY & COMPANY,
`Patent Owner.
`__________________
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`Case No: IPR2016-00318
`Patent No. 7,772,209
`__________________
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`Case IPR 2016-00318
`Patent 7,772,209
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`Patent Owner Eli Lilly & Company (“Lilly”) hereby objects pursuant to 37
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`C.F.R. § 42.64(b)(1) and the Federal Rules of Evidence (“FRE”) to the
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`admissibility of certain purported supplemental evidence served by Sandoz Inc.
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`(“Sandoz”) on July 12, 2016. Nothing contained herein shall be deemed to
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`withdraw any objections in Lilly’s Objections to Evidence previously served on
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`Sandoz on June 30, 2016.
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`The exhibits objected to, and grounds for Lilly’s objections, are listed below.
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`Lilly also objects to Petitioner’s reliance on or citations to any objected evidence in
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`its papers.
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`I.
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`IDENTIFICATION OF CHALLENGED EVIDENCE AND GROUNDS
`FOR OBJECTIONS
`A. Exhibit 1056
`Lilly objects to Exhibit 1056 for failing to comply with 37 C.F.R.
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`§ 42.63(b).
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` Exhibit 1059
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`B.
`Lilly objects to Exhibit 1059 under FRE 402 and 403 because it is irrelevant
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`and its probative value is substantially outweighed by the danger of wasting time in
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`this compressed proceeding. Exhibit 1059 purports to authenticate the “annexed”
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`file history of U.S. Patent No. 7,772,209 (“the ’209 patent”), but that file history is
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`not annexed to the exhibit. Exhibit 1059 is also irrelevant to the extent that it does
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`not cure the objections identified in Lilly’s Objections to Evidence of June 30,
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`Case IPR 2016-00318
`Patent 7,772,209
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`2016.
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`C. Exhibit 1060
`Lilly objects to Exhibit 1060, the declaration of Laura A. Lydigsen, as
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`containing inadmissible hearsay under FRE 801 and FRE 802. Exhibit 1060
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`purports to authenticate Exhibit 1024, which purports to be the file history of U.S.
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`Patent Application No. 11/288,807 (“the ’807 application”). Ms. Lydigsen avers
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`that a paralegal informed her that he obtained a copy of the ’807 application’s file
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`history. See Ex. 1060 ¶ 4. The paralegal’s statement to Ms. Lydigsen is an out-of-
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`court statement being offered to prove the truth of the matter asserted and is,
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`therefore, inadmissible hearsay under FRE 801 and 802. Lilly further objects to
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`Exhibit 1060 under FRE 402, 403, and 602 to the extent that Ms. Lydigsen
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`provides comments that are outside her personal knowledge or lack foundation.
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`See, e.g., Ex. 1060 ¶ 5.
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`Lilly further objects to Exhibit 1060 under FRE 402 and 403 as irrelevant
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`and wasting time in this compressed proceeding to the extent that it does not cure
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`the objections identified in Lilly’s Objections to Evidence of June 30, 2016. Lilly
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`further objects to Exhibit 1060 for failing to comply with 37 C.F.R. § 42.53.
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`Case IPR 2016-00318
`Patent 7,772,209
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`D. Exhibit 1061
`Lilly objects to Exhibit 1061 for failing to comply with 37 C.F.R. § 42.53.
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`Lilly further objects to Exhibit 1061 under FRE 402 and 403 as irrelevant and
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`wasting time in this compressed proceeding to the extent that it does not cure the
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`objections identified in Lilly’s Objections to Evidence of June 30, 2016.
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`Respectfully submitted,
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`/Dov P. Grossman/
`Dov P. Grossman
`Reg. No. 72,525
`Lead Counsel for
`Patent Owner
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`Williams & Connolly LLP
`725 Twelfth Street, N.W.
`Washington, D.C. 20005
`202-434-5812 (Telephone)
`202-434-5029 (Facsimile)
`dgrossman@wc.com
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`4
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`Date: July 19, 2016
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`Case IPR 2016-00318
`Patent 7,772,209
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`CERTIFICATE OF SERVICE
`(37 C.F.R. § 42.6(e))
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`The undersigned hereby certifies that the foregoing Patent Owner’s
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`Objections to Supplemental Evidence was served on July 19, 2016 by delivering a
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`copy via electronic mail on the following attorneys of record for the Petitioner:
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`Ralph J. Gabric
`Reg. No. 34,167
`rgabric@brinksgilson.com
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`Laura Lydigsen
`Pro hac vice
`llydigsen@brinksgilson.com
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`Brinks Gilson & Lione
`455 Cityfront Plaza Drive
`Suite 3600 NBC Tower
`Chicago, IL 60611-5599
`T: 312-321-4200; F: 312-321-4299
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`Bryan T. Richardson, Ph.D.
`Reg. No. 70,572
`brichardson@brinksgilson.com
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`Brinks Gilson & Lione
`4721 Emperor Blvd.
`Suite 220
`Durham, NC 27703-8580
`T: 919-998-5700; F: 919-998-5701
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`Date: July 19, 2016
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`/Dov P. Grossman/
`Dov P. Grossman
`Reg. No. 72,525
`Lead Counsel for Patent Owner
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