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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`SANDOZ INC.,
`APOTEX INC., APOTEX CORP.,
`EMCURE PHARMACEUTICALS LTD.,
`HERITAGE PHARMA LABS INC.,
`HERITAGE PHARMACEUTICALS INC.,
`GLENMARK PHARMACEUTICALS, INC., USA,
`GLENMARK HOLDING SA,
`GLENMARK PHARMACEUTICALS, LTD., MYLAN
`LABORATORIES LIMITED, TEVA PHARMACEUTICALS USA, INC.,
`FRESENIUS KABI USA, LLC, and WOCKHARDT BIO AG,
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`Petitioners
`
`v .
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`ELI LILLY AND COMPANY,
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`Patent Owner.
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`Case IPR2016-003181
`U.S. Patent 7,772,209
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`PETITIONER SANDOZ INC.’S OBJECTIONS TO
`PATENT OWNER’S EVIDENCE
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`1 Cases IPR2016-01429, IPR2016-01393, and IPR2016-01340 have been joined
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`with the instant proceeding.
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`Petitioner Sandoz Inc. (“Sandoz”) hereby objects pursuant to 37 C.F.R.
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`§ 42.64(b)(1) and the Federal Rules of Evidence to the admissibility of the
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`purported evidence listed below, which was served by Eli Lilly and Company
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`(“Lilly”) in connection with its Patent Owner’s Sur-Reply and Motions for
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`Observations on February 14, 2017, in IPR2016-00318. Sandoz further objects to
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`Lilly’s reliance on and citations to the evidence subject to the following objections.
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`I.
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`Exhibit 2132 (Ross Transcript)
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`Sandoz objects to Exhibit 2132 under Fed. R. Evid. 106, 401, 402, and 403
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`as an incomplete and inaccurate copy of the deposition transcript of Dr. David
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`Ross as it omits Dr. Ross’s errata sheet, which was properly served on
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`February 13, 2017.
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`II. Exhibit 2136 (Schiff Transcript)
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`Sandoz objects to Exhibit 2136 under Fed. R. Evid. 106, 401, 402, and 403
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`as an incomplete and inaccurate copy of the deposition transcript of Dr. Ronald
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`Schiff as it omits Dr. Schiff’s errata sheet, which was properly served on February
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`20, 2017.
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`III. Exhibit 2137 (Stover Transcript)
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`Sandoz objects to Exhibit 2137 under Fed. R. Evid. 106, 401, 402, and 403
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`as an incomplete and inaccurate copy of the deposition transcript of Dr. Patrick
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`Stover as it omits Dr. Stover’s errata sheet, which was properly served on February
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`1
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`20, 2017, and because Patent Owner has not filed all exhibits introduced at the
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`deposition.
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`Dated: February 22, 2017
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`Respectfully submitted,
`/s/ Ralph J. Gabric
`Ralph J. Gabric (Reg. No. 34,167)
`Laura L. Lydigsen
`Bryan T. Richardson, Ph.D. (Reg. No.
`70,572)
`Joshua H. James (Reg. No. 72,568)
`Brinks Gilson & Lione
`NBC Tower – Suite 3600
`455 N. Cityfront Plaza Dr.
`Chicago, Illinois 60611
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`2
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`
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`CERTIFICATE OF SERVICE
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`I hereby certify that true and correct copies of the foregoing document were
`served on February 22, 2017, via email to the following individuals at the email
`addresses below.
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`Dov P. Grossman (Reg. No. 72,525)
`Williams & Connolly LLP
`725 Twelfth St. NW
`Washington DC 20005
`Direct Phone: 202-434-5812
`Facsimile: 202-434-5029
`dgrossman@wc.com
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`David M. Krinsky (Reg. No. 72,339)
`Williams & Connolly LLP
`725 Twelfth St. NW
`Washington DC 20005
`Direct Phone: 202-434-5338
`Facsimile: 202-480-8302
`dkrinsky@wc.com
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`Adam L. Perlman
`Williams & Connolly LLP
`725 Twelfth St. NW
`Washington DC 20005
`Direct Phone: 202-434-5244
`aperlman@wc.com
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`James P. Leeds (Reg. No. 35,241)
`Eli Lilly and Company
`Lilly Corporate Center
`Indianapolis, IN 46285
`Direct Phone: 317-276-1667
`Facsimile: 317-277-6534
`leeds_james@lilly.com
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`John C. Demeter (Reg. No. 30,167)
`Eli Lilly and Company
`Lilly Corporate Center
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`/s/ Ralph J. Gabric
`Ralph J. Gabric (Reg. No. 34,167)
`Laura L. Lydigsen
`Bryan T. Richardson, Ph.D. (Reg. No.
`70,572)
`Joshua H. James (Reg. No. 72,568)
`Brinks Gilson & Lione
`NBC Tower – Suite 3600
`455 N. Cityfront Plaza Dr.
`Chicago, Illinois 60611
`
`Indianapolis, IN 46285
`Direct Phone: 317-276-3785
`Facsimile: 317-276-3861
`Email: demeter_john_c@lilly.com
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