`Patent Owners’ Objections to Evidence
`Filed on behalf of Patent Owners Genentech, Inc. and City of Hope by:
`
`David L. Cavanaugh
`Reg. No. 36,476
`Heather M. Petruzzi
`Reg. No. 71,270
`Owen K. Allen
`Reg. No. 71,118
`Robert J. Gunther, Jr.
`Pro Hac Vice To Be Filed
`WilmerHale
`1875 Pennsylvania Ave., NW
`Washington, DC 20006
`
`
`Adam R. Brausa
`Reg. No. 60,287
`Daralyn J. Durie
`Pro Hac Vice To Be Filed
`Durie Tangri LLP
`217 Leidesdorff Street
`San Francisco, CA 94111
`
`
`Jeffrey P. Kushan
`Reg. No. 43,401
`Sidley Austin LLP
`1501 K Street, N.W.
`Washington, D.C.
`20005
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________________________________________
`
`MYLAN PHARMACEUTICALS INC.,
`Petitioner,
`
`v.
`
`GENENTECH, INC. AND CITY OF HOPE,
`Patent Owners.
`____________________________________________
`
`Case IPR2016-00710
`U.S. Patent 6,331,415
`____________________________________________
`
`PATENT OWNERS’ OBJECTIONS TO EVIDENCE
`PURSUANT TO 37 C.F.R. § 42.64
`
`
`
`
`
`
`
`
`
`IPR2016-00710
`Patent Owners’ Objections to Evidence
`
`
`Pursuant to 37 C.F.R. § 42.64, Patent Owners Genentech, Inc. and City of
`
`Hope serve the following objections to evidence served with the Petition of Mylan
`
`Pharmaceuticals Inc. (“Petitioner”).
`
`Genentech/City of Hope object to Exhibit 1006, Declaration of Jefferson
`
`Foote, Ph.D., in Support of Sanofi-Aventis U.S. LLC and Regeneron’s Petition for
`
`Inter Partes Review of U.S. Patent No. 6,331,415. Genentech/City of Hope
`
`specifically object to ¶¶ 25, 42-47, 52-60, 67, 68, 70-73, 78, 80, 84, 90-93, 97, 100-
`
`104, 106, 107, 109-14, and all paragraphs that rely on those paragraphs as
`
`inadmissible hearsay (FRE 802); and ¶¶ 25, 42, 43, 47, 49, 52-53 & n.6, 56-60, 63-
`
`73, 76, 78-80, 83-84, 87-97, 99-114, and all paragraphs that rely on those
`
`paragraphs as lacking a disclosed basis of sufficient facts or data (FRE 705; 37
`
`C.F.R. § 42.65), not being based on sufficient facts or data, the product of reliable
`
`principles and methods, and/or a reliable application of the principles and methods
`
`to the facts (FRE 702, 703), and being misleading and/or confusing (FRE 403).
`
`Genentech/City of Hope object to Exhibit 1044, ReoPro® Prescribing
`
`Information, as irrelevant (FRE 402), misleading and/or confusing (FRE 403),
`
`lacking authentication (FRE 901), and inadmissible hearsay (FRE 802).
`
`Genentech/City of Hope object to Exhibit 1045, Genentech v. Centocor, No.
`
`94-01379 (N.D. Cal.), Affidavit of John Ghrayeb, Ph.D., as inadmissible hearsay
`
`(FRE 802), lacking a disclosed basis of sufficient facts or data (FRE 705; 37
`- 1 -
`
`
`
`
`
`
`
`IPR2016-00710
`Patent Owners’ Objections to Evidence
`
`
`C.F.R. § 42.65), not being based on sufficient facts or data, the product of reliable
`
`principles and methods, and/or a reliable application of the principles and methods
`
`to the facts (FRE 702, 703), and containing improper expert testimony by a lay
`
`witness (FRE 701).
`
`Genentech/City of Hope object to Exhibit 1059, Declaration of Kathryn
`
`Calame, Ph.D. In Support of Mylan Pharmaceuticals Inc.’s Petition for Inter Partes
`
`Review of U.S. Patent No. 6,331,415. Genentech/City of Hope specifically object
`
`to ¶ 16, in which Dr. Calame states “I fully agree with, and hereby adopt, the
`
`opinions set forth in the Foote Declaration,” for the same reasons set forth supra
`
`for Exhibit 1006 (Dr. Foote’s Declaration).
`
`
`
`Date: September 22, 2016
`
`
`
`Respectfully submitted,
`
`/David L. Cavanaugh/
`David L. Cavanaugh
`Registration No. 36,476
`Counsel for Patent Owners
`
`
`WILMER CUTLER PICKERING HALE AND DORR LLP
`1875 PENNSYLVANIA AVENUE NW
`WASHINGTON, DC 20006
`TEL: 650-600-5036
`FAX: 650-858-6100
`EMAIL: david.cavanaugh@wilmerhale.com
`
`- 2 -
`
`
`
`
`
`
`
`IPR2016-00710
`Patent Owners’ Objections to Evidence
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that, on September 22, 2016, I caused a true and correct
`copy of the foregoing materials:
`
`
` Patent Owners’ Objections to Evidence Pursuant to 37 C.F.R. §
`42.64
`
`to be served via electronic mail on the following attorneys of record:
`
`Deanne M. Mazzochi
`Paul J. Molino
`William A. Rakoczy
`Eric Hunt
`Rakoczy Molino Mazzochi Siwik LLP
`6 West Hubbard Street, Suite 500
`Chicago, Illinois 60654
`dmazzochi@rmmslegal.com
`paul@rmmslegal.com
`wrakoczy@rmmslegal.com
`ehunt@rmmslegal.com
`Mylan_IPR_Service@rmmslegal.com
`
`
`
`/Owen K. Allen/
`Owen K. Allen
`Reg. No. 71,118
`Wilmer Cutler Pickering Hale and Dorr LLP
`950 Page Mill Road
`Palo Alto, CA 94304
`(650)600-5029
`
`- 3 -
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
