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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`WOCKHARDT BIO AG,
`Petitioner
`
`v.
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`JANSSEN ONCOLOGY, INC.,
`Patent Owner
`________________________
`
`Case IPR2016-01582
`U.S. Patent No. 8,822,438
`________________________
`
`PETITIONER’S OBJECTIONS TO PATENT OWNER’S
`EVIDENCE UNDER 37 U.S.C. § 42.64(b)(1)
`
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`
`
`IPR2016-01582
`
`U.S. Patent No. 8,822,438
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`Petitioner Wockhardt Bio AG objects under the Federal Rules of Evidence
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`(“FRE”) and 37 C.F.R. § 42.64(b)(1) to the admissibility of the following evidence
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`submitted by Patent Owner, Janssen Oncology, Inc., before trial was instituted.
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`These objections are made within 10 business days from the January 19, 2017
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`Decision to Institute (Paper 28). Petitioner serves Patent Owner with these
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`objections to provide notice to Patent Owner that Petitioner may move to exclude
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`the challenged exhibit under 37 C.F.R. § 42.64(c), unless Patent Owner cures the
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`defects identified herein.
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`
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`Exhibit 2002 (public version Exhibit 2005)
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`Exhibit 2002 (public version Exhibit 2005) purports to be correspondence
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`between Ms. Jennifer Reda of Johnson & Johnson and Dr. Vipin Dhanorkar of
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`Wockhardt. Petitioner objects to this document as inadmissible under FRE 408,
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`which prohibits the use of compromise offers and negotiations in certain situations.
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`To the extent Patent Owner relies on the contents of this document for the truth of
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`the matter asserted, Petitioner objects to such contents as inadmissible hearsay
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`under FRE 801 and 802 that does not fall under any exceptions, including those of
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`FRE 803, 804, 805 or 807.
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`1
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`Exhibit 2003 (public version Exhibit 2004)
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`IPR2016-01582
`U.S. Patent No. 8,822,438
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`Exhibit 2003 (public version Exhibit 2004) is the declaration of Ms. Jennifer
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`Reda, signed on November 15, 2016. Petitioner objects to this document as
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`inadmissible under FRE 408, which prohibits the use of compromise offers and
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`negotiations in certain situations. To the extent Patent Owner relies on the contents
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`of ¶¶ 5 and 9 for the truth of the matter asserted, Petitioner objects to such contents
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`as inadmissible hearsay under FRE 801 and 802 that does not fall under any
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`exceptions, including those of FRE 803, 804, 805 or 807.
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`Respectfully submitted,
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`STERNE, KESSLER, GOLDSTEIN & FOX PLLC
`
`
`
`
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`Date: February 2, 2017
`1100 New York Avenue, N.W.
`Washington, DC 20005
`(202) 371-2600
`
`
` f
`Dennies Varughese
`Registration No. 61,868
`Attorney for Petitioner
`
`2
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`
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`IPR2016-01582
`
`U.S. Patent No. 8,822,438
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`CERTIFICATION OF SERVICE (37 C.F.R. § 42.6(e))
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`The undersigned hereby certifies that the above-captioned “Petitioner’s
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`Objections to Patent Owner’s Evidence Under 37 U.S.C. § 42.64(b)(1)” was served
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`in its entirety on February 2, 2017, upon the following parties via email:
`
`Dianne B. Elderkin: delderkin@akingump.com
`Barbara L. Mullin: bmullin@akingump.com
`Ruben H. Munoz: rmunoz@akingump.com
`JANS-ZYTIGA@akingump.com
`
`David. T. Pritikin: dpritikin@sidley.com
`Bindu Donovan: bdonovan@sidley.com
`Paul J. Zegger: pzegger@sidley.com
`Todd L. Krause: tkrause@sidley.com
`ZytigaIPRTeam@sidley.com
`
`Anthony C. Tridico: anthony.tridico@finnegan.com
`Jennifer H. Roscetti: jennifer.roscetti@finnegan.com
`
`
`
`
`
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`STERNE, KESSLER, GOLDSTEIN & FOX PLLC
`
`Date: February 2, 2017
`1100 New York Avenue, N.W.
`Washington, DC 20005
`(202) 371-2600
`
`
`
` f
`Dennies Varughese
`Registration No. 61,868
`Attorney for Petitioner
`
`
`
`
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