Paper No. ___
`Filed: May 26, 2017
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`_____________________________
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`
`MYLAN TECHNOLOGIES INC.,
`Petitioner,
`
`v.
`
`MONOSOL RX, LLC,
`Patent Owner.
`
`_____________________________
`
`Case IPR2017-00200
`Patent No. 8,603,514
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`_____________________________
`
`PETITIONER MYLAN TECHNOLOGIES INC.’S
`NOTICE OF OBJECTION TO EVIDENCE
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`Filed: May 26, 2017
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`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_____________________________
`
`
`MYLAN TECHNOLOGIES INC.,
`Petitioner,
`
`v.
`
`MONOSOL RX, LLC,
`Patent Owner.
`
`_____________________________
`
`Case IPR2017-00200
`Patent No. 8,603,514
`
`_____________________________
`
`PETITIONER MYLAN TECHNOLOGIES INC.’S
`NOTICE OF OBJECTION TO EVIDENCE
`
`
`
`
`
`
`
`
`
`
`
`
`
`Case IPR2017-00200
`Patent 8,603,514
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`TABLE OF CONTENTS
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`I.
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`INTRODUCTION ........................................................................................ 1
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`II.
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`OBJECTIONS .............................................................................................. 1
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`1.
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`2.
`
`Objections to Exs. 2001-2002 and Patent Owner’s
`reliance thereon ......................................................................... 1
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`Objections to Exs. 2003-2006 and Patent Owner’s
`reliance thereon ......................................................................... 2
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`III. CONCLUSION ............................................................................................ 3
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`-i-
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`Case IPR2017-00200
`Patent 8,603,514
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`I.
`
`INTRODUCTION
`
`Pursuant to 37 C.F.R. § 42.64(b)(1), Mylan Technologies Inc. (“Petitioner”)
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`submits the following objections to Monosol RX LLC’s (“Patent Owner”)’s
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`Exhibits 2001-2006, as listed on Patent Owner’s Exhibit List filed on February 16,
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`2017, and any reference to or reliance on the foregoing Exhibits in Patent Owner’s
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`Preliminary Response (“Preliminary Response”) or future filings by Patent Owner.
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`As required by 37 C.F.R. § 42.62, Petitioner’s objections below apply the Federal
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`Rules of Evidence (“F.R.E.”).
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`II. OBJECTIONS
`1. Objections to Exs. 2001-2002 and Patent Owner’s reliance
`thereon
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`Grounds for Objection: F.R.E. 401, 402 (Irrelevant Evidence Inadmissible);
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`F.R.E. 403 (Excluding Evidence for Prejudice, Confusion, Waste of Time, or Other
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`Reasons); F.R.E. 602 (Foundation); F.R.E. 701, 702 (Expert Foundation and
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`Opinions); F.R.E. 801, 802, 803, 805 (Inadmissible Hearsay); 37 C.F.R. §42.53
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`(form for testimony)
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`Patent Owner describes Exs. 2001 and 2002, respectively, as a trial
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`transcript in “CA No. 14-1574” and as a slip opinion in “Civil Case No. 1:13-1674.
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`Patent Owner relies extensively on assertions by witnesses who have not submitted
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`testimony in this proceeding and who have not been subjected to cross-
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`-1-
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`Case IPR2017-00200
`Patent 8,603,514
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`examination in this proceeding in violation of the Board’s rule regarding the taking
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`of testimony. 37 C.F.R. §42.53. Patent Owner also relies on such statements for
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`the truth of the matter asserted, and such statements are inadmissible hearsay.
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`F.R.E. 801, 802, 803, 805. Moreover, Patent Owner provides insufficient basis for
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`the statements as lay or expert testimony. F.R.E. 602, 701, 702. Moreover, the
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`trial transcript and opinion are not from a case in which Petitioner was a party, and
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`the probative value of such assertions is thus outweighed by the likelihood of
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`unfair prejudice to Petitioner. F.R.E. 401, 402, 403.
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`2. Objections to Exs. 2003-2006 and Patent Owner’s reliance
`thereon
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`Grounds for Objection: F.R.E. 401, 402 (Irrelevant Evidence Inadmissible);
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`F.R.E. 403 (Excluding Evidence for Prejudice, Confusion, Waste of Time, or Other
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`Reasons); F.R.E. 602 (Foundation); F.R.E. 701, 702 (Expert Foundation and
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`Opinions); F.R.E. 801, 802, 803, 805 (Inadmissible Hearsay).
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`Patent Owner describes Exs. 2003-2006 as various documents with asserted
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`publication dates after the earliest claimed priority date of the invention of the
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`patent at issue, in some cases several years after the earliest claimed priority date.
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`Because the asserted publication dates are later than the alleged date of invention
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`for the patent at issue, the fact that the content of any of these exhibits was
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`published on the asserted date, even if established by Patent Owner, is irrelevant to
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`Patent 8,603,514
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`whether the claimed subject matter was obvious at the alleged time of the
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`invention. F.R.E. 401, 402. Further, even if relevant, each of Exs. 2003-2006,
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`which were created after (and in some cases several years after) the alleged date of
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`invention, is so attenuated to the question of whether the claimed invention was
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`obvious at the alleged time of the invention, that each of these exhibits is unduly
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`prejudicial, misleading, and a waste of time. F.R.E. 403.
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`To the extent that Patent Owner relies on any statements in any of Exs.
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`2003-2006 for the truth of the matter asserted, such statements are inadmissible
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`hearsay. F.R.E. 801, 802, 803, 805. Moreover, Patent Owner provides no
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`foundation for the statements as either lay testimony or expert testimony of any
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`particular declarant. F.R.E. 602, 701, 702.
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`III. CONCLUSION
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`The aforementioned exhibits were filed together with Patent Owner’s
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`Preliminary Response, prior to institution. Trial was instituted on May 12, 2017.
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`These objections are made within 10 business days of institution pursuant to 37
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`C.F.R. § 42.64.
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`Dated: May 26, 2017
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`Respectfully submitted,
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`/ Steven W. Parmelee /
` Steven W. Parmelee
` Reg. No. 31,990
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`Case IPR2017-00200
`Patent 8,603,514
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`CERTIFICATE OF SERVICE
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`
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`This is to certify that I caused to be served a true and correct copy of the
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`foregoing Petitioner Mylan Technologies Inc.’s Notice of Objections to Evidence,
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`on this 26th day of May, 2017, on the Patent Owner at the correspondence address
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`of the Patent Owner as follows:
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`Harold Fox
`STEPTOE & JOHNSON LLP
`1330 Connecticut Avenue, NW
`Washington, DC 20036-1795
`Email: hfox@steptoe.com
`Email: 514MIPR@steptoe.com
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`John L. Abramic
`STEPTOE & JOHNSON LLP
`115 South LaSalle Street, Suite 3100
`Chicago, IL 60603
`Email: jabramic@steptoe.com
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`Dated: May 26, 2017
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`Respectfully submitted,
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`/ Steven W. Parmelee /
` Steven W. Parmelee, Lead Counsel
` Reg. No. 31,990
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`-4-
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