`_____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`MYLAN PHARMACEUTICALS INC.,
`Petitioner
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`v.
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`QUALICAPS CO., LTD,
`Patent Owner
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`_____________
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`Case IPR2017-00203
`Patent 6,649,180
`_____________
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`PATENT OWNER’S OBJECTIONS TO REPLY EVIDENCE
`UNDER 37 C.F.R. § 42.64(b)(1)
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`Pursuant to 37 C.F.R. § 42.64(b)(1) and the Federal Rules of Evidence
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`IPR2017-00203
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`(“FRE”), as applied by the Patent Trial and Appeal Board (“Board”), Patent Owner,
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`Qualicaps Co., Ltd., submits the following objections to evidence filed or as used by
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`Petitioner with its Reply (Paper 38). These objections are timely filed within five (5)
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`business days of the date the Reply was filed.
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`Patent Owner reserves the right to present further objections to these or
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`additional Exhibits submitted by Petitioner, as allowed by the applicable rules or
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`other authority, including without limitation upon conclusion of cross-examination
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`of Dr. Arthur Kibbe.
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`Exhibit 1028 (Deposition Transcript of Jason McConville)
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`This exhibit is inadmissible for at least the following reason, including under
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`the FRE.
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`Exhibit 1028 is inadmissible based on the objections made of record during
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`the August 17, 2017 Deposition of Dr. Jason McConville.
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`Exhibit 1029 (Reply Declaration of Arthur Kibbe)
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`This exhibit is inadmissible for at least the following reasons, including under
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`the FRE.
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`Exhibit 1029 is inadmissible because it does not comport with the formatting
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`requirements of 37 C.F.R. § 42.6(a)(2)(ii).
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`- 1 -
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`Exhibit 1029 is inadmissible because it does not comport with FRE 603 or
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`IPR2017-00203
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`with 37 C.F.R. § 42.53(a), for lacking the warning prescribed by 37 C.F.R. § 1.68.
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`Paragraphs 5–12, 19, and 20 of Exhibit 1029 are inadmissible under FRE
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`401/402 for irrelevance, under FRE 403 for prejudice, and under 37 C.F.R. §
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`42.23(b) for exceeding permissible scope of a Reply.
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`Paragraphs 5–17, 19, and 20 of Exhibit 1029 are inadmissible under FRE 701,
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`702, and 703 for not meeting the standards required of an expert witness, and under
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`37 C.F.R. § 42.65(a) for expressing opinions without disclosing the underlying facts
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`or data on which the opinions are based.
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`Exhibits 2064–2072
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`Although Patent Owner submitted these exhibits in response to an order of the
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`Board, Patent Owner objects to their admissibility for the manner in which Petitioner
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`uses them. These exhibits are inadmissible for at least the following reasons,
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`including under the FRE.
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`Exhibits 2064-2072 are inadmissible under FRE 401/402 for irrelevance,
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`under FRE 403 for prejudice, and under 37 C.F.R. § 42.23(b) for exceeding
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`permissible scope of a Reply.
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`- 2 -
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`Date: September 22, 2017
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`IPR2017-00203
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`Respectfully submitted,
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`By /Scott E. Kamholz/
`Jessica L. Parezo, Reg. No. 50,286
`Andrea G. Reister , Reg. No. 36,253
`Scott E. Kamholz, Reg. No. 48,543
`Michael N. Kennedy, pro hac vice
`Megan P. Keane, pro hac vice
`COVINGTON & BURLING LLP
`One CityCenter, 850 Tenth Street, NW
`Washington, DC 20001
`(202) 662-6000
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`MaryAnne Armstrong, Reg. No. 40,069
`Lynde F. Herzbach , Reg. No. 74,886
`BIRCH, STEWART, KOLASCH & BIRCH, LLP
`8110 Gatehouse Road, Suite 100 East
`Falls Church, VA 22402
`(703) 205-8000
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`Counsel for Patent Owner
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`- 3 -
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6, I certify that on the date listed below, a copy of
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`IPR2017-00203
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`Patent Owner’s Objections To Reply Evidence Under 37 C.F.R. § 42.64(b)(1) was
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`served by electronic mail, by agreement of the parties, to Mylan-WC-
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`IPR@kilpatricktownsend.com on the following counsel of record for Petitioner:
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`Mitchell G. Stockwell
`D. Clay Holloway
`Jonathan D. Olinger
`Miranda C. Rogers
`Kilpatrick Townsend & Stockton LLP
`1100 Peachtree Street, Suite 2800
`Atlanta, GA 30309
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`Date: September 22, 2017
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` /Scott E. Kamholz/
`Scott E. Kamholz, Reg. No. 48,543
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