`_____________
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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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`_____________
`
`Case IPR2017-00203
`Patent 6,649,180
`_____________
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`PATENT OWNER’S SUPPLEMENTAL OBJECTION TO REPLY
`EVIDENCE UNDER 37 C.F.R. § 42.64(b)(1)
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` DC: 6528979-1
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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 additional objection to evidence filed or
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`as used by Petitioner with its Reply (Paper 38). This additional objection is timely
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`filed within five (5) 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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`Exhibits 2064 and 2067–2072
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`Exhibits 2064 and 2067–2072 additionally are inadmissible under 37 C.F.R.
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`§ 42.61(a) for not having been taken, sought, or filed in accordance with subpart A
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`of 37 C.F.R. Part 42. Specifically, Petitioner did not obtain or provide to Patent
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`Owner protective order acknowledgments from all persons defined in sections 2, 3,
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`and 4 of the stipulated protective order (Ex. 2073) prior to those persons having
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`access to these exhibits.
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`- 1 -
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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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`- 2 -
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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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