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UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________________
`
`
`ARGENTUM PHARMACEUTICALS LLC
`
`Petitioner
`
`v.
`
`CIPLA LIMITED
`
`Patent Owner
`
`_____________________
`
`Case No. IPR2017-00807
`
`U.S. Patent No. 8,168,620
`_____________________
`
`PATENT OWNER’S OBJECTIONS TO
`PETITIONER’S DEMONSTRATIVE EXHIBITS
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`
`

`

`
`
`IPR2017-00807
`U.S. Patent No. 8,168,620
`
`Pursuant to the Board’s Order of April 10, 2018 (Paper 40), the parties
`
`
`
`served objections on each other seven business days prior to Oral Argument, and
`
`subsequently met and conferred in a good-faith attempt to resolve their differences.
`
`The parties came to an agreement regarding some objections, but a few remain
`
`unresolved and are addressed here. The objections below “identify with
`
`particularity which portions of the demonstrative exhibits are subject to objection,
`
`include a copy of the objected-to portions, and include a one-sentence statement of
`
`the reason for each objection,” as required by the Board. (Paper 40, 3).
`
`Objections to slide 19 (objected-to in its entirety)
`
`
`
`
`
`
`
`- 1 -
`
`
`
`

`

`
`
`IPR2017-00807
`U.S. Patent No. 8,168,620
`
`Patent Owner objects to Petitioner’s slide 19 because it presents new
`
`
`
`argument that was not raised in the Reply (Paper 30).
`
`Objections to slide 20 (objected-to portion boxed in purple)
`
`
`
`
`
`Patent Owner objects to Petitioner’s slide 20 as misleading because it
`
`suggests that Dr. Govindarajan was a declarant in this proceeding.
`
`
`
`
`
`
`
`
`
`
`
`- 2 -
`
`

`

`
`Objections to slide 22 (objected-to portion boxed in purple)
`
`
`
`IPR2017-00807
`U.S. Patent No. 8,168,620
`
`
`
`
`Patent Owner objects to Petitioner’s slide 22 because it presents new
`
`arguments that were not raised in the Petition or Reply, and relies on evidence that
`
`was used in the Petition and Reply to support different points (see Reply at 2-3,
`
`26).
`
`
`
`- 3 -
`
`

`

`
`
`
`
`
`IPR2017-00807
`U.S. Patent No. 8,168,620
`
`Objections to slide 26 (objected-to portion boxed in purple)
`
`
`
`Patent Owner objects to Petitioner’s slide 26 because the right-most figure
`
`presented in that slide appears nowhere in the Petition or Reply, is different from
`
`the figure that appears in EX1144 ¶¶ 62-64, and was not relied upon by Dr.
`
`Schleimer.
`
`These objections are made within two business days of the May 16, 2018
`
`oral hearing as required by the Board’s Order. (Paper 40.) Patent Owner does not
`
`
`
`- 4 -
`
`

`

`
`acquiesce that any material not objected to is properly before the Board.
`
`
`
`IPR2017-00807
`U.S. Patent No. 8,168,620
`
`
`
`
`Date: May 14, 2018
`
`
`
`
`
`
`
`
`/Dennies Varughese/
`Dennies Varughese
`Registration No. 61,868
`Lead Attorney for Patent Owner
`
`- 5 -
`
`

`

`
`
`
`
`CERTIFICATE OF SERVICE (37 C.F.R. § 42.6(e))
`
`The undersigned hereby certifies that the above-captioned “PATENT
`
`OWNER’S OBJECTIONS TO PETITIONER’S DEMONSTRATIVE EXHIBITS”
`
`was served in its entirety on May 14, 2018, upon the following parties via
`
`electronic mail upon the following counsel of record for the Petitioner:
`
`Michael R. Houston: mhouston@foley.com
`Joseph P. Meara: jmeara@foley.com
`James P. McParland: jmcparland@foley.com
`Tyler C. Liu: TLiu@agpharm@foley.com
`ARG-dymista@foley.com
`
`FOLEY & LARDNER LLP
`321 North Clark Street
`Suite 2800
`Chicago, IL 60654
`
`
`
`
`
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`
`Dennies Varughese
`Registration No. 61,868
`Lead Attorney for Patent Owner
`
`
`
`
`Date: May 14, 2018
`1100 New York Avenue, N.W.
`Washington, D.C. 20005
`(202) 371-2600
`
`9355960.1
`
`
`
`
`

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