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`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
`
`ARGENTUM PHARMACEUTICALS LLC
`Petitioner
`
`v.
`
`CIPLA LTD.
`Patent Owner
`
`
`Patent No. 8,168,620
`Issue Date: May 1, 2012
`Title: COMBINATION OF AZELASTINE AND STEROIDS
`_______________
`
`Inter Partes Review No. IPR2017-00807
`
`
`PETITIONER’S OBJECTIONS TO PATENT OWNER’S
`DEMONSTRATIVE EXHIBIT PURSUANT TO PAPER NO. 40
`
`
`
`
`
`
`
`
`
`
`
`
`
`

`

`
`
`Pursuant to the Board’s Order in Paper No. 40 at 3, Petitioner Argentum
`
`Pharmaceuticals LLC (“Petitioner”) submits the following objections to the
`
`demonstrative exhibit served by Patent Owner, Cipla Ltd. (“Patent Owner”), in
`
`conjunction with oral argument. These objections are timely, having been filed
`
`two days before oral argument.
`
`Objection to Slide 5
`
`Objected-To Portions Highlighted in Yellow:
`
`
`
`2
`
`

`

`
`
`Reasons for Objection:
`
`Argentum objects to the portions of slide 5 of Patent Owner’s demonstrative
`
`exhibit advancing the argument that a representative from Petitioner Argentum
`
`attended the public portions of the Apotex trial (i.e., the entire trial (see POPR
`
`(Paper 7) at 13)) because Patent Owner knows this to be untrue by virtue of a
`
`communication from Petitioner’s counsel to Patent Owner’s counsel representing
`
`that no one from Argentum attended the last day of the Apotex trial which was
`
`open to the public, (i.e., Friday, December 16, 2016 (see Exhibit 2021)), with
`
`Patent Owner’s understanding of said communication being evidenced by Patent
`
`Owner’s subsequent email to the Board dated July 19, 2017, conceding that
`
`Petitioner’s representative attended only portions of the trial.
`
`
`
`
`
`
`Dated: May 14, 2018
`
`
`
`
`
`
`
`By: /Michael R. Houston/
`Reg. No. 58,486
`Counsel for Petitioner
`
`
`
`
`
`
`
`
`
`3
`
`

`

`
`
`CERTIFICATE OF SERVICE
`The undersigned hereby certifies that a copy of the foregoing PETITIONER’S
`
`OBJECTIONS TO PATENT OWNER’S DEMONSTRATIVE EXHIBIT
`
`PURSUANT TO PAPER NO. 40 was filed and served on May 14, 2018, on
`
`Counsel for Patent Owner via electronic mail to the following:
`
`
`
`dvarughe-PTAB@skgf.com
` dsterlin-PTAB@skgf.com
` alarock-PTAB@skgf.com
` ueverett-PTAB@skgf.com
`
`
`
`
`
`
`Dated: May 14, 2018
`
`
`
`
`
`By: /Michael R. Houston/
`
`
`
`Reg. No. 58,486
`
`Counsel for Petitioner
`
`
`
`
`
`4
`
`

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