`
`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 EVIDENCE PURSUANT TO
`37 C.F.R. § 42.64(b)(1)
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Pursuant to 37 C.F.R. § 42.64(b)(1), Petitioner Argentum Pharmaceuticals
`
`LLC (“Petitioner”) submits the following objections to the exhibit identified by
`
`Exhibit Number below, which were served by Patent Owner, Cipla Ltd. (“Patent
`
`Owner”), in conjunction with Patent Owner’s Preliminary Response (paper 7).
`
`These objections are timely, having been served within ten business days of the
`
`institution of trial (Paper 11). 37 C.F.R. § 42.64(b)(1).
`
`Exhibit
`No.
`
`1002
`
`Federal
`Rule(s) of
`Evidence
`802
`
`1008
`
`802
`
`1034
`
`802
`
`1035
`
`802
`
`Objection
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted (e.g., Ex. 2001 ¶¶27-29; Ex. 2005
`¶¶79, 112-113; Ex. 2007 ¶¶25, 31, 37, 42-47), and
`Petitioner has not had the opportunity to subject the
`declarant(s) to cross examination
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted (e.g., Ex. 2001 ¶112) , and Petitioner
`has not had the opportunity to subject the
`declarant(s) to cross examination
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted (e.g., Ex. 2001 ¶82) , and Petitioner
`has not had the opportunity to subject the
`declarant(s) to cross examination
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted (e.g., Ex. 2001 ¶¶45, 49) , and
`Petitioner has not had the opportunity to subject the
`declarant(s) to cross examination
`
`2
`
`
`
`
`
`1036
`
`802
`
`1039
`
`802
`
`1040
`
`802
`
`1045
`
`802
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted (e.g., Ex. 2001 ¶¶45, 49) , and
`Petitioner has not had the opportunity to subject the
`declarant(s) to cross examination
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted (e.g., Ex. 2001 ¶¶45, 49) , and
`Petitioner has not had the opportunity to subject the
`declarant(s) to cross examination
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted (e.g., Ex. 2001 ¶82) , and Petitioner
`has not had the opportunity to subject the
`declarant(s) to cross examination
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted (e.g., Ex. 2001 ¶108) , and Petitioner
`has not had the opportunity to subject the
`declarant(s) to cross examination
`
`3
`
`
`
`
`
`2001
`¶¶15-17,
`19, 27-29,
`45, 46, 49,
`61-64, 71,
`73, 77, 82,
`88-92, 94,
`97, 99-
`102, 105-
`106, 108,
`110, 112,
`116, 118-
`119, 121-
`126, 128-
`129, 131-
`132, 135-
`136, 138-
`140, 142-
`152
`
`2003
`¶¶2, 11-
`20, 22-27
`
`402/403;
`802
`
`402/403: Petitioner objects to Patent Owner’s
`evidence regarding the alleged success, copying, and
`other alleged secondary considerations stemming
`from the Duonase product marketed and sold in India
`as being irrelevant, and having prejudicial value that
`outweighs any probative value.
`802: Inadmissible hearsay, as Dr. Carr relies on
`various cited documents and/or other “out-of-court”
`statements for the truth of the matter asserted therein;
`Petitioner was not a party to and did not participate
`in the trial referenced at paragraph 13 of Dr. Carr’s
`declaration, and therefore has not had any
`opportunity to cross examine any of the witnesses or
`declarants that provided evidence in that case.
`
`802
`
`Inadmissible hearsay, as Dr. D’Addio relies on
`various cited documents and/or other “out-of-court”
`statements for the truth of the matter asserted therein.
`
`4
`
`
`
`402/403;
`702/703;
`802
`
`
`
`2005
`¶¶3-4, 16-
`20, 22-35,
`37-67, 69-
`71, 73-91,
`93-101,
`103-106,
`112, 116;
`TABS 1-
`12 (pp. 54-
`70)
`
`402/403: Petitioner objects to Patent Owner’s
`evidence regarding the alleged success, copying, and
`other alleged secondary considerations stemming
`from the Duonase product marketed and sold in India
`as being irrelevant, and having prejudicial value that
`outweighs any probative value.
`702/703/403: Inadequate showing of witness’
`qualifications to opine on topics discussed in
`declaration; in addition, while expert testimony can
`rely on otherwise inadmissible evidence, Petitioner
`objects to the extent that it has not been provided
`sufficient access to such evidence, or discovery of
`other evidence in Patent Owner’s possession or
`control that may undercut or contradict the evidence
`relied upon by this witness, as Petitioner was not a
`party to the prior litigation involving Dymista;
`Petitioner further objects to Dr. Jarosz’s
`characterization of the cited exhibits being of the
`type normally relied upon by experts in this field.
`802: Inadmissible hearsay, as Dr. Jarosz relies on
`various cited documents and/or other “out-of-court”
`statements for the truth of the matter asserted therein;
`Petitioner was not a party to and did not participate
`in the trial involving Dymista, and therefore has not
`had any opportunity to cross examine any of the
`witnesses or declarants that provided evidence in that
`case
`
`5
`
`
`
`
`
`2007
`¶¶15, 17,
`25, 31, 33,
`36-37, 40-
`50, 55-56,
`64-83
`
`402/403;
`702/703;
`802
`
`2009
`
`802
`
`2010
`
`802
`
`402/403: Petitioner objects to Patent Owner’s
`evidence regarding the alleged success, copying, and
`other alleged secondary considerations stemming
`from the Duonase product marketed and sold in India
`as being irrelevant, and having prejudicial value that
`outweighs any probative value.
`702/703/403: Petitioner objects to Dr. Smyth’s
`testimony at ¶¶64-74 to the effect that Dymista and
`Duonase are embodiments of claims 4, 29, and 42-44
`(and therefore the claims from which they depend),
`and regarding the alleged “imitator products,”
`because Petitioner was not a party to the referenced
`litigation, has not been provided sufficient access to
`such evidence or to cross examine the author(s) of
`Ex. 2028, or been afforded discovery of other
`evidence in Patent Owner’s possession or control that
`may undercut or contradict the evidence relied upon
`by this witness.
`802: Inadmissible hearsay, as Dr. Smyth relies on
`various cited documents and/or other “out-of-court”
`statements for the truth of the matter asserted therein;
`Petitioner was not a party to and did not participate
`in the trial referenced at paragraph 11 of Dr. Smyth’s
`declaration, and therefore has not had any
`opportunity to cross examine any of the witnesses or
`declarants that provided evidence in that case.
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`6
`
`
`
`
`
`2017
`
`802
`
`2018
`
`802
`
`2019
`
`802
`
`2020
`
`802
`
`2021
`
`802
`
`2022
`
`802
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`7
`
`
`
`
`
`2023
`
`802
`
`2024
`
`802
`
`2025
`
`802
`
`2027
`
`802
`
`2028
`
`802
`
`2029
`
`802
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`8
`
`
`
`
`
`2030
`
`802
`
`2031
`
`802
`
`2032
`
`802
`
`2034
`
`802
`
`2036
`
`802
`
`2037
`
`802
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`9
`
`
`
`
`
`2039
`
`802
`
`2040
`
`802
`
`2041
`
`802
`
`2042
`
`802
`
`2043
`
`802
`
`2044
`
`802
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`10
`
`
`
`
`
`2045
`
`802
`
`2046
`
`802
`
`2047
`
`802
`
`2048
`
`802
`
`2049
`
`802
`
`2050
`
`802
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`11
`
`
`
`
`
`2051
`
`802
`
`2052
`
`802
`
`2053
`
`802
`
`2054
`
`802
`
`2055
`
`802
`
`2056
`
`802
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`12
`
`
`
`
`
`2057
`
`802
`
`2058
`
`802
`
`2061
`
`802
`
`2064
`
`802
`
`2065
`
`802
`
`2066
`
`802
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`13
`
`
`
`
`
`2067
`
`802
`
`2068
`
`802
`
`2069
`
`802
`
`2070
`
`802
`
`2071
`
`802
`
`2072
`
`802
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`14
`
`
`
`
`
`2074
`
`802
`
`2075
`
`802
`
`2076
`
`802
`
`2077
`
`802
`
`2078
`
`802
`
`2080
`
`802
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`15
`
`
`
`
`
`2081
`
`802
`
`2082
`
`802
`
`2083
`
`802
`
`2084
`
`802
`
`2085
`
`802
`
`2086
`
`802
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`16
`
`
`
`
`
`2087
`
`802
`
`2088
`
`802
`
`2089
`
`802
`
`2090
`
`802
`
`2091
`
`802
`
`2092
`
`802
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`17
`
`
`
`
`
`2093
`
`802
`
`2094
`
`802
`
`2095
`
`802
`
`2096
`
`802
`
`2097
`
`802
`
`2098
`
`802
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`18
`
`
`
`
`
`2103
`
`802
`
`2104
`
`802
`
`2105
`
`802
`
`2110
`
`802
`
`2111
`
`802
`
`2112
`
`802
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`19
`
`
`
`
`
`2113
`
`802
`
`2120
`
`802
`
`2121
`
`802
`
`2122
`
`802
`
`2129
`
`802
`
`2130
`
`802
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`20
`
`
`
`
`
`2131
`
`802
`
`2133
`
`802
`
`2136
`
`802
`
`2138
`
`802
`
`
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`Inadmissible hearsay, as the document appears to be
`relied upon by Patent Owner for the truth of the
`matter asserted , and Petitioner has not had the
`opportunity to subject the declarant(s) to cross
`examination
`
`These objections provide notice to Patent Owner that Petitioner may move
`
`under 37 C.F.R. § 42.64(c) to exclude these Exhibits or the cited portions thereof.
`
`Petitioner is available to meet-and-confer with Patent Owner to clarify/discuss any
`
`of the above objections should Patent Owner believe such discussions would be
`
`helpful to resolve Petitioner’s objections.
`
`
`
`
`
`21
`
`
`
`
`
`
`
`Dated: September 5, 2017
`
`
`
`
`
`By: /Michael R. Houston/
`
`Reg. No. 58,486
`
`Counsel for Petitioner
`
`
`
`
`
`
`
`22
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that a copy of the foregoing
`
`PETITIONER’S OBJECTIONS TO EVIDENCE PURSUANT TO
`
`37 C.F.R. § 42.64(b)(1) was served on September 5, 2017, 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: September 5, 2017
`
`
`
`
`
`By: /Michael R. Houston/
`
`Reg. No. 58,486
`
`Counsel for Petitioner
`
`
`
`
`
`23
`
`
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