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`Paper No. ___
`Filed: February 5, 2018
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_____________________________
`
`
`APOTEX INC., APOTEX CORP., ARGENTUM PHARMACEUTICALS LLC,
`ACTAVIS ELIZABETH LLC, TEVA PHARMACEUTICALS USA, INC., SUN
`PHARMACEUTICAL INDUSTIRES, LTD., SUN PHARMACEUTICAL
`INDUSTRIES, INC., AND SUN PHARMA GLOBAL FZE,
`Petitioners,
`
`v.
`
`NOVARTIS A.G.,
`Patent Owner.
`
`_____________________________
`
`IPR2017-008541
`Patent No. 9,187,405
`
`_____________________________
`
`
`PETITIONERS’ NOTICE OF OBJECTIONS TO EVIDENCE
`
`
`1 Cases IPR2017-01550, IPR2017-01946, and IPR2017-01929 have been joined
`with this proceeding.
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`Case IPR2017-00854
`Patent 9,187,405
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`TABLE OF CONTENTS
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`I.
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`INTRODUCTION ........................................................................................... 1
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`II.
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`OBJECTIONS ................................................................................................. 1
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`1.
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`Objections to EX2088, and any Reference to/Reliance
`Thereon ....................................................................................... 1
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`III. CONCLUSION ................................................................................................ 2
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`
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`-i-
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`Case IPR2017-00854
`Patent 9,187,405
`
`I.
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`INTRODUCTION
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`Pursuant to 37 C.F.R. § 42.64(b)(1), Apotex Inc. and Apotex Corp.
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`(“Petitioner”) submits the following objections to Novartis A.G. (“Patent
`
`Owner”)’s Exhibit 2088, as listed on Patent Owner’s Exhibit List filed on January
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`29, 2018, and any reference to or reliance on the foregoing. As required by 37
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`C.F.R. § 42.62, Petitioner’s objections below apply the Federal Rules of Evidence
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`(“F.R.E.”).
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`II. OBJECTIONS
`1. Objections to EX2088, and any Reference to/Reliance Thereon
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`Grounds for Objection: F.R.E. 401, 402 (Irrelevant Evidence Inadmissible);
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`F.R.E. 403 (Excluding Evidence for Prejudice, Confusion, Waste of Time, or Other
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`Reasons); F.R.E. 602 (Foundation); F.R.E. 701, 702, 703 (Expert Foundation and
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`Opinions); F.R.E. 802-805 (Inadmissible Hearsay).
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`Petitioner objects to EX2088 as irrelevant, confusing, or a waste of time as
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`Mr. Waibel does not purport to have any percipient knowledge regarding the
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`substantive facts at issue in the case and EX2088 is not cited in Patent Owner’s
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`Response. F.R.E. 401, 402, 403. Petitioner objects to EX2088 as failing to
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`establish that Mr. Waibel has personal knowledge of the matters addressed in his
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`declaration. F.R.E. 602. Mr. Waibel fails to establish that EX2088 is appropriate
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`lay or expert opinion testimony under any of F.R.E. 701-703. Moreover, Mr.
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`-1-
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`
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`Case IPR2017-00854
`Patent 9,187,405
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`Waibel’s declaration contains and relies upon hearsay and hearsay within hearsay
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`for which no applicable exception applies. F.R.E. 802-805.
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`III. CONCLUSION
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`Exhibit 2088 was served together with Patent Owner’s Opposition to
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`Additional Discovery filed on January 29, 2018. These objections are made within
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`5 business days of filing pursuant to 37 C.F.R. § 42.64.
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`Respectfully submitted,
`
`/ Steven W. Parmelee /
` Steven W. Parmelee, Lead Counsel
` Reg. No. 31,990
`
`
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`
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`Dated: February 5, 2018
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`-2-
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`Case IPR2017-00854
`Patent 9,187,405
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`CERTIFICATE OF SERVICE
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`
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`This is to certify that I caused to be served a true and correct copy of the
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`foregoing Petitioners Apotex Inc. and Apotex Corp.’s Notice of Objections to
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`Evidence, on this 5th day of February, 2018, on the Patent Owner at the
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`correspondence address of the Patent Owner as follows:
`
`Jane M. Love, Ph.D.
`Robert W. Trenchard
`GIBSON, DUNN & CRUTCHER LLP
`200 Park Avenue, 47th Floor
`New York, NY 10166
`Email: jlove@gibsondunn.com
`Email: rtrenchard@gibsondunn.com
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`
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`
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`Dated: February 5, 2018
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`
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`
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`Respectfully submitted,
`
`/ Steven W. Parmelee /
` Steven W. Parmelee, Lead Counsel
` Reg. No. 31,990
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`
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`-3-
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