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IPR2017-01035
`Petitioner’s Evidentiary Objections
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________________
`
`MYLAN PHARMACEUTICALS INC.,
`Petitioner,
`
`v.
`
`COSMO TECHNOLOGIES LIMITED,
`Patent Owner.
`_____________________
`
`
`
`Case IPR2017-01035
`Patent 9,320,716 B2
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`PETITIONER’S EVIDENTIARY OBJECTIONS
`
`PURSUANT TO 37 C.F.R. § 42.64
`
`
`
`
`
`
`
`
`
`
`
`

`

`IPR2017-01035
`Petitioner’s Evidentiary Objections
`
`
`Pursuant to 37 C.F.R. § 42.64, Petitioner Mylan Pharmaceuticals Inc.
`
`(“Petitioner” or “Mylan”) asserts and attaches hereto its evidentiary objections to the
`
`exhibits accompanying Patent Owner’s paper entitled Patent Owner’s Preliminary
`
`Patent Owner Response Under 37 C.F.R. § 42.107 (Paper No. 7). Petitioner
`
`preserves the right to further object to material in Patent Owner’s exhibits if further
`
`material from the exhibits is incorporated to Patent Owner’s submissions and
`
`arguments, thereby making objections relevant to the proceeding.
`
`
`
`Objection
`
`Relevance
`
`Hearsay
`
`Footnote 5
`
`Authenticity
`FRE 702
`
`
`
`KEY
`
`Basis
`
`Exhibit is objected to in its entirety, and with respect to the
`specific portions on which Patent Owner relies, pursuant to
`Fed. R. Evid. 401 and/or 402 as irrelevant.
`Exhibit is objected under FRE 802 as containing inadmissible
`hearsay to the extent Patent Owner relies on this exhibit for the
`truth of the statements set forth therein.
`Exhibit is objected to in its entirety, and with respect to the
`specific portions on which Patent Owner relies, pursuant to
`Footnote 5 of the Decision to Institute (Paper No. 17).
`Lack of authenticity and/or identification
`Exhibit does not comply with Fed. R. Evid. 702-703
`
`Exhibit No.
`2003
`
`Preliminary Response Location
`6, 34, 36
`
`2005
`2006
`2011
`2012
`
`10
`10, 63
`18, 22, 23
`18
`
`1
`
`Objections
`Relevance
`Hearsay
`Footnote 5
`Relevance
`Relevance
`Relevance
`Relevance
`
`

`

`IPR2017-01035
`Petitioner’s Evidentiary Objections
`
`
`Exhibit No.
`2016
`
`20
`
`Preliminary Response Location
`
`2023
`2025
`
`2030
`2031
`2034
`
`32
`6, 34-36
`
`65
`66
`9, 10
`
`Date: October 5, 2017
`
`
`
`
`
`
`
`Objections
`Relevance
`FRE702
`Relevance
`Relevance
`Hearsay
`Footnote 5
`Relevance
`Relevance
`Authenticity
`
`
`
`
`
`
`Respectfully submitted,
`
`/Jitendra Malik/
`
`Jitendra Malik
`Reg. No. 55823
`Lead Counsel for Petitioner
`Alston & Bird LLP
`4721 Emperor Blvd., Suite 400 Durham,
`North Carolina 27703
`Telephone: 919-862-2200
`Fax: 919-862-2260
`Jitty.Malik@alston.com
`
`H. James Abe
`Reg. No. 61182
`Back-up Counsel for Petitioner
`Alston & Bird LLP
`
`333 South Hope Street, 16th Floor
`Los Angeles, CA 90071
`Telephone: 213-576-1060
`Fax: 213-576-1100
`James.abe@alston.com
`
`Lance Soderstrom
`Reg. No. 65,182
`Back-up Counsel for Petitioner
`Alston & Bird LLP
`
`90 Park Avenue, 15th Floor
`
`2
`
`

`

`IPR2017-01035
`Petitioner’s Evidentiary Objections
`
`
`
`
`
`
`
`
`New York, NY 10016-1387
`Telephone: 212-210-9464
`Fax: 212-922-3984
`Lance.soderstrom@alston.com
`
`Joseph Janusz
`Reg. No. 70,396
`Back-up Counsel for Petitioner
`Alston & Bird LLP
`101 South Tryon Street, Suite 4000
`Charlotte, NC 28280-4000
`Telephone: 704-444-1338
`Fax: 704-444-1738
`Joe.janusz@alston.com
`
`
`3
`
`

`

`IPR2017-01035
`Petitioner’s Evidentiary Objections
`
`
`CERTIFICATION OF SERVICE ON PATENT OWNER
`
`The undersigned hereby certifies that the foregoing document entitled
`
`PETITIONER’S EVIDENTIARY OBJECTIONS PURSUANT TO 37 C.F.R. §
`
`42.64 was served electronically via e-mail on October 5, 2017 to Patent Owner’s
`
`counsel of record upon the following:
`
`Gary N. Frischling
`Reg. No. 35,515
`Irell & Manella LLP
`1800 Avenue of the Stars
`Suite 900
`Los Angeles, CA 90067
`Tel: 310-203-7597
`Fax: 310-203-7199
`Email: gfrischling@irell.com
`
`Email: CosmoIPR@irell.com
`
`
`
`Date: October 5, 2017
`
`
`
`
`
`Yite John Lu
`Reg. No. 63,158
`Irell & Manella LLP
`1800 Avenue of the Stars
`Suite 900
`Los Angeles, CA 90067
`Tel: 310-203-7556
`Fax: 310-556-5240
`Email: yjlu@irell.com
`
`
`Respectfully submitted,
`
`
`
`
`
`
`
`/Jitendra Malik/
`
`Jitendra Malik
`Reg. No. 55823
`Lead Counsel for Petitioner
`4721 Emperor Blvd., Suite 400
`Durham, North Carolina 27703
`Telephone: 919-862-2200
`Fax: 919-862-2260
`Jitty.Malik@alston.com
`
`4
`
`

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