`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`ACTAVIS LLC,
`Petitioner
`
`v.
`
`ABRAXIS BIOSCIENCE, LLC,
`Patent Owner
`
`
`Case IPR2017-01103
`Patent 7,923,536 B2
`
`
`
`PETITIONER’S OBJECTIONS TO EVIDENCE
`
`
`
`
`
`IPR2017-01103 (7,923,536 B2)
`
`Pursuant to 37 C.F.R. §42.64(b)(1), Petitioner objects to the admissibility of
`
`evidence submitted during the preliminary proceeding as follows:1
`
`Exhibit(s)
`
`Objection(s)
`
`1023
`
`To the extent Patent Owner relies on the Declaration of Neil P.
`
`¶¶ 6–39
`
`Desai for expert opinion and/or the truth of any matter asserted
`
`therein (see, e.g., Paper 6 at 7–8, 40, 42, 55–62):
`
`FRE 702(a): The declarant has not been shown to be qualified
`
`as an expert on the subject matter of his declaration, and thus
`
`cannot testify in the form of an opinion or otherwise in a manner
`
`that would assist the Board to understand the evidence or to de-
`
`termine a fact in issue.
`
`FRE 702(b)–(d): The declarant’s testimony is not based on suf-
`
`ficient facts or data, is not the product of reliable principles and
`
`methods, and does not reliably apply such principles and meth-
`
`ods to the facts of the case.
`
`FRE 703: The facts or data on which the declarant relies are in-
`
`admissible, and their probative value does not substantially out-
`
`weigh their prejudicial effect.
`
`
`1 References to “FRE” are to the Federal Rules of Evidence.
`
`
`
`
`
`Exhibit(s)
`
`Objection(s)
`
`IPR2017-01103 (7,923,536 B2)
`
`FRE 801/802: To the extent Petitioner is not afforded the op-
`
`portunity to cross-examine the declarant pursuant to 37 C.F.R.
`
`§42.51(b)(1)(ii), the statements in this exhibit are hearsay and do
`
`not fall under any exceptions.
`
`Lack of Foundation: The declarant does not provide sufficient
`
`explanation for the bases of the declaratory testimony.
`
`2001
`
`FRE 702(b)–(d): The declarant’s testimony is not based on suf-
`
`¶¶ 25, 28–36
`
`ficient facts or data, is not the product of reliable principles and
`
`methods, and does not reliably apply such principles and meth-
`
`ods to the facts of the case.
`
`FRE 703: The facts or data on which the declarant relies are in-
`
`admissible, and their probative value does not substantially out-
`
`weigh their prejudicial effect.
`
`FRE 801/802: To the extent Petitioner is not afforded the op-
`
`portunity to cross-examine the declarant pursuant to 37 C.F.R.
`
`§42.51(b)(1)(ii), the statements in this exhibit are hearsay and do
`
`not fall under any exceptions.
`
`Lack of Foundation: The declarant does not provide sufficient
`
`explanation for the bases of the declaratory testimony.
`
`2
`
`
`
`
`Exhibit(s)
`
`Objection(s)
`
`IPR2017-01103 (7,923,536 B2)
`
`FRE 901/902: Patent Owner has not produced evidence suffi-
`
`cient to support a finding that any of these exhibit is what Patent
`
`Owner claims it is, nor has Patent Owner presented any evidence
`
`that any of these exhibits is self-authenticating under FRE 902.
`
`FRE 1002/1003: Patent Owner has not shown that any of these
`
`exhibits is an original document or an authentic duplicate.
`
`FRE 401/402/403 / Improper Incorporation by Reference:
`
`Neither Patent Owner nor its declarant cited these exhibits, and
`
`thus they are irrelevant, unduly prejudicial, and/or improperly in-
`
`corporated by reference. See 37 C.F.R. §42.6(a)(3).
`
`2006
`
`2010
`
`2015
`
`2032
`
`2051
`
`
`
`2044
`
`2045
`
`
`
`
`
`Dated: October 24, 2017
`
`WINSTON & STRAWN LLP
`35 W. Wacker Drive
`Chicago, IL 60601
`Telephone: 312-558-7931
`Fax: 312-558-5700
`Email: AbraxaneIPR@winston.com
`
`Respectfully submitted,
`
`
` /Samuel S. Park/
`Samuel S. Park
`Reg. No. 59,656
`
`Lead Counsel for Petitioner
`
`3
`
`
`
`
`IPR2017-01103 (7,923,536 B2)
`
`CERTIFICATE OF SERVICE ON PATENT OWNER
`
`The undersigned hereby certifies that a copy of the foregoing Petitioner’s
`
`Objections to Evidence was served on October 24, 2017, via email on the follow-
`
`ing lead and backup counsel of record for Patent Owner:
`
`
`J. Patrick Elsevier
`Anthony M. Insogna
`Cary Miller Lisamarie LoGiudice
`JONES DAY
`jpelsevier@jonesday.com
`aminsogna@jonesday.com
`cmiller@jonesday.com
`llogiudice@jonesday.com
`
`
`
`
`
`Dated: October 24, 2017
`
`WINSTON & STRAWN LLP
`35 W. Wacker Drive
`Chicago, IL 60601
`Telephone: 312-558-7931
`Fax: 312-558-5700
`Email: AbraxaneIPR@winston.com
`
`
`F. Dominic Cerrito
`Andrew S. Chalson
`Frank C. Calvosa
`QUINN EMANUEL URQUHART &
`SULLIVAN, LLP
`nickcerrito@quinnemanuel.com
`andrewchalson@quinnemanuel.com
`frankcalvosa@quinnemanuel.com
`
`Respectfully submitted,
`
`
` /Samuel S. Park/
`Samuel S. Park
`Reg. No. 59,656
`
`Lead Counsel for Petitioner
`
`
`
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
