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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`ACTAVIS LLC,
`Petitioner
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`v.
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`ABRAXIS BIOSCIENCE, LLC,
`Patent Owner
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`Case IPR2017-01104
`Patent 8,138,229 B2
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`PETITIONER’S OBJECTIONS TO EVIDENCE
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`IPR2017-01104 (8,138,229 B2)
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`Pursuant to 37 C.F.R. §42.64(b)(1), Petitioner objects to the admissibility of
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`evidence submitted during the preliminary proceeding as follows:1
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`Exhibit(s)
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`Objection(s)
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`1023
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`To the extent Patent Owner relies on the Declaration of Neil P.
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`¶¶ 6–39
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`Desai for expert opinion and/or the truth of any matter asserted
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`therein (see, e.g., Paper 6 at 7–8, 41, 43, 57–64):
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`FRE 702(a): The declarant has not been shown to be qualified
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`as an expert on the subject matter of his declaration, and thus
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`cannot testify in the form of an opinion or otherwise in a manner
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`that would assist the Board to understand the evidence or to de-
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`termine a fact in issue.
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`FRE 702(b)–(d): The declarant’s testimony is not based on suf-
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`ficient facts or data, is not the product of reliable principles and
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`methods, and does not reliably apply such principles and meth-
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`ods to the facts of the case.
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`FRE 703: The facts or data on which the declarant relies are in-
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`admissible, and their probative value does not substantially out-
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`weigh their prejudicial effect.
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`1 References to “FRE” are to the Federal Rules of Evidence.
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`Exhibit(s)
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`Objection(s)
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`IPR2017-01104 (8,138,229 B2)
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`FRE 801/802: To the extent Petitioner is not afforded the op-
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`portunity to cross-examine the declarant pursuant to 37 C.F.R.
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`§42.51(b)(1)(ii), the statements in this exhibit are hearsay and do
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`not fall under any exceptions.
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`Lack of Foundation: The declarant does not provide sufficient
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`explanation for the bases of the declaratory testimony.
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`2001
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`FRE 702(b)–(d): The declarant’s testimony is not based on suf-
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`¶¶ 25, 28–36
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`ficient facts or data, is not the product of reliable principles and
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`methods, and does not reliably apply such principles and meth-
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`ods to the facts of the case.
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`FRE 703: The facts or data on which the declarant relies are in-
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`admissible, and their probative value does not substantially out-
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`weigh their prejudicial effect.
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`FRE 801/802: To the extent Petitioner is not afforded the op-
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`portunity to cross-examine the declarant pursuant to 37 C.F.R.
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`§42.51(b)(1)(ii), the statements in this exhibit are hearsay and do
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`not fall under any exceptions.
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`Lack of Foundation: The declarant does not provide sufficient
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`explanation for the bases of the declaratory testimony.
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`2
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`Exhibit(s)
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`Objection(s)
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`IPR2017-01104 (8,138,229 B2)
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`FRE 901/902: Patent Owner has not produced evidence suffi-
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`cient to support a finding that any of these exhibit is what Patent
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`Owner claims it is, nor has Patent Owner presented any evidence
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`that any of these exhibits is self-authenticating under FRE 902.
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`FRE 1002/1003: Patent Owner has not shown that any of these
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`exhibits is an original document or an authentic duplicate.
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`2006
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`2010
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`2015
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`2032
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`2051
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`Dated: October 24, 2017
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`WINSTON & STRAWN LLP
`35 W. Wacker Drive
`Chicago, IL 60601
`Telephone: 312-558-7931
`Fax: 312-558-5700
`Email: AbraxaneIPR@winston.com
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`Respectfully submitted,
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`
` /Samuel S. Park/
`Samuel S. Park
`Reg. No. 59,656
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`Lead Counsel for Petitioner
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`3
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`IPR2017-01104 (8,138,229 B2)
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`CERTIFICATE OF SERVICE ON PATENT OWNER
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`The undersigned hereby certifies that a copy of the foregoing Petitioner’s
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`Objections to Evidence was served on October 24, 2017, via email on the follow-
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`ing lead and backup counsel of record for Patent Owner:
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`J. Patrick Elsevier
`Anthony M. Insogna
`Cary Miller Lisamarie LoGiudice
`JONES DAY
`jpelsevier@jonesday.com
`aminsogna@jonesday.com
`cmiller@jonesday.com
`llogiudice@jonesday.com
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`Dated: October 24, 2017
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`WINSTON & STRAWN LLP
`35 W. Wacker Drive
`Chicago, IL 60601
`Telephone: 312-558-7931
`Fax: 312-558-5700
`Email: AbraxaneIPR@winston.com
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`F. Dominic Cerrito
`Andrew S. Chalson
`Frank C. Calvosa
`QUINN EMANUEL URQUHART &
`SULLIVAN, LLP
`nickcerrito@quinnemanuel.com
`andrewchalson@quinnemanuel.com
`frankcalvosa@quinnemanuel.com
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`Respectfully submitted,
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`
` /Samuel S. Park/
`Samuel S. Park
`Reg. No. 59,656
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`Lead Counsel for Petitioner
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