`
`Filed: November 7, 2017
`
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________________
`
`ACTAVIS LLC,
`Petitioner
`v.
`ABRAXIS BIOSCIENCE, LLC,
`Patent Owner
`_______________________
`Case IPR2017-01104
`U.S. Patent No. 8,138,229
`_______________________
`
`
`PATENT OWNER’S RESPONSE TO PETITIONER’S OBJECTIONS TO
`EVIDENCE
`UNDER 37 CFR 42.64(b)(1) and (b)(2)
`
`
`
`
`
`
`
`Pursuant to 37 C.F.R. § 42.64(b)(1), Petitioner Actavis LLC (“Actavis”)
`
`served objections to evidence submitted by Patent Owner Abraxis Bioscience, LLC
`
`(“Abraxis”) in support of its Patent Owner Preliminary Response to the Petition for
`
`Inter Partes Review of U.S. Patent No. 8,138,229, Case IPR2017-01104. Actavis
`
`raised general objections to Abraxis’s expert declaration and other evidence
`
`without detailing the basis of those objections. Abraxis disagrees with each of
`
`Actavis’s objections and submits supplemental evidence pursuant to 37 C.F.R. §
`
`42.64(b)(2).
`
`If Actavis files a motion to exclude any of the evidence, Abraxis reserves the
`
`right to respond to Actavis’s motion and objections in detail pursuant to 37 C.F.R.
`
`§ 42.23. Abraxis also reserves the right to submit supplemental evidence because
`
`Actavis’s objections are general and vague so as not to provide proper notice as to
`
`the nature of its objections.
`
`
`
`Dated: November 7, 2017
`
`
`
`
`
`/ J. Patrick Elsevier, Ph.D. /
`J. Patrick Elsevier, Ph.D. (Reg. No. 44,668)
`Anthony M. Insogna (Reg. No. 35,203)
`Cary Miller, Ph.D. (Reg. No. 54,708)
`Lisamarie LoGiudice, Ph.D. (Reg. No. 71,047)
`JONES DAY
`4655 Executive Drive, Suite 1500
`San Diego, CA 92121-3134
`Tel: (858) 314-1200
`Fax: (844) 345-3178
`jpelsevier@jonesday.com
`aminsogna@jonesday.com
`
`
`
`-2-
`
`
`
`cmiller@jonesday.com
`llogiudice@jonesday.com
`
`F. Dominic Cerrito (Reg. No. 38,100)
`Andrew S. Chalson (pro hac vice)
`Frank C. Calvosa (Reg. No. 69,064)
`QUINN EMANUEL URQUHART &
`SULLIVAN, LLP
`51 Madison Avenue, 22nd Floor
`New York, NY 10010
`General Tel: (212) 849-7000
`Direct Tel: (212) 849-7450
`Fax: (212) 849-7100
`nickcerrito@quinnemanuel.com
`andrewchalson@quinnemanuel.com
`frankcalvosa@quinnemanuel.com
`
`
`
`
`
`Counsel for Patent Holder
`Abraxis Bioscience, LLC
`
`
`
`-3-
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies that on the date indicated below a copy of the
`
`foregoing PATENT OWNER’S RESPONSE TO PETITIONER’S OBJECTIONS
`
`TO EVIDENCE UNDER 37 CFR 42.64(b)(1) and (b)(2) was served electronically
`
`by filing these documents through the PTAB E2E System, as well as by e-mailing
`
`copies to the following counsel of record for Petitioner Actavis LLC:
`
`Lead Counsel
`Samuel S. Park, Reg. No. 59,656
`WINSTON & STRAWN LLP
`35 W. Wacker Drive
`Chicago, IL 60601
`AbraxaneIPR@winston.com
`
`
`Dated: November 7, 2017
`
`Backup Counsel
`George C. Lombardi
`Charles B. Klein
`Kevin E. Warner
`Eimeric Reig-Plessis
`
`WINSTON & STRAWN LLP
`35 W. Wacker Drive
`Chicago, IL 60601
`AbraxaneIPR@winston.com
`
`
`
`
`
`/Lisamarie LoGiudice, Ph.D./
`Lisamarie LoGiudice, Ph.D. (Reg. No.
`71,047)
`JONES DAY
`250 Vesey Street
`New York, NY 10281-1047
`Telephone: 212-326-3939
`Facsimile: 212-755-7306
`
`Counsel for Patent Holder
`Abraxis Bioscience, LLC
`
`
`
`
`
`
`
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
