UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`Celltrion, Inc.
`Petitioner,
`
`v.
`
`Genentech, Inc.
`Patent Owner.
`
`
`
`
`Inter Partes Review No. IPR2017-01374
`Patent No. 6,407,213
`
`
`PETITIONER’S OBJECTIONS TO PATENT OWNER’S EVIDENCE
`SUBMITTED WITH PATENT OWNER’S RESPONSE
`
`
`
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`Celltrion, Inc.
`Petitioner,
`
`v.
`
`Genentech, Inc.
`Patent Owner.
`
`
`
`
`Inter Partes Review No. IPR2017-01374
`Patent No. 6,407,213
`
`
`PETITIONER’S OBJECTIONS TO PATENT OWNER’S EVIDENCE
`SUBMITTED WITH PATENT OWNER’S RESPONSE
`
`
`
`
`
`
`
`
`
`
`Pursuant to 37 C.F.R. § 42.64(b)(1) and the Federal Rules of Evidence
`
`(“FRE”), Petitioner Celltrion, Inc. (“Celltrion”) objects to the admissibility of
`
`evidence filed by Patent Owner Genentech, Inc. on March 8, 2018, with its Patent
`
`Owner’s Response.
`
`1.
`
`Exhibits 2007-2009, Exhibit 2037
`
`Celltrion objects to Exhibits 2007-2009 and Exhibit 2037 as not
`
`authenticated under FRE 901.
`
`2.
`
`Exhibits 2002, Exhibit 2016
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`Celltrion objects to Exhibit 2002 at pages 34-36 under FRE 106 as including
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`a document that is incomplete, under FRE 901 as lacking authentication, and under
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`FRE 802 as inadmissible hearsay, not within any hearsay exception. Celltrion also
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`objects to paragraphs 38, 39, and 45-48 of Exhibit 2016 for the same reasons for
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`relying on the objected-to document, and because these paragraphs include
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`inadmissible hearsay under FRE 802, not within any hearsay exception.
`
`Celltrion further objects to paragraphs 23, 49, 50, and 52 of Exhibit 2016
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`under FRE 602 as lacking foundation.
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`3.
`
`Exhibit 2006, Exhibit 2018
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`Celltrion objects to Exhibit 2006 at pages 83 and 84 under FRE 901 as
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`including documents that lack authentication.
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`Celltrion also objects to paragraphs 14 and 19-22 of Exhibit 2018 under FRE
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`901 for the same reasons for relying on these objected-to documents, and because
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`these paragraphs include inadmissible hearsay under FRE 802, not within any
`
`hearsay exception.
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`Celltrion further objects to paragraphs 13, 21, and 23 of Exhibit 2018 under
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`FRE 602 for lacking foundation.
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`4.
`
`Exhibit 2003, Exhibit 2012, Exhibit 2013, Exhibit 2014, Exhibit
`2015, Exhibit 2017
`
`Celltrion objects to Exhibits 2012 and 2013 under FRE 602 as lacking
`
`foundation, and to paragraphs 72 and 40 of Exhibit 2017 for the same reasons for
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`respectively relying on the objected-to documents.
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`Celltrion objects to Exhibit 2014 under FRE 901 as not authenticated, under
`
`FRE 602 as lacking foundation, and under FRE 802 as inadmissible hearsay, not
`
`within any hearsay exception. Celltrion further objects to paragraph 56 of Exhibit
`
`2017 for relying on this objected-to document.
`
`Celltrion objects to Exhibit 2015 as not authenticated under FRE 901.
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`Celltrion further objects to this exhibit because it is inadmissible hearsay under
`
`FRE 802, not within any hearsay exception. Celltrion objects to paragraphs 15 and
`
`78 of Exhibit 2017 for relying on the objected-to document.
`
`Celltrion objects to Exhibit 2003 at pages 20-22 under FRE 901 as including
`
`a document that lacks authentication and is inadmissible hearsay under FRE 802,
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`
`
`2
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`
`
`
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`not within any hearsay exception. Celltrion also objects to paragraphs 23-29 of
`
`Exhibit 2017 for the same reasons for relying on the objected-to document, and
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`because these paragraphs include inadmissible hearsay under FRE 802, not within
`
`any hearsay exception.
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`Further, Exhibit 2003 includes pages at the end of the document that lack
`
`internal page numbers. The identity of these pages is unclear, and therefore,
`
`Celltrion objects to this exhibit as not authenticated under FRE 901.
`
`5.
`
`Exhibit 2021, Exhibit 2042, Exhibit 2043, Exhibit 2044, Exhibit
`2053, Exhibit 2055, Exhibit 2059, Exhibit 2060, and Exhibit 2061
`
`Exhibit 2021, Exhibit 2042, Exhibit 2043, Exhibit 2044, Exhibit 2053,
`
`Exhibit 2055, Exhibit 2059, Exhibit 2060, and Exhibit 2061 all published after the
`
`earliest filing date of the ’213 patent and therefore cannot provide any information
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`as to the knowledge of a person of ordinary skill in the art or the state of the art as
`
`of the date of the patent. Therefore, Celltrion objects to these exhibits under FRE
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`401 and 402 because they are not relevant under FRE 401 and therefore not
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`admissible under FRE 402. Celltrion further objects to these exhibits under FRE
`
`403 because any probative value is substantially outweighed by the danger of
`
`unfair prejudice, confusing the issues, wasting time, or needlessly presenting
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`cumulative evidence. Celltrion further objects to these exhibits as not
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`authenticated under FRE 901. Celltrion further objects to these exhibits because it
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`is inadmissible hearsay under FRE 802, not within any hearsay exception.
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`
`
`3
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`
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`6.
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`Exhibit 2029
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`There is no evidence in the record establishing the identity of Exhibit 2029.
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`Therefore, Celltrion objects to this exhibit as not authenticated under FRE 901.
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`Celltrion further objects to this exhibit because it is inadmissible hearsay under
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`FRE 802, not within any hearsay exception.
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`7.
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`Exhibit 2041
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`Celltrion objects to paragraphs 25, 36-37, 48, 65, 172, 180, 186, and 231 of
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`Exhibit 2041 under FRE 602 as lacking foundation. Patent Owner’s expert does
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`provide any citations or support for the statements in these paragraphs; therefore,
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`Patent Owner’s expert has not provided suitable foundation for these opinions.
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`Celltrion further objects to paragraphs 70, 86, 263, and 264 as they rely on
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`art published after the earliest filing date of the ’213 patent that cannot provide any
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`information as to the knowledge of a person of ordinary skill in the art or the state
`
`of the art as of the date of the patent. Therefore, Celltrion objects to these
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`paragraphs under FRE 401 and 402 because they are not relevant under FRE 401
`
`and therefore not admissible under FRE 402. Celltrion further objects to these
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`paragraphs under FRE 403 because any probative value is substantially
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`outweighed by the danger of unfair prejudice, confusing the issues, wasting time,
`
`or needlessly presenting cumulative evidence. Celltrion further objects to these
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`
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`4
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`paragraphs as containing inadmissible hearsay under FRE 802, not within any
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`hearsay exception.
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`8.
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`Exhibit 2062
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`Exhibit 2062 is an attorney-created document that does not make any issue
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`in this proceeding more or less probable. Therefore, Celltrion objects to this
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`exhibit under FRE 401 and 402 because it is not relevant under FRE 401 and
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`therefore not admissible under FRE 402. Celltrion further objects to this exhibit
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`under FRE 403 because any probative value is substantially outweighed by the
`
`danger of unfair prejudice, confusing the issues, wasting time, or needlessly
`
`presenting cumulative evidence. Celltrion further objects to this exhibits as not
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`authenticated under FRE 901. Celltrion further objects to this exhibit because it is
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`inadmissible hearsay under FRE 802, not within any hearsay exception. Celltrion
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`further objects to this exhibit because it lacks foundation under FRE 602.
`
`Dated: March 15, 2018
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`
`
`
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`Respectfully submitted,
`
`/Cynthia Lambert Hardman/
`Cynthia Lambert Hardman (Reg. No.
`53,179)
`Robert V. Cerwinski (pro hac vice)
`GOODWIN PROCTER LLP
`620 Eighth Avenue
`New York, NY 10018
`(212) 813-8800 (telephone)
`(212) 355-3333 (facsimile)
`
`Counsel for Petitioner Celltrion, Inc.
`
`5
`
`
`
`
`
`CERTIFICATE OF SERVICE
`Pursuant to 37 C.F.R. §§ 42.6(e) and 42.105, I certify that on this 15th day of
`
`March, 2018, I caused a copy of this PETITIONER’S OBJECTIONS TO PATENT
`
`OWNER’S EVIDENCE SUBMITTED WITH PATENT OWNER’S RESPONSE
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`to be served by electronic mail to the following addresses:
`
`David Cavanaugh (David.Cavanaugh@wilmerhale.com)
`
`Rebecca Whitfield (Rebecca.Whitfield@wilmerhale.com)
`
`Robert Gunther (Robert.Gunther@wilmerhale.com)
`
`Adam Brausa (abrausa@durietangri.com)
`
`Daralyn Durie (ddurie@durietangri.com)
`
`Andrew Danford (Andrew.Danford@wilmerhale.com)
`
`Lisa Pirozzolo (Lisa.Pirozzolo@wilmerhale.com)
`
`Kevin Prussia (Kevin.Prussia@wilmerhale.com)
`
`
`/Cynthia Lambert Hardman/
`Cynthia Lambert Hardman (Reg. No.
`53,179)
`GOODWIN PROCTER LLP
`The New York Times Building
`620 Eighth Avenue
`New York, NY 10018
`(212) 813-8800 (telephone)
`(212) 355-3333 (facsimile)
`
`
`
`
`
`
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