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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`Celltrion, Inc.
`Petitioner,
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`v.
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`Genentech, Inc.
`Patent Owner
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`Patent No. 6,407,213
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`Inter Partes Review No. IPR2017-01374
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`CELLTRION’S AMENDED REPLY IN SUPPORT OF ITS
`MOTION TO EXCLUDE EVIDENCE
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`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`PROTECTIVE ORDER MATERIAL
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`IPR2017-01374
`Petitioner’s Reply in Support of its Motion to Exclude
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`Exhibits 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, and 2009
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`PROTECTIVE ORDER MATERIAL
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`IPR2017-01374
`Petitioner’s Reply in Support of its Motion to Exclude
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`PROTECTIVE ORDER MATERIAL
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`IPR2017-01374
`Petitioner’s Reply in Support of its Motion to Exclude
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`PROTECTIVE ORDER MATERIAL
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`IPR2017-01374
`Petitioner’s Reply in Support of its Motion to Exclude
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`II. Exhibits 2014 and 2015 Should Be Excluded
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`III. Portions of Exhibits 2016, 2017, and 2018 Should Be Excluded
`As explained in Petitioner’s Motion to Exclude, Portions of Exhibits 2016-
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`2018 should be excluded because they rely on otherwise inadmissible evidence, as
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`described above regarding Exhibits 2001-2009. (Paper 62 at 6-7.)
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` Portions of Exhibit 2016 should also be excluded because they lack
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`foundation under Federal Rule of Evidence 602. Simply because these scientists
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`worked closely with one another and were in communication does not provide an
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`evidentiary basis to establish Dr. Presta’s personal knowledge of facts that Dr.
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`Carter knew. Patent Owner could have offered testimony from Dr. Carter himself
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`concerning his knowledge of the relevant facts but failed to do so.
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`PROTECTIVE ORDER MATERIAL
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`IPR2017-01374
`Petitioner’s Reply in Support of its Motion to Exclude
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`IV. Exhibit 2029 Should Be Excluded
`Patent Owner has not provided any information to establish the authenticity
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`of Exhibit 2029, as is required by Federal Rule of Evidence 901. Additionally,
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`Patent Owner has not established that Exhibit 2029 falls within any exception to
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`the rule against hearsay. Rule 807 should not apply here. Patent Owner did not
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`present any information about what this document was or how the excerpt was
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`created. Additionally, Rule 807 requires that the party offering a hearsay statement
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`into evidence identify the name and address of the author of such a statement.
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`FRE 807(b). Patent Owner did not provide any of this required information.
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`Patent Owner was aware of Petitioner’s objections to Exhibit 2029, but
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`chose not to provide supplemental evidence to overcome Petitioner’s objections.
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`V. Exhibit 2062 Should Be Excluded
`Patent Owner does not contend that it relied on Exhibit 2062 in either its
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`Preliminary Response or its Response, and therefore it is irrelevant to the issues in
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`this proceeding. Patent Owner seeks to confuse the record with attorney-created
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`documents. (Ex. 2039, 226:9-227:13.)
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`Dated: July 19, 2018
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`Respectfully submitted,
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`/Cynthia Lambert Hardman/
`Cynthia Lambert Hardman (Reg. No. 53,179)
`GOODWIN PROCTER LLP
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`Counsel for Petitioner
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`PROTECTIVE ORDER MATERIAL
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`IPR2017-01374
`Petitioner’s Reply in Support of its Motion to Exclude
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`CERTIFICATE OF SERVICE
`Pursuant to 37 C.F.R. § 42.6(e), I certify that on this 19th of July, 2018, I
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`caused a copy of this CELLTRION’S AMENDED REPLY IN SUPPORT OF ITS
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`MOTION TO EXCLUDE EVIDENCE by email on the lead and back up counsel
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`for Patent Owners at:
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`David Cavanaugh (David.Cavanaugh@wilmerhale.com)
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`Lauren V. Blakely (lauren.blakely@wilmerhale.com)
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`Robert Gunther (Robert.Gunther@wilmerhale.com)
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`Adam Brausa (abrausa@durietangri.com)
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`Daralyn Durie (ddurie@durietangri.com)
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`Andrew Danford (Andrew.Danford@wilmerhale.com)
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`Lisa Pirozzolo (Lisa.Pirozzolo@wilmerhale.com)
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`Kevin Prussia (Kevin.Prussia@wilmerhale.com)
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`By: /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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