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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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`Inter Partes Review No. IPR2017-01374
`Patent No. 6,407,213
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`PETITIONER’S OBJECTIONS TO PATENT OWNER’S EVIDENCE
`SUBMITTED WITH PATENT OWNER’S PRELIMINARY RESPONSE
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`Pursuant to 37 C.F.R. § 42.64(b)(1) and the Federal Rules of Evidence
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`(“FRE”), Petitioner Celltrion, Inc. (“Celltrion”) objects to the admissibility of
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`evidence filed by Patent Owner Genentech, Inc. on September 6, 2017 with its
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`Patent Owner Preliminary Response.
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`1.
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`2.
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`Exhibits 2007-2009
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`Celltrion objects to Exhibits 2007-2009 as not authenticated under FRE 901.
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`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.
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`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.
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`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, 19, and 21 of Exhibit 2018 under
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`FRE 901 for the same reasons for relying on these objected-to documents, and
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`because these paragraphs include inadmissible hearsay under FRE 802, not within
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`any hearsay exception.
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`Celltrion further objects to paragraphs 21 and 23 of Exhibit 2018 under FRE
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`602 for lacking foundation.
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`4.
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`Exhibit 2003, Exhibit 2013, Exhibit 2014, Exhibit 2015, Exhibit
`2017
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`Celltrion objects to Exhibit 2012 and 2013 under FRE 602 as lacking
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`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
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`FRE 602 as lacking foundation, and under FRE 802 as inadmissible hearsay, not
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`within any hearsay exception. Celltrion further objects to paragraph 56 of Exhibit
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`2017 for relying on this objected-to document.
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`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
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`FRE 802, not within any hearsay exception. Celltrion objects to paragraphs 15 and
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`78 of Exhibit 2017 for relying on the objected-to document.
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`Celltrion objects to Exhibit 2003 at pages 20-22 under FRE 901 as including
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`a document that lacks authentication and is inadmissible hearsay under FRE 802,
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`not within any hearsay exception. Celltrion also objects to paragraphs 23-29 of
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`Exhibit 2017 for the same reasons for relying on the objected-to document, and
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`2
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`because these paragraphs include inadmissible hearsay under FRE 802, not within
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`any hearsay exception.
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`Further, Exhibit 2003 includes pages at the end of the document that lack
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`internal page numbers. The identity of these pages is unclear, and therefore,
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`Celltrion objects to this exhibit as not authenticated under FRE 901.
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`5.
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`Exhibit 2021
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`Exhibit 2021 published after the earliest filing date of the ’213 patent and
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`therefore cannot provide any information as to the knowledge of a person of
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`ordinary skill in the art or the state of the art as of the date of the patent. Therefore,
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`Celltrion objects to this exhibit under FRE 401 and 402 because it is not relevant
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`under FRE 401 and therefore not admissible under FRE 402. Celltrion further
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`objects to this exhibit 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,
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`or needlessly presenting cumulative evidence. Celltrion further objects to this
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`exhibit as not authenticated under FRE 901. Celltrion further objects to this
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`exhibit because it is inadmissible hearsay under FRE 802, not within any hearsay
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`exception.
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`6.
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`Exhibit 2023
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`Exhibit 2023 published after the earliest filing date of the ’213 patent and
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`therefore cannot provide any information as to the knowledge of a person of
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`3
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`ordinary skill in the art or the state of the art as of the date of the patent. Therefore,
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`Celltrion objects to this exhibit under FRE 401 and 402 because it is not relevant
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`under FRE 401 and therefore not admissible under FRE 402. Celltrion further
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`objects to this exhibit 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,
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`or needlessly presenting cumulative evidence. Celltrion further objects to this
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`exhibit as not authenticated under FRE 901. Celltrion further objects to this
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`exhibit because it is inadmissible hearsay under FRE 802, not within any hearsay
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`exception.
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`7.
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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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`Dated: December 15, 2017
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`
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`Respectfully submitted,
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`/ Cynthia Lambert Hardman /
`Cynthia Lambert Hardman (Reg. No.
`53,179)
`Robert V. Cerwinski (to seek pro hac vice
`admission)
`GOODWIN PROCTER LLP
`620 Eighth Avenue
`New York, NY 10018
`4
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`(212) 813-8800 (telephone)
`(212) 355-3333 (facsimile)
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`Counsel for Petitioner Celltrion, Inc.
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`5
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`CERTIFICATE OF SERVICE
`Pursuant to 37 C.F.R. §§ 42.6(e) and 42.105, I certify that on this 15th day of
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`December, 2017, I caused a copy of this PETITIONER’S OBJECTIONS TO
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`PATENT OWNER’S EVIDENCE SUBMITTED WITH PATENT OWNER’S
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`PRELIMINARY RESPONSE to be served by electronic mail to the following
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`addresses:
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`David Cavanaugh (David.Cavanaugh@wilmerhale.com)
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`Rebecca Whitfield (Rebecca.Whitfield@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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`/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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