`Date Filed: September 14, 2018
`
`Filed On Behalf Of:
`Novartis Pharmaceuticals Corporation
`
`By:
`Nicholas N. Kallas
`NKallas@fchs.com
`ZortressAfinitorIPR@fchs.com
`(212) 218-2100
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`WEST-WARD PHARMACEUTICALS INTERNATIONAL LIMITED,
`Petitioner,
`
`v.
`
`NOVARTIS PHARMACEUTICALS CORPORATION,
`Patent Owner.
`
`Case IPR2017-015921
`Patent No. 8,410,131
`
`PATENT OWNER’S OBJECTIONS TO PETITIONER’S
`DEMONSTRATIVE EXHIBITS FOR THE ORAL ARGUMENT
`
`1 IPR2018-00507 has been joined to this proceeding (Paper 29, Apr. 3, 2018).
`
`
`
`Patent Owner objects2 to the following demonstratives served on September
`
`13, 2018, by Petitioner on the grounds set forth below:
`
`PDX5 (citing Ex. 1159 ¶ 18); PDX47 (citing Exs. 1080, 1083, 1131, 2058);
`
`and PDX48 (citing Ex. 1159 ¶ 100) rely on new evidence not cited in Paper 1 or 39
`
`(see Paper 61 at 1, 4);
`
`PDX48 (citing Paper 39 at 11-12; Ex. 1006; Ex. 1039 at 2-3; Ex. 1081)
`
`contains new argument and new reliance on specific pages of Ex.1039 not included
`
`in Paper 1 or 39;
`
`PDX16-18, 21 (citing Paper 39 at 11-12; Ex. 1006 at 6683; Ex. 1159 ¶¶ 101-
`
`103; Ex. 2027 at 163:18-164:15; Ex. 1085); PDX20 (citing Paper 39 at 11; Ex.
`
`1006 at 6683; Ex. 2027 at 163:18-164:15; Ex. 1085) rely on arguments and
`
`evidence not cited in Ground 1 (or Grounds 2 and 3);
`
`PDX33, 40 (Ex. 1004 at 630 (beginning “It was of interest…”)); PDX34, 55
`
`(Ex. 1005 at 1 (first callout beginning “mTOR TARGETING…”)); PDX36 (Ex.
`
`1006 at 6680 (third passage beginning “However, the poor…”)); and PDX38 (Ex.
`
`1006 at 6680) newly focus on different aspects or portions of the exhibits than
`
`were relied on in Paper 1 or 39.
`
`Date: September 14, 2018
`
`Respectfully submitted,
`
`/ Nicholas N. Kallas /
`Nicholas N. Kallas (Reg. No. 31,530)
`
`2 The parties met and conferred but were unable to resolve these objections.
`
`1
`
`
`
`CERTIFICATE OF SERVICE
`
`I certify that a copy of the foregoing PATENT OWNER’S OBJECTIONS
`
`TO PETITIONER’S DEMONSTRATIVE EXHIBITS FOR THE ORAL
`
`ARGUMENT was served on September 14, 2018 by causing it to be sent by email
`
`to counsel for Petitioner at the following email addresses:
`
`Keith A. Zullow (kzullow@goodwinprocter.com)
`
`Marta E. Delsignore (mdelsignore@goodwinprocter.com)
`
`Michael Cottler (mcottler@goodwinlaw.com)
`
`Dated: September 14, 2018
`
`/ Nicholas N. Kallas /
`Nicholas N. Kallas
`Registration No. 31,530
`Lead Counsel for Patent Owner
`FITZPATRICK, CELLA, HARPER
`& SCINTO
`1290 Avenue of the Americas
`New York, NY 10104-3800
`Tel. 212-218-2100
`
`2
`
`
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