IPR2017-01621
`U.S. Patent No. 9,358,240
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`WATSON LABORATORIES, INC.
`Petitioner
`
`v.
`
`UNITED THERAPEUTICS CORP.
`Patent Owner
`
`
`
`Case : IPR2017-01621
`U.S. Patent 9,358,240
`
`Before the Honorable TONI R. SCHEINER, ERICA A. FRANKLIN, and DAVID
`COTTA, Administrative Patent Judges.
`
`PETITIONER’S THIRD SET OF OBJECTIONS
`TO PATENT OWNER’S EXHIBITS
`
`Pursuant to 37 C.F.R. § 42.64(b)(1), the undersigned, on behalf of and acting
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`in a representative capacity for Petitioner Watson Laboratories, Inc., hereby submit
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`the following objections to Patent Owner United Therapeutics Corp.’s (“Patent
`
`Owner”) Exhibits 2105-2147, and any reference to/reliance on the foregoing. These
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`objections are in addition to Petitioner’s Objections to Patent Owner’s Exhibits dated
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`January 26 and May 4, 2018, which remain operative and have not been waived. As
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`U.S. Patent No. 9,358,240
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`WATSON LABORATORIES, INC.
`Petitioner
`
`v.
`
`UNITED THERAPEUTICS CORP.
`Patent Owner
`
`
`
`Case : IPR2017-01621
`U.S. Patent 9,358,240
`
`Before the Honorable TONI R. SCHEINER, ERICA A. FRANKLIN, and DAVID
`COTTA, Administrative Patent Judges.
`
`PETITIONER’S THIRD SET OF OBJECTIONS
`TO PATENT OWNER’S EXHIBITS
`
`Pursuant to 37 C.F.R. § 42.64(b)(1), the undersigned, on behalf of and acting
`
`in a representative capacity for Petitioner Watson Laboratories, Inc., hereby submit
`
`the following objections to Patent Owner United Therapeutics Corp.’s (“Patent
`
`Owner”) Exhibits 2105-2147, and any reference to/reliance on the foregoing. These
`
`objections are in addition to Petitioner’s Objections to Patent Owner’s Exhibits dated
`
`January 26 and May 4, 2018, which remain operative and have not been waived. As
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`IPR2017-01621
`U.S. Patent No. 9,358,240
`required by 37 C.F.R § 42.62, Petitioners’ objections below apply the Federal Rules
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`of Evidence and are based on currently-applicable law. Petitioner reserves the right
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`to amend or supplement its objections in response to any change in law or fact.
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`
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`OBJECTIONS TO EXHIBIT 2076
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`Evidence objected to: Exhibit 2076
`
`Grounds for objection: Exhibit 2076, a document titled “Second Declaration
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`of Ms. Pilar Wyman,” is objected to under Fed. R. Evid. 401, 403, 801 and 802.
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`Exhibit 2076 includes statements that do not make any fact relevant to the grounds
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`upon which trial was instituted more or less probable and any facts that might be
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`established based on this exhibit is of no consequence in determining the issues on
`
`which trial was instituted. Introduction and evaluation of Exhibit 2076 would further
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`lead to undue delay, confusion, and a waste of time. Exhibit 2076 also contains out-
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`of-court statements made by one or more declarants for the purpose of proving the
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`truth of the matter asserted, and on which Petitioner has not had a chance to cross
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`exam. Exhibit 2076 also constitutes improper supplemental evidence submitted with
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`Patent Owner’s Supplemental Patent Owner’s Response.
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` OBJECTIONS TO EXHIBIT 2105
`Evidence objected to: Exhibit 2105
`
`Grounds for objection: Exhibit 2105, a document titled “Second Declaration
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`of Dr. Aaron Waxman,” is objected to under Fed. R. Evid. 401, 403, 801 and 802.
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`IPR2017-01621
`U.S. Patent No. 9,358,240
`Exhibit 2105 includes statements that do not make any fact relevant to the grounds
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`upon which trial was instituted more or less probable and any facts that might be
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`established based on this exhibit is of no consequence in determining the issues on
`
`which trial was instituted. Introduction and evaluation of Exhibit 2105 would further
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`lead to undue delay, confusion, and a waste of time. Exhibit 2105 also contains out-
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`of-court statements made by one or more declarants for the purpose of proving the
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`truth of the matter asserted, and on which Petitioner has not had a chance to cross
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`exam.
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` OBJECTIONS TO EXHIBIT 2106
`Evidence objected to: Exhibit 2106
`
`Grounds for objection: Exhibit 2106, a document titled “Declaration of Mr.
`
`Aaron Trippe,” is objected to under Fed. R. Evid. 401, 403, 801, 802. Exhibit 2106
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`includes statements that do not make any fact relevant to the grounds upon which
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`trial was instituted more or less probable and any facts that might be established
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`based on this exhibit is of no consequence in determining the issues on which trial
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`was instituted. Introduction and evaluation of Exhibit 2106 would further lead to
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`undue delay, confusion, and a waste of time. Exhibit 2106 also contains out-of-court
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`statements made by one or more declarants for the purpose of proving the truth of
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`the matter asserted, and on which Petitioner has not had a chance to cross exam.
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`IPR2017-01621
`U.S. Patent No. 9,358,240
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` OBJECTIONS TO EXHIBIT 2107
`Evidence objected to: Exhibit 2107
`
`Grounds for objection: Exhibit 2107, a document titled “Curriculum vitae of
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`Aaron Trippe,” is objected to under Fed. R. Evid. 401, 403, 801, 802. Exhibit 2107
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`includes statements that do not make any fact relevant to the grounds upon which
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`trial was instituted more or less probable and any facts that might be established
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`based on this exhibit is of no consequence in determining the issues on which trial
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`was instituted. Introduction and evaluation of Exhibit 2107 would further lead to
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`undue delay, confusion, and a waste of time. Exhibit 2107 also contains out-of-court
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`statements made by one or more declarants for the purpose of proving the truth of
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`the matter asserted, and on which Petitioner has not had a chance to cross exam. .
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` OBJECTIONS TO EXHIBIT 2108
`Evidence objected to: Exhibit 2108
`
`Grounds for objection: Exhibit 2108 is the transcript of the May 24, 2018
`
`Deposition of Dr. Maureen Donovan. Pursuant to Board Rules 42.53(f)(4) and
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`42.53(f)(8), Petitioner relies on the objections made during the deposition and
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`recorded in Exhibit 2108, which have not been waived. Petitioner reserves the right
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`to file a motion to exclude such testimony.
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` OBJECTIONS TO EXHIBIT 2109
`Evidence objected to: Exhibit 2109
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`IPR2017-01621
`U.S. Patent No. 9,358,240
`Grounds for objection: Exhibit 2109, a document titled “British Library
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`Catalog Entry for Circulation,” is objected to under Fed. R. Evid. 401, 403, 801, 802,
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`and 901. Exhibit 2109 includes statements that do not make any fact relevant to the
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`grounds upon which trial was instituted more or less probable and any facts that
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`might be established based on this exhibit is of no consequence in determining the
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`issues on which trial was instituted. Introduction and evaluation of Exhibit 2109
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`would further lead to undue delay, confusion, and a waste of time. Exhibit 2109
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`contains out-of-court statements made by one or more declarants for the purpose of
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`proving the truth of the matter asserted. Exhibit 2109 has not been properly
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`authenticated. Exhibit 2109 also constitutes improper supplemental evidence
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`submitted with Patent Owner’s Supplemental Patent Owner’s Response.
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` OBJECTIONS TO EXHIBIT 2110
`Evidence objected to: Exhibit 2110
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`Grounds for objection: Exhibit 2110, a document titled “British Library
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`Catalog Search Results for ‘Cardiology,’” is objected to under Fed. R. Evid. 401,
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`403, 801, 802, and 901. Exhibit 2110 includes statements that do not make any fact
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`relevant to the grounds upon which trial was instituted more or less probable and
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`any facts that might be established based on this exhibit is of no consequence in
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`determining the issues on which trial was instituted. Further Exhibit 2110 was not
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`cited in Patent Owner’s Supplemental Patent Owner Response. Introduction and
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`IPR2017-01621
`U.S. Patent No. 9,358,240
`evaluation of Exhibit 2110 would further lead to undue delay, confusion, and a waste
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`of time. Exhibit 2110 contains out-of-court statements made by one or more
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`declarants for the purpose of proving the truth of the matter asserted. Exhibit 2110
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`has not been properly authenticated. Exhibit 2110 also constitutes improper
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`supplemental evidence submitted with Patent Owner’s Supplemental Patent
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`Owner’s Response.
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` OBJECTIONS TO EXHIBIT 2111
`Evidence objected to: Exhibit 2111
`
`Grounds for objection: Exhibit 2111, a document titled “British Library
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`Catalog Search Results for ‘Cardiovascular system,’” is objected to under Fed. R.
`
`Evid. 401, 403, 801, 802, and 901. Exhibit 2111 includes statements that do not
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`make any fact relevant to the grounds upon which trial was instituted more or less
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`probable and any facts that might be established based on this exhibit is of no
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`consequence in determining the issues on which trial was instituted. Further Exhibit
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`2111 was not cited in Patent Owner’s Supplemental Patent Owner Response.
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`Introduction and evaluation of Exhibit 2111 would further lead to undue delay,
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`confusion, and a waste of time. Exhibit 2111 contains out-of-court statements made
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`by one or more declarants for the purpose of proving the truth of the matter asserted.
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`Exhibit 2111 has not been properly authenticated. Exhibit 2111 also constitutes
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`IPR2017-01621
`U.S. Patent No. 9,358,240
`improper supplemental evidence submitted with Patent Owner’s Supplemental
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`Patent Owner’s Response.
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` OBJECTIONS TO EXHIBIT 2112
`Evidence objected to: Exhibit 2112
`
`Grounds for objection: Exhibit 2112, a document titled “British Library
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`Catalog Search Results for Dewey 616.1,’” is objected to under Fed. R. Evid. 401,
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`403, 801, 802, and 901. Exhibit 2112 includes statements that do not make any fact
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`relevant to the grounds upon which trial was instituted more or less probable and
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`any facts that might be established based on this exhibit is of no consequence in
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`determining the issues on which trial was instituted. Further Exhibit 2112 was not
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`cited in Patent Owner’s Supplemental Patent Owner Response. Introduction and
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`evaluation of Exhibit 2112 would further lead to undue delay, confusion, and a waste
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`of time. Exhibit 2112 contains out-of-court statements made by one or more
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`declarants for the purpose of proving the truth of the matter asserted. Exhibit 2112
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`has not been properly authenticated. Exhibit 2112 also constitutes improper
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`supplemental evidence submitted with Patent Owner’s Supplemental Patent
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`Owner’s Response.
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` OBJECTIONS TO EXHIBIT 2113
`Evidence objected to: Exhibit 2113
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`IPR2017-01621
`U.S. Patent No. 9,358,240
`Grounds for objection: Exhibit 2113, a document titled “Merck Manual –
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`Professional Version – Evaluation of the Pulmonary Patient,” is objected to under
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`Fed. R. Evid. 401, 403, 801, 802, and 901. Exhibit 2113 includes statements that do
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`not make any fact relevant to the grounds upon which trial was instituted more or
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`less probable and any facts that might be established based on this exhibit is of no
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`consequence in determining the issues on which trial was instituted. Introduction
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`and evaluation of Exhibit 2113 would further lead to undue delay, confusion, and a
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`waste of time. Exhibit 2113 contains out-of-court statements made by one or more
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`declarants for the purpose of proving the truth of the matter asserted. Exhibit 2113
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`has not been properly authenticated.
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` OBJECTIONS TO EXHIBIT 2114
`Evidence objected to: Exhibit 2114
`
`Grounds for objection: Exhibit 2114, a document titled “FDA Ventavis Label
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`under Action Date 12/29/2004,” is objected to under Fed. R. Evid. 401, 403, 801,
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`802, and 901. Exhibit 2114 includes statements that do not make any fact relevant
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`to the grounds upon which trial was instituted more or less probable and any facts
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`that might be established based on this exhibit is of no consequence in determining
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`the issues on which trial was instituted. Further Exhibit 2114 was not cited in Patent
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`Owner’s Supplemental Patent Owner Response. Introduction and evaluation of
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`Exhibit 2114 would further lead to undue delay, confusion, and a waste of time.
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`IPR2017-01621
`U.S. Patent No. 9,358,240
`Exhibit 2114 contains out-of-court statements made by one or more declarants for
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`the purpose of proving the truth of the matter asserted. Exhibit 2114 has not been
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`properly authenticated.
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` OBJECTIONS TO EXHIBIT 2115
`Evidence objected to: Exhibit 2115
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`Grounds for objection: Exhibit 2115, a document titled “FDA Ventavis Label
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`under Action Date 8/24/2005,” is objected to under Fed. R. Evid. 401, 403, 801, 802,
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`and 901. Exhibit 2115 includes statements that do not make any fact relevant to the
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`grounds upon which trial was instituted more or less probable and any facts that
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`might be established based on this exhibit is of no consequence in determining the
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`issues on which trial was instituted. Further Exhibit 2115 was not cited in Patent
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`Owner’s Supplemental Patent Owner Response. Introduction and evaluation of
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`Exhibit 2115 would further lead to undue delay, confusion, and a waste of time.
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`Exhibit 2115 contains out-of-court statements made by one or more declarants for
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`the purpose of proving the truth of the matter asserted. Exhibit 2115 has not been
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`properly authenticated.
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` OBJECTIONS TO EXHIBIT 2116
`Evidence objected to: Exhibit 2116
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`Grounds for objection: Exhibit 2116, a document titled “Williamson, A.A.,
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`‘Period or Comma? Decimal Styles over Time and Place,’” is objected to under Fed.
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`U.S. Patent No. 9,358,240
`R. Evid. 401, 403, 801, and 802. Exhibit 2116 includes statements that do not make
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`any fact relevant to the grounds upon which trial was instituted more or less probable
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`and any facts that might be established based on this exhibit is of no consequence in
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`determining the issues on which trial was instituted. Introduction and evaluation of
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`Exhibit 2116 would further lead to undue delay, confusion, and a waste of time.
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`Exhibit 2116 also contains out-of-court statements made by one or more declarants
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`for the purpose of proving the truth of the matter asserted.
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` OBJECTIONS TO EXHIBIT 2117
`Evidence objected to: Exhibit 2117
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`Grounds for objection: Exhibit 2117, a document titled Additional Excerpts
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`from the Deposition of Dr. Maureen Donovan in Civil Action No. 3:15-cv-05723
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`PGS-LHG, is objected to under 401, 403, 801, and 802. Exhibit 2117 includes
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`statements that do not make any fact relevant to the grounds upon which trial was
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`instituted more or less probable and any facts that might be established based on this
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`exhibit is of no consequence in determining the issues on which trial was instituted.
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`Introduction and evaluation of Exhibit 2117 would further lead to undue delay,
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`confusion, and a waste of time. Exhibit 2117 also contains out-of-court statements
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`made by one or more declarants for the purpose of proving the truth of the matter
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`asserted.
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`IPR2017-01621
`U.S. Patent No. 9,358,240
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` OBJECTIONS TO EXHIBIT 2118
`Evidence objected to: Exhibit 2118
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`Grounds for objection: Exhibit 2118, a document titled “The Internet Archive
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`Turns 20: A Behind the Scenes Look at Archiving the Web,” is objected to under
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`Fed. R. Evid. 401, 403, 801, 802, and 901. Exhibit 2118 includes statements that do
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`not make any fact relevant to the grounds upon which trial was instituted more or
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`less probable and any facts that might be established based on this exhibit is of no
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`consequence in determining the issues on which trial was instituted. Further Exhibit
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`2118 was not cited in Patent Owner’s Supplemental Patent Owner Response.
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`Introduction and evaluation of Exhibit 2118 would further lead to undue delay,
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`confusion, and a waste of time. Exhibit 2118 contains out-of-court statements made
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`by one or more declarants for the purpose of proving the truth of the matter asserted.
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`Exhibit 2118 has not been properly authenticated.
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` OBJECTIONS TO EXHIBIT 2119
`Evidence objected to: Exhibit 2119
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`Grounds for objection: Exhibit 2119, a document titled “Alexa Crawls,” is
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`objected to under Fed. R. Evid. 401, 403, 801, 802, and 901. Exhibit 2119 includes
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`statements that do not make any fact relevant to the grounds upon which trial was
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`instituted more or less probable and any facts that might be established based on this
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`exhibit is of no consequence in determining the issues on which trial was instituted.
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`IPR2017-01621
`U.S. Patent No. 9,358,240
`Further Exhibit 2119 was not cited in Patent Owner’s Supplemental Patent Owner
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`Response. Introduction and evaluation of Exhibit 2119 would further lead to undue
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`delay, confusion, and a waste of time. Exhibit 2119 contains out-of-court statements
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`made by one or more declarants for the purpose of proving the truth of the matter
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`asserted. Exhibit 2119 has not been properly authenticated.
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` OBJECTIONS TO EXHIBIT 2120
`Evidence objected to: Exhibit 2120
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`Grounds for objection: Exhibit 2120, a document titled “About this capture,”
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`is objected to under Fed. R. Evid. 401, 403, 801, 802, and 901. Exhibit 2120 includes
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`statements that do not make any fact relevant to the grounds upon which trial was
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`instituted more or less probable and any facts that might be established based on this
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`exhibit is of no consequence in determining the issues on which trial was instituted.
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`Introduction and evaluation of Exhibit 2120 would further lead to undue delay,
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`confusion, and a waste of time. Exhibit 2120 contains out-of-court statements made
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`by one or more declarants for the purpose of proving the truth of the matter asserted.
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`Exhibit 2120 has not been properly authenticated.
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`OBJECTIONS TO EXHIBIT 2121
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`Evidence objected to: Exhibit 2121
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`Grounds for objection: Exhibit 2121, purportedly
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`the webpage at
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`https://web.archive.org/web/20130801000000*/http://ec.europa.eu/health/documen
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`U.S. Patent No. 9,358,240
`ts/community-register/, is objected to under Fed. R. Evid. 401, 403, 801, 802, and
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`901. Exhibit 2121 includes statements that do not make any fact relevant to the
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`grounds upon which trial was instituted more or less probable and any facts that
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`might be established based on this exhibit is of no consequence in determining the
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`issues on which trial was instituted. Further Exhibit 2121 was not cited in Patent
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`Owner’s Supplemental Patent Owner Response. Introduction and evaluation of
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`Exhibit 2121 would further lead to undue delay, confusion, and a waste of time.
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`Exhibit 2121 contains out-of-court statements made by one or more declarants for
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`the purpose of proving the truth of the matter asserted. Exhibit 2121 has not been
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`properly authenticated.
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` OBJECTIONS TO EXHIBIT 2122
`Evidence objected to: Exhibit 2122
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`Grounds for objection: Exhibit 2122, purportedly
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`the webpage at
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`https://web.archive.org/web/20131012140925/http://ec.europa.eu/health/document
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`s/community-register/, is objected to under Fed. R. Evid. 401, 403, 801, 802, and
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`901. Exhibit 2122 includes statements that do not make any fact relevant to the
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`grounds upon which trial was instituted more or less probable and any facts that
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`might be established based on this exhibit is of no consequence in determining the
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`issues on which trial was instituted. Further Exhibit 2122 was not cited in Patent
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`Owner’s Supplemental Patent Owner Response. Introduction and evaluation of
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`IPR2017-01621
`U.S. Patent No. 9,358,240
`Exhibit 2122 would further lead to undue delay, confusion, and a waste of time.
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`Exhibit 2122 contains out-of-court statements made by one or more declarants for
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`the purpose of proving the truth of the matter asserted. Exhibit 2122 has not been
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`properly authenticated.
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` OBJECTIONS TO EXHIBIT 2123
`Evidence objected to: Exhibit 2123
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`Grounds for objection: Exhibit 2123, purportedly
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`the webpage at
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`https://web.archive.org/web/20100815000000*/http://ec.europa.eu/health/documen
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`ts/community-register/html/h255.htm, is objected to under Fed. R. Evid. 401, 403,
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`801, 802, and 901. Exhibit 2123 includes statements that do not make any fact
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`relevant to the grounds upon which trial was instituted more or less probable and
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`any facts that might be established based on this exhibit is of no consequence in
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`determining the issues on which trial was instituted. Further Exhibit 2123 was not
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`cited in Patent Owner’s Supplemental Patent Owner Response. Introduction and
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`evaluation of Exhibit 2123 would further lead to undue delay, confusion, and a waste
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`of time. Exhibit 2123 contains out-of-court statements made by one or more
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`declarants for the purpose of proving the truth of the matter asserted. Exhibit 2123
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`has not been properly authenticated.
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` OBJECTIONS TO EXHIBIT 2124
`Evidence objected to: Exhibit 2124
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`IPR2017-01621
`U.S. Patent No. 9,358,240
`Grounds for objection: Exhibit 2124, purportedly
`the webpage at
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`https://web.archive.org/web/20100818181435/http://ec.europa.eu/health/document
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`s/community-register/html/h255.htm, is objected to under Fed. R. Evid. 401, 403,
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`801, 802, and 901. Exhibit 2124 includes statements that do not make any fact
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`relevant to the grounds upon which trial was instituted more or less probable and
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`any facts that might be established based on this exhibit is of no consequence in
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`determining the issues on which trial was instituted. Further Exhibit 2124 was not
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`cited in Patent Owner’s Supplemental Patent Owner Response. Introduction and
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`evaluation of Exhibit 2124 would further lead to undue delay, confusion, and a waste
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`of time. Exhibit 2124 contains out-of-court statements made by one or more
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`declarants for the purpose of proving the truth of the matter asserted. Exhibit 2124
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`has not been properly authenticated.
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` OBJECTIONS TO EXHIBIT 2125
`Evidence objected to: Exhibit 2125
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`Grounds for objection: Exhibit 2125, purportedly the popup window resulting
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`from the selection of the “EN” option in the “summary publ” menu of
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`https://web.archive.org/web/20100818181435/http://ec.europa.eu/health/document
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`s/community-register/html/h255.htm for procedure listed as having a “close date
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`procedure” of 8/09/2005, is objected to under Fed. R. Evid. 401, 403, 801, 802, and
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`901. Exhibit 2125 includes statements that do not make any fact relevant to the
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`U.S. Patent No. 9,358,240
`grounds upon which trial was instituted more or less probable and any facts that
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`might be established based on this exhibit is of no consequence in determining the
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`issues on which trial was instituted. Further Exhibit 2125 was not cited in Patent
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`Owner’s Supplemental Patent Owner Response. Introduction and evaluation of
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`Exhibit 2125 would further lead to undue delay, confusion, and a waste of time.
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`Exhibit 2125 contains out-of-court statements made by one or more declarants for
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`the purpose of proving the truth of the matter asserted. Exhibit 2125 has not been
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`properly authenticated.
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`OBJECTIONS TO EXHIBIT 2126
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`Evidence objected to: Exhibit 2126
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`Grounds for objection: Exhibit 2126, purportedly the Wayback Machine
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`results for the webpage at popup window resulting from the selection of the “EN”
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`option in the “summary publ” menu (EX. 2125), is objected to under Fed. R. Evid.
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`401, 403, 801, 802, and 901. Exhibit 2126 includes statements that do not make any
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`fact relevant to the grounds upon which trial was instituted more or less probable
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`and any facts that might be established based on this exhibit is of no consequence in
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`determining the issues on which trial was instituted. Further Exhibit 2126 was not
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`cited in Patent Owner’s Supplemental Patent Owner Response. Introduction and
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`evaluation of Exhibit 2126 would further lead to undue delay, confusion, and a waste
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`of time. Exhibit 2126 contains out-of-court statements made by one or more
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`declarants for the purpose of proving the truth of the matter asserted. Exhibit 2026
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`has not been properly authenticated.
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`IPR2017-01621
`U.S. Patent No. 9,358,240
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`OBJECTIONS TO EXHIBIT 2127
`
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`Evidence objected to: Exhibit 2127
`
`Grounds for objection: Exhibit 2127, purportedly the popup window resulting
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`from the selection of the “EN” option in the “decision docs” menu and “annex” menu
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`of
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`https://web.archive.org/web/20100818181435/http://ec.europa.eu/health/document
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`s/community-register/html/h255.htm for procedure listed as having a “close date
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`procedure” of 8/09/2005, is objected to under Fed. R. Evid. 401, 403, 801, 802, and
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`901. Exhibit 2127 includes statements that do not make any fact relevant to the
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`grounds upon which trial was instituted more or less probable and any facts that
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`might be established based on this exhibit is of no consequence in determining the
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`issues on which trial was instituted. Further Exhibit 2127 was not cited in Patent
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`Owner’s Supplemental Patent Owner Response. Introduction and evaluation of
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`Exhibit 2127 would further lead to undue delay, confusion, and a waste of time.
`
`Exhibit 2127 contains out-of-court statements made by one or more declarants for
`
`the purpose of proving the truth of the matter asserted. Exhibit 2127 has not been
`
`properly authenticated.
`
` OBJECTIONS TO EXHIBIT 2128
`Evidence objected to: Exhibit 2128
`
`
`
`18
`
`
`
`IPR2017-01621
`U.S. Patent No. 9,358,240
`Grounds for objection: Exhibit 2128, purportedly
`the webpage at
`
`https://web.archive.org/web/*/http://ec.europa.eu/health/documents/community-
`
`register/2005/2005090510259/*, is objected to under Fed. R. Evid. 401, 403, 801,
`
`802, and 901. Exhibit 2128 includes statements that do not make any fact relevant
`
`to the grounds upon which trial was instituted more or less probable and any facts
`
`that might be established based on this exhibit is of no consequence in determining
`
`the issues on which trial was instituted. Further Exhibit 2128 was not cited in Patent
`
`Owner’s Supplemental Patent Owner Response. Introduction and evaluation of
`
`Exhibit 2128 would further lead to undue delay, confusion, and a waste of time.
`
`Exhibit 2128 contains out-of-court statements made by one or more declarants for
`
`the purpose of proving the truth of the matter asserted. Exhibit 2128 has not been
`
`properly authenticated.
`
`OBJECTIONS TO EXHIBIT 2129
`
`
`Evidence objected to: Exhibit 2129
`
`Grounds for objection: Exhibit 2129, purportedly
`
`the webpage at
`
`http://ec.europa.eu/health/documents/communityregister/html/h255.htm,
`
`is
`
`objected to under Fed. R. Evid. 401, 403, 801, 802, and 901. Exhibit 2129 includes
`
`statements that do not make any fact relevant to the grounds upon which trial was
`
`instituted more or less probable and any facts that might be established based on this
`
`exhibit is of no consequence in determining the issues on which trial was instituted.
`
`
`
`19
`
`
`
`IPR2017-01621
`U.S. Patent No. 9,358,240
`Further Exhibit 2129 was not cited in Patent Owner’s Supplemental Patent Owner
`
`Response. Introduction and evaluation of Exhibit 2129 would further lead to undue
`
`delay, confusion, and a waste of time. Exhibit 2129 contains out-of-court statements
`
`made by one or more declarants for the purpose of proving the truth of the matter
`
`asserted. Exhibit 2129 has not been properly authenticated.
`
`OBJECTIONS TO EXHIBIT 2130
`
`
`Evidence objected to: Exhibit 2130
`
`
`
`20
`
`
`
`IPR2017-01621
`U.S. Patent No. 9,358,240
`Grounds for objection: Exhibit 2130, purportedly the new tab resulting from
`
`the selection of the “ENG” option in the “decision docs” menu and “annex” menu
`
`of
`
`http://ec.europa.eu/health/documents/communityregister/html/h255.htm
`
`for
`
`procedure listed as having a “close date procedure” of 8/09/2005, is objected to
`
`under Fed. R. Evid. 401, 403, 801, 802, and 901. Exhibit 2130 includes statements
`
`that do not make any fact relevant to the grounds upon which trial was instituted
`
`more or less probable and any facts that might be established based on this exhibit
`
`is of no consequence in determining the issues on which trial was instituted. Further
`
`Exhibit 2130 was not cited in Patent Owner’s Supplemental Patent Owner Response.
`
`Introduction and evaluation of Exhibit 2130 would further lead to undue delay,
`
`confusion, and a waste of time. Exhibit 2130 contains out-of-court statements made
`
`by one or more declarants for the purpose of proving the truth of the matter asserted.
`
`Exhibit 2130 has not been properly authenticated.
`
` OBJECTIONS TO EXHIBIT 2131
`Evidence objected to: Exhibit 2131
`
`Grounds for objection: Exhibit 2131, purportedly the new tab resulting from
`
`the selection of
`
`the “ENG” option
`
`in
`
`the “summary publ” menu of
`
`http://ec.europa.eu/health/documents/communityregister/html/h255.htm
`
`for
`
`procedure listed as having a “close date procedure” of 8/09/2005, is objected to
`
`under Fed. R. Evid. 401, 403, 801, 802, and 901. Exhibit 2131 includes statements
`
`
`
`21
`
`
`
`IPR2017-01621
`U.S. Patent No. 9,358,240
`that do not make any fact relevant to the grounds upon which trial was instituted
`
`more or less probable and any facts that might be established based on this exhibit
`
`is of no consequence in determining the issues on which trial was instituted. Further
`
`Exhibit 2131 was not cited in Patent Owner’s Supplemental Patent Owner Response.
`
`Introduction and evaluation of Exhibit 2131 would further lead to undue delay,
`
`confusion, and a waste of time. Exhibit 2131 contains out-of-court statements made
`
`by one or more declarants for the purpose of proving the truth of the matter asserted.
`
`Exhibit 2131 has not been properly authenticated.
`
`OBJECTIONS TO EXHIBIT 2132
`
`
`Evidence objected to: Exhibit 2132
`
`Grounds for objection: Exhibit 2132, purportedly the Wayback Machine
`
`results for the webpage at the new tab resulting from the selection of the “ENG”
`
`option
`
`in
`
`the
`
`“summary
`
`publ”
`
`menu
`
`http://ec.europa.eu/health/documents/communityregister/html/h255.htm
`
`of
`
`for
`
`procedure listed as having a “close date procedure” of 8/09/2005, is objected to
`
`under Fed. R. Evid. 401, 403, 801, 802, and 901. Exhibit 2132 includes statements
`
`that do not make any fact relevant to the grounds upon which trial was instituted
`
`more or less probable and any facts that might be established based on this exhibit
`
`is of no consequence in determining the issues on which trial was instituted. Further
`
`Exhibit 2132 was not cited in Patent Owner’s Supplemental Patent Owner Response.
`
`
`
`22
`
`
`
`IPR2017-01621
`U.S. Patent No. 9,358,240
`Introduction and evaluation of Exhibit 2132 would further lead to undue delay,
`
`confusion, and a waste of time. Exhibit 2132 contains out-of-court statements made
`
`by one or more declarants for the purpose of proving the truth of the matter asserted.
`
`Exhibit 2132 has not been properly authenticated.
`
` OBJECTIONS TO EXHIBIT 2133
`Evidence objected to: Exhibit 2133
`
`Grounds for objection: Exhibit 2133, purportedly the webpage available at
`
`https://web.archive.org/web/20140115000000*/https://ec.europa.eu/transparency/r
`
`egdoc/index.cfm?fuseaction=home, is objected to under Fed. R. Evid. 401, 403, 801,
`
`802, and 901. Exhibit 2133 includes statements that do not make any fact relevant
`
`to the grounds upon which trial was instituted more or less probable and any facts
`
`that might be established based on this exhibit is of no consequence in determining
`
`the issues on which trial was instituted. Further Exhibit 2133 was not cited in Patent
`
`Owner’s Supplemental Patent Owner Response. Introduction and evaluation of
`
`Exhibit 2133 would further lead to undue delay, confusion, and a waste of time.
`
`Exhibit 2133 contains out-of-court statements made by one or more declarants for
`
`the purpose of proving the truth of the matter asserted. Exhibit 2133 has not been
`
`properly authenticated.
`
`OBJECTIONS TO EXHIBIT 2134
`
`
`Evidence objected to: Exhibit 2134
`
`
`
`23
`
`
`
`IPR2017-01621
`U.S. Patent No. 9,358,240
`Grounds for objection: Exhibit 2134, purportedly the webpage available at
`
`https://web.archive.org/web/20140101160453/http://ec.europa.eu/transparen
`
`cy/regdoc/index.cfm?fuseaction=home, is objected to under Fed. R. Evid. 401, 403,
`
`801, 802, and 901. Exhibit 2134 includes statements that do not make any fact
`
`relevant to the grounds upon which trial was instituted more or less probable and
`
`any facts that might be established based on this exhibit is of no consequence in
`
`determining the issues on which trial was instituted. Further Exhibit 2134 was not
`
`cited in Patent Owner’s Supplemental Patent Owner Response. Introduction and
`
`evaluation of Exhibit 2134 would further lead to undue delay, confusion, and a waste
`
`of time. Exhibit 2134 contains out-of-court statements made by one or more
`
`declarants for the purpose of proving the truth of the matter asserted. Exhibit 2134
`
`has not been properly authenticated.
`
`OBJECTIONS TO EXHIBIT 2135
`
`
`Evidence objected to: Exhibit 2135
`
`Grounds for objection: Exhibit 2135 purportedly the webpage available at
`
`https://web.archive.org/web/20060513232957/http://ec.europa.eu/, is objected to
`
`under Fed. R. Evid. 401, 403, 801, 802, and 901. Exhibit 2135 includes statements
`
`that do not make any fact relevant to the grounds upon which trial was instituted
`
`more or less probable and any facts that might be established based on this exhibit
`
`is of no co
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