`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_____________
`
`WATSON LABORATORIES, INC.
`Petitioner
`v.
`UNITED THERAPEUTICS CORP.
`Patent Owner
`Patent No. 9,339,507
`Issue Date: July 13, 2017
`Title: TREPROSTINIL ADMINISTRATION BY INHALATION
`_______________
`
`Inter Partes Review No. 2017-01622
`__________________________________________________
`
`PATENT OWNER OBJECTIONS TO EVIDENCE
`
`
`
`
`
`IPR2017-01622 Patent Owner Objections to Evidence
`
`PATENT OWNER OBJECTIONS TO EVIDENCE
`Under 37 C.F.R. 42.64(b)(1), United Therapeutics Corporation (“Patent
`
`Owner”) objects to the following exhibits filed by Watson Laboratories, Inc.
`
`(“Petitioner”) in support of its petition. These objections are timely; given the
`intervening federal holiday on January 15, 2018, they are being filed and served
`within ten business days of the January 11, 2018 decision to institute trial (Paper 9).
`
`The objections are based on the Federal Rules of Evidence (FRE) and the
`
`Board’s rules in Part 42 of 37 C.F.R. (Bd. R.):
`
`
`
`Exhibit No.
`
`Objection
`
`Exhibits 1002,
`
`FRE 702, 703 – Expert testimony lacking appropriate
`
`¶¶22-248 and
`
`basis; FRE 802 – Hearsay
`
`1055, ¶¶10-37
`
`Exhibit 1003
`
`FRE 802 – Hearsay; FRE 901- Lacking proper
`
`Exhibit 1005
`
`Exhibit 1006
`
`authentication
`
`FRE 402, 403 – Lacking relevance, i.e., not prior art;
`FRE 802 – Hearsay
`
`FRE 402, 403 – Lacking relevance, i.e., relating to
`references on which trial was not instituted; FRE 802 –
`
`Hearsay; FRE 901- Lacking proper authentication
`
`Exhibits 1007-
`
`1009, 1014, 1052,
`
`FRE 402, 403 – Lacking relevance, i.e., relating to
`references on which trial was not instituted
`
`and 1060
`
`4836-0304-5978.1
`
`1
`
`
`
`IPR2017-01622 Patent Owner Objections to Evidence
`
`Exhibits 1038,
`
`1042, 1043, 1049,
`
`FRE 402, 403 – Lacking relevance, i.e., relating to
`references on which trial was not instituted; FRE 901 –
`
`1051, 1053
`
`Lacking proper authentication
`
`Exhibit 1013,
`
`FRE 702, 703 – Expert testimony lacking appropriate
`
`¶¶13-44
`
`basis; FRE 802 – Hearsay
`
`FRE 402,403; Bd. R. 61(a), 104(b)(5) – Lacking
`relevance, i.e., not cited in the Petition or Petitioner’s
`Reply
`
`FRE 402,403; Bd. R. 61(a), 104(b)(5) – Lacking
`relevance, i.e., not cited in the Petition or Petitioner’s
`Reply; FRE 901 – Lacking proper authentication
`
`Exhibits 1015,
`
`018-1027, 1030-
`
`1034, 1040, 1041,
`
`1047, 1050, 1054,
`
`1056, 1057, 1084-
`
`1086, 1104-1111,
`
`1113, 1121, 1143-
`
`1158, 1161 and
`
`1164
`
`Exhibits 1035-
`
`1047, 1039, 1044-
`
`1046, 1048, 1050,
`
`1060-1083, 1087-
`
`1103, 1112, 1114-
`
`1120, 1122-1135,
`
`1137-1142,
`
`and1159
`
`Exhibit 1136
`
`FRE 901 – Lacking proper authentication
`
`4836-0304-5978.1
`
`2
`
`
`
`IPR2017-01622 Patent Owner Objections to Evidence
`
`
`
`In regard to the objections raised above under FRE 402, 403 – relating to
`
`relevance – Patent Owner reserves the right to raise further objections once
`
`relevance of these references has been asserted by Petitioner.
`
`In light of these objections, Patent Owner likewise objects to any testimony
`
`or argument purporting to rely on the objected-to evidence.
`
`
`
`Date: January 26, 2018
`
`
`
`
`
`
`
`Respectfully submitted,
`
`/Stephen B. Maebius/
`Stephen B. Maebius
`Registration No. 35,264
`
`George E. Quillin
`Registration No. 32,792
`
`Foley & Lardner LLP
`3000 K Street, N.W.
`Suite 600
`Washington, D.C. 20007
`
`Shaun R. Snader
`Registration No. 59,987
`United Therapeutics Corporation
`1735 Connecticut Avenue, N.W.
`Second Floor
`Washington, DC 20009
`
`Counsel for Patent Owner
`
`4836-0304-5978.1
`
`3
`
`
`
`IPR2017-01622 Patent Owner Objections to Evidence
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies that a copy of the foregoing PATENT OWNER
`OBJECTIONS TO EVIDENCE is being served on January 26, 2018, by filing this
`document through the PTAB E2E System as well as delivering copies via email to
`
`the following counsel for the Petitioner:
`Michael K. Nutter (Reg. No. 44,979)
`WINSTON & STRAWN LLP
`35 W. Wacker Dr.
`Chicago, IL 60601
`Email: mnutter@winston.com
`
`Andrew R. Sommer (Reg. No. 53,932)
`WINSTON & STRAWN LLP
`1700 K Street, N.W.
`Washington, DC 20006-3817
`Email: asommer@winston.com
`
`Kurt A. Mathas
`WINSTON & STRAWN LLP
`35 W. Wacker Dr.
`Chicago, IL 60601
`Email: kmathas@winston.com
`
`/Stephen B. Maebius/
`
`Stephen B. Maebius
`Registration No. 35,264
`
`George E. Quillin
`Registration No. 32,792
`
`Shaun R. Snader
`Registration No. 59,987
`
`Counsel for Patent Owner
`
`
`
`
`
`
`
`4836-0304-5978.1
`
`4
`
`
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