`Patent Owner’s Objections to Evidence
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`Filed on behalf of Patent Owner Genentech, Inc. by
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`David L. Cavanaugh (Reg. No. 36,476)
`Lauren V. Blakely (Reg. No. 70,247)
`Robert J. Gunther, Jr. (Pro Hac Vice)
`Lisa J. Pirozzolo (Pro Hac Vice)
`Kevin S. Prussia (Pro Hac Vice)
`Andrew J. Danford (Pro Hac Vice)
`WILMER CUTLER PICKERING
` HALE AND DORR LLP
`1875 Pennsylvania Ave., NW
`Washington, DC 20006
`
`Adam R. Brausa (Reg. No. 60,287)
`Daralyn J. Durie (Pro Hac Vice)
`Durie Tangri LLP
`217 Leidesdorff Street
`San Francisco, CA 94111
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`BOEHRINGER INGELHEIM PHARMACEUTICALS, INC.,
`Petitioner,
`
`v.
`
`GENENTECH, INC.,
`Patent Owner.
`
`
`Case IPR2017-02032
`U.S. Patent 6,407,213
`
`
`PATENT OWNER’S OBJECTIONS TO EVIDENCE
`PURSUANT TO 37 C.F.R. § 42.64
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`Pursuant to 37 C.F.R. § 42.64, Patent Owner Genentech, Inc. presents the
`
`IPR2017-02032
`Patent Owner’s Objections to Evidence
`
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`following objections to evidence served with Petitioner Boehringer Ingelheim
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`Pharmaceuticals, Inc.’s Petition.
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`Patent Owner objects to Exhibit 1003, Declaration of Dr. Geoffrey Hale,
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`Ph.D. Patent Owner specifically objects to ¶¶ 26-34, 42-43, 45-46, 48-49, 55-56,
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`69, 74-75, 77-83, 85-106, 110, 114-116, 119, 123-124, 126-127, 129, 132-133,
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`135-136, 145-150, 152-153, 155-160, 162-166, 168, 171-178, 180, 182-183, 185-
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`186, 188-191, 193-203, 205, 207-209, 211-213, 215-223, 225-227, 229-236, 238-
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`244, 246-247, 249-277, 279-289, 291-302, 304-308, 310-314, 316-324, 326-337,
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`339-355 and all paragraphs that rely on those paragraphs as lacking a disclosed
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`basis of sufficient facts or data (FRE 705; 37 C.F.R. § 42.65), not being based on
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`sufficient facts or data, the product of reliable principles and methods, and/or a
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`reliable application of the principles and methods to the facts (FRE 702, 703), and
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`being misleading and/or confusing (FRE 403). Patent Owner also specifically
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`objects to ¶¶ 27-32, 34, 106-122, 133-141, 144-227, 252-318, 347-352, and all
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`paragraphs that rely on those paragraphs as irrelevant (FRE 402) in view of the
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`denial of institution for certain grounds in the Institution Decision (Paper 17 at 14).
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`Patent Owner objects to Exhibit 1003C in its entirety as lacking a disclosed
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`basis of sufficient facts or data (FRE 705; 37 C.F.R. § 42.65), not being based on
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`sufficient facts or data, the product of reliable principles and methods, and/or a
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`reliable application of the principles and methods to the facts (FRE 702, 703), and
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`IPR2017-02032
`Patent Owner’s Objections to Evidence
`
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`being misleading and/or confusing (FRE 403).
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`Patent Owner objects to Exhibit 1024, Marks, L., The Story of Cesar
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`Milstein and Monoclonal Antibodies: A Healthcare Revolution in the Making at
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`http://www.whatisbiotechnology.org/exhibitions/milstein, as lacking proper
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`authentication (FRE 901).
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`Patent Owner objects to Exhibit 1030, “Protein Data Bank – Chronology,” at
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`https://www.nsf.gov/news_summ_jsp?cntn_id=100689, as lacking proper
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`authentication (FRE 901).
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`Patent Owner objects to Exhibit 1039, SEER Fact Sheets: Breast Cancer, at
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`http://seer.cancer.gov/statfacts/html/breast.html, as lacking proper authentication
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`(FRE 901).
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`Patent Owner objects to Exhibit 1074, Accelrys Inc., at
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`http://accelrys.com/micro/insight/insight.html, as lacking proper authentication
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`(FRE 901).
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`Patent Owner objects to Exhibit 1129 Excel Trick, History of Microsoft
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`Excel 1978-2013, http://www.exceltrick.com/others/history-of-excel/, as lacking
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`proper authentication (FRE 901).
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`IPR2017-02032
`Patent Owner’s Objections to Evidence
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`Respectfully submitted,
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`Date: April 12, 2018
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`/David L. Cavanaugh/
`David L. Cavanaugh
`Reg. No. 36,476
`Counsel for Patent Owner
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`WILMER CUTLER PICKERING HALE AND DORR LLP
`1875 PENNSYLVANIA AVENUE NW
`WASHINGTON, DC 20006
`TEL: 650-858-6000
`FAX: 650-858-6363
`EMAIL: david.cavanaugh@wilmerhale.com
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`IPR2017-02032
`Patent Owner’s Objections to Evidence
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`CERTIFICATE OF SERVICE
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`I hereby certify that, on April 12, 2018, I caused a true and correct copy of
`the following materials:
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` •
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` Patent Owner’s Objections to Evidence
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`to be served via electronic mail on the following attorneys of record:
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`Ira J. Levy
`GOODWIN PROCTER LLP
`620 Eighth Avenue, New York, NY 10018
`ILevy@goodwinlaw.com
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`Brian A. Fairchild
`GOODWIN PROCTER LLP
`100 Northern Avenue Boston, MA 02210
`bfairchild@goodwinlaw.com
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`DG-BI213@goodwinlaw.com
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`
`/Lauren V. Blakely/
`Lauren V. Blakely
`Reg. No. 70,247
`WILMER CUTLER PICKERING HALE
`AND DORR LLP
`950 Page Mill Road
`Palo Alto, CA 94304
`(650) 600-5039
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