`_____________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
`KVK-Tech, Inc.,
`Petitioner,
`
`v.
`
`Shire LLC,
`Patent Owner.
`____________
`
`Case IPR2018-00293
`Patent 9,173,857
`__________________
`
`PATENT OWNER’S OBJECTIONS TO PETITIONER’S
`EVIDENCE PURSUANT TO 37 C.F.R. § 42.64(b)(1)
`
`Mail Stop Patent Board
`Patent Trial and Appeal Board
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`1
`
`
`
`Pursuant to 37 C.F.R. § 42.64, Patent Owner Shire LLC asserts its evidentiary
`
`objections to evidence submitted with Petitioner’s Reply (Paper 31). These
`
`objections are timely served within five (5) business days from the Petitioner’s Reply
`
`(Paper 31) filed by on February 7, 2019. Additionally, Patent Owner reserves the
`
`right to present further objections to this or additional evidence submitted by
`
`Petitioner, as allowed by the applicable rules or other authority.
`
`Exhibit 1045
`
`Patent Owner objects to Exhibit 1045 under F.R.E. 703 as including testimony
`
`in the form of expert opinion with improper bases. For example, the testimony relies
`
`on facts or data that are otherwise inadmissible and for which there is no evidence
`
`that these types of facts or data are reasonably relied on by experts in the field.
`
`Patent Owner objects to Exhibit 1045 under F.R.E. 801-803 as including
`
`inadmissible hearsay.
`
` Patent Owner objects to Exhibit 1045 as failing to comply with 37 C.F.R. §§
`
`1.68, 42.2, & 42.63. Specifically, Exhibit 1045 is in the form of a declaration but
`
`there is no evidence the declarant was warned that willful false statements and the
`
`like are punishable by fine or imprisonment.
`
`Patent Owner objects to any portion of this exhibit to the extent it relies on
`
`any other exhibit objected to as set forth herein.
`
`2
`
`
`
`Exhibits 1047, 1049-1057
`
`Patent Owner objects to Exhibits 1047 and 1049-1057 under F.R.E. 401-402
`
`as being irrelevant.
`
`Patent Owner objects to Exhibits 1047 and 1049-1057 under F.R.E. 403
`
`because any probative value of these documents is substantially outweighed by their
`
`unfairly prejudicial effect.
`
`Patent Owner objects to Exhibits 1047 and 1049-1057 under F.R.E. 801-803
`
`as inadmissible hearsay.
`
`Patent Owner objects to Exhibits 1047 and 1049-1057 under F.R.E. 901
`
`because Petitioner has failed to produce sufficient evidence to support a finding that
`
`these documents are what Petitioner claims they are.
`
`Dated: February 14, 2019
`
`Respectfully submitted,
`
`/Joseph R. Robinson/
`Joseph R. Robinson
`PTO Reg. No. 33,448
`
`3
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that a copy of the foregoing Patent
`
`Owner’s Objections to Petitioner’s Evidence was served via electronic mail on
`
`February 14, 2019 on attorneys for Petitioner:
`
`Steven Roth
`sroth@lmiplaw.com
`
`Thomas Vetter
`tvetter@ lmiplaw.com
`
`Dated: February 14, 2019
`
`Respectfully submitted,
`
`/Dustin B. Weeks/
`Dustin B. Weeks
`PTO Reg. No. 67,466
`
`4
`
`
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