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`UNITED STATES PATENT AND TRADEMARK OFFICE
`___________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________
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`MYLAN PHARMACEUTICALS INC.,
`SAWAI USA, INC., AND
`SAWAI PHARMACEUTICAL CO., LTD.
`Petitioner,
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`v.
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`BIOGEN MA INC.,
`Patent Owner.
`____________________________________________
`
`IPR2018-014031
`Patent No. 8,399,514
`____________________________________________
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`PATENT OWNER SECOND OBJECTIONS
`TO PETITIONER’S EXHIBITS
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`1 Case IPR2019-00789 has been joined with this proceeding.
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`U.S. Patent No. 8,399,514
`IPR2018-01403
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`Pursuant to 37 C.F.R. § 42.64(b)(1), Patent Owner Biogen MA Inc.
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`(“Biogen”) submits the following objections to Petitioner’s Exhibit Nos. 1066, 1071,
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`1075, 1086, 1087, 1089-1095, 1105, 1106, 1113-1119, 1122, and 1124. Biogen’s
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`objections apply equally to Petitioner’s reliance on these exhibits in any
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`subsequently filed documents. These objections are timely filed and served within
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`five business days of service. 37 C.F.R. § 42.64(b)(1).
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`Exhibit 1066
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`Biogen objects to Exhibit 1066 under Fed. R. Evid. 402 for lack of relevance,
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`as well as under Rule 403 as misleading, confusing, or likely to lead to unfair
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`prejudice or waste of time. Biogen also objects to this Exhibit under Rule 802. To
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`the extent Petitioner relies on the contents of this Exhibit for the truth of the matter
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`asserted, Biogen objects to such contents as inadmissible hearsay (see Rule 801) that
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`does not fall under any exceptions, including those of Rules 803, 804, 805, and 807.
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`Exhibits 1071, 1075, 1086, 1087, 1089-1095, 1105, 1106, 1113-1115,
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`and 1124
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`Biogen objects to Exhibits 1071, 1075, 1086, 1087, 1089-1095, 1105, 1106,
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`1113-1115, and 1124 under Fed. R. Evid. 402 for lack of relevance. Biogen also
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`objects to these Exhibits under Rule 802. To the extent Petitioner relies on the
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`contents of these Exhibits for the truth of the matter asserted, Biogen objects to such
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`contents as inadmissible hearsay (see Rule 801) that does not fall under any
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`U.S. Patent No. 8,399,514
`IPR2018-01403
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`exceptions, including those of Rules 803, 804, 805, and 807. Biogen further objects
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`to these Exhibits under Fed. R. Evid. 901 as not properly authenticated.
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`Exhibits 1116-1119
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`Biogen objects to Exhibits 1116-1119 under Fed. R. Evid. 402 for lack of
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`relevance, as well as under Rule 403 as misleading, confusing, or likely to lead to
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`unfair prejudice or waste of time. Biogen also objects to these Exhibits under Rule
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`802. To the extent Petitioner relies on the contents of these Exhibits for the truth of
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`the matter asserted, Biogen objects to such contents as inadmissible hearsay (see
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`Rule 801) that does not fall under any exceptions, including those of Rules 803, 804,
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`805, and 807.
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`Exhibit 1122
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`Biogen objects to Exhibit 1122 under Fed. R. Evid. 402 for lack of relevance,
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`as well as under Rule 403 as misleading, confusing, or likely to lead to unfair
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`prejudice or waste of time. Biogen also objects to this Exhibit under Rule 802. To
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`the extent Petitioner relies on the contents of this Exhibit for the truth of the matter
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`asserted, Biogen objects to such contents as inadmissible hearsay (see Rule 801) that
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`does not fall under any exceptions, including those of Rules 803, 804, 805, and 807.
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`Biogen further objects to this Exhibit under Rules 602 and 701 for lack of
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`foundation, speculation, and lack of personal knowledge.
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`U.S. Patent No. 8,399,514
`IPR2018-01403
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`
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`By: /Barbara C. McCurdy/
`Barbara C. McCurdy, Reg. No. 32,120
`Mark J. Feldstein, Reg. No. 46,693
`Erin M. Sommers, Reg. No. 60,974
`Cora R. Holt, Reg. No. 68,332
`Pier D. DeRoo, Reg. No. 69,340
`FINNEGAN, HENDERSON, FARABOW,
`GARRETT & DUNNER, LLP
`Counsel for Patent Owner
`Biogen MA Inc.
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`Dated: October 14, 2019
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`U.S. Patent No. 8,399,514
`IPR2018-01403
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`CERTIFICATE OF SERVICE
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`The undersigned certifies that a copy of the foregoing Patent Owner
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`Objections to Petitioner’s Exhibits was served electronically via e-mail on October
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`14, 2019, in its entirety on the following:
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`Brandon M. White
`Shannon M. Bloodworth
`Michael A. Chajon
`Maria A. Stubbings
`Perkins Coie LLP
`700 13th St., NW, Suite 600
`Washington, D.C. 20005
`Telephone: (202) 654-6206
`Email: bmwhite@perkinscoie.com
`Email: sbloodworth@perkinscoie.com
`Email: mchajon@perkinscoie.com
`Email: mstubbings@perkinscoie.com
`
`David L. Anstaett
`Emily J. Greb
`Perkins Coie LLP
`One East Main St., Suite 201
`Madison, WI 53703
`Telephone: (608) 663-7494
`E-mail: danstaett@perkinscoie.com
`E-mail: egreb@perkinscoie.com
`Courtney M. Prochnow
`Perkins Coie LLP
`633 W. 5th St., Suite 5850
`Los Angeles, CA 90071
`Telephone: (310) 788-3284
`Email: cprochnow@perkinscoie.com
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`Brian Sodikoff
`Martin S. Masar III, Ph.D.
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`U.S. Patent No. 8,399,514
`IPR2018-01403
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`Katten Muchin Rosenman LLP
`525 West Monroe Street
`Chicago, IL 60661-3693
`Telephone: (312) 902-5462
`E-mail: brian.sodikoff@kattenlaw.com
`Email: martin.masar@kattenlaw.com
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`Christopher B. Ferenc
`Katten Muchin Rosenman LLP
`2900 K Street NW,
`North Tower - Suite 200
`Washington, DC 20007
`Telephone: (202) 625-3647
`E-mail: Christopher.ferenc@kattenlaw.com
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`Petitioner has agreed to electronic service.
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`By: /Barbara C. McCurdy/
`Barbara C. McCurdy, Reg. No. 32,120
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`FINNEGAN, HENDERSON, FARABOW,
`GARRETT & DUNNER, LLP
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`Dated: October 14, 2019
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