`___________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
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`ELI LILLY AND COMPANY,
`Petitioner,
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`v.
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`TEVA PHARMACEUTICALS INTERNATIONAL GMBH,
`Patent Owner.
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`___________________
`
`Case IPR2018-01425
`U.S. Patent No. 9,890,210
`___________________
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`
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`Mail Stop "PATENT BOARD"
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`TEVA PHARMACEUTICALS INTERNATIONAL GMBH'S
`OBJECTIONS TO EVIDENCE
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`
`
`Case IPR2018-01425
`Patent No. 9,890,210
`Patent Owner, Teva Pharmaceuticals International GmbH ("Teva"), objects
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`under the Federal Rules of Evidence (FRE) and 37 C.F.R. § 42.64(b)(1) to the
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`admissibility of Exhibits 1082, 1087, 1098, 1110, 1240, 1247, 1261-1279, 1281-
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`1288, 1290-1297, 1308, 1309, 1311, 1313-1318, 1325, and 1326 (the "Challenged
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`Evidence"), filed by Petitioner Eli Lilly and Company ("Lilly") on September 10,
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`2019, with Lilly's Reply. Teva's Objections are filed within five business days of
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`the Reply; therefore, Teva's Objections to Evidence are timely under 37 C.F.R. §
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`42.64(b)(1). Teva files these Objections to provide notice to Lilly that Teva may
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`move to exclude the Challenged Evidence under 37 C.F.R. § 42.64(c), unless cured
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`by Lilly.
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`IDENTIFICATION OF GROUNDS FOR OBJECTIONS
`A. Exhibits 1325 and 1326
`Exhibit 1325 purports to be the “Declaration of Dr. Joseph P. Balthasar,
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`Ph.D.” Teva objects to paragraphs 1-14, 71, and 72 in Exhibit 1325 under FRE 402
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`and FRE 403. Similarly, Exhibit 1326 purports to be the “Declaration of Dr.
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`Andrew Charles, M.D.” Teva objects to paragraphs 1-4, 95, and 96 of Exhibit 1326
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`under FRE 402 and 403. Lilly does not cite any of these paragraphs in its Reply,
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`rendering Dr. Balthasar’s and Dr. Charles’ testimony in these paragraphs irrelevant
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`under FRE 401. Teva therefore objects to these paragraphs under FRE 402. Teva
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`also objects to these paragraphs under FRE 403 because they have no probative
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`Case IPR2018-01425
`Patent No. 9,890,210
`value, create unfair prejudice to Teva, and will only confuse the issues and waste
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`the Board’s time. Teva also objects to Exhibits 1325 and 1326 to the extent that
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`they rely on evidence that is inadmissible under FRE 106, 402, 403, 901, 1001(e),
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`and/or 1003, as described below.
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`B.
`Exhibits 1082, 1087, 1098, 1110, 1240, 1247, 1263-1271, 1281-1288,
`1290-1297, 1308, 1309, 1311, and 1313-1318
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`Teva objects to exhibits 1082, 1087, 1098, 1110, 1240, 1247, 1263-1271,
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`1281, 1283-1288, 1290-1297, 1308, 1309, 1311, and 1313-1318 as lacking
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`authentication under FRE 901. Collectively, these Exhibits are inadmissible under
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`FRE 901 because Lilly has failed to provide sufficient evidence indicating the
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`origin of the documents and has not provided sufficient information regarding their
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`authenticity. Further, these Exhibits are not self-authenticating under FRE 902.
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`Teva also objects to exhibits 1082, 1087, 1098, 1110, 1240, 1247, 1263-
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`1271, 1281-1288, 1290-1297, 1308, 1309, 1311, and 1313-1318 as incomplete.
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`Each of these exhibits appears to be part of a larger work, rendering each exhibit
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`inadmissible under FRE 106 and FRE 403.
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`Teva also objects to exhibits 1087, 1100, 1247, 1264-1271, 1281, 1286,
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`1293, 1296, 1311, 1313, 1314, 1316, and 1317 as irrelevant under FRE 401
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`through FRE 403. These exhibits are not cited in Lilly’s reply, and several are
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`published well after the filing date of the ’210 patent. They are, therefore,
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`irrelevant under FRE 401. Teva therefore objects to these exhibits under FRE 402.
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`Case IPR2018-01425
`Patent No. 9,890,210
`Teva also objects to these exhibits under FRE 403 because they have no probative
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`value, create unfair prejudice to Teva, and will only confuse the issues and waste
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`the Board’s time.
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`C. Exhibits 1261, 1262, 1270-1279, 1284, 1287, 1308, and 1311
`Teva objects to exhibits 1261, 1262, and 1272-1279 as irrelevant under FRE
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`401 through FRE 403. These exhibits are not cited in Lilly’s reply, and several are
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`published well after the filing date of the ’210 patent. There are, therefore,
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`irrelevant under FRE 401. Teva therefore objects to these exhibits under FRE 402.
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`Teva also objects to these exhibits under FRE 403 because they have no probative
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`value, create unfair prejudice to Teva, and will only confuse the issues and waste
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`the Board’s time.
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`Teva also objects to exhibits 1270, 1271, 1278, 1284, 1287, 1308 and 1311
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`under FRE 1001 through FRE 1003. For example, these documents have stray
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`markings and other indicia that they are not original, or even clean copies of the
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`original document. Accordingly, Teva objects to these exhibits for failure to
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`comply with the best evidence rule.
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`CONCLUSION
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`To the extent Lilly fails to correct the defects associated with the Challenged
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`Evidence in view of Teva's objections herein, Teva may file a motion to exclude
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`the Challenged Evidence under 37 C.F.R. § 42.64(c).
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`Case IPR2018-01425
`Patent No. 9,890,210
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`
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`Respectfully submitted,
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C
`
`
`Date: September 17, 2019
`1100 New York Avenue, N.W.
`Washington, D.C. 20005-3934
`(202) 371-2600
`
`
`Deborah A. Sterling, Ph.D.
`Registration No. 62,732
`Lead Attorney for Patent Owner
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`CERTIFICATE OF SERVICE (37 C.F.R. § 42.6(e))
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`I certify that the above-captioned "TEVA PHARMACEUTICALS
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`INTERNATIONAL GMBH'S OBJECTIONS TO EVIDENCE" was served in its
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`entirety on September 17, 2019, upon the following parties via email:
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`William B. Raich
`Erin M. Sommers
`Pier D. DeRoo
`Yieyie Yang
`John Williamson
`Finnegan, Henderson, Farabow,
`Garrett & Dunner, LLP
`901 New York Avenue, NW
`Washington, DC 20001
`william.raich@finnegan.com
`erin.sommers@finnegan.com
`pier.deroo@finnegan.com
`yieyie.yang@finnegan.com
`john.williamson@finnegan.com
`
`Sanjay M. Jivraj
`Mark J. Stewart
`Eli Lilly and Company
`Lilly Corporate Center Patent Dept.
`Indianapolis, IN 46285
`jivraj_sanjay@lilly.com
`stewart_mark@lilly.com
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`
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`STERNE, KESSLER, GOLDSTEIN & FOX L.L.C.
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`
`
`
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`
`
`Deborah A. Sterling, Ph.D.
`Date: September 17, 2019
`1100 New York Avenue, N.W. Registration No. 62,732
`Washington, D.C. 20005-3934
`Lead Attorney for Patent Owner
`(202) 371-2600
`
`13834910.1
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