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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`_______________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`_______________________
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`AQUESTIVE THERAPEUTICS, INC.
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`Petitioner
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`v.
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`NEURELIS, INC.
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`Patent Owner
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`_______________________
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`Case: IPR2019-00451
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`U.S. Patent No. 9,763,876
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`______________________
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`PETITIONER’S OBJECTIONS
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`PURSUANT TO 37 C.F.R. § 42.64(b)(1)
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`SECOND SET
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`IPR2019-00451
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`U.S. Patent No. 9,763,876
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`TABLE OF CONTENTS
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`OBJECTIONS ............................................................................................................ 1
`Exhibit 2028: “Intranasal Technology, Inc. Licenses Aegis Therapeutics'
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`Intravail Drug Delivery Technology” (Business Wire) (April 13, 2005).............. 1
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`FRE 402 (relevance); FRE 403 (confusion, waste, prejudice) .......................... 1
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`FRE 802 (hearsay without exception) ............................................................... 1
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`FRE 901 (authentication) ................................................................................... 1
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`FRE 105 (limited purpose) ................................................................................. 1
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`Exhibit 2030: J. Wyse, U.S. Patent No. 9,192,570 issued November 24, 2015 . 2
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`FRE 402 (relevance); FRE 403 (confusion, waste, prejudice) .......................... 2
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`FRE 105 (limited purpose) ................................................................................. 2
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`IPR2019-00451
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`U.S. Patent No. 9,763,876
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`OBJECTIONS
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`Petitioner, Aquestive Therapeutics, Inc. submits the following objections to
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`evidence of the Patent Owner, Neurelis, Inc.
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`Exhibit 2028: “Intranasal Technology, Inc. Licenses Aegis Therapeutics'
`Intravail Drug Delivery Technology” (Business Wire) (April
`13, 2005)
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`FRE 402 (relevance); FRE 403 (confusion, waste, prejudice)
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`The exhibit is not cited in Patent Owner’s Sur-Reply (Paper 28) and is not relevant
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`to any instituted ground. The exhibit’s probative value is substantially outweighed
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`by its confusion of the issues to be decided, its waste of the Board’s and the
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`Petitioner’s time, and the danger that it will lead to unfair prejudice if used later in
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`the proceeding or on appeal.
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`FRE 802 (hearsay without exception)
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`The exhibit is offered to prove the truth of the matter asserted without
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`meeting any hearsay exception.
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`FRE 901 (authentication)
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`Patent Owner failed to provide evidence sufficient to establish the exhibit is
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`what it is purported to be.
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`FRE 105 (limited purpose)
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`If the exhibit is admitted, its use should be limited to the purpose for which
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`1
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`IPR2019-00451
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`it was offered in Patent Owner’s Sur-Reply (Paper 28).
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`U.S. Patent No. 9,763,876
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`Exhibit 2030: J. Wyse, U.S. Patent No. 9,192,570 issued November 24, 2015
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`FRE 402 (relevance); FRE 403 (confusion, waste, prejudice)
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`The exhibit is not relevant to any instituted ground. The exhibit’s probative value
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`is substantially outweighed by its confusion of the issues to be decided, its waste of
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`the Board’s and the Petitioner’s time, and the danger that it will lead to unfair
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`prejudice if used later in the proceeding or on appeal.
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`FRE 105 (limited purpose)
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`If the exhibit is admitted, its use should be limited to the purpose for which
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`it was offered in Patent Owner’s Sur-Reply (Paper 28).
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`Dated: March 17, 2019.
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`/Michael I. Chakansky/
`Michael I. Chakansky (Reg. No. 31,600)
`Hoffmann & Baron, LLP
`4 Century Drive
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`Parsippany, N.J. 07054
`mchakansky@hbiplaw.com
`Tel: 973.331.1700
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`First Backup Counsel for
`Petitioner Aquestive Therapeutics, Inc.
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`IPR2019-00451
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`U.S. Patent No. 9,763,876
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`CERTIFICATE OF SERVICE
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`I hereby certify that on this the 17th day of March 2020, the foregoing
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`PETITIONER’S OBJECTIONS PURSUANT TO 37 C.F.R. § 42.64(b)(1)
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`SECOND SET was served in its entirety on the following counsel of record by
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`electronic service by email at the email addresses as set forth below.
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` Jeffrey Guise
`Richard Torczon
`Lorelei Westin
`Lee Johnson
`Nathaniel Leachman
`Alina L. Litoshyk
`Wendy Devine
`WILSON SONSINI GOODRICH & ROSATI
`jguise@wsgr.com
`rtorczon@wsgr.com
`lwestin@wsgr.com
`ljohnson@wsgr.com
`nleachman@wsgr.com
`alitoshyk@wsgr.com
`wdevine@wsgr.com
`35401.652.palib1@matters.wsgr.com
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`By:
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`/Michael I. Chakansky/
`Michael I. Chakansky (Reg. No. 31,600)
`Hoffmann & Baron, LLP
`4 Century Drive
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`Parsippany, N.J. 07054
`mchakansky@hbiplaw.com
`Tel: 973.331.1700
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`3
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