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`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________
`
`MYLAN INSTITUTIONAL LLC,
`Petitioner,
`
`v.
`
`NOVO NORDISK A/S,
`Patent Owner.
`______________
`
`Case IPR2020-00324
`Patent 8,114,833
`______________
`
`
`PATENT OWNER’S NOTICE OF SUPPLEMENTAL EVIDENCE IN
`RESPONSE TO PETITIONER’S OBJECTIONS TO EXHIBITS
`
`
`
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`
`
`
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`IPR2020-00324
`Patent 8,114,833
`Patent Owner Novo Nordisk A/S (“Novo Nordisk”) submits this Notice of
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`
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`Supplemental Evidence in Response to Petitioner Mylan Institutional LLC’s
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`(“Mylan”) Objections to Patent Owner’s Evidence dated September 25, 2020. In
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`response to Mylan’s objections, Novo Nordisk serves herewith supplemental
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`evidence, identified as Exhibits 2083, 2084, 2085, 2086, 2087, 2088, 2089, 2090,
`
`2091, 2092, 2093, and 2094 pursuant to 37 C.F.R. § 42.64(b)(2). Novo Nordisk
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`further serves herewith its Amended List of Exhibits pursuant to 37 C.F.R. §
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`42.63(e), identifying its supplemental evidence.
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`Mylan objected to Exhibit Nos. 2051, 2052, 2053, 2055, 2057, 2058, 2059,
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`2060, 2062, 2063, 2065, and 2069 (collectively, the “Translated Exhibits”) under 37
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`C.F.R. § 42.63(b) as “failing to file an affidavit.” The only context for its objection
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`that Mylan provided was: “the translation filed with the underlying document is not
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`filed with an affidavit in accordance with 37 C.F.R. § 42.63(b).” Paper 23 at 11.
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`37 C.F.R. 42.63(b) states: “When a party relies on a document or is required
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`to produce a document in a language other than English, a translation of the
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`document into English and an affidavit attesting to the accuracy of the translation
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`must be filed with the document.”
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`The Translated Exhibits did include affidavits attesting to the accuracy of the
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`translation, along with the original Danish language document and certified English
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`translation thereof. Mylan has not explained its position as to why the original
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`
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`1
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`
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`IPR2020-00324
`Patent 8,114,833
`affidavits were allegedly not in accordance with 37 C.F.R. § 42.63(b). Mylan’s
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`
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`objection therefore does not “identify the grounds for the objection with sufficient
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`particularity to allow correction in the form of supplemental evidence,” as is required
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`under 37 C.F.R. § 42.64(b)(1).
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`Nevertheless, in an effort to resolve Mylan’s objections under 37 C.F.R. §
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`42.63(b)(1), Novo Nordisk serves herewith as supplemental evidence a copy of each
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`Translated Exhibit, which includes a supplemental affidavit. Inclusion of the
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`supplemental affidavit with each Translated Exhibit should resolve Mylan’s
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`objections under 37 C.F.R. § 42.63(b)(1), despite Mylan’s failure to clearly articulate
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`the grounds for its objections.
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`Novo Nordisk reserves all rights to respond to any further explanations Mylan
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`may be allowed to provide regarding its evidentiary objections. Novo Nordisk’s
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`service of supplemental evidence is timely under 37 C.F.R. § 42.64(b)(2) because it
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`is served within 10 business days of the service of Mylan’s objections.
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`-2-
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`Dated: October 9, 2020
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`IPR2020-00324
`Patent 8,114,833
`
`Respectfully submitted,
`
`/s/ Jeffrey J. Oelke (Electronically signed)
`Jeffrey J. Oelke, Reg. No. 37,409
`Lead Counsel
`
`Ryan P. Johnson
`Laura T. Moran
`Back-Up Counsel
`
`Fenwick & West LLP
`902 Broadway, Suite 14
`New York, NY 10010
`(212) 430-2600
`joelke@fenwick.com
`ryan.johnson@fenwick.com
`laura.moran@fenwick.com
`
`Counsel for Patent Owner Novo Nordisk A/S
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`
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`-3-
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`
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`CERTIFICATE OF SERVICE
`
`IPR2020-00324
`Patent 8,114,833
`
`Pursuant to 37 C.F.R. § 42.6(e), I hereby certify that on October 9, 2020, the
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`foregoing document is being served by filing this document through the Patent Trial and
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`Appeal Board End to End System, as well as by delivering a copy via electronic mail
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`upon the following counsel of record for the Petitioner:
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`Brandon M. White (Reg. No. 52,354)
`Perkins Coie LLP
`700 Thirteenth Street, N.W., Suite 600
`Washington, D.C. 20005
`Telephone: (202) 654-6206
`BMWhite@perkinscoie.com
`White-ptab@perkinscoie.com
`
`Lara Dueppen (Reg. No. 65,002)
`Perkins Coie LLP
`1888 Century Park East
`Suite 1700
`Los Angeles, CA 90067
`Telephone: (310) 788-3349
`LDueppen@perkinscoie.com
`Dueppen-ptab@perkinscoie.com
`Liraglutide@perkinscoie.com
`
`
`
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`
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`Respectfully submitted,
`
`/s/ Jeffrey J. Oelke (Electronically signed)
`Jeffrey J. Oelke, Reg. No. 37,409
`Lead Counsel
`
`-4-
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`
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`Date: October 9, 2020
`
`
`
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