`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Filed: March 26, 2021
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`MYLAN INSTITUTIONAL LLC and PFIZER INC.,
`Petitioners,
`
`v.
`
`NOVO NORDISK A/S,
`
`Patent Owner.
`
`
`Case No. IPR2020-003241
`U.S. Patent No. 8,114,833
`
`PETITIONERS’ OBJECTIONS TO PATENT OWNER’S
`DEMONSTRATIVE EXHIBITS
`
`
`
`
`
`1
`IPR2020-01252 has been joined with this proceeding.
`
`
`
`
`
`As authorized by the March 4, 2021 Oral Hearing Order (Paper 51),
`
`Petitioner objects to Patent Owner’s Demonstratives, provided to the Board on
`
`March 24, 2021, as follows.
`
`Slide Objection
`
`19
`
`Contains new argument and/or evidence: the table shown in the slide
`
`does not appear in any of Patent Owner’s Papers or supporting
`
`declarations, thus constituting a different characterization of the
`
`evidence of record.
`
`20
`
`Contains new argument and/or evidence: the table shown in the slide
`
`does not appear in any of Patent Owner’s Papers or supporting
`
`declarations, thus constituting a different characterization of the
`
`evidence of record.
`
`21
`
`Contains new argument and/or evidence: the term “disodium
`
`hydrogen phosphate (anhydrous)” does not appear in any of Patent
`
`Owner’s Papers or supporting declarations, and the cited portion of Ex.
`
`1077 (Tessier Dep. Tr.)—not previously cited by either party—is related
`
`to a new argument that was never raised by Patent Owner in its briefs.
`
`
`
`
`
`
`
`1
`
`
`
`
`
`
`
`Dated: March 26, 2021
`
`
`
`
`/s/ Lara J. Dueppen
`Lara J. Dueppen
`Reg. No. 65,002
`
`Counsel for Petitioner Mylan
`Institutional LLC
`
`2
`
`
`
`
`
`CERTIFICATE OF SERVICE
`Pursuant to 37 C.F.R. § 42.6(e), I certify that I caused to be served a true and
`
`correct copy of the foregoing: Petitioners’ Objections to Patent Owner’s
`
`Demonstrative Exhibits by email to the electronic service addresses for Patent
`
`Owner and Petitioner Pfizer Inc.:
`
`Jeffrey Oelke
`Laura T. Moran
`Ryan P. Johnson
`FENWICK & WEST LLP
`joelke@fenwick.com
`laura.moran@fenwick.com
`ryan.johnson@fenwick.com
`Novo833IPR@fenwick.com
`
`Counsel for Patent Owner
`
`Thomas J. Meloro
`Michael W. Johnson
`WILLKIE FARR & GALLAGHER LLP
`tmeloro@willkie.com
`mjohnson1@willkie.com
`
`Counsel for Petitioner Pfizer Inc.
`
`/s/ Lara J. Dueppen
`Lara J. Dueppen
`Reg. No. 65,002
`
`Counsel for Petitioner Mylan
`Institutional LLC
`
`Dated: March 26, 2021
`
`
`
`
`
`
`
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