`
`————————————————
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`————————————————
`
`MYLAN PHARMACEUTICALS INC.,
`MSN LABORATORIES PRIVATE LTD.,
`and MSN PHARMACEUTICALS INC.,
`Petitioners,
`
`v.
`
`BAUSCH HEALTH IRELAND LIMITED,
`Patent Owner.
`
`————————————————
`Case IPR2022-007221
`Patent 7,041,786
`————————————————
`
`PETITIONERS’ OBJECTIONS
`TO PATENT OWNER’S SUPPLEMENTAL EVIDENCE
`
`1 IPR2023-00016 has been joined with this proceeding.
`
`
`
`I.
`
`INTRODUCTION
`Petitioners (Mylan) object to Patent Owner (Bausch) exhibits EX2066-
`
`EX2068 for failure to comply with the Federal Rules of Evidence (FRE). 37 C.F.R.
`
`§42.62(a). These objections are filed under §42.64(b)(1).
`
`II. OBJECTIONS
`A. EX2066-EX2068 – Expanded Declarations
`Mylan maintains the objections against EX2023-EX2025 (Paper 30, 1-2) for
`
`EX2066-EX2068, respectively.
`
`B. EX2066, ¶37 – New Shailubhai Paragraph
`EX2066, ¶37 should also be excluded because it is irrelevant, outside Dr.
`
`Shailubhai’s personal knowledge, and hearsay without exception. FRE 402;
`
`FRE 602; FRE 802.
`
`C. Each Bausch exhibit should be restricted to the purpose for
`which Bausch offered the exhibit
`Each Bausch exhibit should be restricted to the purpose for which Bausch
`
`offered the exhibit. FRE 105. Should Bausch rely on an exhibit for a different
`
`purpose than the one for which it has been offered, Mylan reserves the right to
`
`make additional objections.
`
`III. CONCLUSION
`Bausch EX2066-EX2068 should be excluded; if not excluded, they should
`
`be given no weight.
`
`-1-
`
`
`
`Dated: January 13, 2023
`
` Respectfully submitted,
`
`
`/Jad A. Mills/
`Jad A. Mills, Reg. No. 63,344
`Counsel for Mylan Pharmaceuticals Inc.
`
`-2-
`
`
`
`CERTIFICATE OF SERVICE
`I certify that today this paper was served by email on Bausch’s counsel at:
`
`Justin J. Hasford
`
`justin.hasford@finnegan.com
`
`Bryan C. Diner
`
`bryan.diner@finnegan.com
`
`Joshua Goldberg
`
`joshua.goldberg@finnegan.com
`
`Caitlin O’Connell
`
`caitlin.o’connell@finnegan.com
`
`Kyu Yun Kim
`
`kyuyun.kim@finnegan.com
`
`Kassandra Officer
`
`kassandra.officer@finnegan.com
`
`and on MSN’s counsel at:
`
`Andrew Larsen
`
`alarsen@merchantgould.com
`
`Melissa Hayworth
`
`mhayworth@merchantgould.com
`
`Dated: January 13, 2023
`
`Respectfully submitted,
`
`/Robyn Moriarty/
`Robyn Moriarty
`
`
`
`-3-
`
`
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