`
`————————————————
`
`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 RESPONSE EVIDENCE
`
`1 IPR2023-00016 has been joined with this proceeding.
`
`
`
`I.
`
`INTRODUCTION
`Petitioner (Mylan) objects to Patent Owner (Bausch) exhibits EX2023-
`
`EX2025, EX2027, EX2028, EX2031-EX2046, EX2048-EX2062, EX2064, and
`
`EX2065 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. EX2023 – Shailubhai Declaration
`EX2023 should be excluded as irrelevant because it is only passingly
`
`mentioned in EX2024 and EX2025, and otherwise uncited; moreover, likelihood of
`
`confusion and undue prejudice outweigh any probative value it might have as
`
`inventor testimony without independent corroboration. FRE 402; FRE 403.
`
`EX2023 should be excluded as presenting opinion testimony from a fact
`
`witness without qualification or proper basis. FRE 701-FRE 703; FRE 705.
`
`EX2023 should be excluded as hearsay without exception, including hearsay
`
`within hearsay. FRE 802.
`
`EX2023 should be excluded for lacking authenticity and proper affirmation.
`
`FRE 603; FRE 901.
`
`B. EX2024, EX2025 – Davies and Waldman Declarations
`EX2024, ¶¶44-46, 76, 83-85, 87-98, 109-113, 127-133, 135-146, 157, 158,
`
`187-203, and 216-243, should be excluded because its likelihood to cause
`
`confusion and undue prejudice outweighs any possible probative value it might
`-1-
`
`
`
`have. FRE 402; FRE 403.
`
`EX2025, ¶¶22-38, 49-53, 55, 59-62, 64-67, 68-82, 89-111, should be
`
`excluded because its likelihood to cause confusion and undue prejudice outweighs
`
`any possible probative value it might have. FRE 402; FRE 403.
`
`EX2024 and EX2025 should be excluded as presenting opinion testimony,
`
`including on an ultimate issue, from witnesses without qualification or proper
`
`basis. FRE 701-FRE 705.
`
`EX2024 and EX2025 should be excluded as hearsay without exception,
`
`including hearsay within hearsay. FRE 802.
`
`EX2024 and EX2025 should be excluded for lacking authenticity and proper
`
`affirmation. FRE 603; FRE 901.
`
`C. EX2027, EX2028 – Shailubhai Reports
`EX2027 and EX2028 are hearsay without exception, and lack independent
`
`authentication, and are likely to cause confusion and undue prejudice outweighing
`
`any possible probative value they might have. FRE 403; FRE 802; FRE 901.
`
`D. EX2031-EX2046, EX2048-EX2062, EX2064, and EX2065
`EX2031-EX2046, EX2048-EX2062, EX2064, and EX2065 are each hearsay
`
`without exception and the likelihood of confusion and undue prejudice outweigh
`
`any possible probative value they might have. FRE 403; FRE 802.
`
`Further, the relevance of EX2031, EX2034, EX2039, EX2042, EX2049,
`
`-2-
`
`
`
`EX2052, EX2054-EX2059, EX2061, and EX2064 is not apparent from Bausch’s
`
`response. FRE 402.
`
`EX2040, EX2044-EX2046, and EX2054 lack sufficient evidence of
`
`authenticity. FRE 901.
`
`E. 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 EX2023-EX2025, EX2027, EX2028, EX2031-EX2046, EX2048-
`
`EX2062, EX2064, and EX2065 should be excluded; if not excluded, they should
`
`be given no weight.
`
`Dated: December 21, 2022
`
` Respectfully submitted,
`
`/Jad Mills/
`Jad Mills, Reg. No. 63,344
`Counsel for Mylan Pharmaceuticals Inc.
`
`-3-
`
`
`
`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: December 21, 2022
`
`Respectfully submitted,
`
`/Robyn Moriarty /
`Robyn Moriarty
`
`
`
`-4-
`
`
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