`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`HOPEWELL PHARMA VENTURES, INC.,
`Petitioner,
`
`v.
`MERCK SERONO SA,
`Patent Owner.
`____________________________________________
`Case IPR2023-00481
`U.S. Patent No. 8,377,903
`____________________________________________
`
`PATENT OWNER’S OBJECTIONS TO EVIDENCE
`PURSUANT TO 37 C.F.R. § 42.64
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Pursuant to 37 C.F.R. § 42.64, Patent Owner submits the following
`
`IPR2023-00481
`Patent Owner’s Objections to Evidence
`
`
`objections to evidence served with the Petition for inter partes review (“Petition”).
`
`Patent Owner’s objections apply equally to Petitioner’s reliance on these exhibits
`
`in any subsequently filed documents. These objections are timely, having been
`
`filed within ten business days of the Institution Decision (September 22, 2023).
`
`Exhibit 1002 (Declaration of Aaron Miller, Ph.D.).
`
`Patent Owner objects to exhibit 1002 as misleading, incomplete, and lacking
`
`relevance and because any probative value is substantially outweighed by the
`
`danger of unfair prejudice, confusing the issues, misleading the fact finder, undue
`
`delay, and/or wasting time. See Fed. R. Evid. 106, 401, 402, and 403. In
`
`particular, Patent Owner objects to:
`
` ¶¶ 14-16, 19-30, 32-38, 43-49, 51-52, 54-55, 57-63, 71, 77, 92, 96,
`
`104, 106, 109, 115, 119-120, 122-123, 125-126, 128-131, 133-134,
`
`136-137, and 139-141 as misleading, incomplete, and irrelevant
`
`because they lack support for the contentions for which they are cited;
`
` ¶¶ 64-66 and 68-70 as misleading, incomplete, and irrelevant because
`
`they lack support for the contentions for which they are cited and
`
`improperly characterize the teachings of the ’903 patent;
`
` ¶¶ 17-18, 31, 39-42, 50, 53, 56, 78-91, 93-95, 97-103, 105, 107-108,
`
`110-114, 116-118, 121, 124, 127, 132, 135, and 138 as misleading,
`
`- 1 -
`
`
`
`IPR2023-00481
`Patent Owner’s Objections to Evidence
`
`
`incomplete, and irrelevant because they lack support for the
`
`contentions for which they are cited and improperly characterize the
`
`teachings of Bodor and Stelmasiak.
`
`Patent Owner further objects to ¶¶ 20-66, 68-71, and 77-141 as not being
`
`based on sufficient facts or data, the product of reliable principles and methods,
`
`and/or does not reflect a reliable application of the principles and methods to the
`
`facts. See Fed. R. Evid. 702, 703.
`
`Patent Owner further objects to ¶¶ 1-13, 19, 51, 55, 67, and 71-76 because
`
`these paragraphs are not directly cited in the Petition and the relevance of these
`
`paragraphs is not apparent. See Fed. R. Evid. 401, 402.
`
`Patent Owner further objects to pages 91-93 because the chart therein is not
`
`directly cited in the Petition and the relevance of these pages is not apparent. See
`
`Fed. R. Evid. 401, 402.
`
`Patent Owner further objects to ¶¶ 4, 15, 17, 26, 28, 34, 38, 61, 63, 83, 93,
`
`95, 100, 104, and 124, which contain citations to exhibits that are not cited in the
`
`Petition, as irrelevant. See Fed. R. Evid. 402.
`
`Patent Owner further objects to ¶¶ 83 and 124, which contain citations to
`
`exhibits that have not been filed, served, or submitted as evidence in this
`
`proceeding, as irrelevant. See Fed. R. Evid. 402.
`
`- 2 -
`
`
`
`Exhibits 1003, 1017, 1043, 1044, 1045, and 1046.
`
`IPR2023-00481
`Patent Owner’s Objections to Evidence
`
`
`Patent Owner objects to exhibits 1003, 1017, 1043, 1044, 1045, and 1046
`
`under Fed. R. Evid. 401, 402, and 403 as lacking relevance and because their
`
`probative value is substantially outweighed by the danger of unfair prejudice,
`
`confusing the issues, misleading the fact finder, undue delay, and/or wasting time.
`
`Patent Owner further objects to these exhibits under Fed. R. Evid. 401, 402
`
`because the exhibits are not cited in the Petition.
`
`To the extent exhibits 1003, 1017, 1043, 1044, 1045, and 1046 are being
`
`offered to prove the truth of the matter asserted, the exhibits constitute
`
`inadmissible hearsay.
`
`Patent Owner further objects to exhibits 1003, 1017, 1043, 1044, 1045, and
`
`1046 under Fed. R. Evid. 901 because the documents lack authentication.
`
`Patent Owner further objects to exhibit 1044 as incomplete.
`
`Patent Owner further objects to any paragraph of exhibit 1002 to the extent it
`
`relies on exhibits 1003, 1017, 1043, 1044, 1045, or 1046 for at least the reasons
`
`identified here.
`
`Exhibits 1030, 1033, 1035, and 1039.
`
`Patent Owner objects to exhibits 1030, 1033, 1035, and 1039 under Fed. R.
`
`Evid. 401, 402, and 403 as lacking relevance and because their probative value is
`
`substantially outweighed by the danger of unfair prejudice, confusing the issues,
`
`- 3 -
`
`
`
`IPR2023-00481
`Patent Owner’s Objections to Evidence
`
`misleading the fact finder, undue delay, and/or wasting time. Patent Owner further
`
`objects to these exhibits under Fed. R. Evid. 401, 402 because the exhibits are not
`
`cited in the Petition. Moreover, Patent Owner objects to these exhibits under Fed.
`
`R. Evid. 401, 402 because the exhibits are not cited in the Miller Declaration.
`
`To the extent exhibits 1030, 1033, and 1039 are being offered to prove the
`
`truth of the matter asserted, the exhibits constitute inadmissible hearsay.
`
`Patent Owner further objects to exhibits 1030 and 1039 under Fed. R. Evid.
`
`901 because the documents lack authentication.
`
`Exhibits 1004, 1006, 1007, 1008, 1009, 1010, 1012, 1013, 1014, 1018,
`
`1019, 1020, 1021, 1022, 1024, 1025, 1026, 1027, 1028, 1029, 1032, 1034,
`
`1036, 1038, 1040, 1042, 1047, 1048, and 1051.
`
`Patent Owner objects to exhibits 1004, 1006, 1007, 1008, 1009, 1010, 1012,
`
`1013, 1014, 1018, 1019, 1020, 1021, 1022, 1024, 1025, 1026, 1027, 1028, 1029,
`
`1032, 1034, 1036, 1038, 1040, 1042, 1047, 1048, and 1051 under Fed. R. Evid.
`
`401, 402, and 403 as lacking relevance and because their probative value is
`
`substantially outweighed by the danger of unfair prejudice, confusing the issues,
`
`misleading the fact finder, undue delay, and/or wasting time.
`
`To the extent exhibits 1006, 1007, 1008, 1009, 1010, 1012, 1013, 1014,
`
`1018, 1019, 1020, 1021, 1022, 1024, 1026, 1036, 1038, 1040, 1042, 1047, and
`
`- 4 -
`
`
`
`1048 are being offered to prove the truth of the matter asserted, the exhibits
`
`IPR2023-00481
`Patent Owner’s Objections to Evidence
`
`
`constitute inadmissible hearsay.
`
`Patent Owner further objects to exhibits 1006, 1007, 1008, 1009, 1010,
`
`1012, 1013, 1014, 1018, 1019, 1020, 1021, 1036, 1038, 1040, 1042, 1047, and
`
`1048 under Fed. R. Evid. 901 because the documents lack authentication.
`
`Patent Owner further objects to any paragraph of exhibit 1002 to the extent it
`
`relies on 1004, 1006, 1007, 1008, 1009, 1010, 1012, 1013, 1014, 1018, 1019, 1020,
`
`1021, 1022, 1024, 1025, 1026, 1027, 1028, 1029, 1032, 1034, 1036, 1038, 1040,
`
`1042, 1047, 1048, or 1051 for at least the reasons identified here.
`
`
`
`
`Date: October 6, 2023
`
`Respectfully submitted,
`
`By: /Emily R. Whelan/
`Emily R. Whelan (Reg. No. 50,391)
`Wilmer Cutler Pickering Hale and Dorr LLP
`60 State Street
`Boston, MA 02109
`Tel. (617) 526-6567
`Email: Emily.Whelan@wilmerhale.com
`
`
`
`Counsel for Patent Owner
`
`
`
`- 5 -
`
`
`
`IPR2023-00481
`Patent Owner’s Objections to Evidence
`
`
`CERTIFICATE OF SERVICE
`I hereby certify that, on October 6, 2023, I caused a true and correct copy of
`
`the following document:
`
`
`
`Patent Owner’s Objections to Evidence Pursuant to 37 C.F.R. § 42.64
`
`to be served via e-mail, as consented to by Petitioner, on the following attorneys of
`
`record:
`
`
`
`
`
`eellison-PTAB@sternekessler.com
`opartington-PTAB@sternekessler.com
`cvira-PTAB@sternekessler.com
`jcrozendaal-PTAB@sternekessler.com
`PTAB@sternekessler.com
`
`By: /Cindy Kan/
`Cindy Kan (Reg. No. 76,385)
`Wilmer Cutler Pickering Hale and Dorr LLP
`7 World Trade Center
`250 Greenwich Street
`New York, NY 10007
`Tel: 212-295-6470
`Email: cindy.kan@wilmerhale.com
`
`
`
`- 6 -
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
