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`UNITED STATES PATENT AND TRADEMARK OFFICE
`————————————————
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`————————————————
`
`KVK-TECH, INC. and
`FLAT LINE CAPITAL, LLC,
`Petitioners,
`
`v.
`
`SILVERGATE PHARMACEUTICALS, INC.,
`Patent Owner.
`
`————————————————
`Case PGR2017-00039
`Patent 9,463,183
`————————————————
`
`SILVERGATE’S FIRST SET OF OBJECTIONS
`37 CFR §42.64(b)(1)
`
`
`
`Exhibit 1002:
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` Objections
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`The patent owner (“Silvergate”) objects to petitioner’s evidence, with
`
`reference to the Federal Rules of Evidence (FRE), as follows:
`
`Exhibit 1003:
`
` Kibbe declaration
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`FRE402, 403: ¶¶32-48 of the declaration cited for grounds 1 and 2, which
`
`were not instituted; hence, these paragraphs are confusing, misleading, wasteful or
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`needlessly cumulative.
`
`FRE602, 701, 703: Dr. Kibbe is presented as an expert witness (Paper 1
`
`at 12), but ¶¶49-54 and ¶84 contain what appears to be fact-witness testimony. To
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`the extent that it is fact testimony, it lacks foundation. To the extent it is expert
`
`testimony, it lacks basis.
`
`Exhibit 1004:
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` Prosecution history
`
`FRE402, 403: pages 166-69, 183-84, 195-96 are cited for grounds 1 and 2,
`
`which were not instituted; hence, these pages are confusing, misleading, wasteful
`
`or needlessly cumulative.
`
`Exhibit 1005:
`
` Nahata
`
`FRE402, 403: pages 397-98 are cited for grounds 1 and 2, which were not
`
`instituted; hence, these pages are confusing, misleading, wasteful or needlessly
`
`cumulative.
`
`FRE802: pages 396 and 398 are offered to prove the truth of asserted
`
`PGR2017-00039
`
`-1-
`
`US 9,463,183 B1
`
`
`
`statements without qualifying for a hearsay exception.
`
`Exhibit 1006:
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` Beidel
`
`FRE802: the exhibit is repeatedly offered to prove the truth of asserted
`
`statements without qualifying for a hearsay exception.
`
`Exhibit 1007:
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` Beidel Two
`
`FRE802: the exhibit is repeatedly offered to prove the truth of asserted
`
`statements without qualifying for a hearsay exception.
`
`Exhibit 1008:
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` AAPS program
`
`FRE802: the exhibit is repeatedly offered to prove the truth of asserted
`
`statements without qualifying for a hearsay exception.
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`Exhibit 1009:
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` Nerurkar
`
`FRE802: the exhibit is offered to prove the truth of an asserted statement
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`without qualifying for a hearsay exception.
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`Exhibit 1010:
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` Allen Sept. 2006
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`FRE802: the exhibit is offered to prove the truth of an asserted statement
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`without qualifying for a hearsay exception.
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`Exhibit 1011:
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` Allen July 2006
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`FRE802: the exhibit is offered to prove the truth of an asserted statement
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`without qualifying for a hearsay exception.
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`PGR2017-00039
`
`-2-
`
`US 9,463,183 B1
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`
`
`Exhibit 1013:
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` Naiazi
`
`FRE802: the exhibit is repeatedly offered to prove the truth of asserted
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`statements without qualifying for a hearsay exception.
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`Exhibit 1014:
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` Tuse
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`FRE402, 403: pages 49-51 are cited for grounds 1 and 2, which were not
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`instituted; hence, these pages are confusing, misleading, wasteful or needlessly
`
`cumulative.
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`FRE802: the exhibit is offered to prove the truth of an asserted statement
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`without qualifying for a hearsay exception.
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`Exhibit 1015:
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` European Pharmacopoeia
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`FRE402, 403: page 51 is cited for grounds 1 and 2, which were not
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`instituted; hence, these pages are confusing, misleading, wasteful or needlessly
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`cumulative.
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`FRE802: the exhibit is offered to prove the truth of an asserted statement
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`without qualifying for a hearsay exception.
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`Exhibit 1016:
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` Thompson
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`FRE402, 403: pages 69 and 72 are cited for grounds 1 and 2, which were not
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`instituted; hence, these pages are confusing, misleading, wasteful or needlessly
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`cumulative.
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`PGR2017-00039
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`-3-
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`US 9,463,183 B1
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`
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`FRE802: the exhibit is repeatedly offered to prove the truth of asserted
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`statements without qualifying for a hearsay exception.
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`Exhibit 1017:
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` Glass
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`FRE802: the exhibit is offered to prove the truth of an asserted statement
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`without qualifying for a hearsay exception.
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`Exhibit 1018:
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` Harris
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`FRE802: the exhibit is repeatedly offered to prove the truth of asserted
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`statements without qualifying for a hearsay exception.
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`Exhibit 1020:
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` Rowe
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`FRE802: the exhibit is offered to prove the truth of an asserted statement
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`without qualifying for a hearsay exception.
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`Exhibit 1022:
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` Spreadsheet
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`FRE802: the exhibit is repeatedly offered to prove the truth of asserted
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`statements without qualifying for a hearsay exception.
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`FRE901: the exhibit is not authenticated.
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`Exhibit 1025:
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` Google search
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`FRE802: the exhibit is offered to prove the truth of an asserted statement
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`without qualifying for a hearsay exception.
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`FRE901: the exhibit is not authenticated.
`
`PGR2017-00039
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`-4-
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`US 9,463,183 B1
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`
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`Exhibit 1026:
`
` Web pages
`
`FRE802: the exhibit is offered to prove the truth of an asserted statement
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`without qualifying for a hearsay exception.
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`FRE901: the exhibit is not authenticated.
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`
`
`
`
`
`
`Dated: 21 February 2018
`
`
`
`Respectfully submitted,
`
` / Richard Torczon /
`Richard Torczon, Counsel for Silvergate
`Reg. No. 34,448
`
`PGR2017-00039
`
`-5-
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`US 9,463,183 B1
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`
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`SERVICE CERTIFICATION
`
`By consent (Paper 1 at 3), SILVERGATE’S FIRST SET OF OBJECTIONS
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`is served via electronic mail to:
`
`Zachary D. Silbersher
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`zsilbersher@kskiplaw.com
`
`Gaston Kroub
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`gkroub@kskiplaw.com
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`
`
`info@kskiplaw.com
`
`
`
`
`
`Dated: 21 February 2018
`
`
`
`
`
`Respectfully submitted,
`
` / Richard Torczon /
`Richard Torczon, Counsel for Silvergate
`Reg. No. 34,448
`
`PGR2017-00039
`
`-6-
`
`US 9,463,183 B1
`
`
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