`__________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________
`
`FLATWING PHARMACEUTICALS, LLC and
`MYLAN PHARMACEUTICALS INC.,
`Petitioners,
`
`v.
`
`ANACOR PHAMACEUTICALS, INC.,
`Patent Owner.
`__________________
`
`Case No. IPR2018-001681
`U.S. Patent No. 9,549,938
`__________________
`
`
`
`PATENT OWNER’S OBJECTIONS TO
`PETITIONER’S EVIDENCE
`
`
`1 Case No. IPR2018-01358 has been joined with this proceeding
`
`
`
`Case No. IPR2018-00168
`U.S. Patent No. 9,549,938
`
`
`Pursuant to 37 C.F.R. § 42.64, Patent Owner Anacor Pharmaceuticals, Inc.
`
`(“Anacor”) submits the following objections to the exhibits filed by Petitioner
`
`FlatWing Pharmaceuticals, LLC (“FlatWing”) on December 7, 2018.
`
`Exhibit 1048 is or purports to be a Declaration of Narasimha Murthy Ph.D.
`
`in Support of Petitioner’s Reply to Patent Owner’s Response. Anacor objects to
`
`paragraphs 2–5, 10, 12, and 17–19 of Exhibit 1048 as not responsive to the
`
`arguments and evidence cited in the Patent Owner’s Response and an improper
`
`attempt to present new evidence that could have been presented earlier.
`
`Specifically, Dr. Murthy’s new opinions regarding Austin, Brehove, and Freeman
`
`in paragraphs 2–5, 10, and 12 and his opinions regarding dose-ranging studies in
`
`paragraph 17–19 do not respond to Anacor’s arguments or evidence and could
`
`have been presented in his opening declaration in support of FlatWing’s petition
`
`for inter partes review (Ex. 1005).
`
`
`Date: December 14, 2018
`
`
`
`
`
`
`
` Respectfully submitted,
`
`/Aaron P. Maurer/
`Aaron P. Maurer
`Reg. No. 44,911
`Lead Counsel for Patent Owner
`WILLIAMS & CONNOLLY LLP
`725 Twelfth Street, N.W.
`Washington, DC 20005
`T: (202) 434-5282
`F: (202) 434-5029
`amaurer@wc.com
`
`2
`
`
`
`CERTIFICATE OF SERVICE (37 C.F.R. § 42.6(e))
`
`The undersigned hereby certifies that a true and correct copy of the
`
`
`
`foregoing was served on December 14, 2018, by delivering a copy via electronic
`
`mail on the following attorneys of record for Petitioners:
`
`Philip D. Segrest, Jr.
`Eric J. Rakestraw
`Edward D. Manzo
`HUSCH BLACKWELL LLP
`120 South Riverside Plaza, Suite 2200
`Chicago, Illinois 60606
`Philip.Segrest@HuschBlackwell.com
`Eric.Rakestraw@HuschBlackwell.com
`PTAB-ERakestraw@HuschBlackwell.com
`Edward.Manzo@HuschBlackwell.com
`
`Steven W. Parmelee
`Michael T. Rosato
`Jad A. Mills
`WILSON SONSINI GOODRICH & ROSATI
`701 Fifth Avenue, Suite 5100
`Seattle, WA 98104-7036
`sparmelee@wsgr.com
`mrosato@wsgr.com
`jmills@wsgr.com
`
`
`
`
`
`/Anthony H. Sheh/
`Anthony H. Sheh
`Reg. No. 70,576
`
`
`
`
`
`
`
`
`
`
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