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UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________________
`
`
`NALOX-1 PHARMACEUTICALS, LLC,
`Petitioner,
`v.
`OPIANT PHARMACEUTICALS, INC.
`Patent Owner.
`_____________________
`
`CASE IPR2019-00688
`U.S. Patent No. 9,468,747
`_____________________
`
`
`PETITIONER NALOX-1 PHARMACEUTICALS, LLC’S OBJECTIONS TO
`EVIDENCE SUBMITTED DURING THE PRELIMINARY PROCEEDING
`PURSUANT TO 37 C.F.R. § 42.64(B)(1)
`
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`

`

`IPR2019-00688
`U.S. Patent No. 9,468,747
`
`Pursuant to 37 C.F.R. §42.64(b)(1), Petitioner Nalox-1 Pharmaceuticals,
`
`LLC objects as follows to the admissibility of evidence submitted during the
`
`preliminary proceeding:
`
`1.
`
`EXHIBIT 2007 is objected to under Fed. R. Evid. 401–402 as
`
`irrelevant, and under Fed. R. Evid. 403 because its minimal probative value is
`
`substantially outweighed by the fact that it is unfairly prejudicial, confusing issues,
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`wasteful of time and PTAB resources, and misleading.
`
`2.
`
`EXHIBIT 2014 is objected to under Fed. R. Evid. 401–402 as
`
`irrelevant, and under Fed. R. Evid. 403 because its minimal probative value is
`
`substantially outweighed by the fact that it is unfairly prejudicial, confusing issues,
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`wasteful of time and PTAB resources, and misleading.
`
`3.
`
`EXHIBIT 2024 is objected to under Fed. R. Evid. 901 as
`
`insufficiently authenticated.
`
`4.
`
`EXHIBIT 2026 is objected to under Fed. R. Evid. 401–402 as
`
`irrelevant.
`
`

`

`Date: September 20, 2019
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`IPR2019-00688
`U.S. Patent No. 9,468,747
`Respectfully submitted,
`
`
`BY: /s/ Yelee Y. Kim
`Yelee Y. Kim, Reg. No. 60,088
`ARENT FOX LLP
`1717 K Street, NW
`Washington, D.C. 20006
`(202) 857-6000
`yelee.kim@arentfox.com
`
`Counsel for Petitioner Nalox-1
`Pharmaceuticals, LLC
`
`
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`- 1 -
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`

`

`IPR2019-00688
`U.S. Patent No. 9,468,747
`Certificate of Service
`
`
`CERTIFICATION OF SERVICE (37 C.F.R. §§ 42.6(e), 42.105(a))
`The undersigned hereby certifies that the above-captioned Petitioner Nalox-1
`Pharmaceuticals, LLC’s Objections to Evidence Submitted During the Preliminary
`Proceeding Pursuant to 37 C.F.R. § 42.64(b)(1) was served in its entirety on
`September 20, 2019, via electronic mail on the following counsel of record for
`Patent Owner:
`
`Robert F. Green
`Jessica Tyrus Mackay
`Green, Griffith & Borg-Breen LLP
`676 North Michigan Avenue
`Suite 3900
`Chicago, IL 60611
`rgreen@greengriffith.com
`jmackay@greengriffith.com
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`/s/ Yelee Y. Kim
`Yelee Y. Kim, Reg. No. 60,088
`ARENT FOX LLP
`1717 K Street, NW
`Washington, D.C. 20006
`(202) 857-6000
`yelee.kim@arentfox.com
`
`Counsel for Petitioner Nalox-1
`Pharmaceuticals, LLC
`
`- 1 -
`
`

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