IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`___________________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
`MYLAN PHARMACEUTICALS INC.
`Petitioner,
`v.
`MERCK SHARP & DOHME CORP.
`Patent Owner.
`U.S. Patent No. 7,326,708 to Cypes et al.
`Issue Date: February 5, 2008
`Title: Phosphoric acid salt of a dipeptidyl peptidase-IV inhibitor
`Inter Partes Review No.: IPR2020-00040
`
`PETITIONER’S OBJECTIONS TO EVIDENCE
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`US_145639306_391026-00257
`
`

`

`Pursuant to 37 C.F.R. § 42.64(b)(1), Mylan Pharmaceuticals Inc. (“Mylan” or
`
`“Petitioner”) timely objects under the Federal Rules of Evidence (“FRE”) to the
`
`admissibility of the following exhibits served by Merck, Sharpe & Dohme Corp.
`
`(“Merck” or “Patent Owner”) with its Patent Owner Complete Response.
`
`Petitioner’s objections are timely under 37 C.F.R. § 42.64(b)(1) because they
`
`are being filed and served within five business days. Petitioner files these objections
`
`to provide notice to Patent Owner that Petitioner may move to exclude the
`
`Challenged Evidence under 37 C.F.R. § 42.64(c), unless timely cured by Patent
`
`Owner.
`
`Exhibit Number
`EX2106
`
`EX2107
`
`EX2108
`
`FRE Rule
`EX2106 is inadmissible under FRE 401 and 403 because the
`purported date of the document is after the filing date of the
`’708 patent. Therefore, EX2106 is inadmissible as being
`irrelevant. Petitioner
`further objects
`to EX2106 as
`inadmissible under FRE 901 for lack of authentication and
`lack of
`foundation because
`there
`is no evidence
`authenticating or providing foundation for the document; §
`42.65 as expert testimony that does not disclose the
`underlying facts; FRE 106 as not a complete copy.
`EX2107 is inadmissible under FRE 801, 802, and 805
`because the exhibit is relied upon for the truth of the matter
`asserted; FRE 901 for lack of authentication and lack of
`foundation because there is no evidence authenticating or
`providing foundation for the document; § 42.65 as expert
`testimony that does not disclose the underlying facts; FRE
`106 as not a complete copy.
`EX2108 is inadmissible under FRE 801, 802, and 805
`because the exhibit is relied upon for the truth of the matter
`asserted; FRE 901 for lack of authentication and lack of
`foundation because there is no evidence authenticating or
`
`US_145639306_391026-00257
`
`1
`
`

`

`EX2110
`
`EX2111
`
`EX2114
`
`EX2119
`
`EX2120
`
`EX2121
`
`EX2122
`
`providing foundation for the document; § 42.65 as expert
`testimony that does not disclose the underlying facts; FRE
`106 as not a complete copy.
`EX2110 is inadmissible under FRE 801, 802, and 805
`because Patent Owner relies on the exhibit for the truth of the
`matter asserted (POR at 26); FRE 901 for lack of
`authentication and lack of foundation because there is no
`evidence authenticating or providing foundation for the
`document; § 42.65 as expert testimony that does not disclose
`the underlying facts; FRE 106 as not a complete copy.
`EX2111 is inadmissible under FRE 901 for lack of
`authentication and lack of foundation because there is no
`evidence authenticating or providing foundation for the
`document; § 42.65 as expert testimony that does not disclose
`the underlying facts; FRE 106 as not a complete copy.
`EX2114 is inadmissible under FRE 401 and 403 because the
`purported date of the document is after the filing date of the
`’708 patent. Therefore, EX2114 is inadmissible as being
`irrelevant.
`EX2119 is inadmissible under FRE 901 for lack of
`authentication and lack of foundation because there is no
`evidence authenticating or providing foundation for the
`document; § 42.65 as expert testimony that does not disclose
`the underlying facts; FRE 106 as not a complete copy.
`EX2120 is inadmissible under FRE 901 for lack of
`authentication and lack of foundation because there is no
`evidence authenticating or providing foundation for the
`document; § 42.65 as expert testimony that does not disclose
`the underlying facts; FRE 106 as not a complete copy.
`EX2121 is inadmissible under FRE 901 for lack of
`authentication and lack of foundation because there is no
`evidence authenticating or providing foundation for the
`document; § 42.65 as expert testimony that does not disclose
`the underlying facts; FRE 106 as not a complete copy.
`EX2122 is inadmissible under FRE 901 for lack of
`authentication and lack of foundation because there is no
`evidence authenticating or providing foundation for the
`document; § 42.65 as expert testimony that does not disclose
`the underlying facts; FRE 106 as not a complete copy.
`
`US_145639306_391026-00257
`
`2
`
`

`

`EX2123
`
`EX2125
`
`EX2126
`
`EX2128
`
`EX2129
`
`EX2130
`
`EX2131
`
`EX2123 is inadmissible under FRE 901 for lack of
`authentication and lack of foundation because there is no
`evidence authenticating or providing foundation for the
`document; § 42.65 as expert testimony that does not disclose
`the underlying facts; FRE 106 as not a complete copy.
`EX2125 is inadmissible is inadmissible under FRE 801, 802,
`and 805 because the exhibit is relied upon for the truth of the
`matter asserted; FRE 901 for lack of authentication and lack
`of foundation because there is no evidence authenticating or
`providing foundation for the document; § 42.65 as expert
`testimony that does not disclose the underlying facts; FRE
`106 as not a complete copy.
`EX2126 is inadmissible is inadmissible under FRE 801, 802,
`and 805 because the exhibit is relied upon for the truth of the
`matter asserted; FRE 901 for lack of authentication and lack
`of foundation because there is no evidence authenticating or
`providing foundation for the document; § 42.65 as expert
`testimony that does not disclose the underlying facts; FRE
`106 as not a complete copy.
`EX2128 is inadmissible under FRE 901 for lack of
`authentication and lack of foundation because there is no
`evidence authenticating or providing foundation for the
`document; § 42.65 as expert testimony that does not disclose
`the underlying facts; FRE 106 as not a complete copy.
`EX2129 is inadmissible under FRE 901 for lack of
`authentication and lack of foundation because there is no
`evidence authenticating or providing foundation for the
`document; § 42.65 as expert testimony that does not disclose
`the underlying facts; FRE 106 as not a complete copy.
`EX2130 is inadmissible under FRE 901 for lack of
`authentication and lack of foundation because there is no
`evidence authenticating or providing foundation for the
`document; § 42.65 as expert testimony that does not disclose
`the underlying facts; FRE 106 as not a complete copy.
`EX2131 is inadmissible under FRE 901 for lack of
`authentication and lack of foundation because there is no
`evidence authenticating or providing foundation for the
`document; § 42.65 as expert testimony that does not disclose
`the underlying facts; FRE 106 as not a complete copy.
`
`US_145639306_391026-00257
`
`3
`
`

`

`EX2132
`
`EX2133
`
`EX2134
`
`EX2135
`
`EX2136
`
`EX2137
`
`EX2132 is inadmissible under FRE 801, 802, and 805
`because Patent Owner relies on the exhibit for the truth of the
`matter asserted (POR at 24); FRE 901 for lack of
`authentication and lack of foundation because there is no
`evidence authenticating or providing foundation for the
`document; § 42.65 as expert testimony that does not disclose
`the underlying facts; FRE 106 as not a complete copy.
`EX2133 is inadmissible under FRE 801, 802, and 805
`because the exhibit is relied upon for the truth of the matter
`asserted; FRE 901 for lack of authentication and lack of
`foundation because there is no evidence authenticating or
`providing foundation for the document; FRE 106 as not a
`complete copy.
`EX2134 is inadmissible under FRE 801, 802, and 805
`because the exhibit is relied upon for the truth of the matter
`asserted; FRE 901 for lack of authentication and lack of
`foundation because there is no evidence authenticating or
`providing foundation for the document; FRE 106 as not a
`complete copy.
`EX2135 is inadmissible under FRE 801, 802, and 805
`because the exhibit is relied upon for the truth of the matter
`asserted; FRE 901 for lack of authentication and lack of
`foundation because there is no evidence authenticating or
`providing foundation for the document; § 42.65 as expert
`testimony that does not disclose the underlying facts; FRE
`106 as not a complete copy.
`EX2136 is inadmissible under FRE 801, 802, and 805
`because the exhibit is relied upon for the truth of the matter
`asserted; FRE 901 for lack of authentication and lack of
`foundation because there is no evidence authenticating or
`providing foundation for the document; § 42.65 as expert
`testimony that does not disclose the underlying facts; FRE
`106 as not a complete copy.
`EX2137 is inadmissible under FRE 801, 802, and 805
`because the exhibit is relied upon for the truth of the matter
`asserted; FRE 901 for lack of authentication and lack of
`foundation because there is no evidence authenticating or
`providing foundation for the document; § 42.65 as expert
`testimony that does not disclose the underlying facts; FRE
`106 as not a complete copy.
`
`US_145639306_391026-00257
`
`4
`
`

`

`EX2138
`
`EX2139
`
`EX2141
`
`EX2142
`
`EX2143
`
`EX2144
`
`EX2138 is inadmissible under FRE 801, 802, and 805
`because the exhibit is relied upon for the truth of the matter
`asserted; FRE 901 for lack of authentication and lack of
`foundation because there is no evidence authenticating or
`providing foundation for the document; § 42.65 as expert
`testimony that does not disclose the underlying facts; FRE
`106 as not a complete copy.
`EX2139 is inadmissible under FRE 801, 802, and 805
`because the exhibit is relied upon for the truth of the matter
`asserted; FRE 901 for lack of authentication and lack of
`foundation because there is no evidence authenticating or
`providing foundation for the document; § 42.65 as expert
`testimony that does not disclose the underlying facts; FRE
`106 as not a complete copy.
`EX2141 is inadmissible under FRE 801, 802, and 805
`because the exhibit is relied upon for the truth of the matter
`asserted; FRE 901 for lack of authentication and lack of
`foundation because there is no evidence authenticating or
`providing foundation for the document; § 42.65 as expert
`testimony that does not disclose the underlying facts; FRE
`106 as not a complete copy.
`EX2142 is inadmissible under FRE 801, 802, and 805
`because the exhibit is relied upon for the truth of the matter
`asserted; FRE 901 for lack of authentication and lack of
`foundation because there is no evidence authenticating or
`providing foundation for the document; § 42.65 as expert
`testimony that does not disclose the underlying facts; FRE
`106 as not a complete copy.
`EX2143 is inadmissible under FRE 801, 802, and 805
`because the exhibit is relied upon for the truth of the matter
`asserted; FRE 901 for lack of authentication and lack of
`foundation because there is no evidence authenticating or
`providing foundation for the document; § 42.65 as expert
`testimony that does not disclose the underlying facts; FRE
`106 as not a complete copy.
`EX2144 is inadmissible under FRE 801, 802, and 805
`because the exhibit is relied upon for the truth of the matter
`asserted; FRE 901 for lack of authentication and lack of
`foundation because there is no evidence authenticating or
`providing foundation for the document; § 42.65 as expert
`
`US_145639306_391026-00257
`
`5
`
`

`

`EX2145
`
`EX2146
`
`EX2147
`
`EX2148
`
`EX2149
`
`EX2150
`
`testimony that does not disclose the underlying facts; FRE
`106 as not a complete copy.
`EX2145 is inadmissible under FRE 801, 802, and 805
`because the exhibit is relied upon for the truth of the matter
`asserted; FRE 901 for lack of authentication and lack of
`foundation because there is no evidence authenticating or
`providing foundation for the document; § 42.65 as expert
`testimony that does not disclose the underlying facts; FRE
`106 as not a complete copy.
`EX2146 is inadmissible under FRE 801, 802, and 805
`because the exhibit is relied upon for the truth of the matter
`asserted; FRE 901 for lack of authentication and lack of
`foundation because there is no evidence authenticating or
`providing foundation for the document; § 42.65 as expert
`testimony that does not disclose the underlying facts; FRE
`106 as not a complete copy.
`EX2147 is inadmissible under FRE 801, 802, and 805
`because the exhibit is relied upon for the truth of the matter
`asserted; FRE 901 for lack of authentication and lack of
`foundation because there is no evidence authenticating or
`providing foundation for the document; § 42.65 as expert
`testimony that does not disclose the underlying facts; FRE
`106 as not a complete copy.
`EX2148 is inadmissible under FRE 801, 802, and 805
`because the exhibit is relied upon for the truth of the matter
`asserted; FRE 901 for lack of authentication and lack of
`foundation because there is no evidence authenticating or
`providing foundation for the document; § 42.65 as expert
`testimony that does not disclose the underlying facts; FRE
`106 as not a complete copy.
`EX2149 is inadmissible under FRE 801, 802, and 805
`because the exhibit is relied upon for the truth of the matter
`asserted; FRE 901 for lack of authentication and lack of
`foundation because there is no evidence authenticating or
`providing foundation for the document; § 42.65 as expert
`testimony that does not disclose the underlying facts; FRE
`106 as not a complete copy.
`EX2150 is inadmissible under FRE 801, 802, and 805
`because the exhibit is relied upon for the truth of the matter
`asserted; FRE 901 for lack of authentication and lack of
`
`US_145639306_391026-00257
`
`6
`
`

`

`EX2151
`
`EX2152
`
`EX2153
`
`EX2154
`
`EX2155
`
`foundation because there is no evidence authenticating or
`providing foundation for the document; § 42.65 as expert
`testimony that does not disclose the underlying facts; FRE
`106 as not a complete copy.
`EX2151 is inadmissible under FRE 801, 802, and 805
`because the exhibit is relied upon for the truth of the matter
`asserted; FRE 901 for lack of authentication and lack of
`foundation because there is no evidence authenticating or
`providing foundation for the document; § 42.65 as expert
`testimony that does not disclose the underlying facts; FRE
`106 as not a complete copy.
`EX2152 is inadmissible under FRE 801, 802, and 805
`because the exhibit is relied upon for the truth of the matter
`asserted; FRE 901 for lack of authentication and lack of
`foundation because there is no evidence authenticating or
`providing foundation for the document; § 42.65 as expert
`testimony that does not disclose the underlying facts; FRE
`106 as not a complete copy.
`EX2153 is inadmissible under FRE 801, 802, and 805
`because the exhibit is relied upon for the truth of the matter
`asserted; FRE 901 for lack of authentication and lack of
`foundation because there is no evidence authenticating or
`providing foundation for the document; § 42.65 as expert
`testimony that does not disclose the underlying facts; FRE
`106 as not a complete copy.
`EX2154 is inadmissible under FRE 801, 802, and 805
`because the exhibit is relied upon for the truth of the matter
`asserted; FRE 901 for lack of authentication and lack of
`foundation because there is no evidence authenticating or
`providing foundation for the document; § 42.65 as expert
`testimony that does not disclose the underlying facts; FRE
`106 as not a complete copy.
`EX2155 is inadmissible under FRE 801, 802, and 805
`because the exhibit is relied upon for the truth of the matter
`asserted; FRE 901 for lack of authentication and lack of
`foundation because there is no evidence authenticating or
`providing foundation for the document; § 42.65 as expert
`testimony that does not disclose the underlying facts; FRE
`106 as not a complete copy.
`
`US_145639306_391026-00257
`
`7
`
`

`

`EX2156
`
`EX2157
`
`EX2158
`
`EX2159
`
`EX2165
`
`EX2166
`
`EX2181
`
`EX2156 is inadmissible under FRE 801, 802, and 805
`because the exhibit is relied upon for the truth of the matter
`asserted; FRE 901 for lack of authentication and lack of
`foundation because there is no evidence authenticating or
`providing foundation for the document; § 42.65 as expert
`testimony that does not disclose the underlying facts; FRE
`106 as not a complete copy.
`EX2157 is inadmissible under FRE 801, 802, and 805
`because Patent Owner relies on the exhibit for the truth of the
`matter asserted (POR at 4, 60); FRE 901 for lack of
`authentication and lack of foundation because there is no
`evidence authenticating or providing foundation for the
`document; § 42.65 as expert testimony that does not disclose
`the underlying facts; FRE 106 as not a complete copy.
`EX2158 is inadmissible under FRE 801, 802, and 805
`because the exhibit is relied upon for the truth of the matter
`asserted; FRE 901 for lack of authentication and lack of
`foundation because there is no evidence authenticating or
`providing foundation for the document; § 42.65 as expert
`testimony that does not disclose the underlying facts; FRE
`106 as not a complete copy.
`EX2159 is inadmissible under FRE 801, 802, and 805
`because the exhibit is relied upon for the truth of the matter
`asserted; FRE 901 for lack of authentication and lack of
`foundation because there is no evidence authenticating or
`providing foundation for the document; § 42.65 as expert
`testimony that does not disclose the underlying facts; FRE
`106 as not a complete copy.
`EX2165 is inadmissible under FRE 401 and 403 because the
`purported date of the document is after the filing date of the
`’708 patent. Therefore, EX2165 is inadmissible as being
`irrelevant.
`EX2166 is inadmissible under FRE 401 and 403 because the
`purported date of the document is after the filing date of the
`’708 patent. Therefore, EX2166 is inadmissible as being
`irrelevant.
`EX2181 is inadmissible under FRE 401 and 403 because the
`purported date of the document is after the filing date of the
`’708 patent. Therefore, EX2181 is inadmissible as being
`irrelevant.
`
`US_145639306_391026-00257
`
`8
`
`

`

`EX2189
`
`EX2193
`
`EX2196
`
`EX2203
`
`EX2215
`
`EX2216
`
`EX2219
`
`EX2226
`
`EX2227
`
`EX2189 is inadmissible under FRE 401 and 403 because the
`purported date of the document is after the filing date of the
`’708 patent. Therefore, EX2189 is inadmissible as being
`irrelevant.
`EX2193 is inadmissible under FRE 401 and 403 because the
`purported date of the document is after the filing date of the
`’708 patent. Therefore, EX2193 is inadmissible as being
`irrelevant.
`EX2196 is inadmissible under FRE 401 and 403 because the
`purported date of the document is after the filing date of the
`’708 patent. Therefore, EX2196 is inadmissible as being
`irrelevant.
`EX2203 is inadmissible under FRE 401 and 403 because the
`purported date of the document is after the filing date of the
`’708 patent. Therefore, EX2203 is inadmissible as being
`irrelevant.
`EX2215 is inadmissible under FRE 401 and 403 because the
`purported date of the document is after the filing date of the
`’708 patent. Therefore, EX2215 is inadmissible as being
`irrelevant.
`EX2216 is inadmissible under FRE 401 and 403 because the
`purported date of the document is after the filing date of the
`’708 patent. Therefore, EX2216 is inadmissible as being
`irrelevant.
`EX2219 is inadmissible under FRE 401 and 403 because the
`purported date of the document is after the filing date of the
`’708 patent. Therefore, EX2219 is inadmissible as being
`irrelevant.
`EX2226 is inadmissible under FRE 801, 802, and 805
`because the exhibit is relied upon for the truth of the matter
`asserted; FRE 901 for lack of authentication and lack of
`foundation because there is no evidence authenticating or
`providing foundation for the document; § 42.65 as expert
`testimony that does not disclose the underlying facts; FRE
`106 as not a complete copy.
`EX2227 is inadmissible under FRE 801, 802, and 805
`because Patent Owner relies on the exhibit for the truth of the
`matter asserted (POR at 17); FRE 901 for lack of
`authentication and lack of foundation because there is no
`
`US_145639306_391026-00257
`
`9
`
`

`

`EX2228
`
`EX2229
`
`EX2230
`
`EX2231
`
`EX2232
`
`EX2233
`
`evidence authenticating or providing foundation for the
`document; § 42.65 as expert testimony that does not disclose
`the underlying facts; FRE 106 as not a complete copy.
`EX2228 is inadmissible under FRE 801, 802, and 805
`because the exhibit is relied upon for the truth of the matter
`asserted; FRE 901 for lack of authentication and lack of
`foundation because there is no evidence authenticating or
`providing foundation for the document; § 42.65 as expert
`testimony that does not disclose the underlying facts; FRE
`106 as not a complete copy.
`EX2229 is inadmissible under FRE 801, 802, and 805
`because the exhibit is relied upon for the truth of the matter
`asserted; FRE 901 for lack of authentication and lack of
`foundation because there is no evidence authenticating or
`providing foundation for the document; § 42.65 as expert
`testimony that does not disclose the underlying facts; FRE
`106 as not a complete copy.
`EX2230 is inadmissible under FRE 801, 802, and 805
`because the exhibit is relied upon for the truth of the matter
`asserted; FRE 901 for lack of authentication and lack of
`foundation because there is no evidence authenticating or
`providing foundation for the document; § 42.65 as expert
`testimony that does not disclose the underlying facts; FRE
`106 as not a complete copy.
`EX2231 is inadmissible under FRE 801, 802, and 805
`because the exhibit is relied upon for the truth of the matter
`asserted; FRE 901 for lack of authentication and lack of
`foundation because there is no evidence authenticating or
`providing foundation for the document; § 42.65 as expert
`testimony that does not disclose the underlying facts; FRE
`106 as not a complete copy.
`EX2232 is inadmissible under FRE 801, 802, and 805
`because the exhibit is relied upon for the truth of the matter
`asserted; FRE 901 for lack of authentication and lack of
`foundation because there is no evidence authenticating or
`providing foundation for the document; § 42.65 as expert
`testimony that does not disclose the underlying facts; FRE
`106 as not a complete copy.
`EX2233 is inadmissible under FRE 401 and 403 because the
`purported date of the document is after the filing date of the
`
`US_145639306_391026-00257
`
`10
`
`

`

`EX2236
`
`EX2238
`
`EX2240
`
`EX2241
`
`EX2242
`
`EX2243
`
`EX2250
`
`’708 patent. Therefore, EX2233 is inadmissible as being
`irrelevant.
`EX2236 is inadmissible under FRE 401 and 403 because the
`purported date of the document is after the filing date of the
`’708 patent. Therefore, EX2236 is inadmissible as being
`irrelevant.
`EX2238 is inadmissible under FRE 401 and 403 because the
`purported date of the document is after the filing date of the
`’708 patent. Therefore, EX2238 is inadmissible as being
`irrelevant.
`EX2240 is inadmissible under FRE 401 and 403 because the
`purported date of the document is after the filing date of the
`’708 patent. Therefore, EX2240 is inadmissible as being
`irrelevant.
`EX2241 is inadmissible under FRE 401 and 403 because the
`purported date of the document is after the filing date of the
`’708 patent. Therefore, EX2241 is inadmissible as being
`irrelevant.
`EX2242 is inadmissible under FRE 401 and 403 because the
`purported date of the document is after the filing date of the
`’708 patent. Therefore, EX2242 is inadmissible as being
`irrelevant.
`EX2243 is inadmissible under FRE 401 and 403 because the
`purported date of the document is after the filing date of the
`’708 patent. Therefore, EX2243 is inadmissible as being
`irrelevant.
`EX2250 is inadmissible under FRE 401 and 403 because the
`purported date of the document is after the filing date of the
`’708 patent. Therefore, EX2250 is inadmissible as being
`irrelevant.
`
`The above exhibits are also inadmissible under FRE 801, 802 and 805 to the
`
`extent they are relied upon by any Declarant.
`
`Exhibit Number
`EX2101
`
`FRE Rule
`FRE 801, 802 and 805 for impermissible hearsay and
`hearsay within hearsay (see e.g., ¶¶ 94-95, 114, 133, 171-
`176, 185-186, 190-192, 194-200, 203-213); FRE 901 for
`
`US_145639306_391026-00257
`
`11
`
`

`

`EX2103
`
`EX2105
`
`EX2109
`
`EX2116
`
`lack of authentication and lack of foundation (see e.g., ¶¶
`114, 171); § 42.65 as expert testimony that does not disclose
`the underlying facts (see e.g., ¶¶ 114, 133, 171-176, 190-
`192, 194-200).
`FRE 801, 802 and 805 for impermissible hearsay and
`hearsay within hearsay (see e.g., ¶¶35-39, 46-51, 53, 55-57,
`59, 90, 123-126, 129-136, 139-176, 204, 207-208, 235-239,
`241-249); FRE 901 for lack of authentication and lack of
`foundation (see e.g., ¶¶57, 110, 123-126, 129-136, 139-176,
`204, 235); § 42.65 as expert testimony that does not disclose
`the underlying facts (see e.g., ¶¶ 35-39, 55-57, 89-90, 123-
`126, 129-136, 139-176, 235-239, 241-249).
`FRE 602 because there is no evidence that declarant has
`personal knowledge of any such events, or was even present
`during the events underlying the documents referenced
`(EX2106-2108); FRE 801, 802 and 805 for impermissible
`hearsay and hearsay within hearsay (see e.g., ¶¶4-6);
`FRE 901 for lack of authentication and lack of foundation
`(see e.g., ¶¶4-6).
`
`FRE 602 because there is no evidence that declarant has
`personal knowledge of any such events or that declarant is
`competent to testify regarding events that occurred 17 years
`ago; FRE 801, 802 and 805 for impermissible hearsay and
`hearsay within hearsay (see e.g., ¶¶12, 27-31);
`FRE 901 for lack of authentication and lack of foundation
`(see e.g., ¶¶12, 14, 17, 19, 21-23); § 42.65 as expert
`testimony that does not disclose the underlying facts (see
`e.g., ¶¶18).
`FRE 602 because there is no evidence that declarant has
`personal knowledge of any such events or that declarant is
`competent to testify regarding events that occurred 17 years
`ago; FRE 801, 802, and 805 because Patent Owner relies on
`the exhibit for the truth of the matter asserted (POR at 4-6,
`23-24, 51-52, 60-61, 63); FRE 901 for lack of authentication
`and lack of foundation because there is no evidence
`authenticating or providing foundation for the document; §
`42.65 as expert testimony that does not disclose the
`underlying facts.
`
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`
`

`

`EX2124
`
`EX2127
`
`EX2140
`
`EX2192
`
`EX2221
`
`FRE 602 because there is no evidence that declarant has
`personal knowledge of any such events or that declarant is
`competent to testify regarding events that occurred 17 years
`ago; FRE 801, 802, and 805 because Patent Owner relies on
`the exhibit for the truth of the matter asserted (POR at 5, 25,
`52); FRE 901 for lack of authentication and lack of
`foundation because there is no evidence authenticating or
`providing foundation for the document; § 42.65 as expert
`testimony that does not disclose the underlying facts.
`FRE 602 because there is no evidence that declarant has
`personal knowledge of any such events or that declarant is
`competent to testify regarding events that occurred 17 years
`ago; FRE 801, 802, and 805 because Patent Owner relies on
`the exhibit for the truth of the matter asserted (POR at 4-5,
`9-11, 24-26, 34, 51-52, 60); FRE 901 for lack of
`authentication and lack of foundation because there is no
`evidence authenticating or providing foundation for the
`document; § 42.65 as expert testimony that does not
`disclose the underlying facts.
`FRE 602 because there is no evidence that declarant has
`personal knowledge of any such events or that declarant is
`competent to testify regarding events that occurred 17 years
`ago; FRE 801, 802, and 805 because Patent Owner relies on
`the exhibit for the truth of the matter asserted (POR at 4-6,
`25-26, 60-64) and as hearsay within hearsay (See e.g., ¶¶17,
`21-23, 25-26, 37, 45, 48, 50-52); FRE 901 for lack of
`authentication and lack of foundation because there is no
`evidence authenticating or providing foundation for the
`document; § 42.65 as expert testimony that does not
`disclose the underlying facts.
`FRE 801, 802, and 805 because Patent Owner relies on the
`exhibit for the truth of the matter asserted (POR at 17); FRE
`901 for lack of authentication and lack of foundation; §
`42.65 as expert testimony that does not disclose the
`underlying facts.
`FRE 801, 802, and 805 because Patent Owner relies on the
`exhibit for the truth of the matter asserted (POR at 17); FRE
`901 for lack of authentication and lack of foundation; §
`42.65 as expert testimony that does not disclose the
`underlying facts.
`
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`
`

`

`EX2222
`
`EX2223
`
`EX2224
`
`EX2225
`
`FRE 801, 802, and 805 because Patent Owner relies on the
`exhibit for the truth of the matter asserted (POR at 17); FRE
`901 for lack of authentication and lack of foundation; §
`42.65 as expert testimony that does not disclose the
`underlying facts.
`FRE 801, 802, and 805 because Patent Owner relies on the
`exhibit for the truth of the matter asserted (POR at 17); FRE
`901 for lack of authentication and lack of foundation; §
`42.65 as expert testimony that does not disclose the
`underlying facts.
`FRE 801, 802, and 805 because Patent Owner relies on the
`exhibit for the truth of the matter asserted (POR at 17); FRE
`901 for lack of authentication and lack of foundation; §
`42.65 as expert testimony that does not disclose the
`underlying facts.
`FRE 801, 802, and 805 because Patent Owner relies on the
`exhibit for the truth of the matter asserted (POR at 17); FRE
`901 for lack of authentication and lack of foundation; §
`42.65 as expert testimony that does not disclose the
`underlying facts.
`
`Petitioner also objects to each paragraph of the above Declarations to the
`
`extent they rely upon exhibits that are independently objected to for the reasons
`
`stated above.
`
`Dated: August 28, 2020
`
`Respectfully submitted,
`Katten Muchin Rosenman LLP
`
`/Alissa Pacchioli /
`Alissa M. Pacchioli
`(Reg. No. 74,252)
`
`Petitioner Mylan
`for
`Counsel
`Pharmaceuticals, Inc.
`
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`

`CERTIFICATION OF SERVICE ON PATENT OWNER
`Pursuant to 37 C.F.R. §§ 42.6(e), 42.8(b)(4), and 42.105, the undersigned
`
`certifies that on August 28, 2020, a complete copy of the foregoing Objections to
`
`Evidence, was served via email to Patent Owner’s counsel at:
`
`sfisher@wc.com
`
`jberniker@wc.com
`
`smahaffy@wc.com
`
`asheh@wc.com
`
`bgenderson@wc.com
`
`ebaumgarten@wc.com
`
`azolan@wc.com
`
`Respectfully submitted,
`
`Katten Muchin Rosenman LLP
`By: /Alissa M. Pacchioli/
`Alissa M. Pacchioli
`Reg. No. 74,252
`
`US_145639306_391026-00257
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`15
`
`