`___________________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
`MYLAN PHARMACEUTICALS INC., TEVA PHARMACEUTICALS
`USA, INC., WATSON LABORATORIES, INC., DR. REDDY’S
`LABORATORIES, INC., DR. REDDY’S LABORATORIES, LTD., and
`SUN PHARMACEUTICALS INDUSTRIES LTD.,
`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.: IPR2020-000401
`
`PETITIONER’S OBJECTIONS TO EVIDENCE
`
`1 Teva Pharmaceuticals USA, Inc. and Watson Laboratories, Inc. were joined as a
`party to this proceeding via Motion for Joinder in IPR2020-01045; Dr. Reddy’s
`Laboratories, Inc. and Dr. Reddy’s Laboratories, Ltd. were joined as a party to this
`proceeding via a Motion for Joinder in IPR2020-01060; and Sun Pharmaceuticals
`Industries Ltd. was joined as a party to this proceeding via Motion for Joinder in
`IPR2020-01072.
`
`US_146771456_391026-00257
`
`1
`
`
`
`Pursuant to 37 C.F.R. § 42.64(b)(1), Mylan Pharmaceuticals Inc. (“Mylan” or
`
`“Petitioner”) timely objects to the admissibility of the following exhibits served by
`
`Merck, Sharpe & Dohme Corp. (“Merck” or “Patent Owner”). 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
`EX2279
`
`Basis of the Objection
`Petitioner objects to this Exhibit to the extent Merck intends
`to rely or use it outside the context of its Motion to File
`Request for Certificate of Correction of Claims 5-7.
`
`Petitioner further objects to this Exhibit in its entirety as
`inadmissible hearsay under FRE 801 and 802 to the extent it
`is relied upon for the truth of the matter asserted and
`Petitioner has not had the opportunity to subject the
`declarant to cross-examination.
`
`Petitioner also objects to this Exhibit because Merck has not
`sought the Board permission to file it; Merck has done so
`outside of the time when Merck is permitted to file an
`exhibit absent permission of the Board.
`Petitioner objects to this Exhibit to the extent Merck intends
`to rely or use it outside the context of its Motion to File
`Request for Certificate of Correction of Claims 5-7.
`
`Petitioner further objects to this Exhibit in its entirety as
`inadmissible hearsay under FRE 801 and 802 to the extent it
`is relied upon for the truth of the matter asserted and
`Petitioner has not had the opportunity to subject the
`declarant to cross-examination.
`
`EX2281
`
`
`
`Petitioner also objects to this Exhibit because Merck has not
`sought the Board permission to file it; Merck has done so
`outside of the time when Merck is permitted to file an
`exhibit absent permission of the Board.
`
`Dated: November 24, 2020
`
`Respectfully submitted,
`Katten Muchin Rosenman LLP
`
`/Alissa M. Pacchioli/
`Alissa M. Pacchioli
`(Reg. No. 74,252)
`
`Petitioner Mylan
`for
`Counsel
`Pharmaceuticals, Inc.
`
`
`
`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 November 24, 2020, a complete copy of the foregoing Paper, 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
`
`kzullow@goodwinprocter.com
`
`sfischer@goodwinprocter.com
`
`jwong@winston.com
`
`ZCohen@winston.com
`
`CKlein@winston.com
`
`Cfundakowski@winston.com
`
`rfaegenburg@lernerdavid.com
`
`tvanbuskirk@lernerdavid.com
`
`mteschner@lernerdavid.com
`
`
`
`ERapalino@goodwinlaw.com
`
`Respectfully submitted,
`
`Katten Muchin Rosenman LLP
`By: /Alissa M. Pacchioli/
`Alissa M. Pacchioli
`Reg. No. 74,252
`
`
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