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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`MYLAN PHARMACEUTICALS INC. and MYLAN LABORATORIES
`LIMITED,
`Petitioners,
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`v.
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`UCB PHARMA GMBH,
`Patent Owner.
`
`Case IPR2016-005101
`Patent 6,858,650 B1
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`PATENT OWNER’S NOTICE OF OBJECTIONS UNDER 37 C.F.R. § 42.64
`TO EVIDENCE SUBMITTED IN SUPPORT OF PETITIONER’S
`CORRECTED REPLY
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`1 Petitioners Alembic Pharmaceuticals Limited from IPR2016-01596, Torrent
`Pharmaceuticals Limited from IPR2016-01636, and Amerigen Pharmaceuticals
`Limited from IPR2016-01665 have been joined as Petitioners to this proceeding.
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`IPR2016-00510
`Patent 6,858,650 B1
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`
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`Pursuant to 37 C.F.R. § 42.64, Patent Owner UCB Pharma GmbH (“UCB”
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`or “Patent Owner”) objects to the admissibility of the documents identified below
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`that were submitted by Mylan Pharmaceuticals Inc. and Mylan Laboratories
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`Limited (“Petitioner”) in support of Petitioner’s Corrected Reply, for at least the
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`following reasons:
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`1.
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`UCB objects to Petitioner’s Exhibits 1073, 1074, 1075, and 1076 for
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`reasons made on the record during the depositions.
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`2.
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`UCB objects to Petitioner’s Exhibits 1073, 1074, 1075, and 1076 on
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`relevance grounds under Federal Rules of Evidence 401-403.
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`3.
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`UCB objects to Petitioner’s Exhibits 1073, 1074, 1075, and 1076 as
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`prejudicial and unfair under Federal Rules of Evidence 106 and 403. These
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`exhibits are further objected to as lacking foundation and misleading because the
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`exhibits only contain excerpts of the entire depositions and therefore, do not place
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`the statements of Patent Owner’s declarants in context. See Zhongshan Broad
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`Ocean Motor Co. v. Nidec Motor Corp., IPR2014-01121,-01122 (Sept. 10, 2015),
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`Paper No. 34 (ordering the parties to file full transcripts of any deposition relied
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`on). Petitioner mischaracterizes the testimony of Patent Owner’s declarants
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`throughout its Corrected Reply. Petitioner further misquotes Dr. Hans Maag by
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`failing to disclose that Dr. Maag’s errata sheet, which was timely served on
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`IPR2016-00510
`Patent 6,858,650 B1
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`Petitioner and on the Court Reporter, corrected the word “product” to “prodrug.”
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`Petitioner’s Corrected Reply at 7, citing to Ex. 1074 at 77:11-19.
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`These objections have been made within 5 business days from receipt of
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`Petitioner’s Reply (Paper 27), which was subsequently corrected (Paper 28).
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`
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`Respectfully submitted,
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`WHITE & CASE LLP
`/Jeffrey J. Oelke/ (Electronically signed)
`Jeffrey J. Oelke, Reg. No. 37,409
`joelke@whitecase.com
`James S. Trainor, Jr., Reg. No. 52,297
`jtrainor@whitecase.com
`Robert E. Counihan, Reg. No. 61,382
`rcounihan@whitecase.com
`White & Case LLP
`1155 Avenue of the Americas
`New York, NY 10036
`(212) 819-8200
`Attorneys for UCB Pharma GmbH
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`2
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`Date: January 30, 2017
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`IPR2016-00510
`Patent 6,858,650 B1
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a copy of the foregoing Patent
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`Owner’s Objections to Evidence Pursuant to 37 C.F.R. § 42.64 was served on
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`January 30, 2017, by filing this document through the Patent Trial and Appeal
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`Board End to End system as well as delivering a copy via electronic mail upon the
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`following attorneys of record for the Petitioners:
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`Mitchell G. Stockwell, Reg. No. 39,389
`mstockwell@kilpatricktownsend.com
`D. Clay Holloway, Reg. No. 58,011
`cholloway@kilpatricktownsend.com
`Alyson L. Wooten, Reg. No. 58,045
`awooten@kilpatricktownsend.com
`Kilpatrick Townsend & Stockton LLP
`1100 Peachtree Street, NE Suite 2800
`Atlanta, Georgia 30309
`(404) 815-6500
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`
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`William Hare, Reg. No. 44,739
`bill@miplaw.com
`Gabriela Materassi, Reg. No. 47,774
`materassi@miplaw.com
`Renita S. Rathinam, Reg. No. 53,502
`rathinam@miplaw.com
`MCNEELY, HARE & WAR LLP
`5335 Wisconsin Ave., NW
`Suite 440
`Washington, DC 20015
`(202) 640-1801
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`3
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`IPR2016-00510
`Patent 6,858,650 B1
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`Neal Seth, Reg. No. 67,075
`nseth@wileyrein.com
`Lawrence Sung, Reg. No. 38,330
`lsung@wileyrein.com
`WILEY REIN LLP
`1776 K Street NW
`Washington, DC 20006
`(202) 719-7000
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`Manish Mehta, Reg. No. 64, 570
`mmehta@sheppardmulllin.com
`Laura Burson, Reg. No. 40,929
`lburson@sheppardmullin.com
`SHEPPARD MULLIN
`Three First National Plaza
`70 West Madison Street, 48th Floor
`Chicago, Illinois 60602
`(312) 499-6300
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`/Jeffrey J. Oelke/ (Electronically signed)
`Jeffrey J. Oelke
`Reg. No. 37,409
`Phone: (212) 819-8936
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`Date: January 30, 2017
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`4
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