UNITED STATES PATENT AND TRADEMARK OFFICE
`
`__________
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`__________
`
`
`REGENERON PHARMACEUTICALS, INC.,
`Petitioner
`
`v.
`
`NOVARTIS PHARMA AG,
`NOVARTIS TECHNOLOGY LLC,
`NOVARTIS PHARMACEUTICALS CORPORATION,
`Patent Owners
`
`__________
`
`
`Case IPR2021-00816
`Patent 9,220,631
`
`__________
`
`
`PATENT OWNERS’ OBJECTIONS TO ADMISSIBILITY OF EVIDENCE
`SUBMITTED BY PETITIONERS
`
`1
`
`
`
`
`
`
`
`
`
`__________
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`__________
`
`
`REGENERON PHARMACEUTICALS, INC.,
`Petitioner
`
`v.
`
`NOVARTIS PHARMA AG,
`NOVARTIS TECHNOLOGY LLC,
`NOVARTIS PHARMACEUTICALS CORPORATION,
`Patent Owners
`
`__________
`
`
`Case IPR2021-00816
`Patent 9,220,631
`
`__________
`
`
`PATENT OWNERS’ OBJECTIONS TO ADMISSIBILITY OF EVIDENCE
`SUBMITTED BY PETITIONERS
`
`1
`
`
`
`
`
`
`
`
`
`
`
`IPR2021-00816
`U.S. Patent No. 9,220,631
`
`Pursuant to 37 C.F.R. § 42.64(b), Patent Owners Novartis Pharma AG,
`
`
`
`Novartis Technology LLC, and Novartis Pharmaceuticals Corporation hereby
`
`object as follows to the admissibility of evidence filed by Petitioner Regeneron
`
`Pharmaceuticals, Inc., in conjunction with the Petition, filed on April 16, 2021, and
`
`the Petitioner’s Reply to Patent Owners’ Preliminary Response, filed on
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`August 20, 2021.
`
`Evidence
`
`Objections
`
`Exhibit 1003 FRE 105: To the extent that any portion of this exhibit may be
`
`deemed admissible, such admissibility should be for a limited
`
`purpose.
`
`FRE 402/403: The exhibit includes assertions and testimony that
`
`are not relevant to any ground upon which trial was instituted
`
`and/or for which the probative value to any ground upon which
`
`trial was instituted is substantially outweighed by the danger of
`
`unfair prejudice, confusing the issues, undue delay, wasting time,
`
`or needlessly cumulative evidence.
`
`FRE 602: The exhibit includes assertions for which evidence has
`
`not been introduced sufficient to show that the witness has
`
`personal knowledge of the matter asserted.
`
`
`
`
`
`
`
`
`2
`
`
`
`Evidence
`
`Objections
`
`IPR2021-00816
`U.S. Patent No. 9,220,631
`
`
`
`FRE 701-703: The exhibit declarant is not qualified to opine on
`
`what a person of ordinary skill in the art would understand, to
`
`opine on patent claim limitations, to perform claim construction,
`
`and/or to perform legal analysis of invalidity. The opinion
`
`testimony offered in this exhibit is not based on scientific,
`
`technical, or other specialized knowledge, and is also not based
`
`on personal knowledge. The opinion testimony includes
`
`unsubstantiated leaps and advances inaccurate, unqualified and
`
`unsupported generalizations. The opinion testimony fails to
`
`properly disclose the underlying facts or data on which the
`
`opinion is based. The opinion testimony includes testimony on
`
`United States patent law and/or patent examination practice. The
`
`opinion testimony includes conclusions based on documents that
`
`are subject to objections indicated herein, that have not been
`
`sufficiently authenticated as what the declarant asserts or believes
`
`them to be, and/or that an expert in the field would not reasonably
`
`rely on in forming an opinion on the particular subject.
`
`
`
`3
`
`
`
`Evidence
`
`Objections
`
`IPR2021-00816
`U.S. Patent No. 9,220,631
`
`FRE 705: The exhibit includes expert testimony that does not
`
`disclose the underlying facts or data.
`
`FRE 802: The entirety of the exhibit contains inadmissible
`
`hearsay if offered to prove the truth of any matter allegedly
`
`asserted therein.
`
`Exhibit 1004 FRE 105: To the extent that any portion of this exhibit may be
`
`deemed admissible, such admissibility should be for a limited
`
`purpose.
`
`FRE 402/403: The exhibit includes assertions and testimony that
`
`are not relevant to any ground upon which trial was instituted
`
`and/or for which the probative value to any ground upon which
`
`trial was instituted is substantially outweighed by the danger of
`
`unfair prejudice, confusing the issues, undue delay, wasting time,
`
`or needlessly cumulative evidence.
`
`FRE 602: The exhibit includes assertions for which evidence has
`
`not been introduced sufficient to show that the witness has
`
`personal knowledge of the matter asserted.
`
`
`
`4
`
`
`
`Evidence
`
`Objections
`
`IPR2021-00816
`U.S. Patent No. 9,220,631
`
`FRE 802: The entirety of the exhibit contains inadmissible
`
`hearsay if offered to prove the truth of any matter allegedly
`
`asserted therein.
`
`FRE 901: Petitioner has not produced evidence sufficient to
`
`support a finding that the exhibit is what Petitioner claims it is.
`
`Exhibit 1005 37 CFR § 42.6(a)(3): Petitioner’s reliance on this exhibit entails
`
`improper incorporation by reference of arguments from one
`
`document into another document.
`
`FRE 105: To the extent the exhibit may be deemed admissible,
`
`such admissibility should be for a limited purpose.
`
`FRE 402/403: The exhibit is not relevant to any ground upon
`
`which trial was instituted and/or the exhibit’s probative value to
`
`any ground upon which trial was instituted is substantially
`
`outweighed by the danger of unfair prejudice, confusing the
`
`issues, undue delay, wasting time, or needlessly cumulative
`
`evidence.
`
`FRE 602: The exhibit includes assertions for which evidence has
`
`not been introduced sufficient to show that the witness has
`
`personal knowledge of the matter asserted.
`
`
`
`5
`
`
`
`Evidence
`
`Objections
`
`IPR2021-00816
`U.S. Patent No. 9,220,631
`
`FRE 701-703: The exhibit author is not qualified to opine on
`
`what a person of ordinary skill in the art would understand, to
`
`opine on patent claim limitations, to perform claim construction,
`
`and/or to perform legal analysis of invalidity. The exhibit
`
`contains improper lay and/or expert opinion. The opinion
`
`testimony offered in this exhibit is not based on scientific,
`
`technical, or other specialized knowledge, and is also not based
`
`on personal knowledge. The opinion testimony includes
`
`unsubstantiated leaps and advances inaccurate, unqualified and
`
`unsupported generalizations. The opinion testimony fails to
`
`properly disclose the underlying facts or data on which the
`
`opinion is based. The opinion testimony includes testimony on
`
`United States patent law and/or patent examination practice. The
`
`opinion testimony includes conclusions based on documents that
`
`are subject to objections indicated herein, that have not been
`
`sufficiently authenticated as what the declarant asserts or believes
`
`them to be, and/or that an expert in the field would not reasonably
`
`rely on in forming an opinion on the particular subject.
`
`FRE 705: The exhibit includes expert testimony that does not
`
`
`
`6
`
`
`
`IPR2021-00816
`U.S. Patent No. 9,220,631
`
`Evidence
`
`Objections
`
`disclose the underlying facts or data.
`
`FRE 802: The exhibit contains inadmissible hearsay if offered to
`
`prove the truth of any matter allegedly asserted therein.
`
`Exhibit 1006 FRE 105: To the extent the exhibit may be deemed admissible,
`
`such admissibility should be for a limited purpose.
`
`FRE 402/403: The exhibit is not relevant to any ground upon
`
`which trial was instituted and/or the exhibit’s probative value to
`
`any ground upon which trial was instituted is substantially
`
`outweighed by the danger of unfair prejudice, confusing the
`
`issues, undue delay, wasting time, or needlessly cumulative
`
`evidence.
`
`FRE 802: The exhibit contains inadmissible hearsay if offered to
`
`prove the truth of any matter allegedly asserted therein.
`
`Exhibit 1007 FRE 402/403: The exhibit is not relevant to any ground upon
`
`which trial was instituted and/or the exhibit’s probative value to
`
`any ground upon which trial was instituted is substantially
`
`outweighed by the danger of unfair prejudice, confusing the
`
`issues, undue delay, wasting time, or needlessly cumulative
`
`evidence.
`
`
`
`7
`
`
`
`IPR2021-00816
`U.S. Patent No. 9,220,631
`
`Evidence
`
`Objections
`
`FRE 802: The exhibit contains inadmissible hearsay if offered to
`
`prove the truth of any matter allegedly asserted therein.
`
`Exhibit 1008 FRE 402/403: The exhibit is not relevant to any ground upon
`
`which trial was instituted and/or the exhibit’s probative value to
`
`any ground upon which trial was instituted is substantially
`
`outweighed by the danger of unfair prejudice, confusing the
`
`issues, undue delay, wasting time, or needlessly cumulative
`
`evidence.
`
`FRE 802: The exhibit contains inadmissible hearsay if offered to
`
`prove the truth of any matter allegedly asserted therein.
`
`Exhibit 1009 FRE 105: To the extent the exhibit may be deemed admissible,
`
`such admissibility should be for a limited purpose.
`
`FRE 402/403: The exhibit is not relevant to any ground upon
`
`which trial was instituted and/or the exhibit’s probative value to
`
`any ground upon which trial was instituted is substantially
`
`outweighed by the danger of unfair prejudice, confusing the
`
`issues, undue delay, wasting time, or needlessly cumulative
`
`evidence.
`
`FRE 802: The exhibit contains inadmissible hearsay if offered to
`
`
`
`8
`
`
`
`IPR2021-00816
`U.S. Patent No. 9,220,631
`
`Evidence
`
`Objections
`
`prove the truth of any matter allegedly asserted therein.
`
`FRE 901: Petitioner has not produced evidence sufficient to
`
`support a finding that the exhibit is what Petitioner claims it is.
`
`Exhibit 1010 FRE 105: To the extent the exhibit may be deemed admissible,
`
`such admissibility should be for a limited purpose.
`
`FRE 402/403: The exhibit is not relevant to any ground upon
`
`which trial was instituted and/or the exhibit’s probative value to
`
`any ground upon which trial was instituted is substantially
`
`outweighed by the danger of unfair prejudice, confusing the
`
`issues, undue delay, wasting time, or needlessly cumulative
`
`evidence.
`
`FRE 802: The exhibit contains inadmissible hearsay if offered to
`
`prove the truth of any matter allegedly asserted therein.
`
`Exhibit 1011 FRE 402/403: The exhibit is not relevant to any ground upon
`
`which trial was instituted and/or the exhibit’s probative value to
`
`any ground upon which trial was instituted is substantially
`
`outweighed by the danger of unfair prejudice, confusing the
`
`issues, undue delay, wasting time, or needlessly cumulative
`
`evidence.
`
`
`
`9
`
`
`
`IPR2021-00816
`U.S. Patent No. 9,220,631
`
`Evidence
`
`Objections
`
`FRE 802: The exhibit contains inadmissible hearsay if offered to
`
`prove the truth of any matter allegedly asserted therein.
`
`Exhibit 1012 FRE 402/403: The exhibit is not relevant to any ground upon
`
`which trial was instituted and/or the exhibit’s probative value to
`
`any ground upon which trial was instituted is substantially
`
`outweighed by the danger of unfair prejudice, confusing the
`
`issues, undue delay, wasting time, or needlessly cumulative
`
`evidence.
`
`FRE 802: The exhibit contains inadmissible hearsay if offered to
`
`prove the truth of any matter allegedly asserted therein.
`
`Exhibit 1013 FRE 402/403: The exhibit is not relevant to any ground upon
`
`which trial was instituted and/or the exhibit’s probative value to
`
`any ground upon which trial was instituted is substantially
`
`outweighed by the danger of unfair prejudice, confusing the
`
`issues, undue delay, wasting time, or needlessly cumulative
`
`evidence.
`
`FRE 802: The exhibit contains inadmissible hearsay if offered to
`
`prove the truth of any matter allegedly asserted therein.
`
`Exhibit 1014 FRE 402/403: The exhibit is not relevant to any ground upon
`
`
`
`10
`
`
`
`Evidence
`
`Objections
`
`IPR2021-00816
`U.S. Patent No. 9,220,631
`
`which trial was instituted and/or the exhibit’s probative value to
`
`any ground upon which trial was instituted is substantially
`
`outweighed by the danger of unfair prejudice, confusing the
`
`issues, undue delay, wasting time, or needlessly cumulative
`
`evidence.
`
`FRE 802: The exhibit contains inadmissible hearsay if offered to
`
`prove the truth of any matter allegedly asserted therein.
`
`FRE 901: Petitioner has not produced evidence sufficient to
`
`support a finding that the exhibit is what Petitioner claims it is.
`
`Exhibit 1015 FRE 402/403: The exhibit is not relevant to any ground upon
`
`which trial was instituted and/or the exhibit’s probative value to
`
`any ground upon which trial was instituted is substantially
`
`outweighed by the danger of unfair prejudice, confusing the
`
`issues, undue delay, wasting time, or needlessly cumulative
`
`evidence.
`
`FRE 802: The exhibit contains inadmissible hearsay if offered to
`
`prove the truth of any matter allegedly asserted therein.
`
`FRE 901: Petitioner has not produced evidence sufficient to
`
`support a finding that the exhibit is what Petitioner claims it is.
`
`
`
`11
`
`
`
`Evidence
`
`Objections
`
`Exhibit 1016 FRE 402/403: The exhibit is not relevant to any ground upon
`
`IPR2021-00816
`U.S. Patent No. 9,220,631
`
`which trial was instituted and/or the exhibit’s probative value to
`
`any ground upon which trial was instituted is substantially
`
`outweighed by the danger of unfair prejudice, confusing the
`
`issues, undue delay, wasting time, or needlessly cumulative
`
`evidence.
`
`FRE 802: The exhibit contains inadmissible hearsay if offered to
`
`prove the truth of any matter allegedly asserted therein.
`
`FRE 901: Petitioner has not produced evidence sufficient to
`
`support a finding that the exhibit is what Petitioner claims it is.
`
`Exhibit 1017 FRE 402/403: The exhibit is not relevant to any ground upon
`
`which trial was instituted and/or the exhibit’s probative value to
`
`any ground upon which trial was instituted is substantially
`
`outweighed by the danger of unfair prejudice, confusing the
`
`issues, undue delay, wasting time, or needlessly cumulative
`
`evidence.
`
`FRE 802: The exhibit contains inadmissible hearsay if offered to
`
`prove the truth of any matter allegedly asserted therein.
`
`Exhibit 1018 FRE 402/403: The exhibit is not relevant to any ground upon
`
`
`
`12
`
`
`
`Evidence
`
`Objections
`
`IPR2021-00816
`U.S. Patent No. 9,220,631
`
`which trial was instituted and/or the exhibit’s probative value to
`
`any ground upon which trial was instituted is substantially
`
`outweighed by the danger of unfair prejudice, confusing the
`
`issues, undue delay, wasting time, or needlessly cumulative
`
`evidence.
`
`FRE 802: The exhibit contains inadmissible hearsay if offered to
`
`prove the truth of any matter allegedly asserted therein.
`
`Exhibit 1019 FRE 402/403: The exhibit is not relevant to any ground upon
`
`which trial was instituted and/or the exhibit’s probative value to
`
`any ground upon which trial was instituted is substantially
`
`outweighed by the danger of unfair prejudice, confusing the
`
`issues, undue delay, wasting time, or needlessly cumulative
`
`evidence.
`
`FRE 802: The exhibit contains inadmissible hearsay if offered to
`
`prove the truth of any matter allegedly asserted therein.
`
`FRE 901: Petitioner has not produced evidence sufficient to
`
`support a finding that the exhibit is what Petitioner claims it is.
`
`Exhibit 1020 FRE 402/403: The exhibit is not relevant to any ground upon
`
`which trial was instituted and/or the exhibit’s probative value to
`
`
`
`13
`
`
`
`Evidence
`
`Objections
`
`IPR2021-00816
`U.S. Patent No. 9,220,631
`
`any ground upon which trial was instituted is substantially
`
`outweighed by the danger of unfair prejudice, confusing the
`
`issues, undue delay, wasting time, or needlessly cumulative
`
`evidence.
`
`FRE 802: The exhibit contains inadmissible hearsay if offered to
`
`prove the truth of any matter allegedly asserted therein.
`
`Exhibit 1021 FRE 402/403: The exhibit is not relevant to any ground upon
`
`which trial was instituted and/or the exhibit’s probative value to
`
`any ground upon which trial was instituted is substantially
`
`outweighed by the danger of unfair prejudice, confusing the
`
`issues, undue delay, wasting time, or needlessly cumulative
`
`evidence.
`
`FRE 802: The exhibit contains inadmissible hearsay if offered to
`
`prove the truth of any matter allegedly asserted therein.
`
`Exhibit 1022 FRE 402/403: The exhibit is not relevant to any ground upon
`
`which trial was instituted and/or the exhibit’s probative value to
`
`any ground upon which trial was instituted is substantially
`
`outweighed by the danger of unfair prejudice, confusing the
`
`issues, undue delay, wasting time, or needlessly cumulative
`
`
`
`14
`
`
`
`IPR2021-00816
`U.S. Patent No. 9,220,631
`
`Evidence
`
`Objections
`
`evidence.
`
`FRE 802: The exhibit contains inadmissible hearsay if offered to
`
`prove the truth of any matter allegedly asserted therein.
`
`FRE 901: Petitioner has not produced evidence sufficient to
`
`support a finding that the exhibit is what Petitioner claims it is.
`
`Exhibit 1023 FRE 402/403: The exhibit is not relevant to any ground upon
`
`which trial was instituted and/or the exhibit’s probative value to
`
`any ground upon which trial was instituted is substantially
`
`outweighed by the danger of unfair prejudice, confusing the
`
`issues, undue delay, wasting time, or needlessly cumulative
`
`evidence.
`
`FRE 802: The exhibit contains inadmissible hearsay if offered to
`
`prove the truth of any matter allegedly asserted therein.
`
`Exhibit 1024 FRE 402/403: The exhibit is not relevant to any ground upon
`
`which trial was instituted and/or the exhibit’s probative value to
`
`any ground upon which trial was instituted is substantially
`
`outweighed by the danger of unfair prejudice, confusing the
`
`issues, undue delay, wasting time, or needlessly cumulative
`
`evidence.
`
`
`
`15
`
`
`
`IPR2021-00816
`U.S. Patent No. 9,220,631
`
`Evidence
`
`Objections
`
`FRE 802: The exhibit contains inadmissible hearsay if offered to
`
`prove the truth of any matter allegedly asserted therein.
`
`Exhibit 1025 FRE 402/403: The exhibit is not relevant to any ground upon
`
`which trial was instituted and/or the exhibit’s probative value to
`
`any ground upon which trial was instituted is substantially
`
`outweighed by the danger of unfair prejudice, confusing the
`
`issues, undue delay, wasting time, or needlessly cumulative
`
`evidence.
`
`FRE 802: The exhibit contains inadmissible hearsay if offered to
`
`prove the truth of any matter allegedly asserted therein.
`
`Exhibit 1026 FRE 402/403: The exhibit is not relevant to any ground upon
`
`which trial was instituted and/or the exhibit’s probative value to
`
`any ground upon which trial was instituted is substantially
`
`outweighed by the danger of unfair prejudice, confusing the
`
`issues, undue delay, wasting time, or needlessly cumulative
`
`evidence.
`
`FRE 802: The exhibit contains inadmissible hearsay if offered to
`
`prove the truth of any matter allegedly asserted therein.
`
`Exhibit 1027 FRE 402/403: The exhibit is not relevant to any ground upon
`
`
`
`16
`
`
`
`Evidence
`
`Objections
`
`IPR2021-00816
`U.S. Patent No. 9,220,631
`
`which trial was instituted and/or the exhibit’s probative value to
`
`any ground upon which trial was instituted is substantially
`
`outweighed by the danger of unfair prejudice, confusing the
`
`issues, undue delay, wasting time, or needlessly cumulative
`
`evidence.
`
`FRE 802: The exhibit contains inadmissible hearsay if offered to
`
`prove the truth of any matter allegedly asserted therein.
`
`Exhibit 1028 FRE 402/403: The exhibit is not relevant to any ground upon
`
`which trial was instituted and/or the exhibit’s probative value to
`
`any ground upon which trial was instituted is substantially
`
`outweighed by the danger of unfair prejudice, confusing the
`
`issues, undue delay, wasting time, or needlessly cumulative
`
`evidence.
`
`FRE 802: The exhibit contains inadmissible hearsay if offered to
`
`prove the truth of any matter allegedly asserted therein.
`
`FRE 901: Petitioner has not produced evidence sufficient to
`
`support a finding that the exhibit is what Petitioner claims it is.
`
`Exhibit 1029 FRE 402/403: The exhibit is not relevant to any ground upon
`
`which trial was instituted and/or the exhibit’s probative value to
`
`
`
`17
`
`
`
`Evidence
`
`Objections
`
`IPR2021-00816
`U.S. Patent No. 9,220,631
`
`any ground upon which trial was instituted is substantially
`
`outweighed by the danger of unfair prejudice, confusing the
`
`issues, undue delay, wasting time, or needlessly cumulative
`
`evidence.
`
`FRE 802: The exhibit contains inadmissible hearsay if offered to
`
`prove the truth of any matter allegedly asserted therein.
`
`Exhibit 1030 FRE 402/403: The exhibit is not relevant to any ground upon
`
`which trial was instituted and/or the exhibit’s probative value to
`
`any ground upon which trial was instituted is substantially
`
`outweighed by the danger of unfair prejudice, confusing the
`
`issues, undue delay, wasting time, or needlessly cumulative
`
`evidence.
`
`FRE 802: The exhibit contains inadmissible hearsay if offered to
`
`prove the truth of any matter allegedly asserted therein.
`
`Exhibit 1031 FRE 105: To the extent that any portion of this exhibit may be
`
`deemed admissible, such admissibility should be for a limited
`
`purpose.
`
`FRE 402/403: The exhibit includes assertions and testimony that
`
`are not relevant to any ground upon which trial was instituted
`
`
`
`18
`
`
`
`Evidence
`
`Objections
`
`IPR2021-00816
`U.S. Patent No. 9,220,631
`
`and/or for which the probative value to any ground upon which
`
`trial was instituted is substantially outweighed by the danger of
`
`unfair prejudice, confusing the issues, undue delay, wasting time,
`
`or needlessly cumulative evidence.
`
`FRE 602: The exhibit includes assertions for which evidence has
`
`not been introduced sufficient to show that the witness has
`
`personal knowledge of the matter asserted.
`
`FRE 701-703: The exhibit declarant is not qualified to opine on
`
`what a person of ordinary skill in the art would understand, to
`
`opine on patent claim limitations, to perform claim construction,
`
`and/or to perform legal analysis of invalidity. The opinion
`
`testimony offered in this exhibit is not based on scientific,
`
`technical, or other specialized knowledge, and is also not based
`
`on personal knowledge. The opinion testimony includes
`
`unsubstantiated leaps and advances inaccurate, unqualified and
`
`unsupported generalizations. The opinion testimony fails to
`
`properly disclose the underlying facts or data on which the
`
`opinion is based. The opinion testimony includes testimony on
`
`United States patent law and/or patent examination practice. The
`
`
`
`19
`
`
`
`Evidence
`
`Objections
`
`IPR2021-00816
`U.S. Patent No. 9,220,631
`
`opinion testimony includes conclusions based on documents that
`
`are subject to objections indicated herein, that have not been
`
`sufficiently authenticated as what the declarant asserts or believes
`
`them to be, and/or that an expert in the field would not reasonably
`
`rely on in forming an opinion on the particular subject.
`
`FRE 705: The exhibit includes expert testimony that does not
`
`disclose the underlying facts or data.
`
`FRE 802: The entirety of the exhibit contains inadmissible
`
`hearsay if offered to prove the truth of any matter allegedly
`
`asserted therein.
`
`Exhibit 1032 FRE 402/403: The exhibit is not relevant to any ground upon
`
`which trial was instituted and/or the exhibit’s probative value to
`
`any ground upon which trial was instituted is substantially
`
`outweighed by the danger of unfair prejudice, confusing the
`
`issues, undue delay, wasting time, or needlessly cumulative
`
`evidence.
`
`FRE 802: The exhibit contains inadmissible hearsay if offered to
`
`prove the truth of any matter allegedly asserted therein.
`
`Exhibit 1033 FRE 105: To the extent that any portion of this exhibit may be
`
`
`
`20
`
`
`
`Evidence
`
`Objections
`
`deemed admissible, such admissibility should be for a limited
`
`IPR2021-00816
`U.S. Patent No. 9,220,631
`
`purpose.
`
`FRE 402/403: The exhibit is not relevant to any ground upon
`
`which trial was instituted and/or the exhibit’s probative value to
`
`any ground upon which trial was instituted is substantially
`
`outweighed by the danger of unfair prejudice, confusing the
`
`issues, undue delay, wasting time, or needlessly cumulative
`
`evidence.
`
`FRE 602: The exhibit includes assertions for which evidence has
`
`not been introduced sufficient to show that the witness has
`
`personal knowledge of the matter asserted.
`
`FRE 701-703: The exhibit author is not qualified to opine on
`
`what a person of ordinary skill in the art would understand, to
`
`opine on patent claim limitations, to perform claim construction,
`
`and/or to perform legal analysis of invalidity. The exhibit
`
`contains improper lay and/or expert opinion. The opinion
`
`testimony offered in this exhibit is not based on scientific,
`
`technical, or other specialized knowledge, and is also not based
`
`on personal knowledge. The opinion testimony includes
`
`
`
`21
`
`
`
`Evidence
`
`Objections
`
`IPR2021-00816
`U.S. Patent No. 9,220,631
`
`unsubstantiated leaps and advances inaccurate, unqualified and
`
`unsupported generalizations. The opinion testimony fails to
`
`properly disclose the underlying facts or data on which the
`
`opinion is based. The opinion testimony includes testimony on
`
`United States patent law and/or patent examination practice. The
`
`opinion testimony includes conclusions based on documents that
`
`are subject to objections indicated herein, that have not been
`
`sufficiently authenticated as what the declarant asserts or believes
`
`them to be, and/or that an expert in the field would not reasonably
`
`rely on in forming an opinion on the particular subject.
`
`FRE 802: The exhibit contains inadmissible hearsay if offered to
`
`prove the truth of any matter allegedly asserted therein.
`
`Exhibit 1034 FRE 402/403: The exhibit is not relevant to any ground upon
`
`which trial was instituted and/or the exhibit’s probative value to
`
`any ground upon which trial was instituted is substantially
`
`outweighed by the danger of unfair prejudice, confusing the
`
`issues, undue delay, wasting time, or needlessly cumulative
`
`evidence.
`
`
`
`22
`
`
`
`Evidence
`
`Objections
`
`IPR2021-00816
`U.S. Patent No. 9,220,631
`
`FRE 802: The exhibit contains inadmissible hearsay if offered to
`
`prove the truth of any matter allegedly asserted therein.
`
`FRE 901: Petitioner has not produced evidence sufficient to
`
`support a finding that the exhibit is what Petitioner claims it is.
`
`Exhibit 1035 FRE 402/403: The exhibit is not relevant to any ground upon
`
`which trial was instituted and/or the exhibit’s probative value to
`
`any ground upon which trial was instituted is substantially
`
`outweighed by the danger of unfair prejudice, confusing the
`
`issues, undue delay, wasting time, or needlessly cumulative
`
`evidence.
`
`FRE 802: The exhibit contains inadmissible hearsay if offered to
`
`prove the truth of any matter allegedly asserted therein.
`
`FRE 901: Petitioner has not produced evidence sufficient to
`
`support a finding that the exhibit is what Petitioner claims it is.
`
`Exhibit 1036 FRE 402/403: The exhibit is not relevant to any ground upon
`
`which trial was instituted and/or the exhibit’s probative value to
`
`any ground upon which trial was instituted is substantially
`
`outweighed by the danger of unfair prejudice, confusing the
`
`issues, undue delay, wasting time, or needlessly cumulative
`
`
`
`23
`
`
`
`IPR2021-00816
`U.S. Patent No. 9,220,631
`
`Evidence
`
`Objections
`
`evidence.
`
`FRE 802: The exhibit contains inadmissible hearsay if offered to
`
`prove the truth of any matter allegedly asserted therein.
`
`Exhibit 1037 FRE 105: To the extent the exhibit may be deemed admissible,
`
`such admissibility should be for a limited purpose.
`
`FRE 402/403: The exhibit is not relevant to any ground upon
`
`which trial was instituted and/or the exhibit’s probative value to
`
`any ground upon which trial was instituted is substantially
`
`outweighed by the danger of unfair prejudice, confusing the
`
`issues, undue delay, wasting time, or needlessly cumulative
`
`evidence.
`
`FRE 802: The exhibit contains inadmissible hearsay if offered to
`
`prove the truth of any matter allegedly asserted therein.
`
`FRE 602: The exhibit includes assertions for which evidence has
`
`not been introduced sufficient to show that the witness has
`
`personal knowledge of the matter asserted.
`
`FRE 901: Petitioner has not produced evidence sufficient to
`
`support a finding that the exhibit is what Petitioner claims it is.
`
`Exhibit 1038 FRE 105: To the extent the exhibit may be deemed admissible,
`
`
`
`24
`
`
`
`Evidence
`
`Objections
`
`IPR2021-00816
`U.S. Patent No. 9,220,631
`
`such admissibility should be for a limited purpose.
`
`FRE 402/403: The exhibit is not relevant to any ground upon
`
`which trial was instituted and/or the exhibit’s probative value to
`
`any ground upon which trial was instituted is substantially
`
`outweighed by the danger of unfair prejudice, confusing the
`
`issues, undue delay, wasting time, or needlessly cumulative
`
`evidence.
`
`FRE 802: The exhibit contains inadmissible hearsay if offered to
`
`prove the truth of any matter allegedly asserted therein.
`
`FRE 901: Petitioner has not produced evidence sufficient to
`
`support a finding that the exhibit is what Petitioner claims it is.
`
`Exhibit 1039 FRE 105: To the extent the exhibit may be deemed admissible,
`
`such admissibility should be for a limited purpose.
`
`FRE 402/403: The exhibit is not relevant to any ground upon
`
`which trial was instituted and/or the exhibit’s probative value to
`
`any ground upon which trial was instituted is substantially
`
`outweighed by the danger of unfair prejudice, confusing the
`
`issues, undue delay, wasting time, or needlessly cumulative
`
`evidence.
`
`
`
`25
`
`
`
`Evidence
`
`Objections
`
`IPR2021-00816
`U.S. Patent No. 9,220,631
`
`FRE 802: The exhibit contains inadmissible hearsay if offered to
`
`prove the truth of any matter allegedly asserted therein.
`
`FRE 901: Petitioner has not produced evidence sufficient to
`
`support a finding that the exhibit is what Petitioner claims it is.
`
`Exhibit 1040 FRE 402/403: The exhibit is not relevant to any ground upon
`
`which trial was instituted and/or the exhibit’s probative value to
`
`any ground upon which trial was instituted is substantially
`
`outweighed by the danger of unfair prejudice, confusing the
`
`issues, undue delay, wasting time, or needlessly cumulative
`
`evidence.
`
`FRE 802: The exhibit contains inadmissible hearsay if offered to
`
`prove the truth of any matter allegedly asserted therein.
`
`Exhibit 1041 FRE 402/403: The exhibit is not relevant to any ground upon
`
`which trial was instituted and/or the exhibit’s probative value to
`
`any ground upon which trial was instituted is substantially
`
`outweighed by the danger of unfair prejudice, confusing the
`
`issues, undue delay, wasting time, or needlessly cumulative
`
`evidence.
`
`FRE 802: The exhibit contains inadmissible hearsay if offered to
`
`
`
`26
`
`
`
`IPR2021-00816
`U.S. Patent No. 9,220,631
`
`Evidence
`
`Objections
`
`prove the truth of any matter allegedly asserted therein.
`
`Exhibit 1042 FRE 402/403: The exhibit is not relevant to any ground upon
`
`which trial was instituted and/or the exhibit’s probative value to
`
`any ground upon which trial was instituted is substantially
`
`outweighed by the danger of unfair prejudice, confusing the
`
`issues, undue delay, wasting time, or needlessly cumulative
`
`evidence.
`
`FRE 802: The exhibit contains inadmissible hearsay if offered to
`
`prove the truth of any matter allegedly asserted therein.
`
`FRE 901: Petitioner has not produced evidence sufficient to
`
`support a finding that the exhibit is what Petitioner claims it is.
`
`Exhibit 1043 FRE 402/403: The exhibit is not relevant to any ground upon
`
`which trial was instituted and/or the exhibit’s probative value to
`
`any ground upon which trial was instituted is substantially
`
`outweighed by the danger of unfair prejudice, confusing the
`
`issues, undue delay, wasting time, or needlessly cumulative
`
`evidence.
`
`FRE 802: The exhibit contains inadmissible hearsay if offered to
`
`prove the truth of any matter allegedly asserted therein.
`
`
`
`27
`
`
`
`IPR2021-00816
`U.S. Patent No. 9,220,631
`
`Evidence
`
`Objections
`
`FRE 901: Petitioner has not produced evidence sufficient to
`
`support a finding that the exhibit is what Petitioner claims it is.
`
`Exhibit 1044 FRE 402/403: The exhibit is not relevant to any ground upon
`
`which trial was instituted and/or the exhibit’s probative value to
`
`any ground upon which trial was instituted is substantially
`
`outweighed by the danger of unfair prejudice, confusing the
`
`issues, undue delay, wasting time, or needlessly cumulative
`
`evidence.
`
`FRE 802: The exhibit contains inadmissible hearsay if offered to
`
`prove the truth of any matter allegedly asserted therein.
`
`Exhibit 1045 FRE 402/403: The exhibit is not relevant to any ground upon
`
`which trial was instituted and/or the exhibit’s probative value to
`
`any ground upon which trial was instituted is substantially
`
`outweighed by the danger of unfair prejudice, confusing the
`
`issues, undue delay, wasting time, or needlessly cumulative
`
`evidence.
`
`FRE 802: The exhibit contains inadmissible hearsay if offered to
`
`prove the truth of any matter allegedly asserted therein.
`
`FRE 901: Petitioner has not produced ev
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