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`Case IPR2022-00142
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`United States Patent No. 8,293,742
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`SLAYBACK PHARMA LLC
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`Petitioner
`v.
`EYE THERAPIES LLC
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`Patent Owner
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`___________________
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`Case No. IPR2022-00142
`U.S. Patent No. 8,293,742
`___________________
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`PETITIONER’S OBJECTIONS TO PRE-INSTITUTION EXHIBITS
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`{80288266:1}
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`Case IPR2022-00142
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`United States Patent No. 8,293,742
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`Pursuant to 37 C.F.R. § 42.64(b)(1), Petitioner Slayback Pharma LLC
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`(“Petitioner”) objects to the admissibility of the following exhibits filed by Patent
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`Owner pre-institution in the above-captioned inter partes review.
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`Petitioner’s objections are timely under 37 C.F.R. § 42.64(b)(1) because
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`they are being filed and served within ten business days of the institution of trial
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`in this matter on May 18, 2022. (Paper No. 13) Petitioner’s objections provide
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`notice to Patent Owner that Petitioner may move to exclude these exhibits under
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`37 C.F.R. § 42.64(c).
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`In this Paper, objection “A” is for authenticity.
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`In this Paper, objection “R” is for lack of relevance.
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`Petitioner’s objections t o Patent Owner’s exhibits for hearsay (“H”) apply
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`to the extent Patent Owner seeks to rely on such exhibits for the truth of any
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`matters stated in such exhibits.
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`Exhibit descriptions provided in the following table are taken from
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`Patent Owner’s Preliminary Response Exhibit List and are used for identification
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`purposes only. Petitioner’s use of Patent Owner’s descriptions does not indicate
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`that Petitioner agrees with Patent Owner’s descriptions or any other
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`characterizations of such exhibits.
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`{80288266:1}
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`Exhibit
`2001
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`2002
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`2003
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`2004
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`2006
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`2011
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`2016
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`2017
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`2018
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`Case IPR2022-142
`United States Patent No. 8,293,742
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`OBJECTIONS
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`Description
`Bausch & Lomb, Inc., et al. v. Slayback Pharma LLC, et
`al., C.A. 21-16766 (D.N.J.), Joint Discovery Plan
`submitted Feb. 3, 2022
`Bausch & Lomb, Inc., et al. v. Slayback Pharma LLC, et
`al., C.A. 21-16766 (D.N.J.), Defendants’ First Set of
`Requests for Production to Plaintiffs Nos. 1-2 served on
`Dec. 29, 2021
`Bausch & Lomb, Inc., et al. v. Slayback Pharma LLC, et
`al., C.A. 21-16766 (D.N.J.), ECF No. 15, Scheduling Order
`signed by the Honorable Douglas E. Arpert, U.S.M.J. on
`Feb. 15, 2022
`Bausch & Lomb, Inc., et al. v. Slayback Pharma LLC, et
`al., C.A. 21-16766 (D.N.J.), ECF No. 11, Order Setting the
`Initial Scheduling Conference dated Dec. 15, 2021
`Bausch & Lomb, Inc., et al. v. Slayback Pharma LLC, et
`al., C.A. 21-16766 (D.N.J.), ECF No. 1, Complaint for
`Patent Infringement filed Sept. 10, 2021
`Press Release, “New Survey From Bausch + Lomb and
`Glaucoma Research Foundation Reveals Emotional and
`Social Impact of Hyperemia on Glaucoma Patients” (Jan. 4,
`2022), https://www.bausch.com/our-company/recent-
`news/artmid/11336/articleid/683
`Drugs@ FDA Approved Drug Information, Alphagan
`0.5%,
`https://www.accessdata.fda.gov/scripts/cder/daf/index.cfm?
`event=overview.process&ApplNo=020490
`Drugs@ FDA Approved Drug Information, Alphagan
`0.15%,
`https://www.accessdata.fda.gov/scripts/cder/daf/index.cfm?
`event=overview.process&ApplNo=021262
`Press Release, “Allergan to focus on Alphagan-P,
`discontinue Alphagan (July 8, 2002),
`https://www.healio.com/news/ophthalmology/20120331/all
`ergan-to-focus-on-alphagan-p-discontinue-alphagan
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`Objection
`R
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`R
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`R
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`R
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`R, H
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`R, H, A
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`R, H A
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`R, H, A
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`R, H, A
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`{80288266:1}
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`2
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`Case IPR2022-142
`United States Patent No. 8,293,742
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`Alphagan P (brimonidine tartrate ophthalmic solution)
`0.1%, Approval Letter (Aug. 19, 2005)
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`R, H
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`2019
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`Respectfully submitted,
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`/s/ Louis H. Weinstein
`Louis H. Weinstein
`Reg. No. 45,205
`Counsel for Petitioner Slayback
`Pharma LLC
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`June 2, 2022
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`CERTIFICATE OF SERVICE
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`I, Louis H. Weinstein, certify that I caused to be served a true and correct
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`copy of
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`the
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`foregoing PETITIONER’S OBJECTIONS TO PRE-
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`INSTITUTION EXHIBITS by email, as follows:
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`Bryan Diner
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`bryan.diner@finnegan.com
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`Justin Hasford
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`Justin.hasford@finnegan.com
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`Caitlin O’Connell caitlin.oconnell@finnegan.com
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`Christina Yang
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`christina.yang@finnegan.com
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`June 2, 2022
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`/s/ Louis H. Weinstein
`Louis H. Weinstein
`Reg. No. 45,205
`Counsel for Petitioner Slayback
`Pharma LLC
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`
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`{80288266:1}
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`3
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