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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_________________
`
`
`BLUEBIRD BIO, INC.
`Petitioner
`
`v.
`
`SLOAN KETTERING INSTITUTE FOR CANCER RESEARCH,
`Patent Owner
`
`_________________
`
`Case No. IPR2023-00074
`Patent No. 8,058,061
`_________________
`
`PETITIONER’S OBJECTIONS TO
`PATENT OWNER’S EXHIBITS
`
`
`
`
`
`Pursuant to 37 C.F.R. § 42.64(b)(1), Petitioner submits the following
`
`objections to exhibits served by Patent Owner in Case No. IPR2023-00074.
`
`Petitioner’s objections apply equally to Patent Owner’s reliance on the exhibit in
`
`any subsequently-filed documents. These objections are timely, having been
`
`served within five business days of service of evidence. 37 C.F.R. § 42.64(b)(1).
`
`Exhibit 2048
`
`
`
`Petitioner objects to Exhibit 2048 under Rules 401, 402, and 403 of the
`
`Federal Rules of Evidence (“FRE”) because it is not cited in the Patent Owner
`
`Response (“POR”) and is thus not relevant to the positions laid out in the POR.
`
`Exhibit 2049
`
`Petitioner objects to Exhibit 2049 under Rules 401, 402, and 403 of the FRE
`
`because it is not cited in the POR and is thus not relevant to the positions laid out
`
`in the POR.
`
`Exhibit 2050
`
`Petitioner objects to Exhibit 2050 under Rules 401, 402, and 403 of the FRE
`
`because it is not cited in the POR and is thus not relevant to the positions laid out
`
`in the POR.
`
`Exhibit 2051
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`
`
`Petitioner objects to Exhibit 2051 under Rules 401, 402, and 403 of the FRE
`
`because it is not cited in the POR and is thus not relevant to the positions laid out
`
`1
`
`
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`in the POR. Petitioner further objects to Exhibit 2051 under FRE 602 and/or 901
`
`for lack of foundation.
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`Exhibit 2056
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`
`
`Petitioner objects to Exhibit 2056 under FRE 602 and/or 901 for lack of
`
`foundation. Petitioner further objects to Exhibit 2056 to the extent it relies on any
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`other exhibit that is objected to.
`
`Exhibit 2057
`
`Petitioner objects to Exhibit 2057 under Rules 401, 402, and 403 of the FRE
`
`because it is not cited in the POR and is thus not relevant to the positions laid out
`
`in the POR.
`
`Exhibit 2059
`
`
`
`Petitioner objects to Exhibit 2059 under Rules 401, 402, and 403 of the FRE
`
`because it is not cited in the POR and is thus not relevant to the positions laid out
`
`in the POR.
`
`Exhibit 2060
`
`
`
`Petitioner objects to Exhibit 2060 under Rules 401, 402, and 403 of the FRE
`
`because it is not cited in the POR and is thus not relevant to the positions laid out
`
`in the POR.
`
`2
`
`
`
`Exhibit 2061
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`
`
`Petitioner objects to Exhibit 2061 under Rules 401, 402, and 403 of the FRE
`
`because it is not cited in the POR and is thus not relevant to the positions laid out
`
`in the POR.
`
`Exhibit 2062
`
`
`
`Petitioner objects to Exhibit 2062 under Rules 401, 402, and 403 of the FRE
`
`because it is not cited in the POR and is thus not relevant to the positions laid out
`
`in the POR.
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`Exhibit 2063
`
`
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`Petitioner objects to Exhibit 2063 under Rules 401, 402, and 403 of the FRE
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`because it is not cited in the POR and is thus not relevant to the positions laid out
`
`in the POR.
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`Exhibit 2066
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`
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`Petitioner objects to Exhibit 2066 under Rules 401, 402, and 403 of the FRE
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`because it is not cited in the POR and is thus not relevant to the positions laid out
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`in the POR.
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`Exhibit 2067
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`
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`Petitioner objects to Exhibit 2067 under Rules 401, 402, and 403 of the FRE
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`because it is not cited in the POR and is thus not relevant to the positions laid out
`
`in the POR.
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`3
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`
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`Exhibit 2069
`
`
`
`Petitioner objects to Exhibit 2069 under FRE 106 because it is an incomplete
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`writing. Petitioner further objects to Exhibit 2069 under FRE 802 because it
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`contains out of court statements that Patent Owner relies on for their truth, thus
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`constituting impermissible hearsay. Petitioner also objects to Exhibit 2069 under
`
`FRE 602 and/or 901 for lack of foundation.
`
`Exhibit 2083
`
`
`
`Petitioner objects to Exhibit 2083 under Rules 401, 402, and 403 of the FRE
`
`because it is not cited in the POR and is thus not relevant to the positions laid out
`
`in the POR.
`
`
`
`Dated: August 8, 2023
`
`
`
`
`
`
`
`Respectfully submitted,
`
` /Naveen Modi/
`Naveen Modi
`Registration No. 46,224
`Counsel for Petitioner
`
`
`
`4
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that I caused to be served on the counsel identified below a
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`true and correct copy of the foregoing Petitioner’s Objections to Patent Owner’s
`
`Exhibits by electronic means on August 8, 2023:
`
`FOR THE PATENT OWNER:
`Michael W. Glynn, Ph.D. (Reg. No. 76,729)
`mglynn@foxrothschild.com
`Fox Rothschild LLP
`101 Park Avenue, 17th Floor
`New York, NY 10178
`Telephone: (212) 878-7900
`Facsimile: (212) 692-0940
`
`Joe Chen, Ph.D. (Reg. No. 70,066)
`joechen@foxrothschild.com
`Fox Rothschild LLP
`997 Lenox Drive
`Lawrenceville, NJ 08648
`Telephone: (609) 844-3024
`Facsimile: (609) 896-1469
`
`
`
`Respectfully submitted,
`
` /Naveen Modi/
`Naveen Modi
`Registration No. 46,224
`Counsel for Petitioner
`
`
`
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`
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