`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_______________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_______________________________
`
`
`
`ADELLO BIOLOGICS LLC, APOTEX INC. and APOTEX CORP.
`
`Petitioners
`
`v.
`
`AMGEN INC. and AMGEN MANUFACTURING LIMITED
`
`Patent Owners
`
`____________________
`
`PGR2019-00001
`Patent No. 9,856,287
`____________________
`
`
`
`PETITIONERS’ OBJECTIONS TO EVIDENCE
`UNDER 37 C.F.R. § 42.64
`
`
`
`
`
`
`
`Pursuant to 37 C.F.R. §42.64, Adello Biologics LLC, Apotex Inc., and
`
`Apotex Corp. (collectively, “Petitioners”) object to the admissibility of the
`
`following exhibits filed by Patent Owners in their Patent Owner Response (Paper
`
`19) filed July 26, 2019.
`
`Exhibits 2030 and 2031 and any reference to or reliance thereon
`Petitioners object to the admissibility of Exhibits 2030 and 2031 as
`
`incomplete excerpts under Fed. R. Evid. 106 (incomplete), 401-402 (relevance),
`
`and 403 (misleading, confusing, of limited probative value, waste of time). To the
`
`extent the Patent Owner Response or any other submission of Patent Owner
`
`purports to refer to or rely on these exhibits, Petitioners object to such reference to
`
`or reliance on isolated portions as incomplete, misleading, and unfairly prejudicial
`
`to Petitioner (FRE 106 and 403).
`
`Exhibit 2026 (Declaration of Dr. Page) and any reference to or reliance
`thereon
`Petitioners object to the admissibility of the Declaration of Dr. Richard Page
`
`(Exhibit 2026) under Fed. R. Evid. 702 (expert testimony) and 401-402 (relevance)
`
`and 403 (misleading, confusing, of limited probative value). The opinions
`
`provided in Dr. Page’s declaration are conclusory, do not disclose underlying facts
`
`or data, and are unreliable. Further, the opinions in Dr. Page’s declaration are
`
`irrelevant, confusing, and of minimal probative value.
`
`2
`
`
`
`To the extent the Patent Owner Response or any other submission of Patent
`
`Owner purports to refer to or rely on the opinions provided in Exhibit 2026,
`
`Petitioners object to such reference to or reliance on as confusing and of minimal
`
`probative value (FRE 403).
`
`Further, to the extent that Dr. Page relies on the incomplete and misleading
`
`excerpts in Exhibits 2030 and 2031 for his analysis, Exhibit 2026 is also
`
`inadmissible under FRE 702 and for the reasons discussed above.
`
`
`
`
`
`Date: August 2, 2019
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`/Teresa Stanek Rea/
`Teresa Stanek Rea (Reg. No. 30,427)
`CROWELL & MORING LLP
`Intellectual Property Group
`1001 Pennsylvania Ave, NW
`Washington, DC 20004-2595
`
`3
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies that on the date indicated below a copy of the
`
`foregoing PETITIONERS’ OBJECTIONS TO EVIDENCE UNDER 37 C.F.R.
`
`§42.64 was served electronically by filing this document through the PTAB E2E
`
`System, as well as by e-mailing copies to the following counsel of record for
`
`Patent Owner:
`
`
`J. Steven Baughman
`sbaughman@paulweiss.com
`GRP-AmgenPGR@paulweiss.com
`
`Megan Raymond
`mraymond@paulweiss.com
`
`Catherine Nyarady
`cnyarady@paulweiss.com
`
`Jennifer Wu
`jwu@paulweiss.com
`
`
`
`
`Date: August 2, 2019
`
`
`Respectfully submitted,
`
`/Shannon Lentz/
`Shannon Lentz
`Reg. No. 65,382
`CROWELL & MORING LLP
`Intellectual Property Group
`1001 Pennsylvania Ave, NW
`Washington, DC 20004-2595
`
`4
`
`
`
`
`
`
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