`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________________
`
`TEVA PHARMACEUTICALS USA, INC.,
`Petitioner
`
`v.
`
`CORCEPT THERAPEUTICS, INC.,
`Patent Owner
`_______________________
`
`Case PGR2019-00048
`U.S. Patent No. 10,195,214
`_______________________
`
`PATENT OWNER’S OBJECTIONS TO EVIDENCE
`
`
`
`PGR2019-00048
`U.S. Patent No. 10,195,214
`
`Pursuant to 37 C.F.R. § 42.64(b)(1), Corcept Therapeutics, Inc. (“Patent
`
`Owner”) hereby submits the following objections to exhibits served with Teva
`
`Pharmaceuticals USA, Inc.’s Petition for Inter Partes Review (“Petition”). These
`
`objections are timely filed and served within ten business days of the PTAB’s
`
`November 20, 2019 Institution Decision (Paper 19).
`
`Pursuant to 37 C.F.R. § 42.62, Patent Owner’s objections apply the Federal
`
`Rules of Evidence. Patent Owner’s objections and the basis for each objection are
`
`as follows:
`
`I.
`
`OBJECTIONS TO EXHIBIT 1002
`
`Patent Owner objects to Exhibit 1002, “Declaration of Dr. David J.
`
`Greenblatt, M.D.” Specifically, Patent Owner objects to the following paragraphs
`
`and associated headings in Exhibit 1002 pursuant to Fed. R. Evid. 702, Fed. R.
`
`Evid. 703 (insufficient qualification or support for expert testimony), Fed. R. Evid.
`
`602 (lack of personal knowledge, speculation) and 37 C.F.R. § 42.65 (expert
`
`testimony does not disclose the underlying facts or data): ¶¶ 12, 38, 58, 60, 61, 66,
`
`69, 86, 105, 124, and 129-131.
`
`II. OBJECTIONS TO EXHIBITS 1004-06, 1028, 1040, 1043-1045, AND
`1047-1053
`
`Patent Owner objects to Exhibits 1028, 1040, 1043-1045, and 1047-1053 as
`
`lacking authentication under FRE 901. These exhibits purport to be PDF printouts
`
`1
`
`
`
`PGR2019-00048
`U.S. Patent No. 10,195,214
`
`of web pages, but each is inadmissible under FRE 901 because Teva has failed to
`
`provide sufficient evidence indicating the origin and creation of the PDF
`
`documents or web pages, and accordingly Teva has not provided sufficient
`
`information regarding their authenticity. Further, these exhibits are not self-
`
`authenticating under FRE 902.
`
`Patent Owner further objects to Exhibits 1004-06, 1048-1052 and 1056
`
`pursuant to Fed. R. Evid. 802 (hearsay) if offered to prove the truth of the matter
`
`asserted therein, including, but not limited to, when those exhibits were allegedly
`
`published or would have been publicly available or accessible to an ordinarily
`
`skilled artisan.
`
`Patent Owner further objects to Exhibits 1005 and 1006 pursuant to Fed. R.
`
`Evid. 401 and 402 (irrelevant). Neither Exhibit 1005 or 1006 is the type of
`
`evidence on which the relevant POSA would rely.
`
`Date: December 5, 2019
`
`Respectfully Submitted,
`
`F. Dominic Cerrito (Reg. No. 38,100)
`Eric C. Stops (Reg. No. 51,163)
`Daniel C. Wiesner (pro hac vice)
`Frank C. Calvosa (Reg. No. 69,064)
`John Galanek (Reg. No. 74,512)
`QUINN EMANUEL URQUHART &
`SULLIVAN, LLP
`51 Madison Avenue, 22nd Floor
`
`2
`
`
`
`PGR2019-00048
`U.S. Patent No. 10,195,214
`
`New York, NY 10010
`Tel: (212) 849-7000
`Fax: (212) 849-7100
`nickcerrito@quinnemanuel.com
`ericstops@quinnemanuel.com
`danielwiesner@quinnemanuel.com
`frankcalvosa@quinnemanuel.com
`johngalanek@quinnemanuel.com
`
`Counsel for Patent Owner
`
`3
`
`
`
`PGR2019-00048
`U.S. Patent No. 10,195,214
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies that on the date indicated below a copy of the
`
`foregoing Patent Owner’s Objections to Exhibits thereto were served electronically
`
`by filing these documents through the PTAB E2E System, as well as by e-mailing
`
`copies to counsel of record for Petitioners at dsterling-PTAB@sternekessler.com,
`
`opartington-PTAB@sternekessler.com, jcrozendaal-PTAB@sternekessler.com,
`
`ueverett-PTAB@sternekessler.com, wmilliken-PTAB@sternekessler.com.
`
`Date: December 5, 2019
`
`Respectfully Submitted,
`
`F. Dominic Cerrito (Reg. No. 38,100)
`Eric C. Stops (Reg. No. 51,163)
`Daniel C. Wiesner (pro hac vice)
`Frank C. Calvosa (Reg. No. 69,064)
`John Galanek (Reg. No. 74,512)
`QUINN EMANUEL URQUHART &
`SULLIVAN, LLP
`51 Madison Avenue, 22nd Floor
`New York, NY 10010
`Tel: (212) 849-7000
`Fax: (212) 849-7100
`nickcerrito@quinnemanuel.com
`ericstops@quinnemanuel.com
`danielwiesner@quinnemanuel.com
`frankcalvosa@quinnemanuel.com
`johngalanek@quinnemanuel.com
`
`Counsel for Patent Owner
`
`
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