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`
`
`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
`___________________
`
`TEVA PHARMACEUTICALS USA, INC.'S
`OBJECTIONS TO EVIDENCE
`
`
`
`
`
`
`
`
`
`
`
`Mail Stop "PATENT BOARD"
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`
`
`
`PGR2019-00048
`Patent 10,195,214
`
`
`Petitioner, Teva Pharmaceuticals USA, Inc. (“Teva”), objects under the
`
`Federal Rules of Evidence (FRE) and 37 C.F.R. § 42.64(b)(1) to the admissibility
`
`of Exhibits 2001-2005, 2010, 2017-2019, 2024-2033, 2037-2040, 2045, and 2046
`
`(the “Challenged Evidence”), filed by Patent Owner Corcept Therapeutics, Inc.
`
`(“Corcept”) with its Patent Owner’s Preliminary Response, filed on August 23,
`
`2018, and its Patent Owner’s Sur-Reply in Further Support of its Preliminary
`
`Response, filed on October 3, 2018. Teva’s Objections are timely filed under 37
`
`C.F.R. § 42.64(b)(1), within ten business days of the institution of trial. Teva files
`
`these Objections to provide notice to Corcept that Teva may move to exclude the
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`Challenged Evidence under 37 C.F.R. § 42.64(c).
`
`I.
`
`IDENTIFICATION OF GROUNDS FOR OBJECTIONS
`A. Exhibits 2001-2005, 2017-2019, 2024-2033, 2037-2039
`Teva objects to Exhibits 2001-2005, 2017-2019, 2024-2033, 2037-2039 as
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`irrelevant under FRE 401 through FRE 403. Exhibit 2001 is a document titled Trial
`
`Practice Guide Update (August 2018), which is cited as an exhibit by Corcept
`
`because one of its citations discusses the August 2018 Update to the Office Patent
`
`Trial Practice Guide. Exhibit 2002 appears to be a chart created by Corcept’s
`
`attorneys comprising of handpicked quotes from different filings in a district-court
`
`case involving the patent at issue in this proceeding. Exhibit 2003 appears to be an
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`email communication between Corcept’s and Teva’s district court counsel.
`
`- 1 -
`
`
`
`PGR2019-00048
`Patent 10,195,214
`
`Exhibits 2004 and 2005 appear to be copies of filings in the district-court case.
`
`Exhibits 2017 through 2019, 2024 through 2033, and 2037 through 2039 purport to
`
`be prescribing information for different drugs.
`
`These exhibits do not have any tendency to make a fact of consequence in
`
`determining the patentability of the patent-at-issue more or less probable than it
`
`would be without the evidence. They are, therefore, irrelevant under FRE 401.
`
`Teva therefore objects to these exhibits under FRE 402. Teva also objects to these
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`exhibits under FRE 403 because they have no probative value, create unfair
`
`prejudice to Teva, and will only confuse issues and waste the Board’s time.
`
`Teva also objects to Exhibit 2002 as inconsistent with FRE 1006 because the
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`summaries do no accurately reflect the underlying documents, and because the
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`writings purportedly summarized are not so voluminous so as to be unable to be
`
`conveniently examined in court. Because this exhibit is unreliable, it is
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`inadmissible under FRE 403 because the exhibit risks unfair prejudice, confusing
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`the issues, and misleading the Board.
`
`Teva also objects to Exhibit 2003 as inconsistent with FRE 106 because it
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`appears to be emails selected from a larger chain of communication, rendering it
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`inadmissible under FRE 106 (“If a party introduces all or part of a writing or
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`recorded statement, an adverse party may require the introduction, at that time, of
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`any other part…that in fairness ought to be considered at the same time.”). Because
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`- 2 -
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`
`
`PGR2019-00048
`Patent 10,195,214
`
`this exhibit is part of a larger work, it is inadmissible under FRE 403 because using
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`only a portion of the exhibit risks unfair prejudice, confusing the issues, and
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`misleading the Board.
`
`Exhibits 2010, 2045, and 2046
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`B.
`Teva objects to Exhibits 2010, 2045, and 2046 as lacking authentication
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`under FRE 901. These exhibits purport to be PDF printouts of web pages, but each
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`is inadmissible under FRE 901 because Corcept has failed to provide sufficient
`
`evidence indicating the origin and creation of the PDF documents, and accordingly
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`Corcpet has not provided sufficient information regarding their authenticity.
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`Further, these exhibits are not self-authenticating under FRE 902.
`
`C. Exhibit 2040
`Teva also objects to Exhibit 2040 as irrelevant under FRE 401 through FRE
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`403. This exhibit is not cited in either the Patent Owner’s Preliminary Response or
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`the Patent Owner’s Sur-Reply in Further Support of its Preliminary Response. It is,
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`therefore, irrelevant under FRE 401. Teva therefore objects to this exhibit under
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`FRE 402. Teva also objects to this exhibit under FRE 403 because it has no
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`probative value, creates unfair prejudice to Teva, and will only confuse issues and
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`waste the Board’s time.
`
`- 3 -
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`
`
`PGR2019-00048
`Patent 10,195,214
`
`II. CONCLUSION
`To the extent Corcept fails to correct the defects associated with the
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`Challenged Evidence in view of Teva’s objections herein, Teva may file a motion
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`to exclude the Challenged Evidence under 37 C.F.R. § 42.64(c).
`
`Respectfully submitted,
`
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`
`
`
`Deborah A. Sterling, Ph.D.
`Date: December 5, 2019
`1100 New York Avenue, N.W. Registration No. 62,732
`Washington, D.C. 20005-3934
`Lead Attorney for Petitioner
`(202) 371-2600
`
`- 4 -
`
`
`
`
`
`CERTIFICATE OF SERVICE (37 C.F.R. § 42.6(e))
`
`The undersigned hereby certifies that the above-captioned “TEVA
`
`PHARMACEUTICALS USA, INC.'S OBJECTIONS TO EVIDENCE" was served
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`in its entirety on December 5, 2019, upon the following parties via email:
`
`F. Dominic Cerrito
`Eric C. Stops
`John P. Galanek
`Frank C. Calvosa
`Quinn Emanuel Urquhart & Sullivan, LLP
`51 Madison Avenue, 22nd Floor
`New York, NY 10010
`nickcerrito@quinnemanuel.com
`ericstops@quinnemanuel.com
`johngalanek@quinnemanuel.com
`frankcalvosa@quinnemanuel.com
`
`
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`
`
`
`Deborah A. Sterling, Ph.D.
`Date: December 5, 2019
`1100 New York Avenue, N.W. Registration No. 62,732
`Washington, D.C. 20005-3934
`Lead Attorney for Petitioner
`(202) 371-2600
`
`
`
`
`
`
`
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