not meet its burden by making a prima facie showing, we need not and have not considered
Cabilly opposition 10.
Glaxo preliminary motions 1 and 2
Glaxo preliminary motion 1 attacks the priority benefit accorded to Cabilly for the filing
date of the‘457 application for the subject matter of Count 1. Glaxo preliminary motion 2
attacks the priority benefit accorded to Cabilly for the filing date of the ‘419 application for the
subject matter of Count 1.
Since we grant Glaxo’s preliminary motion 5 to the extent it seeks to substitute proposed
Count 2 for Count 1, Glaxo preliminary motions 1 and 2 are DISMISSED as moot.
Glaxo preliminary motion 4
In its preliminary motion 4, Glaxo moves to have Cabilly claims 56-60 designated as not
corresponding to Count 1. Since we grant Cabilly preliminary motion 5 to substitute Count 2 for
Count 1, Glaxo preliminary motion 4 is DISMISSED as moot.
Glaxo preliminary motions 6-9
In Glaxo preliminary motions 6-9, Glaxo moves to have certain of its involved claims
designated as not corresponding to Count 1. We grant Glaxo preliminary motion 5 to substitute
Count 2 for Count 1. Thus, Glaxo preliminary motions 6-9 are DISMISSED as moot.
C. Other Glaxo motions
Glaxo miscellaneous motion 10
Glaxo miscellaneous motion 10 is treated as a motion to suppress evidence
(FF 23). Glaxo moves to suppress Cabilly Exhibits 1090-1091, 1093-1094, 1095, 1095A,
1095B, 1112, 1113, and 1114 (Paper 176 at 2). We have not relied upon Cabilly Exhibit 1090-
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