Transcript of Robert Sinclair, Ph.D.
`
`Date: January 18, 2016
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`Case: US Endodontics, LLC -v- Gold Standard Instruments, LLC (PTAB)
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`Planet Depos, LLC
`Phone: 888-433-3767
`Fax: 888-503-3767
`Email: transcripts@planetdepos.com
`Internet: www.planetdepos.com
`
`Worldwide Court Reporting I Interpretation I Trial Services
`
`GOLD STANDARD EXHIBIT 2048
`US ENDODONTICS v. GOLD STANDARD
`CASE IPR2015-00632
`
`
`
`Date: January 18, 2016
`
`Case: US Endodontics, LLC -v- Gold Standard Instruments, LLC (PTAB)
`
`Planet Depos, LLC
`Phone: 888-433-3767
`Fax: 888-503-3767
`Email: transcripts@planetdepos.com
`Internet: www.planetdepos.com
`
`Worldwide Court Reporting I Interpretation I Trial Services
`
`GOLD STANDARD EXHIBIT 2048
`US ENDODONTICS v. GOLD STANDARD
`CASE IPR2015-00632
`
`
`
` UNITED STATES PATENT AND TRADEMARK OFFICE
`
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`1
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`- - - - - - - - - - - - x
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`US ENDODONTICS, LLC, :
`
` Petitioner, : Case No. IPR2015-00632
`
` v. : U.S. Patent No.
`
`GOLD STANDARD : 8,727,773 B2
`
`INSTRUMENTS, LLC, :
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` Patent Owner. :
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`- - - - - - - - - - - - X
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` Videotaped Deposition of ROBERT SINCLAIR, Ph.D.
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` Washington, DC
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` Monday, January 18, 2016
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` 9:02 a.m.
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`Job No.: 98829
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`Pages 1 - 310
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`Reported by: Debra A. Whitehead
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`Videotaped Deposition of Robert Sinclair, Ph.D.
`Conducted on January 18, 2016
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` Videotaped Deposition of ROBERT SINCLAIR, Ph.D.,
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`2
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`held at the offices of:
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` ROTHWELL, FIGG, ERNST & MANBECK, P.C.
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` 607 14th Street, NW
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` Suite 800
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` Washington, DC 20005
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` (202) 783-6040
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` Pursuant to agreement, before Debra A. Whitehead,
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`an Approved Reporter of the United States District
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`Court and Notary Public of the District of Columbia.
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`Videotaped Deposition of Robert Sinclair, Ph.D.
`Conducted on January 18, 2016
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`3
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` A P P E A R A N C E S
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` ON BEHALF OF PETITIONER:
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` JEFFREY S. GINSBERG, ESQUIRE
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` PATTERSON BELKNAP WEBB & TYLER LLP
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` 1133 Avenue of the Americas
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` New York, New York 10036-6710
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` (212) 336-2000
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` ON BEHALF OF PATENT OWNER:
`
` DEREK F. DAHLGREN, ESQUIRE
`
` JASON M. NOLAN, Ph.D., ESQUIRE
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` ROTHWELL, FIGG, ERNST & MANBECK, P.C.
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` 607 14th Street, NW
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` Suite 800
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` Washington, DC 20005
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` (202) 783-6040
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` ALSO PRESENT:
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` DEREK FOX, Video Specialist
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`Videotaped Deposition of Robert Sinclair, Ph.D.
`Conducted on January 18, 2016
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` C O N T E N T S
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`EXAMINATION OF ROBERT SINCLAIR, Ph.D. PAGE
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` By Mr. Ginsberg 9
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` By Mr. Dahlgren 261
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` By Mr. Ginsberg 296
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` EXHIBITS MARKED IN TODAY'S SESSION
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` (Attached to the Transcript)
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`GOLD STANDARD EXHIBIT PAGE
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` Exhibit 2050 ISO TX 106/SC 4 N, ISO/CD 267
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` 3630-1.2, Dentistry- Root-Canal
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` Instruments - Part 1:
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` General Requirements
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` Exhibit 2051 Kowalski Heat Treating 275
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` Company Certification, 1/15/16
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` Exhibit 2052 Declaration of Nolan Knight 277
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`PLANET DEPOS
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`Videotaped Deposition of Robert Sinclair, Ph.D.
`Conducted on January 18, 2016
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` EXHIBITS MARKED IN PRIOR SESSIONS
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` (Attached to the Transcript)
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`GOLD STANDARD EXHIBIT PAGE
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` Exhibit 2024 Article, "Influence of Structure 233
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` On Nickel-Titanium Endodontic
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` Instruments Failure," by
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` Kuhn, et al.
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` Exhibit 2026 Declaration of Robert 63
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` Sinclair, Ph.D.
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` Exhibit 2028 Declaration of Ronald R. 160
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` Lemon, D.M.D.
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` Exhibit 2029 Article, "Torsional and 81
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` Stiffness Properties of Nickel-
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` Titanium K Files," by Camps, et al.
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` Exhibit 2033 U.S. Patent Number 5,843,244 155
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` Exhibit 2037 Testimony of Robert Sinclair 92
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` Exhibit 2038 Expert Report of Robert 93
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` Sinclair, Ph.D.
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`U.S. ENDODONTICS EXHIBIT PAGE
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` Exhibit 1001 U.S. Patent Number 8,727,773 73
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`Videotaped Deposition of Robert Sinclair, Ph.D.
`Conducted on January 18, 2016
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` EXHIBITS MARKED IN PRIOR SESSIONS - CONTINUED
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`U.S. ENDODONTICS EXHIBIT PAGE
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` Exhibit 1004 Article, "The Super-elastic 244
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`6
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` Property of the Japanese NiTi
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` Alloy Wire for use in
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` Orthodontics," by Miura, et al.
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` Exhibit 1005 An Investigation of Phase 134
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` Transformation Mechanisms for
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` Nickel-Titanium Rotary
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` Endodontic Instruments,
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` Dissertation, Satish B. Alapati,
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` BDS, MS
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` Exhibit 1006 Article, "Optimisation of 15
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` Processing and properties of
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` Medical Grade Nitinol wire," by
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` Pelton, et al.
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` Exhibit 1008 Applicant Initiated Interview 107
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` Request Form, US Patent and
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` Trademark Office
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` Exhibit 1009 Declaration Under 37 C.F.R. 150
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` 1.132, David W. Berzins
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`Videotaped Deposition of Robert Sinclair, Ph.D.
`Conducted on January 18, 2016
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` EXHIBITS MARKED IN PRIOR SESSIONS - CONTINUED
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`U.S. ENDODONTICS EXHIBIT PAGE
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` Exhibit 1010 US Patent and Trademark Office, 94
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` Amendment
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` Exhibit 1014 U.S. Patent Application 140
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` Publication Number 2011/0271529
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` Exhibit 1016 ISO Standard 3630-1 70
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` Exhibit 1019 Article, "Fatigue and Mechanical 220
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` Properties of Nickel-Titanium
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` Endodontic Instruments," by
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` Kuhn, et al.
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` Exhibit 1022 U.S. Patent Application 167
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` Publication Number 2002/0137008
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` Exhibit 1023 U.S. Patent Number 7,137,815 185
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` Exhibit 1030 Declaration Under 37 C.F.R. 144
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` Section 1.132, Dr. Neill H. Luebke
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` Exhibit 1036 Petitioner's Notice of 18
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` Cross-Examination of Robert
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` Sinclair, Ph.D.
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` Exhibit 1037 U.S. Patent Number 6,149,501 133
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`Videotaped Deposition of Robert Sinclair, Ph.D.
`Conducted on January 18, 2016
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` P R O C E E D I N G S
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` VIDEO SPECIALIST: Here begins Tape
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`Number 1 in the videotaped deposition of
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`Robert Sinclair, Ph.D., in the matter of US
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`Endodontics, LLC, versus Gold Standard
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`09:02:12
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`09:02:12
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`09:02:15
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`09:02:18
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`09:02:24
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`Instruments, LLC; in the United States Patent
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`09:02:28
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`and Trademark Office, Case Number IPR
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`2015-00632.
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`09:02:33
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`09:02:41
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` Today's date is January 18, 2016. The
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`09:02:43
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`time on the video monitor is 9:02. The
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`videographer today is Derek Fox, representing
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`09:02:52
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`Planet Depos. This video deposition is
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`taking place at 607 14th Street, Northwest,
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`Washington, DC.
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` Would counsel please voice-identify
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`themselves and state whom they represent.
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` MR. GINSBERG: Jeff Ginsberg of
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`Patterson, Belknap, for Petitioner US
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`Endodontics, LLC.
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` MR. DAHLGREN: Derek Dahlgren of
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`Rothwell Figg, for patent owner. And with me
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`09:03:22
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`is my colleague, Jason Nolan.
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`09:03:23
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`Videotaped Deposition of Robert Sinclair, Ph.D.
`Conducted on January 18, 2016
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` VIDEO SPECIALIST: The court reporter
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`today is Debbie Whitehead, representing
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`Planet Depos.
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` Would the reporter please swear in the
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`witness.
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` ROBERT SINCLAIR, Ph.D.,
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` having been duly sworn, testified as follows:
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` EXAMINATION BY COUNSEL FOR PETITIONER
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`BY MR. GINSBERG:
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` Q Good morning, Dr. Sinclair.
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` A Good morning, Mr. Ginsberg.
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` Q Can you state your full name and address,
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`for the record.
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` A Robert Sinclair, 1940 Waverley Street, Palo
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`Alto, California.
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` Q Dr. Sinclair, you understand that I will be
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`cross-examining you today in connection with certain
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`09:03:57
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`opinions that you've provided concerning U.S. Patent
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`09:03:59
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`Number 8,727,773. Correct?
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` A Yes.
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` Q Is it okay if I refer to that patent
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`09:04:03
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`09:04:06
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`09:04:06
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`throughout the course of today's cross-examination
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`09:04:09
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`Videotaped Deposition of Robert Sinclair, Ph.D.
`Conducted on January 18, 2016
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`as the '773 patent?
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` A Yes, please.
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` Q You understand that you are required to
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`answer my questions truthfully and that you're under
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`oath. Correct?
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` A Yes.
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` Q Now, your attorney may object to my
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`questions from time to time. But unless you are
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`specifically instructed not to answer, you are
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`expected to provide answers to each of my questions.
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` Do you understand that?
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` A Yes.
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`09:04:31
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`09:04:32
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` Q Is there any reason why you cannot provide
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`truthful and accurate testimony here today?
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` A There is no reason.
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`09:04:38
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` Q Now, you testified in the pending district
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`09:04:38
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`court action between Dentsply and US Endodontics,
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`both at a deposition and at a preliminary injunction
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`09:04:46
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`hearing. Correct?
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` A Yes, that's right.
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`09:04:49
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`09:04:50
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` Q In the district court action you testified
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`09:04:51
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`as to the infringement of the '773 patent. Correct?
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`09:04:54
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`Videotaped Deposition of Robert Sinclair, Ph.D.
`Conducted on January 18, 2016
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` A Correct, yes.
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` Q Neill Luebke testified as to the validity of
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`09:05:01
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`the '773 patent. Correct?
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` A I believe so.
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`09:05:06
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` Q Were you present in the courtroom during the
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`09:05:08
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`testimony of Dr. Luebke in connection with the
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`preliminary injunction hearing?
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` A I believe I was there for most of the time,
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`yes.
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` Q Were you there for most of the time that
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`Dr. Luebke testified or the entire time?
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` A I think it was probably the entire time.
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`09:05:21
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`09:05:27
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` Q Do you recall disagreeing with any opinions
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`that Dr. Luebke provided in the preliminary
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`injunction hearing?
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` A I don't recall all the details of it, but
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`I -- nothing -- nothing sticks out in my mind.
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` Q Nothing sticks out in your mind that you
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`disagreed with?
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` A Correct.
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`09:05:32
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` Q Now, at some point in time you were asked to
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`09:05:47
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`provide your opinions concerning the validity of the
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`09:05:53
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`Videotaped Deposition of Robert Sinclair, Ph.D.
`Conducted on January 18, 2016
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`'773 patent in connection with this pending inter
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`09:05:57
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`partes review proceeding. Correct?
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` A That's right, yes.
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` Q When was that?
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`09:06:03
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` A I'd say probably a few months ago. I don't
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`remember the exact date.
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`09:06:11
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` Q Do you remember the approximate month that
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`09:06:11
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`you were asked to do this work?
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` A Probably September, October time frame.
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` Q And what were you asked to do?
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`09:06:14
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`09:06:22
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` A I was asked to give my opinion on the inter
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`09:06:26
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`partes review documents and -- and the associate --
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`09:06:34
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`associated documents, the papers and so on.
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`09:06:44
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` Q When you say "the associated documents and
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`papers and so on," are you referring to the prior
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`art references that were cited in the inter partes
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`review petition?
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` A Yes. Yes, I am.
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`09:06:58
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`09:06:59
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` Q Was that the first time that you saw those
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`09:07:00
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`references?
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` A No, it is not.
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`09:07:02
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`09:07:02
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` Q When was the first time that you saw those
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`09:07:03
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`Videotaped Deposition of Robert Sinclair, Ph.D.
`Conducted on January 18, 2016
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`references?
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`09:07:05
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` A Well, some of them I would have seen close
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`to the time of publication. And others at the time
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`of the preparation for the court hearing and my
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`declaration at that time.
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`09:07:24
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` Q Do you recall which of the publications that
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`you saw were ones that you had seen close to the
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`09:07:30
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`time of their actual publication?
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` A Well, certainly the Pelton article.
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` Q Any other references?
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` A I can't recall.
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` Q Why do you say, "certainly the Pelton
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`article"?
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` A Well, I -- I know Pelton, he was -- he
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`worked in our group, and I saw him from time to
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`time. And because of my interest in nitinol, then
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`09:08:04
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`we often discussed developments at the time. And I
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`09:08:09
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`also thought it was quite an interesting article.
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`09:08:15
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` Q Do you consider Pelton to be a person of
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`09:08:20
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`skill in the art concerning nitinol?
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` A Yes, certainly.
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` Q Do you respect Dr. Pelton?
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`Videotaped Deposition of Robert Sinclair, Ph.D.
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` A I do.
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` Q When you mentioned that you were interested
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`in nitinol, what did you mean by nitinol?
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` A So nickel-titanium alloys close to a 50/50
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`composition in atomic percent.
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` Q Nickel-titanium alloys that are close to a
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`50/50 composition in atomic percent fall within the
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`scope of the claims of the '773 patent. Correct?
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`09:09:12
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` A Yes.
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`09:09:14
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` Q When you say that Dr. Pelton worked in your
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`09:09:15
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`group, what group are you referring to?
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`09:09:18
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` A The research group which I have at Stanford
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`09:09:20
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`University.
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` Q Is Dr. Pelton currently working in your
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`group?
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` A No.
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` Q Do you know where Dr. Pelton is?
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`09:09:24
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` A He was at NDC, but I believe he's moved on
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`09:09:33
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`about a year or so ago.
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` Q What is NDC?
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` A Nitinol Devices Corporation I think it
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`stands for.
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`Videotaped Deposition of Robert Sinclair, Ph.D.
`Conducted on January 18, 2016
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` Q When did he leave your group?
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` A Oh, it would be the early 1980s.
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` Q The Pelton publication that you stated you
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`were familiar with at or around the time that the
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`publication was actually published, was this the
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`article that has been identified in this proceeding
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`as Exhibit 1006? And I'll hand you a copy of that
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`exhibit.
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`09:10:37
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` (US Endodontics Exhibit 1006, previously
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`09:10:37
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`marked, attached to the transcript.)
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` A Yes, this is the article.
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`09:10:37
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`09:10:43
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` Q You found this article to be an interesting
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`09:10:44
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`article?
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` A Yes, I did.
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`09:10:45
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`09:10:46
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` Q Did you actually discuss this article with
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`09:10:46
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`Dr. Pelton?
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`09:11:05
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` A I may have discussed one or two aspects of
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`09:11:12
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`it, but not in exhaustive detail.
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` Q Do you believe the information that is
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`reported in Pelton, which is Exhibit 1006, is
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`accurate and reliable?
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` A Well, I have no reason not to -- not to
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`09:11:14
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`Videotaped Deposition of Robert Sinclair, Ph.D.
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`trust it. But on the other hand, there are -- there
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`is testing here which I, myself, have not carried
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`out.
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` Q So unless you've conducted the testing, you
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`do not know whether or not the information in a
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`reference is accurate and reliable?
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` A Well, to be a hundred percent certain, for
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`instance, one would like to reproduce the testing
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`one's self. But in the meantime, one tends to make
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`an assessment about whether the results which are
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`reported are reasonable or not.
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` Q Do you believe the Pelton article is an
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`appropriate reference to rely on for the teachings
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`contained therein?
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` A There are several good reviews of various
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`09:12:46
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`aspects of nickel-titanium alloys, and I think this
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`is a good review.
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` Q When was the last time you talked to
`
`Dr. Pelton?
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` A I think it would probably be a year or so
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`ago, perhaps a little longer.
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`09:13:03
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`09:13:24
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`09:13:27
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` Q Did you talk to Dr. Pelton concerning your
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`09:13:29
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`Videotaped Deposition of Robert Sinclair, Ph.D.
`Conducted on January 18, 2016
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`role as an expert witness in either the district
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`court litigation between Dentsply and US Endodontics
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`and the present inter partes review proceeding?
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` A No --
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` MR. DAHLGREN: Objection. Scope,
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`relevance.
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` THE WITNESS: Oh, sorry.
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` A No, I didn't talk to him about this
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`proceedings -- these proceedings.
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` Q Did you speak to Dr. Pelton concerning any
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`opinions concerning nickel-titanium alloys?
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` MR. DAHLGREN: Same objections.
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` A You mean most recently, or in the time
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`period of this -- of this litigation?
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`09:13:56
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`09:14:02
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`09:14:05
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` Q During your last conversation that you had
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`09:14:09
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`with him.
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` A No, I don't think so.
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`09:14:10
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`09:14:11
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` Q Now, Dr. Sinclair, you are being compensated
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`09:14:16
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`for your time in connection with this proceeding.
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`09:14:20
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` Correct?
`
` A Yes, that's right.
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` Q Who is paying you?
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`09:14:22
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`09:14:23
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`09:14:23
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`Videotaped Deposition of Robert Sinclair, Ph.D.
`Conducted on January 18, 2016
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` A I send the invoice for my work to Rothwell,
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`09:14:25
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`Figg, and they process the payment.
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` Q In the district court action you were being
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`09:14:44
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`paid as an expert consultant on behalf of Dentsply
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`and Tulsa Dental Products. Correct?
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` A I believe so.
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` Perhaps I can follow up on that. I'm not
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`09:14:51
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`sure what you mean by consultant. I was asked to be
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`an expert witness in this case.
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` Q On behalf of Dentsply and Tulsa Dental.
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` Correct?
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` A Yeah. An expert witness, yes.
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` Q And just one housekeeping matter.
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`09:15:15
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` I'm handing you what has been marked Exhibit
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`09:15:32
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`1036. It's petitioner's notice of cross-examination
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`09:15:34
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`of Robert Sinclair, Ph.D.
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` Dr. Sinclair, have you seen Exhibit 1036
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`before?
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` (US Endodontics Exhibit 1036, previously
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`marked and attached to the transcript.)
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` A Yes, I believe I have.
`
` Q And you understand that you are appearing
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`Videotaped Deposition of Robert Sinclair, Ph.D.
`Conducted on January 18, 2016
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`today in response to that notice of
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`cross-examination?
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` A Yes, I believe so.
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` Q Dr. Sinclair, you are not an endodontist.
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` Correct?
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` A That's correct.
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` Q You have never used an endodontic file.
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` Correct?
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` A In practice, I have never used it, uh-huh.
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`09:16:16
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` Q Have you used an endodontic file in any
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`experiments?
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`09:16:18
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`09:16:24
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` A Well, I have seen some of the -- some of the
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`files which are in question and have examined them.
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` Q Prior to your role as an expert witness in
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`09:16:37
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`either the district court litigation or the pending
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`09:16:42
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`IPR proceeding, have you ever examined any
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`endodontic files?
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`09:16:50
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` A I don't really recall that. I may -- I've
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`seen many different types of nickel-titanium based
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`devices, and I can't recall whether these particular
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`files were some of the ones which I've been shown.
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`09:17:08
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` Q Do you recall whether prior to your
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`09:17:13
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`Videotaped Deposition of Robert Sinclair, Ph.D.
`Conducted on January 18, 2016
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`involvement in this case you had ever seen any
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`nickel-titanium endodontic files?
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` A So I can't recall.
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` Q Have you ever conducted any tests on a
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`nickel-titanium endodontic file?
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` A I have examined the files which are -- which
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`are relevant to this case, and I have done informal
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`tests on them.
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` Q What informal tests have you done?
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` A For instance, bending.
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` Q When you say you've done an informal bending
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`test, what do you mean?
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` A So to take the file and to see how much it
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`bends or how easy or difficult it is to bend.
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` Q How did you bend the file, or files?
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`09:17:58
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`09:18:01
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` A So I -- I gripped them at both ends and just
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`applied a force to it.
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` Q When you say you "gripped them at both
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`ends," did one of the ends have a handle?
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` A I believe so, but I can't recall.
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`09:18:13
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`09:18:15
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`09:18:24
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` Q Other than your bending of one or more files
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`09:18:26
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`with your hands, have you ever conducted any other
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`09:18:36
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`Videotaped Deposition of Robert Sinclair, Ph.D.
`Conducted on January 18, 2016
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`21
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`tests on a nickel-titanium endodontic file?
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` A I don't think so.
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` Q Have you ever overseen any tests on a
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`nickel-titanium endodontic file?
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` MR. DAHLGREN: I'm going to object
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`here, Dr. Sinclair.
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` To the extent the question calls for
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`information relating to work that was done in
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`connection with the pending district court
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`litigation or at the direction of Rothwell,
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`Figg, I would instruct you not to answer.
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` To the extent it relates to this
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`proceeding, you -- you may answer.
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`09:18:38
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` A So I'm not sure how the instruction pertains
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`to -- to -- to this question.
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` THE WITNESS: Am I allowed to answer
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`or not on your recommendation?
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` MR. DAHLGREN: To the extent that it
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`relates to work that you did at our
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`instruction -- our instruction relating to
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`the pending district court litigation, I
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`would instruct you not to answer.
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`Videotaped Deposition of Robert Sinclair, Ph.D.
`Conducted on January 18, 2016
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`22
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` To the extent it involves tests
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`pertaining to this proceeding, you may
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`answer.
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` And I'll -- I'll modify that. You
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`can -- you can say yes or no, but I would ask
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`you not to talk about any specifics of
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`testing that was done relating to the
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`district court litigation. Sorry, Jeff.
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` MR. GINSBERG: I'm not sure what the
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`instruction is now, so I'll just reask my
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`question.
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` Q Have you ever overseen any tests on a
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`nickel-titanium endodontic file?
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` A So I'm not sure what you really mean by
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`overseen. But I have seen the results of tests and
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`09:20:24
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`discussed the tests with -- some tests which have
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`been carried out.
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` Q Were you ever present for any of those
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`tests, to actually oversee them?
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` A I was not physically present.
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` Q Were you present via any form of
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`communication, video, telephone?
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`Conducted on January 18, 2016
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` A I believe not.
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` Q Have you ever instructed that any tests be
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`performed on a nickel-titanium endodontic file?
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`09:21:04
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` A I -- I think that I have recommended or
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`discussed possible tests.
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` Q What tests did you recommend?
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` MR. DAHLGREN: To the extent those
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`tests relate to the pending district court
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`litigation, I'm going to instruct you not to
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`answer that question.
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` Q Can you answer the question?
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` A So I -- I -- I prefer not to answer that
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`question.
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` Q Because the only tests that you have
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`recommended were in connection with the pending
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`district court litigation?
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`09:22:01
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` A Well, they're certainly associated with it,
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`09:22:05
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`yes. Uh-huh.
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`09:22:07
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` Q Were they associated with any other matter?
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`09:22:08
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` A No.
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`09:22:12
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` Q You can answer this question yes or no: Do
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`09:22:12
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`you know whether any of the tests that you
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`09:22:20
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`recommended in connection with the district court
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`09:22:21
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`litigation were actually carried out?
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` A I believe so.
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` Q Do you recall if you've ever seen the
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`results?
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` A Yes, I have.
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` Q What were those results?
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` MR. DAHLGREN: I'm going to instruct
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`you not to answer.
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` A I'll follow the attorney's advice.
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` MR. DAHLGREN: It's privileged work
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`product information.
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` Q And just to be clear, prior to your
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`involvement in connection with the district court
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`litigation and this pending inter partes review
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`proceeding, you had never recommended any tests be
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`09:23:14
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`conducted on a nickel-titanium endodontic file.
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`09:23:17
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` Correct?
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`09:23:21
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` A Prior to this involvement here, I believe
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`09:23:22
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`that's correct.
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`09:23:26
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` Q You have never conducted any research on the
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`09:23:28
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`use of nickel-titanium alloys for dental
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`09:23:36
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`Videotaped Deposition of Robert Sinclair, Ph.D.
`Conducted on January 18, 2016
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`applications. Correct?
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` A I don't think that's correct.
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`09:23:39
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` Q What research have you conducted on the use
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`09:23:46
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`of nickel-titanium alloys for dental applications?
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`09:23:51
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` A Well, the orthodontic wire materials would
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`09:23:53
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`be in a form which we would have carried out some --
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`09:24:02
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`some examinations of.
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` Q What examinations on orthodontic wire did
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`you carry out?
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` A Well, it's some time ago now. I would think
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`that we would have done x-ray diffraction
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`experiments and likely some electron microscopy.
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` Q Did any of that work involve heat-treated
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`orthodontic wire?
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` A Well, in the sense that -- that the wire
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`would have been formed in an appropriate fashion for
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`it to be useful in an orthodontic sense, then it
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`would have required a thermomechanical treatment at
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`09:25:19
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`the least.
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` Q The thermomechanical treatment that you
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`reference is a treatment that occurs during the
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`processing of the orthodontic wire?
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`Videotaped Deposition of Robert Sinclair, Ph.D.
`Conducted on January 18, 2016
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` A Normally, yes. Uh-huh.
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` Q Do you recall whether or not any of your
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`work involved a thermomechanical treatment of an
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`orthodontic wire after it was already formed?
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` A Probably not thermomechanical, but we would
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`certainly have cycled the wire in temperature.
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` Q For purposes of sterilization, or for what
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`purposes?
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` A For purposes of examining the
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`transformations involved.
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` Q And what temperatures were the wires cycled
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`at?
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` A Well, I suppose to give you a ballpark,
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`probably would have been from approximately plus 100
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`degrees C to approximately minus 100 degrees C.
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` Q And how did those treatments affect the
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`structure of the nickel-titanium wire?
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` A So we would have also carried out DSC
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`testing as well. And so we would have been
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`following the phase transformations which were
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`involved with those wires, determining the crystal
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`phases present at various temperatures.
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`Videotaped Deposition of Robert Sinclair, Ph.D.
`Conducted on January 18, 2016
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` Q And how did the temperatures at which the
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`09:27:22
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`wire was cycled impact the structure of the wire?
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`09:27:28
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` A Sorry. Could I get the -- could you repeat
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`09:27:39
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`the question, please --
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` Q Sure.
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` A -- so I make sure I answer the right
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`question.
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`09:27:41
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` Q I believe you testified that the wire that
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`09:27:44
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`you were examining was subjected to treatment at
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`09:27:55
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`temperatures from minus 100 degrees Celsius to 100
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`09:28:03
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`degrees Celsius? Is that correct?
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` A Yes. Uh-huh.
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`09:28:09
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`09:28:11
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` Q How did such treatments affect the crystal
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`09:28:11
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`structure of the nickel-titanium wire?
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`09:28:15
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` A So at the higher temperatures the material
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`09:28:18
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`would be in the austenite or high-temperature phase
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`09:28:25
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`crystal structure. And at lower temperatures it
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`09:28:29
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`would be in the lower temperature martensite phase
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`09:28:36
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`crystal structure. And in some cases there would be
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`
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