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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`US ENDODONTICS, LLC,
`Petitioner
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`v.
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`GOLD STANDARD INSTRUMENTS, LLC
`Patent Owner
`
`Case IPR2015-00632
`Patent 8,727,773 B2
`
`PETITIONER'S THIRD SET OF OBJECTIONS
`TO PATENT OWNER'S EXHIBITS
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`Pursuant to 37 C.F.R. § 42.64(b)(1), Petitioner US Endodontics, LLC ("US
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`Endo") submits the following objections to Exhibits 2044, 2050, 2051, and 2052
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`submitted by Patent Owner Gold Standard Instruments, LLC ("GSI"), and any
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`reference to or reliance on the foregoing. Pursuant to 37 C.F.R. § 42.62, US
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`Endo's objections apply the Federal Rules of Evidence.
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`I.
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`OBJECTIONS TO EXHIBIT 2044
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`Exhibit 2044 is described by GSI as "Email communications between Dr.
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`Neill H. Luebke and Bobby Bennett, dated June 27, 2010 and July 6, 2010."
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`(Paper No. 56, p. 7.)
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`US Endo objects to Exhibit 2044 as irrelevant to the grounds upon which
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`this proceeding has been instituted, and as untimely and unfairly prejudicial.
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`Accordingly, Exhibit 2044 is inadmissible under Fed. R. Evid. 401, 402, and/or
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`403.
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`US Endo further objects to Exhibit 2044 under Fed. R. Evid. 802 as
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`constituting inadmissible hearsay for which GSI has not established any
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`exception.
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`II. OBJECTIONS TO EXHIBIT 2050
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`Exhibit 2050 is described by Patent Owner as "Dentistry — Root-canal
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`instruments — Part 1: General requirements, dated February 17, 2005." (Paper
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`No. 56, p. 8.)
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`1
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`US Endo objects to Exhibit 2050 as irrelevant to the grounds upon which
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`this proceeding has been instituted, and as untimely and unfairly prejudicial.
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`Accordingly, Exhibit 2050 is inadmissible under Fed. R. Evid. 401, 402, and/or
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`403.
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`US Endo further objects to Exhibit 2050 under Fed. R. Evid. 901 for lack
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`of authentication.
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`III. OBJECTIONS TO EXHIBIT 2051
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`Exhibit 2051 is described by Patent Owner as "Kowalski Heat Treatment
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`Company Purchase Order Certification, dated January 15, 2016." (Paper No. 56,
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`p. 8.)
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`US Endo objects to Exhibit 2051 as irrelevant to the grounds upon which
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`this proceeding has been instituted, and as untimely and unfairly prejudicial.
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`Accordingly, Exhibit 2051 is inadmissible under Fed. R. Evid. 401, 402, and/or
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`403.
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`US Endo further objects to Exhibit 2051 under Fed. R. Evid. 802 as
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`constituting inadmissible hearsay for which GSI has not established any
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`exception.
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`US Endo further objects to Exhibit 2051 under Fed. R. Evid. 901 for lack
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`of authentication.
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`2
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`IV. OBJECTIONS TO EXHIBIT 2052
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`Exhibit 2052 is described by Patent Owner as "Declaration of Nolan
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`Knight, dated January 18, 2016." (Paper No. 56, p. 8.)
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`US Endo objects to Exhibit 2052 as irrelevant to the grounds upon which
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`this proceeding has been instituted, and as untimely and unfairly prejudicial.
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`Accordingly, Exhibit 2052 is inadmissible under Fed. R. Evid. 401, 402, and/or
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`403.
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` US Endo further objects to Exhibit 2052 under Fed. R. Evid. 802 as
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`constituting inadmissible hearsay for which GSI has not established any
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`exception.
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`US Endo further objects to Exhibit 2052 under Fed. R. Evid. 901 for lack
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`/Jeffrey S. Ginsberg /
`Jeffrey S. Ginsberg (Reg. No. 36,148)
`Lead counsel for Petitioner US Endodontics, LLC
`
`Abhishek Bapna (Reg. No. 64,049)
`Back-up counsel for Petitioner US Endodontics,
`LLC
`
`Patterson Belknap Webb & Tyler LLP
`1133 Avenue of the Americas
`New York, NY 10036-6710
`Tel.: (212) 336-2000
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`3
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`of authentication.
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`Dated: February 3, 2016
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`
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`Certificate of Service
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`Pursuant to 37 C.F.R. § 42.6(e), the undersigned certifies that on February
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`3, 2016, the foregoing Petitioner's Third Set of Objections to Patent Owner's
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`Exhibits was filed via the PRPS system and served via e-mail on the following
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`counsel of record for the Patent Owner:
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`Joseph A. Hynds
`(jhynds@rothwellfigg.com)
`R. Elizabeth Brenner-Leifer
`(ebrenner@rothwellfigg.com)
`Steven Lieberman
`(slieberman@rothwellfigg.com)
`Jason M. Nolan
`(jnolan@rothwellfigg.com)
`Derek F. Dahlgren
`(ddahlgren@rothwellfigg.com)
`C. Nichole Gifford
`(ngifford@rothwellfigg.com)
`Rothwell, Figg, Ernst & Manbeck P.C.
`607 14th Street, N.W., Suite 800
`Washington, DC 20005
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`/Abhishek Bapna/
`Abhishek Bapna (Reg. No. 64,049)
`Patterson Belknap Webb & Tyler LLP
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