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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TENNESSEE
`
`DENTSPLY INTERNATIONAL,
`INC. and TULSA DENTAL
`PRODUCTS LLC d/b/a TULSA:
`DENTAL SPECIALTIES,
`Plaintiffs,
`
`v.
`
`Civil Action No.
`2: 14-CV-00196 (JRG) (DHI)
`
`U.S. ENDODONTICS, LLC,
`Defendant.
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`VIDEOTAPED DEPOSITION OF ROBERT
`13
`SINCLAIR, Ph.D., taken before Ryan K. Black,
`14
`CLR, RPR, Notary Public, in and for the District
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`of Columbia, at the offices of Rothwell, Figg,
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`17 Ernst & Manbeck, 607 14th Street, NW, Suite 800,
`18 Washington, D.C., on Thursday, October 2, 2014,
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`commencing at 9:00 a.m.
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`GOLD STANDARD EXHIBIT 2037
`US ENDODONTICS v. GOLD STANDARD
`CASE IPR2015-00632
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`212-279-9424
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`VERITEXT REPORTING COMPANY
`www.veritext.com
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`212-490-3430
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`Page 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TENNESSEE
`
`DENTSPLY INTERNATIONAL,
`INC. and TULSA DENTAL
`PRODUCTS LLC d/b/a TULSA:
`DENTAL SPECIALTIES,
`Plaintiffs,
`
`v.
`
`Civil Action No.
`2: 14-CV-00196 (JRG) (DHI)
`
`U.S. ENDODONTICS, LLC,
`Defendant.
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`** HIGHLY CONFIDENTIAL**
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`VIDEOTAPED DEPOSITION OF ROBERT
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`SINCLAIR, Ph.D., taken before Ryan K. Black,
`14
`CLR, RPR, Notary Public, in and for the District
`15
`of Columbia, at the offices of Rothwell, Figg,
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`17 Ernst & Manbeck, 607 14th Street, NW, Suite 800,
`18 Washington, D.C., on Thursday, October 2, 2014,
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`commencing at 9:00 a.m.
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`GOLD STANDARD EXHIBIT 2037
`US ENDODONTICS v. GOLD STANDARD
`CASE IPR2015-00632
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`212-279-9424
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`VERITEXT REPORTING COMPANY
`www.veritext.com
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`212-490-3430
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`Page 2
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`A P P E A R A N C E S:
` ROTHWELL, FIGG, ERNST & MANBECK P.C.
` By: Derek F. Dahlgren, Esq.
` C. Nichole Gifford, Esq.
` 607 14th Street, N.W., Suite 800
` Washington, D.C. 20005
` 202.783.6040
` ddahlgren@rfem.com
` ngifford@rfem.com
` Representing - Dentsply International, Inc.
` and Tulsa Dental Products LLC d/b/a Tulsa
` Dental Specialties
`
` KENYON & KENYON
` By: Jeffrey S. Ginsberg, Esq.
` Slaven Jesic, Esq.
` One Broadway
` New York, New York 10004
` 212.425.5288
` jginsberg@kenyon.com
` sjesic@kenyon.com
` Representing - U.S. Endodontics, LLC
`
`ALSO PRESENT:
` David Campbell, Legal Videographer
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` I N D E X
`TESTIMONY OF: ROBERT SINCLAIR, Ph.D.
`BY MR. GINSBERG.............................6
`BY MR. DAHLGREN ..........................256
`
` - - -
` E X H I B I T S
` - - -
`NUMBER DESCRIPTION MARKED
`Exh 1 a document titled Expert Report
` of Robert Sinclair, dated September
` 12, 2014.............................43
`Exh 2 a declaration of Robert Sinclair,
` dated August 14th, 2014..............52
`Exh 3 declaration of Robert Sinclair, dated
` June 27th, 2014.....................52
`Exh 4 a copy of the '341 patent............83
`Exh 5 a copy of the '773 patent............83
`Exh 6 a copy of an article from the Journal
` of Endodontics 1988, entitled, Initial
` Investigation of the Bending and
` Torsional Properties of Nitinol Root
` Canal Files.........................110
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` E X H I B I T S
`NUMBER DESCRIPTION MARKED
`Exh 7 an article from the American Journal
` of Orthodontics and Dentofacial
` Orthopedics.........................113
`Exh 8 a copy of the deposition transcript
` of Bobby Bennett that took place on
` September 19th, 2014................151
`Exh 9 a copy of the declaration of Bobby
` Bennett, dated August 1st, 2014.....167
`Exh 10 a declaration under 37 CFR 1.132
` from David W. Berzins...............198
`Exh 11 an amendment that was submitted to
` Patent Office in April of 2011......205
`Exh 12 a notice of deposition pursuant to rule
` 30(b)6 of Dentsply International, Inc.,
` and Tulsa Dental Products LLC, d/b/a
` Tulsa Dental Specialties............206
`Exh 13 a product and pricing catalog,
` 2014................................219
`Exh 14 a letter from Veritas Testing and
` Consulting to Jason Nolan...........241
`Exh 15 a declaration under 37 CFR section
` 1.132, from Neill Luebke............250
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`Page 5
` THE VIDEOGRAPHER: We are now on the
`record. Please note that the microphones are
`sensitive and may pick up whispering and private
`conversations. Please turn off all cell phones
`or place them away from the microphones as they
`can interfere with the deposition audio.
`Recording will continue until all parties
`agree to go off the record.
` My name is David Campbell,
`representing Veritext. Today's date is
`10/2/2014, and the time is, approximately, 9
`a.m.
` This deposition is being held at
`Rothwell Figg, located at 607 14th Street,
`Northwest, Washington, D.C., and is being taken
`by the counsel for the defendant.
` The caption of this case is Dentsply
`International Inc., and Tulsa Dental Products,
`doing business as Tulsa Dental Specialties,
`versus US Endodontics, LLC.
` This case is filed in the U.S.
`District Court for the Eastern District of
`Tennessee, Civil Action Number 2:14-cv-00196.
` The name of the witness is Robert
`Sinclair.
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`Page 6
` At this time, the attorneys present in
`the room will please identify themselves and
`the parties they represent. Then our court
`reporter, Ryan Black, also representing
`Veritext, will swear in the witness, and we
`can proceed.
` MR. GINSBERG: Jeff Ginsberg, of
`Kenyon & Kenyon, for defendant, US Endodontics.
` MR. JESIC: Slaven Jesic, Kenyon &
`Kenyon, on behalf of US Endodontics.
` MR. DAHLGREN: Derek Dahlgren,
`Rothwell, Figg, Ernst and Manbeck, representing
`plaintiffs.
` MS. GIFFORD: Nicole Gifford, also
`from Rothwell Figg, on behalf of plaintiffs.
`Whereupon --
` ROBERT SINCLAIR, Ph.D.,
`called to testify, having been first duly sworn
`or affirmed, was examined and testified as
`follows:
` CROSS EXAMINATION
`BY MR. GINSBERG:
` Q. Good morning, Dr. Sinclair.
` A. Good morning.
` Q. Could you state your full name and
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`residence for the record?
` A. Robert Sinclair, 1940 Waverly Street,
`Palo Alto, California.
` Q. Dr. Sinclair, have you ever been
`deposed before?
` A. Yes.
` Q. When was that?
` A. Last time was about five years ago.
` Q. And what type of case were you deposed
`in?
` A. It was also involving nitinol.
` Q. Was it a patent infringement case?
` A. Yes.
` Q. Who were the parties in that case?
` A. Medtronic -- Medtronics and AGA, I
`believe.
` Q. What type of products were involved?
` A. They were heart stents. Those types
`of material.
` Q. Heart stents made out of nitinol?
` A. Yes.
` Q. Were the stents heat treated in any
`way?
` A. Let me try and recall.
` Q. Sure.
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` MR. DAHLGREN: I just want to object,
`just to the extent that there's confidential
`information that was involved in that case that
`you can't disclose. I just want to caution you
`not to disclose that.
` THE WITNESS: Okay.
` So the products did undergo some
`furnace treatment as part of the -- part of the
`production.
`BY MR. GINSBERG:
` Q. As part of the production?
` A. Yes.
` Q. Did that furnace treatment impart any
`permanent deformation to the nitinol stents?
` A. Again, I'd have to recall the visit
`I made to see the production facilities. And I
`believe that the furnace treatment did not
`impart any changes in -- in shape.
` Q. Did you testify at trial in that case?
` A. I did, yes.
` Q. And on behalf of which party were you
`rep -- testifying on?
` A. Medtronics.
` Q. Do you recall the result of the trial?
` A. I believe that Medtronics prevailed.
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` Q. Do you recall if they were the
`plaintiff or the defendant in that case?
` A. I believe they were the plaintiff.
` Q. You mentioned that the last time that
`you testified at a deposition was five years
`ago. Have you testified at a deposition any
`other times?
` A. Before then, yes, on a few occasions.
` Q. Can you recall those occasions?
` A. They're getting back in distant
`memory. One or two I might recall.
` Q. Which ones do you recall?
` A. Certainly, I recall one for Kaiser
`Aluminum.
` Q. Any others?
` A. There was another Medtronics case
`around about the same time, right -- whereby I
`was deposed.
` Q. When you say right around the same
`time, do you recall, approximately, what year
`that is or was?
` A. So 2007, 2008.
` Q. Do you recall the products at issue in
`the Kaiser Aluminum case?
` A. They were aluminum alloys.
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` Q. Did you testify at trial in the Kaiser
`Aluminum case?
` A. I believe it did not go to trial.
` Q. How about in the other Medtronic case,
`was that also involving cardiac stents?
` A. They were -- involved different
`products, which were not heart stents, but for
`other parts of the body.
` Q. Vascular stents?
` A. Yeah. That sort of thing. Yeah.
` Q. Do you recall what material the stents
`in that earlier Medtronic case were comprised
`of?
` A. They were also nitinol.
` Q. Do you recall whether those nitinol
`stents were subject to any heat treatment
`subsequent to fabrication?
` MR. DAHLGREN: I just want to object,
`just to the extent that the question calls for
`any information that may be confidential to that
`case, that you shouldn't disclose. I just want
`to caution you that you shouldn't disclose
`confidential information.
` THE WITNESS: Actually, I do not
`know the full processing conditions for that
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`Page 11
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`particular case.
`BY MR. GINSBERG:
` Q. The Medtronic AGA case, do you
`re -- do you recall where that case was actually
`tried?
` A. It was tried in San Francisco.
` Q. And other than the two Medtronic
`cases and Kaiser Aluminum, you recall that you
`testified as an expert in prior cases. You just
`specifically don't know which ones; is that
`correct?
` A. Right. Certainly, I would have
`been asked my opinion about the case in
`question, and -- but I can't recall if there
`were specific depositions, but not a trial case.
` Q. Other than the present case that we're
`here today for and the two Medtronic cases, have
`you ever testified as an expert concerning
`products comprised of nickel-titanium?
` A. I can't completely recall. If
`they -- if there were, then they would have
`been relatively short involvements.
` Q. Okay. Just a couple of ground rules.
` You understand, as we've been doing,
`that I'll be asking you questions today, and
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`Page 12
`that you are here to provide answers to my
`questions, correct?
` A. Yes.
` Q. And you understand that the court
`reporter will be taking down my questions and
`your answers, so it's important that we don't
`talk over one another?
` Do you understand that?
` A. Yes.
` Q. I ask that if you don't understand
`my question, just let me know. Otherwise, I
`will assume that you understood my question in
`providing your answer.
` Is that fair?
` A. Thank you. Yes.
` Q. Is there anything preventing you from
`providing truthful and complete responses to my
`questions today?
` A. No.
` Q. What did you do to prepare for your
`deposition today?
` MR. DAHLGREN: Objection.
` I just want to state, to the extent
`that it calls for privileged communications,
`substance of communications with counsel, I'd
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`just instruct you not to divulge that
`information.
` THE WITNESS: So I read the documents
`which have been submitted by counsel, and I may
`have referred to some scientific articles which
`I thought were relevant.
`BY MR. GINSBERG:
` Q. When you say you read documents
`submitted by counsel, do you recall which
`documents you reviewed?
` A. My own testimony, and that of
`Dr. Goldberg.
` Q. When you say your own testimony, did
`you mean the declarations and expert report that
`you've submitted in this case?
` A. Yes.
` Q. And regarding your review of
`Dr. Goldberg's testimony, are you referring
`to his declarations and expert report?
` A. Yes.
` Q. Did you also review his deposition
`transcript?
` A. No.
` Q. When you indicated that you might
`have referred to certain documents that you had
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`Page 14
`referenced, do you recall what documents those
`were?
` A. Well, I certainly -- these are
`ones which are -- have already been disclosed
`that -- that -- as part of the -- of my report.
`Specifically, the Otsuka article. And I think I
`looked at the Pelton article, also.
` Q. Did you meet with any counsel for the
`plaintiffs in preparation for your deposition?
` A. Yes.
` Q. Who did you meet with?
` A. I met with counsel here.
` Q. Anyone else?
` A. There was another partner involved, I
`believe, briefly.
` Q. Do you recall his name?
` A. Steve.
` Q. Steve Lieberman?
` A. Sorry. Yes.
` I presume that's the gentleman
`involved.
` Q. And how long did you meet with counsel
`for the plaintiffs in preparation for your
`deposition?
` A. We met for several hours.
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` Q. And when was that?
` A. A couple of days ago.
` Q. Did you meet with counsel yesterday?
` A. No.
` Q. Was it Tuesday that you met with them?
` A. Yes, it would be.
` Q. Did you meet with counsel on Monday?
` A. No.
` Q. In the expert report that you
`submitted in -- in this case, you indicate that
`your experience has included investigations on
`the property of nickel-titanium alloys.
` Do you recall that?
` A. Yes.
` Q. Could you describe such
`investigations?
` A. And may I just clarify that? So
`investigations that I specifically have been
`involved with?
` Q. Yes.
` A. So I've been involved in trying to
`understand the phase transformations which occur
`in nitinol alloys.
` Q. Anything else?
` A. Well, that, in itself, has involved
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`Page 16
`quite a lot of -- of research. We've also
`carried out electron microscope observations of
`deformed nitinol alloys.
` Q. How many phase transformations occur
`with nitinol alloys?
` A. So the main phase transformation is
`the martensitic transformation from the -- from
`the cubic phase. And there is an additional
`competing transformation.
` Q. What is the additional competing
`transformation?
` A. The competing transformation forms the
`R-phase.
` Q. And what do you mean by competing
`transformation?
` A. So, in some circumstances, the
`R-phase transformation, which is martensitic,
`is -- appears before the transformation to the
`low-temperature phase.
` Q. And what is the low-temperature phase?
` A. So the low-temperature phase has a
`monoclinic or crystal structure and is known in
`the literature as the B19 prime phase.
` Q. Is it also known as something else?
`Does it go by any other name besides B19 prime?
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` A. Historically, that was the major
`transformation, which was discovered in 50/50
`nickel-titanium alloys. And so it was given the
`generic term as martensite at that time.
` Q. The R-phase, is that a rhombohedral
`structure?
` A. Yes.
` Q. And that's a separate phase from the
`martensite phase?
` A. Yes.
` Q. You previously referred to the cubic
`phase. Is that the austenite phase?
` A. The cubic phase is the austenite
`high-temperature phase, yes.
` Q. Any other investigations involving
`nickel-titanium that you've conducted during the
`course of your career?
` A. Well, we have done electron microscopy
`investigations. And we have done in situ
`studies, whereby the material was heated
`and cooled inside the electron microscope.
`We would also have performed metallographic
`examinations and x-ray diffraction.
` I think that would summarize the
`majority of the work.
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` Q. Thank you.
` Have you ever conducted any research
`on the use of nickel-titanium alloys for dental
`applications?
` A. Not directly.
` Q. What do you mean by not directly?
` A. I have not been pursuing the
`development of nitinol for dental applications
`myself.
` Q. Have you been assisting others
`in the development of nickel-titanium
`for -- nickel-titanium alloys for dental
`applications?
` A. I would say perhaps a little bit
`peripherally by discussing nitinol with -- with
`scientists interested in developing different
`applications, but it's not been a major part of
`my effort.
` Q. The same principles that apply to the
`characteristics of nitinol apply to a variety of
`different applications, correct?
` MR. DAHLGREN: Objection; form.
` THE WITNESS: I think I'll need that
`question repeated, if you may.
`BY MR. GINSBERG:
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` Q. If you were studying the use of
`nitinol for use in a cardiac stent and you
`learned something about the mechanical
`properties of nitinol, that information would
`be applicable for other applications, correct?
` MR. DAHLGREN: Objection; form.
` THE WITNESS: Well, only in the case
`that the property requirements were the same.
`BY MR. GINSBERG:
` Q. Well, let me ask you this: If you
`were working on an application for nitinol for
`use in a cardiac stent to improve the cyclic
`fatigue, would that knowledge potentially inform
`work with nitinol in other applications; for
`example, the use of nitinol with orthodontic
`wire?
` MR. DAHLGREN: Objection; form.
` THE WITNESS: I think that, from my
`perspective, that basic studies of particular
`properties of nitinol would provide a basis
`for the understanding of the behavior. But
`different applications might require different
`mechanical properties, or a combination of
`mechanical properties. And so one cannot
`directly, I believe, transfer from one to the
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`other.
`BY MR. GINSBERG:
` Q. Can they indirectly be transferred?
` MR. DAHLGREN: Objection; form.
` THE WITNESS: Well, they would provide
`a knowledge base. And, oftentimes, in material
`science, improving one property is at the
`detriment of another.
`BY MR. GINSBERG:
` Q. Well, let me ask you this: If
`you were studying the effect of heat treating
`orthodontic wire -- nickel-titanium orthodontic
`wire, and you learned that, if you heat treated
`it at certain conditions, it would impart
`permanent deformation, would that result cause
`you to at least have a basis to believe that if
`you heat treated nickel-titanium under those
`same conditions for a different material, or for
`a different application, you would also impart
`permanent deformation?
` MR. DAHLGREN: Objection; form.
`Vague.
` THE WITNESS: So can you at least
`clarify what do you mean by heat treatment,
`please?
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`BY MR. GINSBERG:
` Q. Have you ever heard the term heat
`treatment?
` A. I have, yes.
` Q. What does that mean to you?
` A. So it means, to me, using heat to
`impart different properties. In the context
`of nitinol, it could be as simple as cycling
`through the phase transformation.
` Q. If you applied heat to a superelastic
`NiTi alloy used in a cardiac stent, would you
`have reason to believe that if you applied heat
`under those conditions it may impart permanent
`deformation to a superelastic NiTi alloy used
`for another application, such as orthodontic
`wire?
` MR. DAHLGREN: Objection; form.
` THE WITNESS: I wouldn't directly
`transfer the treatment process from one
`superelastic wire, which has been chosen for a
`specific application, to another application, as
`the original wire may have different origins,
`different composition, different
`thermomechanical treatments.
`BY MR. GINSBERG:
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` Q. Do you believe it might be a good
`starting point if you were looking to heat treat
`an orthodontic wire and provide some permanent
`deformation to it?
` MR. DAHLGREN: Objection; form.
` THE WITNESS: I think that
`understanding the phase transformations
`involved is a good starting point for guiding
`heat treatments of nitinol alloys.
`BY MR. GINSBERG:
` Q. Did you ever conduct any research
`on the use of nitinol alloys for endodontic
`applications, either directly or indirectly?
` A. Not specifically to develop endodontic
`applications. The research which we've carried
`out is fairly basic.
` Q. It applies, generally, to the field of
`nickel-titanium alloys?
` MR. DAHLGREN: Objection; form.
` THE WITNESS: It would be to try and
`understand the atomic mechanisms associated with
`the phase transformations.
`BY MR. GINSBERG:
` Q. Is it your understanding that if you
`heat treat a superelastic nickel-titanium alloy
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`
`under certain conditions you can impart
`permanent deformation to such alloy?
` MR. DAHLGREN: Objection; form.
` THE WITNESS: I understand that
`if superelastic nickel-titanium of specific
`compositions are heat treated, then they can
`be made to demonstrate permanent deformation.
`BY MR. GINSBERG:
` Q. When did you first become aware of
`this?
` MR. DAHLGREN: Objection; form.
` THE WITNESS: I don't know exactly the
`answer to that.
`BY MR. GINSBERG:
` Q. Was it prior to 2000?
` A. No. For sure.
` Q. Was it prior to 2010?
` A. Perhaps.
` Q. You just don't recall when?
` A. I -- I don't.
` I would be following the literature,
`from time to time.
` Q. Do you recall when you first saw in
`the literature any reference to heat treating a
`superelastic nickel-titanium alloy to impart
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`
`permanent deformation?
` MR. DAHLGREN: Objection; form.
` THE WITNESS: Again, I cannot be
`specific about when that moment would be, but
`certainly the Otsuka article was something which
`I read carefully.
`BY MR. GINSBERG:
` Q. Sitting here today, are you aware
`of any publications that disclosed the heat
`treating of a superelastic nickel-titanium
`alloy to impart permanent deformation that
`were published prior to 2000?
` MR. DAHLGREN: Objection; form.
` THE WITNESS: I was not aware of any.
`BY MR. GINSBERG:
` Q. Are you now?
` A. I -- it's something which I haven't
`looked into. So I suppose the answer is, I'm
`not aware.
` Q. Would it surprise you to learn that
`there are publications that disclose the heat
`treating of a superelastic nickel-titanium alloy
`to impart permanent deformation that predate the
`year 2000?
` MR. DAHLGREN: Objection; form.
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`Page 25
` THE WITNESS: Yeah. I really cannot
`answer that, because I -- I have not looked at
`the progression of that particular aspect.
`BY MR. GINSBERG:
` Q. That's something that your research
`never focused on?
` MR. DAHLGREN: Objection; form.
` THE WITNESS: Right. My research
`was focused on the phase transformations and
`understanding the phase transformations.
`BY MR. GINSBERG:
` Q. I believe you testified earlier, and
`correct me if I'm wrong, that you would expect
`that if a superelastic nickel-titanium alloy
`was heat treated in accordance with certain
`conditions, you could impart permanent
`deformation; is that correct?
` MR. DAHLGREN: Objection; form.
`Mischaracterizes testimony.
` THE WITNESS: Can you show me the
`document that you're referring to?
`BY MR. GINSBERG:
` Q. I was referring to your prior
`testimony. So if I'm -- I don't want to
`mischaracterize it, so let me just -- I'll
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`
`rephrase the question.
` A. Thank you.
` Q. Of course.
` Is it your understanding that if you
`heat treat a superelastic nickel-titanium alloy
`under certain conditions you can impart
`permanent deformation to that material?
` MR. DAHLGREN: Objection; form. Asked
`and answered.
` THE WITNESS: The heat treatment
`itself does not impart deform -- permanent
`deformation.
`BY MR. GINSBERG:
` Q. It's also dependent upon the
`composition of the superelastic nickel-titanium
`alloy?
` MR. DAHLGREN: Objection; form.
` THE WITNESS: Sorry. It being?
`Sorry.
`BY MR. GINSBERG:
` Q. Whether or not permanent deformation
`can be imparted.
` MR. DAHLGREN: Objection; form.
` Is there a question?
`BY MR. GINSBERG:
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`
` Q. You can answer.
` A. I'm sorry. Can you rephrase the
`question, and I'll try and -- try my best to
`answer?
` Q. Yeah. I thought you answered. In
`fact, your counsel objected previously saying
`you've answered it already. But, in any event,
`I'll start again.
` A. Thank you.
` Q. Is it your understanding that if
`you heat treated a superelastic nickel-titanium
`alloy under certain conditions it is possible
`to impart permanent deformation to that alloy?
` MR. DAHLGREN: Objection; form. Asked
`and answered.
` THE WITNESS: So if the alloy was
`the appropriate composition and had undergone
`appropriate preparation, then it is my
`understanding that the correct heat treatment
`can bring about a state whereby permanent
`deformation can be imposed on that material.
`BY MR. GINSBERG:
` Q. And when did you first have that
`understanding?
` MR. DAHLGREN: Objection; form.
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` THE WITNESS: It's likely that that
`specific property I became aware of only
`recently.
`BY MR. GINSBERG:
` Q. Is that because you never looked into
`it before?
` MR. DAHLGREN: Objection to form.
` THE WITNESS: It is something that I
`had not looked into before.
`BY MR. GINSBERG:
` Q. I believe in your answer you mentioned
`that, in order to have an understanding, it
`would be partially based on having the
`nickel-titanium alloy have appropriate
`composition; is that correct?
` A. Yes.
` MR. DAHLGREN: Objection to form.
`BY MR. GINSBERG:
` Q. And by appropriate composition, what
`did you mean?
` A. The alloys which appear to be
`sensitive to what Otsuka calls an aging
`treatment are, typically, nickel rich, slightly
`nickel rich.
` Q. Meaning that they have a greater
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`Page 29
`percentage by atomic weight of nickel than
`titanium?
` A. Yes. By a small amount.
` Q. And when you say a small amount, how
`much?
` A. I don't want to be pinned down to a
`specific range, but it's on the order of one
`percent or less.
` Q. I believe you testified earlier about
`nitinol. When you refer to nitinol, what were
`you referring to?
` A. I'm referring to the 50/50 compound of
`nickel and titanium, in atomic terms.
` Q. Would a superelastic nitinol alloy
`that was heat treated be capable of being
`susceptible to permanent deformation?
` MR. DAHLGREN: Objection; form.
` THE WITNESS: So when you refer
`to nitinol, are you referring to the 50/50
`composition, or are you allowing for a range
`of compositions near 50/50?
`BY MR. GINSBERG:
` Q. Does nitinol have both definitions
`or just one?
` Does it depend on whether you're
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`Page 30
`using a capital N or lower case N or some other
`demarkation?
` MR. DAHLGREN: Objection; form.
` THE WITNESS: I think in the field,
`then, nitinol would refer to the material which
`is close to the 50/50 composition and would have
`the starting cubic crystal structure.
`BY MR. GINSBERG:
` Q. When you say close to 50, would it be
`slightly nickel rich?
` A. It could be exactly 50/50.
` Q. And could it be slightly nickel rich?
` MR. DAHLGREN: Objection; form.
` THE WITNESS: It could be slightly
`nickel rich.
`BY MR. GINSBERG:
` Q. Could it be slightly titanium rich?
` MR. DAHLGREN: Objection; form.
` THE WITNESS: I think a little of
`titanium rich is possible.
`BY MR. GINSBERG:
` Q. Using that definition of -- of
`nitinol, if you took a superelastic nitinol
`alloy and subjected it to heat treatment under
`certain conditions, would it be capable of
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`Page 31
`becoming susceptible to permanent deformation?
` MR. DAHLGREN: Objection; form.
`Vague.
` THE WITNESS: I think it would
`depend on the composition and the transition
`temperatures involved. Perhaps, the
`thermomechanical treatment.
`BY MR. GINSBERG:
` Q. What do you mean by thermomechanical
`treatment?
` A. How the material was prepared in
`its -- in its natural form; for instance,
`whether it's a wire.
` Q. And how could that have an impact?
` MR. DAHLGREN: Objection; form.
` THE WITNESS: So my understanding is
`that the alloys are prepared by melting.
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