UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`US ENDODONTICS, LLC,
`Petitioner,
`
`v.
`
`GOLD STANDARD INSTRUMENTS, LLC
`Patent Owner.
`
`Case PGR2015-00019
`Patent 8,876,991 B2
`
`PETITIONER’S SECOND SET OF OBJECTIONS
`TO PATENT OWNER’S EXHIBITS
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`US ENDODONTICS, LLC,
`Petitioner,
`
`v.
`
`GOLD STANDARD INSTRUMENTS, LLC
`Patent Owner.
`
`Case PGR2015-00019
`Patent 8,876,991 B2
`
`PETITIONER’S SECOND SET OF OBJECTIONS
`TO PATENT OWNER’S EXHIBITS
`
`
`
`
`
`Pursuant to 37 C.F.R. § 42.64(b)(1), Petitioner US Endodontics, LLC (“US
`
`Endo”) submits the following objections to Exhibits 2027, 2030, 2031, 2034, 2035,
`
`2036 and 2038 submitted by Patent Owner Gold Standard Instruments, LLC
`
`(“GSI”), and any reference to or reliance on the foregoing. Pursuant to 37 C.F.R. §
`
`42.62, US Endo’s objections apply the Federal Rules of Evidence.
`
`I.
`
`OBJECTIONS TO EXHIBIT 2027
`
`Exhibit 2027 is described by GSI as “ISO/CD 3630-1, ‘Dentistry - Root-
`
`canal instruments - Part 1: General requirements,’ International Organization for
`
`Standardization, First Edition (June 30, 2004).” (Paper No. 28, p. 5.)
`
`US Endo objects to Exhibit 2027 as irrelevant, under Fed. R. Evid. 401, to
`
`the grounds upon which this proceeding has been instituted, and therefore,
`
`inadmissible under Fed. R. Evid. 402-403.
`
`US Endo further objects to Exhibit 2027 under Fed. R. Evid. 901 for lack of
`
`authentication.
`
`II. OBJECTIONS TO EXHIBIT 2030
`
`Exhibit 2030 is described by GSI as “U.S. Patent No. 7,967,605 (Filed June
`
`28, 2011).” (Paper No. 28, p.5.)
`
`US Endo objects to Exhibit 2030 as irrelevant, under Fed. R. Evid. 401, to
`
`the grounds upon which this proceeding has been instituted, and therefore,
`
`inadmissible under Fed. R. Evid. 402-403.
`
`1
`
`
`
`
`
`
`
`US Endo further objects to Exhibit 2030 under Fed. R. Evid. 802 as
`
`constituting inadmissible hearsay for which GSI has not established any exception.
`
`III. OBJECTIONS TO EXHIBIT 2031
`
`Exhibit 2031 is described by GSI as “U.S. Provisional Patent Application
`
`Serial No. 61/263,192, filed on Nov. 11, 2009.” (Paper No. 28, p.5.)
`
`US Endo objects to Exhibit 2031 as irrelevant, under Fed. R. Evid. 401, to
`
`the grounds upon which this proceeding has been instituted, and therefore,
`
`inadmissible under Fed. R. Evid. 402-403.
`
`US Endo further objects to Exhibit 2031 under Fed. R. Evid. 802 as
`
`constituting inadmissible hearsay for which GSI has not established any exception.
`
`US Endo further objects to Exhibit 2031 under Fed. R. Evid. 901 for lack of
`
`authentication.
`
`IV. OBJECTIONS TO CITED PORTIONS OF EXHIBIT 2034
`
`Exhibit 2034 is described by GSI as “File History for U.S. Patent
`
`Application Serial No. 14/522,013.” (Paper No. 28, p. 5.) Patent Owner cited
`
`portions of Exhibit 2034 in its Response to Petition for Post-Grant Review.
`
`US Endo objects to the cited portions of Exhibit 2034 under Fed. R. Evid.
`
`802 and 805 as constituting inadmissible hearsay for which GSI has not established
`
`any exception.
`
`2
`
`
`
`US Endo further objects to the cited portions of Exhibit 2034 under Fed. R.
`
`
`
`Evid. 901 for lack of authentication.
`
`V. OBJECTIONS TO EXHIBIT 2035
`
`Exhibit 2035 is described by Patent Owner as “Kowalski Heat Treating
`
`Company Certification, date Jan. 15, 2016.” (Paper No. 28, p. 5.)
`
`US Endo objects to Exhibit 2035 under Fed. R. Evid. 802 and 805 as
`
`constituting inadmissible hearsay for which GSI has not established any exception.
`
`US Endo further objects to Exhibit 2035 under Fed. R. Evid. 901 for lack of
`
`authentication.
`
`VI. OBJECTIONS TO EXHIBIT 2036
`
`Exhibit 2036 is described by Patent Owner as “KMT ProFile Rotary File
`
`ISO 3630-1 Section 7.5 Stiffness Testing Final Report, dated Jan [sic] 18, 2016.”
`
`(Paper No. 28, p. 5.)
`
`US Endo objects to Exhibit 2036 under Fed. R. Evid. 802 as constituting
`
`inadmissible hearsay for which GSI has not established any exception.
`
`US Endo further objects to Exhibit 2036 under Fed. R. Evid. 901 for lack of
`
`authentication.
`
`VII. OBJECTIONS TO EXHIBIT 2038
`
`Exhibit 2038 is described by Patent Owner as “Email communications
`
`3
`
`
`
`
`
`between Dr. Neill H. Luebke and Bobby Bennett, dated June 27, 2010 and July 6,
`
`2010.” (Paper No. 28, p. 5.)
`
`US Endo objects to Exhibit 2038 under Fed. R. Evid. 802 as constituting
`
`inadmissible hearsay for which GSI has not established any exception.
`
`
`Dated: May 13, 2016
`
`/Jeffrey S. Ginsberg/
`Jeffrey S. Ginsberg (Reg. No. 36,148)
`Lead counsel for Petitioner US Endodontics, LLC
`
`Abhishek Bapna (Reg. No. 64,049)
`Backup counsel for Petitioner US Endodontics, LLC
`
`Patterson Belknap Webb & Tyler LLP
`1133 Avenue of the Americas
`New York, NY 10036-6710
`Phone: (212) 336-2000
`
`4
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6(e), the undersigned certifies that on May 13,
`
`2016, the foregoing Petitioner’s Second Set of Objections to Patent Owner’s
`
`Exhibits was filed via PRPS and served via e-mail on the following counsel of
`
`record for the Patent Owner:
`
`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
`
`/Abhishek Bapna/
`Abhishek Bapna (Reg. No. 64,049)
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