UNITED STATES PATENT AND TRADEMARK OFFICE
`________________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________
`ENSIGN US SOUTHERN DRILLING LLC,
`Petitioner,
`
`v.
`
`C&M OILFIELD RENTALS, LLC
`D/B/A C-MOR ENERGY SERVICES
`Patent Owner.
`
`Case No. IPR2023-00804
`
`Patent 10,976,016
`_____________________________________________________________
`
`PATENT OWNER’S OBJECTIONS TO PETITIONER’S EVIDENCE
`
`
`________________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________
`ENSIGN US SOUTHERN DRILLING LLC,
`Petitioner,
`
`v.
`
`C&M OILFIELD RENTALS, LLC
`D/B/A C-MOR ENERGY SERVICES
`Patent Owner.
`
`Case No. IPR2023-00804
`
`Patent 10,976,016
`_____________________________________________________________
`
`PATENT OWNER’S OBJECTIONS TO PETITIONER’S EVIDENCE
`
`
`
`Case No. IPR2023-00804
`Patent 10,976,016
`
`Pursuant to 37 C.F.R. § 42.64(b)(1) and the Federal Rules of Evidence
`
`(“FRE”), Patent Owner C&M Oilfield Rentals, LLC d/b/a C-MOR Energy Services
`
`(“C&M”) submits the following objections to certain exhibits submitted with the
`
`Petition. Patent Owner’s objections apply equally to Petitioner’s reliance on these
`
`exhibits in any subsequently filed documents.
`
`Ex. 1004 – “Swivelpole”
`
`To the extent Petitioner relies on the contents of Ex. 1004 for the truth of the
`
`matter asserted, including any attempt to rely on any date that may appear in Ex.
`
`1004 to establish public accessibility as a printed publication, Patent Owner objects
`
`to Ex. 1004 as hearsay under FRE 801, inadmissible under FRE 802, and not subject
`
`to any exception, including any under FRE 803, 804, 805, and 807.
`
`Patent Owner further objects to Ex. 1004 under FRE 901 because it has not
`
`authenticated.
`
`Because of at least these deficiencies, Petitioner has failed to establish that
`
`Ex. 1004 is a prior art printed publication. As such, Patent Owner also objects to
`
`Ex. 1004 as not relevant under FRE 401 and inadmissible under FRE 402. For the
`
`same reasons, Patent Owner objects to Ex. 1004 under FRE 403 because its
`
`probative value is substantially outweighed by a danger of one or more of unfair
`
`prejudice, confusing the issues, undue delay, and wasting time.
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`Case No. IPR2023-00804
`Patent 10,976,016
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`Ex. 1006 – “YouTube video”
`
`To the extent Petitioner relies on the contents of Ex. 1006 for the truth of the
`
`matter asserted, including any attempt to rely on any date that may appear in Ex.
`
`1006 to establish public accessibility as a printed publication, Patent Owner objects
`
`to Ex. 1006 as hearsay under FRE 801, inadmissible under FRE 802, and not subject
`
`to any exception, including any under FRE 803, 804, 805, and 807.
`
`Patent Owner further objects to Ex. 1006 under FRE 901 because it has not
`
`been authenticated.
`
`Because of at least these deficiencies, Petitioner has failed to establish that
`
`Ex. 1006 is a prior art printed publication. As such, Patent Owner also objects to
`
`Ex. 1006 as not relevant under FRE 401 and inadmissible under FRE 402. For the
`
`same reasons, Patent Owner objects to Ex. 1006 under FRE 403 because its
`
`probative value is substantially outweighed by a danger of one or more of unfair
`
`prejudice, confusing the issues, undue delay, and wasting time.
`
`Ex. 1006-A – “Screenshot”
`
`To the extent Petitioner relies on the contents of Ex. 1006-A for the truth of
`
`the matter asserted, including any attempt to rely on any date that may appear in Ex.
`
`1006-A to establish public accessibility as a printed publication, Patent Owner
`
`objects to Ex. 1006-A as hearsay under FRE 801, inadmissible under FRE 802, and
`
`not subject to any exception, including any under FRE 803, 804, 805, and 807.
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`Case No. IPR2023-00804
`Patent 10,976,016
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`Patent Owner further objects to Ex. 1006-A under FRE 901 because it has not
`
`been authenticated.
`
`Because of at least these deficiencies, Petitioner has failed to establish that
`
`Ex. 1006-A is a prior art printed publication. As such, Patent Owner also objects to
`
`Ex. 1006-A as not relevant under FRE 401 and inadmissible under FRE 402. For
`
`the same reasons, Patent Owner objects to Ex. 1004 under FRE 403 because its
`
`probative value is substantially outweighed by a danger of one or more of unfair
`
`prejudice, confusing the issues, undue delay, and wasting time.
`
`Ex. 1007 – CV of Jake Hamdan
`
`To the extent Petitioner relies on the contents of Ex. 1007 for the truth of the
`
`matter asserted, Patent Owner objects to Ex. 1007 as hearsay under FRE 801,
`
`inadmissible under FRE 802, and not subject to any exception, including any under
`
`FRE 803, 804, 805, and 807.
`
`Patent Owner further objects to Ex. 1007 under FRE 401, FRE 402, and FRE
`
`403 as containing information that is irrelevant and for which any probative value is
`
`substantially outweighed by a danger of unfair prejudice, confusing the issues, undue
`
`delay, or wasting time.
`
`Ex. 1008 – Declaration of Jake Hamdan
`
`Patent Owner objects to Ex. 1008 under FRE 702 because Mr. Hamdan does
`
`not have scientific, technical, or other specialized knowledge that will help the trier
`
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`Case No. IPR2023-00804
`Patent 10,976,016
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`of fact to understand the evidence or to determine a fact in issue.
`
`Patent Owner further objects to Ex. 1008 under FRE 702 because Mr.
`
`Hamdan’s opinions are conclusory, not based on sufficient facts or data, do not
`
`sufficiently disclose underlying facts or data in support, and are unreliable.
`
`Patent Owner objects to Ex. 1008 under FRE 701 as containing improper
`
`opinion of a lay witness. Mr. Hamdan’s opinions are not rationally based on his
`
`perception and not helpful to clearly understanding his testimony or determining a
`
`fact in issue.
`
`Patent Owner objects to Ex. 1008 under FRE 602 because evidence is not
`
`introduced sufficient to support a finding that the witness has personal knowledge
`
`of the matters addressed.
`
`Patent Owner objects to Ex. 1008 under FRE 401, FRE 402, and FRE 403
`
`because Mr. Hamdan’s opinions are irrelevant and any probative value is
`
`substantially outweighed by a danger of unfair prejudice, confusing the issues, undue
`
`delay, or wasting time.
`
`Patent Owner further objects to any portion of Mr. Hamdan’s Declaration that
`
`relies on Exhibits otherwise addressed herein for the reasons discussed herein.
`
`Ex. 1012 (including Ex. 1012-1 – 1012-7) – “Collection of Rig Photos”
`
`To the extent Petitioner relies on the contents of Ex. 1012 (including Ex. 1012-
`
`1 – 1012-7) for the truth of the matter asserted, Patent Owner objects to Ex. 1012
`
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`Case No. IPR2023-00804
`Patent 10,976,016
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`(including Ex. 1012-1 – 1012-7) as hearsay under FRE 801, inadmissible under FRE
`
`802, and not subject to any exception, including any under FRE 803, 804, 805, and
`
`807.
`
`Patent Owner further objects to Ex. 1012 (including Ex. 1012-1 – 1012-7)
`
`under FRE 901 because they are not authenticated.
`
`Because of at least these deficiencies, Petitioner has failed to establish that
`
`Ex. 1012 (including Ex. 1012-1 – 1012-7) is a prior art printed publication. As such,
`
`Patent Owner also objects to Ex. 1012 (including Ex. 1012-1 – 1012-7) as not
`
`relevant under FRE 401 and inadmissible under FRE 402. For the same reasons,
`
`Patent Owner objects to Ex. 1012 (including Ex. 1012-1 – 1012-7) under FRE 403
`
`because its probative value is substantially outweighed by a danger of one or more
`
`of unfair prejudice, confusing the issues, undue delay, and wasting time.
`
`Ex. 1012-A (including Ex. 1012-A-1 – A-3) – “Collection of Rig Photos”
`
`To the extent Petitioner relies on the contents of Ex. 1012-A (including Ex.
`
`1012-A-1 – A-3) for the truth of the matter asserted, Patent Owner objects to Ex.
`
`1012-A (including Ex. 1012-A-1 – A-3) as hearsay under FRE 801, inadmissible
`
`under FRE 802, and not subject to any exception, including any under FRE 803, 804,
`
`805, and 807.
`
`Patent Owner further objects to Ex. 1012-A (including Ex. 1012-A-1 – A-3)
`
`under FRE 901 because they are not authenticated.
`
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`Case No. IPR2023-00804
`Patent 10,976,016
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`Because of at least these deficiencies, Petitioner has failed to establish that
`
`Ex. 1012-A (including Ex. 1012-A-1 – A-3) is a prior art printed publication. As
`
`such, Patent Owner also objects to Ex. 1012-A (including Ex. 1012-A-1 – A-3) as
`
`not relevant under FRE 401 and inadmissible under FRE 402. For the same reasons,
`
`Patent Owner objects to Ex. 1012-A (including Ex. 1012-A-1 – A-3) under FRE 403
`
`because its probative value is substantially outweighed by a danger of one or more
`
`of unfair prejudice, confusing the issues, undue delay, and wasting time.
`
`Ex. 1013 (including Ex. 1013-1 – 1013-3) – Photos
`
`To the extent Petitioner relies on the contents of Ex. 1013 (including Ex. 1013-
`
`1 – 1013-3) for the truth of the matter asserted, Patent Owner objects to Ex. 1013
`
`(including Ex. 1013-1 – 1013-3) as hearsay under FRE 801, inadmissible under FRE
`
`802, and not subject to any exception, including any under FRE 803, 804, 805, and
`
`807.
`
`Patent Owner further objects to Ex. 1013 (including Ex. 1013-1 – 1013-3)
`
`under FRE 901 because they are not authenticated.
`
`Because of at least these deficiencies, Petitioner has failed to establish that
`
`Ex. 1013 (including Ex. 1013-1 – 1013-3) is a prior art printed publication. As such,
`
`Patent Owner also objects to Ex. 1013 (including Ex. 1013-1 – 1013-3) as not
`
`relevant under FRE 401 and inadmissible under FRE 402. For the same reasons,
`
`Patent Owner objects to Ex. 1013 (including Ex. 1013-1 – 1013-3) under FRE 403
`
`6
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`Case No. IPR2023-00804
`Patent 10,976,016
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`because its probative value is substantially outweighed by a danger of one or more
`
`of unfair prejudice, confusing the issues, undue delay, and wasting time.
`
`Ex. 1014 – “Screen capture”
`
`To the extent Petitioner relies on the contents of Ex. 1014 for the truth of the
`
`matter asserted, including any attempt to rely on any date that may appear in Ex.
`
`1014 to establish public accessibility as a printed publication, Patent Owner objects
`
`to Ex. 1014 as hearsay under FRE 801, inadmissible under FRE 802, and not subject
`
`to any exception, including any under FRE 803, 804, 805, and 807.
`
`Patent Owner further objects to Ex. 1014 under FRE 901 because it has not
`
`been authenticated.
`
`Because of at least these deficiencies, Petitioner has failed to establish that
`
`Ex. 1014 is a prior art printed publication. As such, Patent Owner also objects to
`
`Ex. 1014 as not relevant under FRE 401 and inadmissible under FRE 402. For the
`
`same reasons, Patent Owner objects to Ex. 1014 under FRE 403 because its
`
`probative value is substantially outweighed by a danger of one or more of unfair
`
`prejudice, confusing the issues, undue delay, and wasting time.
`
`Ex. 1015 (including Ex. 1015-1 – 1015-4) – “Collection of YouTube Videos”
`
`To the extent Petitioner relies on the contents of Ex. 1015 (including Ex. 1015-
`
`1 – 1015-4) for the truth of the matter asserted, including any attempt to rely on any
`
`date that may appear in Ex. 1015 (including Ex. 1015-1 – 1015-4) to establish public
`
`7
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`Case No. IPR2023-00804
`Patent 10,976,016
`
`accessibility as a printed publication, Patent Owner objects to Ex. 1015 (including
`
`Ex. 1015-1 – 1015-4) as hearsay under FRE 801, inadmissible under FRE 802, and
`
`not subject to any exception, including any under FRE 803, 804, 805, and 807.
`
`Patent Owner further objects to Ex. 1015 (including Ex. 1015-1 – 1015-4)
`
`under FRE 901 because it has not been authenticated.
`
`Because of at least these deficiencies, Petitioner has failed to establish that
`
`Ex. 1015 (including Ex. 1015-1 – 1015-4) is a prior art printed publication. As such,
`
`Patent Owner also objects to Ex. 1015 (including Ex. 1015-1 – 1015-4) as not
`
`relevant under FRE 401 and inadmissible under FRE 402. For the same reasons,
`
`Patent Owner objects to Ex. 1015 (including Ex. 1015-1 – 1015-4) under FRE 403
`
`because its probative value is substantially outweighed by a danger of one or more
`
`of unfair prejudice, confusing the issues, undue delay, and wasting time.
`
`Dated: November 9, 2023
`
`Respectfully Submitted,
`
` / Dion M. Bregman /
`Dion M. Bregman, Reg. No. 45,645
`
`8
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`
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`Case No. IPR2023-00804
`Patent 10,976,016
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6(e)(4), lead counsel for Patent Owner hereby
`
`certifies that on November 9, 2023, a copy of this Patent Owner’s Objections was
`
`served to the email correspondence address of record for Petitioner’s counsel of
`
`record:
`
`Gregory L. Porter
`gregporter@HuntonAK.com
`Daniel Shanley
`danshanley@HuntonAK.com
`
`Dated: November 9, 2023
`
`Respectfully Submitted,
`
` / Dion M. Bregman /
`Dion M. Bregman, Reg. No. 45,645
`
`9
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`
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