`Filed: January 26, 2022
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________________
`
`THORNE RESEARCH, INC.,
`Petitioner,
`
`v.
`TRUSTEES OF DARTMOUTH COLLEGE,
`Patent Owner.
`_____________________________
`
`Case No. IPR2021-00268
`Patent No. 8,383,086
`_____________________________
`
`PETITIONER’S OBJECTIONS TO EVIDENCE
`
`
`
`I.
`
`INTRODUCTION
`
`Pursuant to 37 C.F.R. § 42.64(b)(1), Thorne Research, Inc. (“Petitioner”)
`
`submits the following objections to the Trustees of Dartmouth College’s (“Patent
`
`Owner”) Second Bieganowski Declaration and Third Brenner Declaration
`
`proposed as supplemental information, and any reference to or reliance on the
`
`foregoing supplemental information in the Patent Owner’s Motion to Submit
`
`Supplemental Information, or future filings by Patent Owner. At this time, the
`
`Second Bieganowski Declaration and Third Brenner Declaration have been served,
`
`submitted by email to the Board for “in camera” review, but not filed in the record.
`
`See EX3001; 3002.
`
`Petitioner’s objections are made pursuant to the Code of Federal Regulations
`
`(“C.F.R.”) governing this proceeding, including without limitation 37 C.F.R. §§
`
`42.61-42.65 and § 42.6(a)(3). As required by 37 C.F.R. § 42.62, Petitioner’s
`
`objections below apply the Federal Rules of Evidence (“FRE”).
`
`II. OBJECTIONS.
`
`1. Objections to Proposed Second Bieganowski Declaration and Third
`Brenner Declaration, and any Reference to/Reliance Thereon
`Grounds for Objection: FRE 401-403, 601-602, 701-702, 801-803
`
`The declarations are objected to under F.R.E. 601-602 and 701-702 because
`
`they provide insufficient evidence to show personal knowledge of the matter to
`
`which they testify, and they provide unqualified legal opinions that are not based
`-1-
`
`
`
`on sufficient facts or data. Furthermore, the declarations are objected to under
`
`F.R.E. 401-403 because they are not relevant to any contested claim in the
`
`instituted proceeding and rest on self-serving, uncorroborated assertions by
`
`interested parties, making their probative value substantially outweighed by their
`
`undue prejudice and risk of confusing the issues. Paragraphs 6-8 of the Second
`
`Bieganowski Declaration and 5-8 of the Third Brenner Declaration, and any
`
`corresponding content of the declarations relying thereon, are objected to under
`
`F.R.E. 801-803 as resting on statements constituting hearsay without satisfying any
`
`of the hearsay exceptions.
`
`III. CONCLUSION
`
`The aforementioned exhibit was served on January 19, 2022. These
`
`objections are made within 5 business days of service pursuant to 37 C.F.R. §
`
`42.64.
`
`Dated: January 26, 2022
`
`Respectfully submitted,
`
`
`/ Michael T. Rosato /
`Michael T. Rosato, Lead Counsel
`Reg. No. 52,182
`
`-2-
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies that the foregoing Petitioner’s Objections to
`
`Evidence was served on January 26, 2022, at the following electronic service
`
`addresses:
`
`John L. Abramic
`Jamie L. Lucia
`Benjamin R. Holt
`STEPTOE & JOHNSON LLP
`jabramic@steptoe.com
`086DartIPR@steptoe.com
`
`Dated: January 26, 2022
`
`Respectfully submitted,
`
`
`/ Michael T. Rosato /
`Michael T. Rosato, Lead Counsel
`Reg. No. 52,182
`
`-3-
`
`
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