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`IPR2021-00268
`
`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 IPR2021-00268
`
`Patent 8,383,086
`_______________
`
`PATENT OWNER’S OBJECTIONS TO
`PETITIONER’S EVIDENCE
`
`
`
`

`

`IPR2021-00268
`Patent Owner’s Objections to Petitioner’s Evidence
`
`Pursuant to 37 C.F.R. § 42.64(b)(1), Patent Owner Trustees of Dartmouth
`
`College (“Patent Owner”) hereby submits the following objections to the
`
`admissibility of Thorne Research, Inc.’s (“Petitioner”) Second Declaration of Dr.
`
`Jaffrey (Ex. 1038), proposed as supplemental information and served on February
`
`22, 2022. Patent Owner’s objections are based on the Federal Rules of Evidence
`
`and other applicable rules, as set forth with particularity below.
`
`Petitioner’s Evidence
`Ex. 1038, Second Declaration of Dr. Jaffrey,
`M.D., Ph.D.
`
`
`1
`
`Objections
`FRE 401-402 (not relevant)
`
`FRE 403 (excluding relevant
`evidence for prejudice,
`confusion, waste of time, or
`other reasons)
`
`FRE 602 (lack of foundation)
`
`FRE 701 (opinion not based on
`the witness’s perception, not
`helpful to clearly understanding
`the witness’s testimony or
`determining a fact in issue, and
`not based on scientific,
`technical, or other specialized
`knowledge)
`
`FRE 702-703 (unqualified,
`unsupported, and unreliable
`expert testimony)
`
`37 C.F.R. § 42.65 (expert
`testimony that does not disclose
`the underlying facts or data on
`which the opinion is based)
`
`

`

`IPR2021-00268
`Patent Owner’s Objections to Petitioner’s Evidence
`
`Petitioner’s Evidence
`
`
`
`
`
`Date: February 28, 2022
`
`
`
`
`
`
`Objections
`
`
`FRE 801-802 (hearsay)
`
`
`
`
`Respectfully submitted,
`/ John L. Abramic, Reg. No. 51,031/
`John L. Abramic, Reg. No. 51,031
`STEPTOE & JOHNSON LLP
`227 West Monroe, Suite 4700
`Chicago, Illinois 60606
`Tel: (312) 577-1264
`Fax: (312) 577-1370
`
`Jamie L. Lucia
`Admitted pro hac vice
`STEPTOE & JOHNSON LLP
`One Market Plaza
`Spear Tower, Suite 3900
`San Francisco, CA 94105
`Telephone: (415) 365-6711
`Facsimile: (415) 365-6681
`
`Benjamin R. Holt, Reg. No. 78,605
`STEPTOE & JOHNSON LLP
`1330 Connecticut Avenue, NW
`Washington, DC 20036-1795
`Tel: (202) 429-6475
`Fax: (202) 429-3902
`
`Counsel for Trustees of Dartmouth College
`
`2
`
`

`

`
`
`
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6(e), the undersigned hereby certifies that a copy
`
`of the foregoing PATENT OWNER’S OBJECTIONS TO PETITIONER’S
`
`EVIDENCE was served on February 28, 2022 by filing this document through the
`
`Patent Trial and Appeal Board End to End as well as by delivering a copy via the
`
`delivery method indicated to the attorneys of record for the Petitioner as follows:
`
`Via Email:
`Michael T. Rosato (Reg. No. 52,182)
`mrosato@wsgr.com
`Lora M. Green (Reg. No. 43,541)
`lgreen@wsgr.com
`Tasha M. Thomas (Reg. No. 73,207)
`tthomas@wsgr.com
`
`
`
`Date: February 28, 2022
`
`
`
`
`By: / John L. Abramic, Reg. No. 51,031/
`
`John L. Abramic, Reg. No. 51,031
`STEPTOE & JOHNSON LLP
`227 West Monroe, Suite 4700
`Chicago, Illinois 60606
`Tel: (312) 577-1264
`Fax: (312) 577-1370
`
`Counsel for Trustees of Dartmouth College
`
`
`
`
`
`
`
`
`
`
`
`

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