UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_________________
`
`SELECT SIRES INC., SEMEX ALLIANCE, INC., URUS GROUP LP, AND
`INGURAN, LLC D/B/A STGENETICS,
`
`Petitioners,
`
`v.
`
`ABS GLOBAL, INC.,
`
`Patent Owner.
`
`_________________
`
`PGR2022-00019, Patent 10,975,351
`PGR2022-00020, Patent 10,982,187
`_________________
`
`
`
`DECLARATION OF FELICE ERNST UNDER 37 C.F.R. § 1.68
`
`
`
`1
`
`Petitioners’ Exhibit 1050
`Select Sires, et al. v. ABS Global
`PGR2022-00019 and PGR2022-00020
`
`
`
`
`
`
`
`_________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_________________
`
`SELECT SIRES INC., SEMEX ALLIANCE, INC., URUS GROUP LP, AND
`INGURAN, LLC D/B/A STGENETICS,
`
`Petitioners,
`
`v.
`
`ABS GLOBAL, INC.,
`
`Patent Owner.
`
`_________________
`
`PGR2022-00019, Patent 10,975,351
`PGR2022-00020, Patent 10,982,187
`_________________
`
`
`
`DECLARATION OF FELICE ERNST UNDER 37 C.F.R. § 1.68
`
`
`
`1
`
`Petitioners’ Exhibit 1050
`Select Sires, et al. v. ABS Global
`PGR2022-00019 and PGR2022-00020
`
`
`
`
`
`
`
`
`
`I, Felice Ernst, do hereby declare:
`I am making this declaration at the request of Select Sires Inc., Semex
`1.
`
`Alliance, Inc., URUS Group LP, and Inguran, LLC d/b/a STGenetics,
`
`(“Petitioners” in the matter of the Post Grant Reviews (“PGR”) of U.S. Patent Nos.
`
`10,975,351 (“the ’351 patent”), and 10,982,187 (“the ’187 patent”). Unless
`
`otherwise stated, the facts stated in this declaration are based on my personal
`
`knowledge.
`
`2.
`
`I am a paralegal at Meunier, Carlin and Curfman (“MCC”). I have
`
`personal knowledge of the matters set forth below. This declaration addresses the
`
`authenticity and admissibility of exhibits submitted in support of Petitioners’
`
`prosecution of Post Grant Review in the above referenced matters. Each exhibit is
`
`submitted in the proceedings identified in the caption.
`
`3.
`
`Exhibit 1023, Exhibit 1044, and Exhibit 1046 are all official bull
`
`evaluations; Exhibit 1027, Exhibit 1029, and Exhibit 1048 are all cow evaluations;
`
`and Exhibit 1024, Exhibit 1045, and Exhibit 1047 are all historical bull
`
`evaluations. These evaluations all true and correct copies of official evaluations for
`
`cattle obtained from the CDCB Cooperator Database, as described below.
`
`4.
`
`Current evaluations for animals in the CDCB Cooperator Database
`
`can be accessed from the Evaluation Results page of the CDCB website
`
`(https://www.uscdcb.com/what-we-can-do-for-you/evaluation-results/).
`
`
`
`2
`
`Petitioners’ Exhibit 1050
`Select Sires, et al. v. ABS Global
`PGR2022-00019 and PGR2022-00020
`
`
`
`
`
`5.
`
`From the Evaluation Results page, one clicks on the “ANIMAL
`
`QUERIES” link and enters login information to their account. Any member of the
`
`public can obtain an account free of charge by registering with the CDCB. After
`
`logging in and accepting the terms of service, one is taken to an Animal Queries
`
`page. Official Evaluations for bulls were accessed by clicking the radial button
`
`next to the description that reads “Get official bull evaluation (domestic or
`
`Interbull) by ID.” One then enters the animal ID number for the bulls of interest
`
`(e.g., HO840003150607238) and clicks “submit.” The current Official Evaluation
`
`for the bull can then be viewed and printed.
`
`6.
`
`Official Evaluations for cows were accessed by clicking the radial
`
`button next to the description that reads “Get cow evaluation.” One then enters the
`
`animal ID number for the cow of interest (e.g., JE840003146074527) and clicks
`
`“submit.” The current Official Evaluation for the cows can then be viewed and
`
`printed.
`
`7.
`
`Historical Official Bull Evaluations were accessed by clicking the
`
`radial button next to the description that reads “Get historical official bull
`
`evaluation by ID.” One then enters the animal ID number for the bull of interest
`
`(e.g., HO840003135669665) and clicks “submit.” The current Historical Official
`
`Bull Evaluations for the bull can then be viewed and printed.
`
`
`
`3
`
`Petitioners’ Exhibit 1050
`Select Sires, et al. v. ABS Global
`PGR2022-00019 and PGR2022-00020
`
`
`
`
`
`8.
`
`The document submitted herewith as Exhibit 1026 is a true and
`
`correct copy of “December 2017 Dairy Genetic Directory” for ABS Global, Inc.,
`
`available at https://issuu.com/absglobalinc/docs/1217_directory_layout_final_2/84.
`
`9.
`
`The document submitted herewith as Exhibit 1032 is a true and
`
`correct copy of Petitioner Genus PLC Investor Presentation titled “Preliminary
`
`Results, Year ended 30 June 2021,” available at
`
`https://www.genusplc.com/media/1840/fy21_full-year_genus-results-presentation-
`
`final-003.pdf
`
`10. The video submitted herewith as Exhibit 1033 is a true and correct
`
`excerpt of the Webcast available at
`
`https://webcasting.buchanan.uk.com/broadcast/611b87c8c97de6636c2d95db/6142
`
`46812895456576b59e91, recorded using Nimbus Screenshot and Screen Video
`
`Recorder from original times 10:45 to 13:23 of the approximately 40 minute video.
`
`11. The document submitted herewith as Exhibit 1034 is a true and
`
`correct copy of Petitioner Genus PLC’s Annual Report 2021, available at
`
`https://www.genusplc.com/media/1875/genus-plc-annual-report-2021.pdf.
`
`12.
`
`I declare that all statements made herein on my own knowledge are
`
`true and that all statements made upon information and believe are believed to be
`
`true, and further, that these statements were made with the knowledge that willful
`
`
`
`4
`
`Petitioners’ Exhibit 1050
`Select Sires, et al. v. ABS Global
`PGR2022-00019 and PGR2022-00020
`
`
`
`
`
`false statements are punishable by fine or imprisonment, or both, under Section
`
`1001 of Title 18 of the United States Code.
`
`Dated: January 13, 2022
`
`
`
`
`
`/Felice Ernst/
`Felice Ernst
`Meunier Carlin & Curfman LLC
`999 Peachtree St, NE
`Suite 1300
`Atlanta, GA 30309
`
`
`
`5
`
`Petitioners’ Exhibit 1050
`Select Sires, et al. v. ABS Global
`PGR2022-00019 and PGR2022-00020
`
`
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