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` Date filed: February 3, 2016
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`By:
`Joseph A. Hynds, Lead Counsel
`R. Elizabeth Brenner-Leifer, Back-up Counsel
`Steven Lieberman, Back-up Counsel
`Derek F. Dahlgren, Back-up Counsel
`Jason M. Nolan, Back-up Counsel
`C. Nichole Gifford, Back-up Counsel
`ROTHWELL, FIGG, ERNST & MANBECK, P.C.
`607 14th Street, N.W., Suite 800
`Washington, DC 20005
`Phone: 202-783-6040
`Facsimile: 202-783-6031
`Emails: jhynds@rothwellfigg.com
`
` ebrenner@rothwellfigg.com
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` slieberman@rothwellfigg.com
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` ddahlgren@rothwellfigg.com
` jnolan@rothwellfigg.com
` ngifford@rothwellfigg.com
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`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 IPR2015-00632
`Patent 8,727,773 B2
`_______________
`
`PATENT OWNER’S SECOND SET OF OBJECTIONS TO EVIDENCE
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`Pursuant to 37 C.F.R. § 42.64(b)(1), Patent Owner Gold Standard
`
`Case IPR2015-00632
`Patent 8,727,773 B2
`
`
`Instruments, LLC, objects to the following evidence submitted by Petitioner with
`
`its Reply In Support of Petition for Inter Partes Review (Paper No. 57).
`
`Evidence Submitted by Petitioner
`Ex. 1032 (Order Denying Motion for
`Preliminary Injunction)
`
`Ex. 1033 (Acknowledgment of
`Deponent and Errara Sheet from Nov.
`12, 2014 Deposition of Neill H.
`Luebke)
`Ex. 1035 (U.S. Patent No. 6,431,863 to
`Sachdeva et al.)
`
`Ex. 1037 (U.S. Patent No. 6,149,501 to
`Farzin-Nia et al.)
`
`Patent Owner’s Objections
`This exhibit is objected to as irrelevant to
`the grounds upon which trial has been
`instituted, untimely, and unfairly
`prejudicial (FRE 401-403).
`This exhibit is objected to as improper
`hearsay for which US Endo has not
`established any exception (FRE 801).
`This exhibit is objected to as irrelevant to
`the grounds upon which trial has been
`instituted, untimely, and unfairly
`prejudicial (FRE 401-403).
`This exhibit is objected to as irrelevant to
`the grounds upon which trial has been
`instituted, untimely, and unfairly
`prejudicial (FRE 401-403).
`This exhibit is objected to as improper
`hearsay for which US Endo has not
`established any exception (FRE 801).
`This exhibit is objected to as irrelevant to
`the grounds upon which trial has been
`instituted, untimely, and unfairly
`prejudicial (FRE 401-403).
`This exhibit is objected to as improper
`hearsay for which US Endo has not
`established any exception (FRE 801).
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`2
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`
`
`Case IPR2015-00632
`Patent 8,727,773 B2
`
`
`Evidence Submitted by Petitioner
`Ex. 1041 (Dentsply Int’l and Tulsa
`Dental Prods. LLC d/b/a Tulsa
`Dental Specialties v. US Endodontics,
`LLC, No. 2:14-cv-196,
`Deposition Transcript of Neill H.
`Luebke, dated Oct. 8, 2014
`(E.D. Tenn.), pp. 1 and 199)
`
`
`The foregoing objections are made within 5 business days of service of
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`Patent Owner’s Objections
`This exhibit is objected to as irrelevant to
`the grounds upon which trial has been
`instituted, untimely, and unfairly
`prejudicial (FRE 401-403).
`This exhibit is objected to as improper
`hearsay for which US Endo has not
`established any exception (FRE 801).
`
`evidence in accordance with 37 C.F.R. § 42.64(b)(1).
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`Respectfully submitted,
`
`Dated: February 3, 2016
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`
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`
`
`By: / Jason M. Nolan /
`
`Jason M. Nolan, Reg. No. 72,427
`ROTHWELL, FIGG, ERNST &
`MANBECK, P.C.
`607 14th St., N.W., Suite 800
`Washington, DC 20005
`Phone: 202-783-6040
`Facsimile: 202-783-6031
`
`Counsel for Patent Owner
`Gold Standard Instruments, LLC
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`3
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`CERTIFICATE OF SERVICE
`
`Case IPR2015-00632
`Patent 8,727,773 B2
`
`
`I hereby certify that on this 3rd day of February, 2016, a true and correct
`
`copy of the foregoing PATENT OWNER’S SECOND SET OF OBJECTIONS TO
`
`EVIDENCE was served, via electronic mail upon the following counsel of record
`
`for Petitioner US Endodontics, LLC:
`
`Jeffrey S. Ginsberg, Esq.
`Abhishek Bapna, Esq.
`Patterson Belknap Webb & Tyler LLP
`1133 Avenue of the Americas
`New York, NY 10036-6710
`Phone: 212-336-2630
`Facsimile: 212-336-1270
`Emails: jginsberg@pbwt.com
`abapna@pbwt.com
`
`
`
`/ Erik van Leeuwen /
`Erik van Leeuwen
`Litigation Operations Coordinator
`Rothwell, Figg, Ernst & Manbeck, P.C.
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