Case 1:08-cv-01101-JB-KBM Document 1 Filed 11/21/08 Page 1 of 39
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF NEW MEXICO
`
`GUIDANCE ENDODONTICS, LLC,
`a New Mexico Limited Liability Company,
`
`Plaintiff,
`
`vs.
`
`DENTSPL Y INTERNATIONAL, INC.
`a Delaware Business Corporation, and
`TULSA DENTAL PRODUCTS, LLC,
`a Delaware Limited Liability Company,
`
`Defendants.
`
`No. 08-CV-1101
`
`VERIFIED COMPLAINT AND DEMAND FOR JURY TRIAL
`
`Guidance Endodontics, LLC ("Plaintiff' or "Guidance"), by its attorneys, Modrall,
`
`Sperling, Roehl Harris & Sisk, P.A. (John J. Kelly), and Olshan, Grundman, Frome, Rosenzweig
`
`
`
`& Wolosky LLP, (Kyle C. Bisceglie) 1, for its Complaint, alleges as follows:
`
`Nature of the Case
`
`1.
`
`Guidance brings this action seeking injunctive and other relief as a result of the
`
`breach and anticipatory repudiation of an exclusive Manufacturing and Supply Agreement
`
`("Supply Agreement") by and between Plaintiff and Defendants Dentsply International, Inc.
`
`("Dentsply") and Tulsa Dental Products, LLC ("TDP") (collectively, the "Defendants"),
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`pursuant to which Guidance must purchase and Defendants must manufacture and supply all of
`
`Guidance's requirements for endodontic products. Recently, Defendants ceased to supply
`
`1 Plaintiffs motion to permit Mr. Bisceglie to be admitted pro hac vice has been filed with the court.
`
`GOLD STANDARD EXHIBIT 2008
`US ENDODONTICS v. GOLD STANDARD
`CASE IPR2015-00632
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF NEW MEXICO
`
`GUIDANCE ENDODONTICS, LLC,
`a New Mexico Limited Liability Company,
`
`Plaintiff,
`
`vs.
`
`DENTSPL Y INTERNATIONAL, INC.
`a Delaware Business Corporation, and
`TULSA DENTAL PRODUCTS, LLC,
`a Delaware Limited Liability Company,
`
`Defendants.
`
`No. 08-CV-1101
`
`VERIFIED COMPLAINT AND DEMAND FOR JURY TRIAL
`
`Guidance Endodontics, LLC ("Plaintiff' or "Guidance"), by its attorneys, Modrall,
`
`Sperling, Roehl Harris & Sisk, P.A. (John J. Kelly), and Olshan, Grundman, Frome, Rosenzweig
`
`
`
`& Wolosky LLP, (Kyle C. Bisceglie) 1, for its Complaint, alleges as follows:
`
`Nature of the Case
`
`1.
`
`Guidance brings this action seeking injunctive and other relief as a result of the
`
`breach and anticipatory repudiation of an exclusive Manufacturing and Supply Agreement
`
`("Supply Agreement") by and between Plaintiff and Defendants Dentsply International, Inc.
`
`("Dentsply") and Tulsa Dental Products, LLC ("TDP") (collectively, the "Defendants"),
`
`pursuant to which Guidance must purchase and Defendants must manufacture and supply all of
`
`Guidance's requirements for endodontic products. Recently, Defendants ceased to supply
`
`1 Plaintiffs motion to permit Mr. Bisceglie to be admitted pro hac vice has been filed with the court.
`
`GOLD STANDARD EXHIBIT 2008
`US ENDODONTICS v. GOLD STANDARD
`CASE IPR2015-00632
`
`
`
`
`
`
`
`
`
`
`
`
`
`Case 1:08-cv-01101-JB-KBM Document 1 Filed 11/21/08 Page 2 of 39
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`products to Guidance without good cause or justification. As a result of Defendants’ non-
`
`performance, Guidance will be forced out of business within weeks. Defendants occupy a dual
`
`role as both Guidance’s exclusive supplier and competitor in the market for endodontic products.
`
`Upon information and belief, Defendants are engaging in the course of conduct described herein
`
`in an effort to harass, harm, sanction and eliminate a successful competitor.
`
`The Parties
`
`2.
`
`Plaintiff Guidance is a New Mexico limited liability company with a principal
`
`place of business at 7510 Montgomery Boulevard NE, Suite 205, Albuquerque, New Mexico.
`
`3.
`
`Defendant Dentsply is a Delaware corporation, having a place of business at 221
`
`West Philadelphia Street, York, Pennsylvania.
`
`4.
`
`Defendant TDP is a Delaware limited liability company and a wholly-owned
`
`subsidiary of defendant Dentsply. Its place of business is at 5100 East Skelly Drive, Tulsa,
`
`Oklahoma. It has a manufacturing plant at 608 Rolling Hills Drive, Johnson City, Tennessee.
`
`Jurisdiction and Venue
`
`5.
`
`This Court has subject matter jurisdiction pursuant to 28 U.S.C. §1332(a). The
`
`action is between citizens of different States, and the amount in controversy exceeds $75,000,
`
`exclusive of interest and costs.
`
`6.
`
`Venue is appropriate in this District pursuant to 28 U.S.C. §1391(a)(2). This is
`
`the District in which a substantial part of the events or omissions giving rise to the claims
`
`asserted herein occurred.
`
`A.
`
`Background of Guidance and its CEO, Dr. Charles J. Goodis, DDS
`
`Factual Allegations
`
`2
`
`
`
`
`
`Case 1:08-cv-01101-JB-KBM Document 1 Filed 11/21/08 Page 3 of 39
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`7.
`
`In or about September 2004, Dr. Charles J. Goodis, DDS, founded Guidance. Dr.
`
`Goodis is a full-time practicing endodontist who has resided and practiced endodontic dentistry
`
`in Albuquerque, New Mexico for 12 years.
`
`8.
`
`As an undergraduate, Dr. Goodis majored in mechanical engineering. In 1991 he
`
`received a DDS from the University of Michigan. From 1991-1993, he was a commissioned
`
`officer in the United States Public Health Service and served at the Fort Berthold Indian
`
`Reservation as Chief Dental Officer. Thereafter, he attended the University of Minnesota from
`
`1993-1994 and received his General Practice Dental Hospital Residency Certificate treating
`
`medically compromised patients. He then attended the University of Connecticut from 1994-
`
`1996 and received his Endodontic Specialty Certificate.
`
`9.
`
`Endodontists specialize in root canal therapy and root canal surgery, and use their
`
`special training and experience in treating difficult cases that are referred to them by general
`
`dentists. Endodontists use three basic types of products in their practice: files, obturators, and
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`ovens.
`
`10.
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`Using his background in mechanical engineering and experience as a practicing
`
`endodontist, Dr. Goodis wanted to develop a better line of endodontic root canal instruments and
`
`root canal filling obturators to make the endodontic root canal procedure safer, easier, and more
`
`comfortable.
`
`11.
`
`Dr. Goodis first came up with the idea to develop a new line of endodontic
`
`products in 2000, and developed his first root canal instrument prototype in 2003. After one year
`
`and testing thousands of root canal instrument prototypes, a final file design was determined and
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`Guidance was launched in 2004.
`
`3
`
`
`
`
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`Case 1:08-cv-01101-JB-KBM Document 1 Filed 11/21/08 Page 4 of 39
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`12.
`
`Guidance’s initial manufacturer was Micro-Mega, a French firm with offices in
`
`France, Switzerland, and Germany.
`
`13.
`
`Guidance is a small, young and promising start-up that offers superior products at
`
`lower prices than Defendants.
`
`14.
`
`Guidance is wholly owned and financed by Dr. Goodis, and all research and
`
`development was paid for by Dr. Goodis. His investment to date is approximately $7 million.
`
`15.
`
`In addition to Dr. Goodis, who serves as Guidance’s CEO, Guidance has three
`
`full-time employees, only one of which, John Ferone, works in the field as a sales representative.
`
`16.
`
`Guidance’s initial product line consisted of the V-Taper NiTi Rotary File (“V-
`
`Taper File”) and a similar file made of stainless steel.
`
`17.
`
`Guidance currently has a new file under development called the V2 04 Taper File
`
`(“V2 File”), which is the next generation of the original V-Taper File. Many of Guidance’s
`
`customers have indicated that they eagerly await the launch of the V2 File.
`
`18.
`
`Guidance also has developed the EndoTaper 06 NiTi Rotary Files (“EndoTaper
`
`File”). Pursuant to the Supply Agreement, Plaintiff also sells its customers (i) the OneFill
`
`Obturation System (“OneFill Obturator”); and (ii) the Guidance Obturator Oven (the instruments
`
`and products described in ¶¶ 17-18 are collectively referred to as the “Guidance Products”).
`
`19.
`
`In only four years, Guidance has already acquired approximately 5,400
`
`customers. Guidance attained these Customers without the extensive use of targeted mailings;
`
`however, once Guidance starts regularly mailing advertising materials and samples directly to
`
`dentists and endodontists, Guidance will obtain a significant number of additional customers.
`
`20.
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`In addition, as one of two endodontists in the country commissioned by the
`
`American Dental Association to speak at conventions and trade shows around the country, Dr.
`
`4
`
`
`
`
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` Dr. Charles J. Goodis, CEO of Guidance Endodontics, LLC, being first duly sworn upon
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`V E R I F I C A T I O N
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`Case 1:08-cv-01101-JB-KBM Document 1 Filed 11/21/08 Page 39 of 39
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`
`
`
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`his oath, deposes and states that he has read the Verified Complaint and Demand for Jury Trial
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`and affirmatively states that it is true and correct to the best of his knowledge and belief.
`
`/s/ Charles J. Goodis
`Dr. Charles J. Goodis, CEO
`Guidance Endodontics, LLC
`
`SUBSCRIBED AND SWORN to before me on this 21st day of November, 2008, by Dr.
`Charles J. Goodis, CEO of Guidance Endodontics, LLC.
`
`/s/ Amanda Bustamante
`Notary Public
`
`My Commission Expires:
`
`4/29/2011
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`K:\DOX\CLIENT\83687\0001\W0906197.DOC
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`39
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