`
`** HIGHLY CONFIDENTIAL **
`UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TENNESSEE
`GREENEVILLE DIVISION
`Civil Action No. 2:14-CV-00196
`
`-----------------------------------x
`
`DENTSPLY INTERNATIONAL, INC. and TULSA
`DENTAL PRODUCTS LLC d/b/a TULSA DENTAL
`SPECIALTIES,
`
`Plaintiffs,
`
`- against -
`
`US ENDODONTICS, LLC,
`
`Defendant.
`
`-----------------------------------x
`
`September 19, 2014
`9:24 a.m.
`
`1
`2
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`9
`
`10
`11
`
`12
`
`13
`
`14
`15
`Videotaped Deposition of BOBBY
`16
`BENNETT, taken by Plaintiffs, pursuant to
`17
`18 Notice, held at the offices of Kenyon &
`19 Kenyon LLP, One Broadway, New York, New
`20 York, before Todd DeSimone, a Registered
`21 Professional Reporter and Notary Public of
`22
`the State of New York.
`23
`24
`25
`
`GOLD STANDARD EXHIBIT 2014
`US ENDODONTICS v. GOLD STANDARD
`CASE IPR2015-00632
`
`VERITEXT REPORTING COMPANY
`Case2J:1-i.?c't-Wf96-JRG-DHI Documen'fYW6Y!ritFfi~£P~/12/14 Page 2 of 74 ~8~b~00
`5108
`
`
`
`
`
`1 l .ENNETT
`
`- - - - - -
`Page 30
`
`- HIGHLY CONFIDENTIAL
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`Q.
`
`How did you and Dr. Goodis come
`
`to form a company together?
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`A.
`
`We had a mutual friend.
`
`And who was that?
`
`John Ferone.
`
`Is that F-e-r-r-o-n-e?
`
`F-e-r-o-n-e.
`
`One R?
`
`One R.
`
`And what does John Ferone do?
`
`Today he is a sales manager
`
`13 with Henry Schein.
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`Q.
`
`Has John Ferone had any
`
`involvement in US Endo?
`
`A.
`
`Q.
`
`No.
`
`So approximately when did you
`
`start US Endo?
`
`A.
`
`Q.
`
`It was in 2011.
`
`What are your current job
`
`responsibilities at US Endo?
`
`A.
`
`Q.
`
`Managing the operation.
`
`Do you have any other
`
`responsibilities there?
`
`A.
`
`That's it, manage the
`
`VERITEXT REPORTING COMPANY
`www.veritext.com
`516-608-2400
`212-267-6868
`Case 2:14-cv-00196-JRG-DHI Document 156-1 Filed 12/12/14 Page 5 of 74 PageID #:
` 5111
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`BENNETT - HIGHLY CONFIDENTIAL
`
`Page 99
`
`A.
`
`· - - - · - -
`
`------
`
`And that's where my confusion
`
`is coming in at these first two.
`
`I can't
`
`recall specifically if they are at -
`
`-
`
`•
`
`-
`
`because i t is typically
`
`based off of diameter, what I've seen
`
`anyhow, and those are too close for me to
`
`speculate without looking at something.
`
`Q.
`
`Do you have any documentation
`
`that details the duration of the heat
`
`treatment process that US Endo uses for
`
`these particular size EdgeFile X3s that
`
`are reflected in Bennett Exhibit 4 on
`
`pages 2 and 3?
`
`A.
`
`Q.
`
`I do.
`
`And you would be able to look
`
`at that documentation regarding the
`
`duration of heat treatment to figure out
`
`how long they were heated?
`
`A.
`
`Q.
`
`Yes.
`
`But right now it's your
`
`understanding that it is either -- excuse
`
`1
`
`2
`I
`4
`
`5
`
`6
`I
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25 me, right now it is your understanding
`
`VERITEXT REPORTING COMPANY
`www.veritext.com
`516-608-2400
`212-267-6868
`Case 2:14-cv-00196-JRG-DHI Document 156-1 Filed 12/12/14 Page 33 of 74 PageID #:
` 5139
`
`
`
`
`
`Page 149
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`BENNETT
`
`- HIGHLY CONFIDENTIAL
`
`Q.
`
`A.
`
`heat treat.
`
`What is it?
`
`It is a work instructions for
`
`Q.
`
`And earlier we discussed Scott
`
`Smith and Brittany Blair. Scott Smith is
`
`an independent contractor that helps with
`
`quality; is that right?
`
`A.
`
`Q.
`
`That's correct, yes.
`
`And Brittany Blair is a US Endo
`
`employee; is that right?
`
`A.
`
`Q.
`
`That's correct.
`
`So is this heat treatment work
`
`instruction reflected in Bennett Exhibit 9
`
`the instruction that's used for all the
`
`16 heat-treated EdgeFiles provided to Edge
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`Endo?
`
`A.
`
`Q.
`
`Correct.
`
`And looking at -- and does this
`
`document, Bennett Exhibit 9, reflect the
`
`heat treatment process that we've
`
`discussed during your deposition today?
`
`A.
`
`Q.
`
`Yes, it does.
`
`And the proprietary temperature
`
`that US Endo uses for the heat treatment
`
`VERITEXT REPORTING COMPANY
`212-267-6868
`www.veritext.com
`516-608-2400
`Case 2:14-cv-00196-JRG-DHI Document 156-1 Filed 12/12/14 Page 45 of 74 PageID #:
` 5151
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Page 229
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`BENNETT
`
`- HIGHLY CONFIDENTIAL
`
`Q.
`
`Are you aware if there is
`
`anyone that would pay a
`
`judgment on US
`
`Endo's behalf in this lawsuit?
`
`A.
`
`Q.
`
`No.
`
`Do you know if Charles Goodis
`
`7 would personally pay any judgment in this
`
`8
`
`9
`
`10
`
`11
`
`12
`
`lawsuit?
`
`form.
`
`A.
`
`Q.
`
`MR. GINSBERG: Objection to
`
`I don't know.
`
`Have you seen any of the legal
`
`13 bills for this lawsuit?
`
`14
`
`15
`
`A.
`
`Q.
`
`Not yet.
`
`Are you aware of any
`
`16 obligation -- excuse me, do you know if
`
`17 Charles Goodis is obligated to pay any
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`judgment that is incurred in this lawsuit
`
`on behalf of US Endo?
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`Not that I'm aware of.
`
`Do you know Neill Luebke?
`
`Yes,
`
`I know Neill Luebke.
`
`When did you first come to know
`
`24 Neill Luebke?
`
`25
`
`A.
`
`Around -- somewhere around
`
`VERITEXT REPORTING COMPANY
`www.veritext.com
`516-608-2400
`212-267-6868
`Case 2:14-cv-00196-JRG-DHI Document 156-1 Filed 12/12/14 Page 67 of 74 PageID #:
` 5173
`
`