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`** 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.
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`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
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`1 l .ENNETT
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`- - - - - -
`Page 30
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`- HIGHLY CONFIDENTIAL
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`Q.
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`How did you and Dr. Goodis come
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`to form a company together?
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`A.
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`Q.
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`A.
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`Q.
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`A.
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`Q.
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`A.
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`Q.
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`A.
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`We had a mutual friend.
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`And who was that?
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`John Ferone.
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`Is that F-e-r-r-o-n-e?
`
`F-e-r-o-n-e.
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`One R?
`
`One R.
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`And what does John Ferone do?
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`Today he is a sales manager
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`13 with Henry Schein.
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`Q.
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`Has John Ferone had any
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`involvement in US Endo?
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`A.
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`Q.
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`No.
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`So approximately when did you
`
`start US Endo?
`
`A.
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`Q.
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`It was in 2011.
`
`What are your current job
`
`responsibilities at US Endo?
`
`A.
`
`Q.
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`Managing the operation.
`
`Do you have any other
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`responsibilities there?
`
`A.
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`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 #:
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`BENNETT - HIGHLY CONFIDENTIAL
`
`Page 99
`
`A.
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`· - - - · - -
`
`------
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`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
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`based off of diameter, what I've seen
`
`anyhow, and those are too close for me to
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`speculate without looking at something.
`
`Q.
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`Do you have any documentation
`
`that details the duration of the heat
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`treatment process that US Endo uses for
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`these particular size EdgeFile X3s that
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`are reflected in Bennett Exhibit 4 on
`
`pages 2 and 3?
`
`A.
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`Q.
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`I do.
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`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
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`25 me, right now it is your understanding
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`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 #:
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`Page 149
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`BENNETT
`
`- HIGHLY CONFIDENTIAL
`
`Q.
`
`A.
`
`heat treat.
`
`What is it?
`
`It is a work instructions for
`
`Q.
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`And earlier we discussed Scott
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`Smith and Brittany Blair. Scott Smith is
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`an independent contractor that helps with
`
`quality; is that right?
`
`A.
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`Q.
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`That's correct, yes.
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`And Brittany Blair is a US Endo
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`employee; is that right?
`
`A.
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`Q.
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`That's correct.
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`So is this heat treatment work
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`instruction reflected in Bennett Exhibit 9
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`the instruction that's used for all the
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`16 heat-treated EdgeFiles provided to Edge
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`Endo?
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`A.
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`Q.
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`Correct.
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`And looking at -- and does this
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`document, Bennett Exhibit 9, reflect the
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`heat treatment process that we've
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`discussed during your deposition today?
`
`A.
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`Q.
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`Yes, it does.
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`And the proprietary temperature
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`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 #:
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`Page 229
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`BENNETT
`
`- HIGHLY CONFIDENTIAL
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`Q.
`
`Are you aware if there is
`
`anyone that would pay a
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`judgment on US
`
`Endo's behalf in this lawsuit?
`
`A.
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`Q.
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`No.
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`Do you know if Charles Goodis
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`7 would personally pay any judgment in this
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`8
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`lawsuit?
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`form.
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`A.
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`Q.
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`MR. GINSBERG: Objection to
`
`I don't know.
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`Have you seen any of the legal
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`13 bills for this lawsuit?
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`14
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`15
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`A.
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`Q.
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`Not yet.
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`Are you aware of any
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`16 obligation -- excuse me, do you know if
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`17 Charles Goodis is obligated to pay any
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`18
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`judgment that is incurred in this lawsuit
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`on behalf of US Endo?
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`A.
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`Q.
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`A.
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`Q.
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`Not that I'm aware of.
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`Do you know Neill Luebke?
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`Yes,
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`I know Neill Luebke.
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`When did you first come to know
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`24 Neill Luebke?
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`25
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`A.
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`Around -- somewhere around
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`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
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