throbber
Trials@uspto.gov
`571-272-7822
`
`Paper 28
`Date: June 25, 2015
`
`
`
`
`
`
`
`
`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
`____________
`
`
`Before JOSIAH C. COCKS, HYUN J. JUNG, and
`TIMOTHY J. GOODSON, Administrative Patent Judges.
`
`COCKS, Administrative Patent Judge.
`
`
`
`
`
`ORDER
`According New Filing Dates to Petition and Patent Owner Preliminary Response
`37 CFR §§ 42.106 and 42.107(b)
`
`
`
`
`
`
`
`

`

`IPR2015-00632
`Patent 8,727,773 B2
`
`
`
`
`Petitioner, US Endodontics, LLC (“US Endo” or “Petitioner”), filed a
`
`
`
`Petition requesting an inter partes review of U.S. Patent 8,727,773. Paper 2.
`
`Subsequently, US Endo filed a Motion to add Guidance Endodontics, LLC
`
`(“Guidance”) and Edge Endo, LLC (“Edge Endo”) as real parties-in-interest.
`
`Paper 15.1 We granted the Motion. Paper 26. As set out in our Order granting the
`
`Motion, US Endo was given the opportunity to provide updated Mandatory
`
`Notices adding Guidance and Edge Endo as real parties-in-interest. Paper 26, 5.
`
`The parties were also informed that “if updated Mandatory Notices are filed
`
`identifying Guidance and Edge Endo as real parties-in-interest, the filing date
`
`accorded the Petition and the Preliminary Response will be vacated, and a new
`
`filing date will be accorded to each.” Id.
`
`
`
`US Endo supplied updated Mandatory Notices identifying Guidance and
`
`Edge Endo as real parties-in-interest on June 16, 2015. Paper 27. Accordingly, the
`
`filing date accorded the Petition of January 30, 2015 is hereby vacated. The
`
`Petition is accorded a filing date of June 16, 2015, and GSI’s “Patent Owner’s
`
`Preliminary Response” (Paper 9) is considered to be filed on June 16, 2015.
`
`
`
`
`
`It is
`
`ORDERED that the filing date of January 30, 2015 initially accorded to the
`
`Petition in IPR2015-00632 is vacated;
`
`
`
`FURTHER ORDERED that the Petition in IPR2015-00632 is accorded the
`
`filing date of June 16, 2015; and
`
`
`
`FURTHER ORDERED that GSI’s “Patent Owner’s Preliminary Response”
`
`(Paper 9) is considered to be filed on June 16, 2015.
`
`
`
`
`
`
`1 Patent Owner, Gold Standard Instruments, LLC (“GSI” or “Patent Owner”) filed
`an opposition to US Endo’s Motion. Paper 25.
`
`2
`
`
`

`

`
`
`
`
`IPR2015-00632
`Patent 8,727,773 B2
`
`
`
`
`
`
`
`
`
`For PETITIONER:
`
`Jeffrey Ginsberg
`Matthew Berkowitz
`Eric Schreiber
`KENYON & KENYON LLP
`jginsberg@kenyon.com
`mberkowitz@kenyon.com
`eschreiber@kenyon.com
`
`
`For PATENT OWNER:
`
`
`Joseph Hynds
`Randy Brenner-Leifer
`ROTHWELL, FIGG, ERNST & MANBECK, P.C.
`jhynds@rfem.com
`Ebrenner@rothwellfigg.com
`
`
`
`3
`
`
`

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