`Date: September 22, 2015
`
`
`
`
`
`
`Trials@uspto.gov
`571-272-7822
`
`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.
`
`
`
`DECISION
`Motion to Submit Supplemental Information
`37 CFR § 42.123(a)
`
`
`
`
`
`IPR2015-00632
`Patent 8,727,773 B2
`
`
`
`I. INTRODUCTION
`
`
`
`
`
`Petitioner, US Endodontics, LLC (“US Endo” or “Petitioner”), filed a
`
`“Petitioner’s Motion To Submit Supplemental Information Pursuant to 37 C.F.R.
`
`§ 42.123(a).” Paper 37 (Motion” or “Mot.”).1 Patent Owner, Gold Standard
`
`Instruments, LLC (“GSI” or “Patent Owner”) represented to the panel that it does
`
`not oppose the Motion (see Paper 38), and has not filed an opposition to the
`
`Motion.
`
`II. DISCUSSION
`
`
`
` As we noted in our prior Order (Paper 38), US Endo met the requirements
`
`of 37 C.F.R. § 42.123(a) for filing its requested Motion for entry of supplemental
`
`information. That supplemental information constitutes the prosecution history of
`
`another patent owned by GSI (U.S. Patent No. 8,876,991), which US Endo
`
`contends “includes statements that are relevant to the claims for which trial has
`
`been instituted.” Mot. 1.
`
`
`
`In considering the record before us, including that GSI does not oppose the
`
`Motion, we conclude that it is appropriate to enter the relevant supplemental
`
`information into this inter partes review proceeding. Accordingly, US Endo’s
`
`Motion is granted.
`
`It is
`
`III. ORDER
`
`ORDERED that the “Petitioner’s Motion To Submit Supplemental
`
`
`
`
`
`Information Pursuant to 37 C.F.R. § 42.123(a)” (Paper 37) is granted; and
`
`
`1 We authorized US Endo to file the Motion. Paper 38. We also authorized US
`Endo to file the relevant supplemental information, which has been entered
`provisionally as Exhibit 1030. Id.
`
`2
`
`
`
`
`IPR2015-00632
`Patent 8,727,773 B2
`
`
`
`
`FURTHER ORDERED that the requested supplemental information is
`
`
`
`entered formally into the record as Exhibit 1030.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`3
`
`
`
`
`IPR2015-00632
`Patent 8,727,773 B2
`
`
`
`
`
`
`
`For PETITIONER:
`
`Jeffrey S. Ginsberg
`PATTERSON BELKNAP WEBB & TYLER LLP
`jginsberg@pbwt.com
`
`For PATENT OWNER:
`
`Joseph Hynds
`Randy Brenner-Leifer
`ROTHWELL, FIGG, ERNST & MANBECK, P.C.
`jhynds@rfem.com
`Ebrenner@rothwellfigg.com
`
`
`
`4
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