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`Page 1
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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 30, 2014
`8:35 a.m.
`
`Videotaped Deposition of A. JON
`GOLDBERG, Ph.D., taken by Plaintiffs,
`pursuant to Notice, held at the offices of
`Kenyon & Kenyon LLP, One Broadway, New
`York, New York, before Todd DeSimone, a
`Registered Professional Reporter and
`Notary Public of the State of New York.
`
`GOLD STANDARD EXHIBIT 2025
`US ENDODONTICS v. GOLD STANDARD
`CASE IPR2015-00632
`
`212-267-6868
`
`VERITEXT REPORTING COMPANY
`www.veritext.com
`
`516-608-2400
`
`

`

`Page 4
`
`I GOLDBERG - HIGHLY CONFIDENTIAL
`2
`MR. JESIC: Slaven Jesic,
`3 Kenyon & Kenyon, on behalf of US
`4 Endodontics and the witness.
`5
`THE VIDEOGRAPHER: WiII the
`6 reporter please swear in the witness.
`7*'k*
`8 A. JON GOLDBERG, Ph.D.,
`9 called as a witness, having been first
`10 duly swom, was examined and testified
`1l as follows:
`12 EXAMINATION BY MS. BRENNER-LEIFER
`13 a. Good morning, Dr. Goldberg.
`14 A. Good morning.
`l5 a. Could you state your name and
`16 residence for the record.
`l7 A. Yes, Jon Goldberg. West
`18 Hartford, Connecticut.
`19
`(Goldberg Exhibit I marked for
`20 identification.)
`2l a. And you understand you have
`22 been subpoenaed for your deposition today?
`23
`I'm giving you Exhibit 1 which
`24 is your deposition notice.
`25 A. Okay.
`
`Page 5
`
`I GOLDBERG - HIGHLY CONFIDENTIAL
`2
`}l4R. GINSBERG: I don't believe
`3 he was subpoenaed.
`4
`MS. BRENNER-LEIFER: I'm sorry,
`5 the notice for his deposition, I'm sorry.
`6 Q. And you are appearing here
`7 pursuant to the notice of deposition?
`8 A. Yes.
`9 Q. You submitted an expert -- or
`l0 two expert reports in this case; is that
`1 1 correct?
`12 A. Yes.
`13 a. Have you been deposed before?
`14 A. Yes.
`l5 a. And when was that?
`16 A. Oh, maybe seven, eight years
`l7 ago.
`l8 a. And was that -- what kind of
`19 case was that for?
`20 A. It involved dental materials.
`27 a. And what was -- was it a patent
`22 case?
`23 A. It had to do with a license.
`24 ILwas apatenl, but it wasn't an
`25 infringement issue.
`
`Page2
`
`I2
`
` APPEARANCES:
`3 ROTHWELL FIGG ERNST & MANBECK, P.C.
`607 l4th Street, NW
`4 Suite 800
`Washington, D.C. 20005
`5
`Attomeys for Plaintiffs
`BY: R. ELIZABETH BRENNER.LEIFER, ESQ.
`6
`ebrenner@rfem.com
`JASON M. NOLAN, Ph.D., ESQ.
`1
`inolan@@rfem.com
`
`8 9
`
`KENYON & KENYON LLP
`10 One Broadway
`New York, New York 10004-1007
`I I
`Attorneys for Defendant
`BY: JEFFREY S. GINSBERG, ESQ.
`12
`jginsberg@kenyon.com
`SLAVEN JESIC, ESQ.
`13
`sjesic@kenyon.com
`14
`t5
`t6
`
`ALSO PRESENT:
`
`DMITRY ZVONKOV, Videographer
`
`17
`
`18
`19
`20
`21
`22
`23
`24
`25
`
`Page 3
`
`1 GOLDBERG - HIGHLY CONFIDENTIAL
`2
`THE VIDEOGRAPHER: Goodmoming
`3 My name is Dmitry Zvonkov with Veritext.
`4 Today's date is September 30th,2014. The
`5 time on the video monitor is 8:35 a.m.
`6
`This deposition is being held
`7 atlhe offices of Kenyon & Kenyon located
`8 at One Broadway, New York, New York. The
`9 caption of the case is Dentsply
`l0 International, Inc., et al, versus US
`I I Endodontics LLC, in the U.S. District
`l2 Court for the Eastern District of
`13 Tennessee. The name of the witness is
`14 Dr. Jon Goldberg.
`15
`Will counsel please identiff
`l6 themselves for the record.
`17
`MS. BRENNER-LEIFER: Elizabeth
`l8 Brenner-Leifer from Rothwell Figg Ernst &
`l9 Manbeck for plaintiff Dentsply.
`20
`MR. NOLAN: Jason Nolan from
`21 Rothwell Figg Ernst & Manbeck for
`22 plaintiffDentsply.
`23
`MR. GINSBERG: Jeff Ginsberg of
`24 Kenyon & Kenyon for defendant US
`25 Endodontics and the witness.
`
`212-267-6868
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`Page 6
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`I GOLDBERG - HIGHLY CONFIDENTIAL
`2 Q. A licensing issue?
`3 A. Yes.
`4 Q. And what party did you testifo
`5 for?
`6 A. The university had licensed a
`7 patenf to Pentron Corporation and I was
`8 asked to --
`9
`MR. GINSBERG: I just want to
`10 intemrpt. I just want to caution you not
`11 to reveal any confidential information
`72 that may have been involved in that case.
`13 You can answer, if you can, but I just
`14 don't want you to reveal any confidential
`15 information.
`16
`THE WITNESS: Thank you.
`17 A. The university had licensed a
`l8 company. There was a dispute with another
`19 company. And the company that had the
`20 license from the university asked me to be
`2l a witness on their behalf.
`22 a. Were you a fact witness or an
`23 expeftwitness?
`24 A. Can you distinguish?
`25 a. Did you submit an expert report
`I GOLDBERG - HIGHLY CONFIDEN''IAT'
`2 for that case?
`3 A. I don't recall.
`4 Q. You were just testi$ing as to
`5 your own personal knowledge --
`6 A. That's my recollection.
`7 Q. -- of the facts in the case?
`8
`MR. GINSBERG: Dr. Goldberg,
`9 please let Ms. Brenner-Leifer finish
`I 0 asking her question before you begin
`I 1 answering, thaf way the court reporter can
`12 get down both the question and the answer.
`13
`THE WITNESS: Okay, thank you.
`14 a. Maybe this is a good time to go
`15 over some preliminaries. Since you have
`16 been deposed before I willjust go over
`17 this again since it has been you said
`l8 eight years.
`19
`You must answer my questions
`20 truthfully. You are testi$ring under oath
`2l today. You need to answer verbally and
`22 avoiduh-huhs orhuh-uhs ornods ofyour
`23 head or shakes of your head which the
`24 cottt reporter can't record very well.
`25
`It is important for the court
`
`I GOLDBERG - HIGHLY CONFIDEN'iOi'
`2 reporter and for our questioning today
`3 that we try not to talk over each other,
`4 so there is no rush, we have got some
`5 time. And if you just take your time and
`6 let me finish asking my question and then
`7 answer, and I will do my best to do the
`8 same and not to intemrpt you too.
`9 A. And I will do my best to do
`10 that also.
`l1 a.
`If you don't hear a question
`12 fhat I ask, ask me to repeat it, or if you
`l3 don't understand a question that I'm
`14 asking, you can ask me to clarify it. If
`15 you don't ask me to clarify it, I will
`l6 just assume that you understand the
`l7 question.
`18
`Your attorney can object from
`19 time to time about my questions. Unless
`20 he instructs you not to answer my
`2l questions, you have to answer the
`22 question.
`23
`Do you have any questions for
`24 me before we start?
`25 A. No.
`
`I GOLDBERG - HIGHLY CONFIDENTiATN
`2 Q. Do you take any medications
`3 that might affect your memory?
`4 A. No.
`5 Q. Or any medications that might
`6 affect your ability to answer truthfully
`7 and accurately today?
`8 A. No.
`9 Q. Is there any reason why you
`10 can't provide truthful and accurate
`1l testimony here today?
`12 A. No.
`13 a. How did you prepare for your
`14 deposition?
`l5 A. Mainly reviewing the articles
`16 that we had been preparing over the last
`17 couple of months and reviewing the
`18 questions -- the assumptions that the
`19 attorneys had asked me to make and coming
`20 up with particular opinions.
`2l a. What were those assumptions?
`22 A. Well, for example, there are
`23 some issues relative to what permanent
`24 deformation might mean and what the
`25 atmosphere was that these files are
`
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`l
`.'LDBERG - HrcHLy coNFTDEN'tltltt
`2 heat-treated in. So they would ask me to
`3 consider if this was what would be your
`4 opinion, those sort of assumptions.
`5 Q. And who did you meet with? Who
`6 did you meet with to prepare for your
`7 deposition?
`8 A. Well, most of the deposition I
`9 prepared on my own. I did meet with the
`l0 attorneys at Kenyon & Kenyon just prior to
`11 this deposition.
`12 a. Yesterday?
`13 A. Yesterday and on Sunday.
`14 a. You were starting to tell me
`15 about your other depositions. Were you
`16 deposed in any other cases?
`l7 A. Not that I recall.
`l8 a. Have you ever testified at
`79 trial or in a hearing?
`20 A. Yes. There was another case
`2l maybe 15 years ago. I don't recall the
`22 particllars. But it was before a judge.
`23 a. Were you a fact witness in that
`24 case?
`25 A. I just don't recall. I wasn't
`
`I GoLDBERG - HIGHLY CONFIDEN.':'Ãi"-'
`2 aparty to the issue, if that's what you
`3 are asking. So I was there to provide
`4 information, but I'm not -- you would have
`5 to explain to me what a fact witness is.
`6 Q. Well, a fact witness is you are
`7 testifuing on your own personal knowledge
`8 and experiences rather than your serving
`9 as an expert on a particular subject.
`10 A. Okay. I'm not sure I fully
`I I appreciate the difference, but I was asked
`l2 to testifr about dental materials.
`13 a. And that was a business
`14 dispute, too?
`15 A. I don't recall.
`16 a. What companies were involved in
`17 that case?
`18 A. I don't recall.
`19 a. Was Dentsply a party to that
`20 case?
`2l A. I don't recall who the parlies
`22 were.
`23
`(Goldberg Exhibit 2 marked for
`24 identification.)
`25 a. Dr. Goldberg, we have handed
`
`1 GOLDBERG - HIGHLY CONFIDENi'ïï'
`2 you what's been marked as Goldberg 2. I
`3 believe it's a copy of your curriculum
`4 vitae; is that correct?
`5 A. Yes.
`6 Q. Is this complete?
`7 A. I would have to look through
`8 it. It would be hard for me to tell if a
`9 particular reference was missing or not.
`10 I mean, generally - let me just page
`l1 through.
`12
`(Witness perusing document.)
`l3 A. It appears to be.
`14 a. Did you prepare your curriculum
`15 vitae?
`16 A. Yes.
`l7 a. So I just want to go through
`18 yourbackground.
`19 A. Okay.
`20 a. You are a professor at the
`2l University of Connecticut?
`22 A. Yes.
`23 a.
`In the Dental School?
`24 A. Yes.
`25 a. And what is the Department of
`1 GOLDBERG - HIGHLY CONFIDEN'''ffi,
`2 Reconstructive Sciences, what does that
`3 mean?
`4 A. That's the department that
`5 teaches dental restorations, filling
`6 materials, caps, crowns, dentures. We
`7 also do implants and interface with all
`8 the specialties, endodontics,
`9 periodontics, oral surgery, orthodontics,
`l0 because most cases involve input from
`I 1 others.
`12 a. And you graduated from Drexel
`13 in 1970?
`14 A. Yes.
`l5 a. And you got a bachelors in
`16 metallurgical engineering?
`17 A. Yes.
`18 a. And then you got a masters at
`19 University of Michigan; is that correct?
`20 A. No. I only have one masters
`2l degree, and it is from the University of
`22 l|t4ichiganinl97l.
`23 a. And then you got a Ph.D. there
`24 also?
`25 A. At the University of Michigan,
`4 (Pages 10 - 13)
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`I GOLDBERG - HIGHLY CONFIDEN.Ë'Ãi^--
`2 yes.
`3 Q. And you spent, it looks like,
`4 most of your education is in metallurgy?
`5 A. And dental materials.
`6
`I should comment that my Ph.D.
`7 thesis actually had to do with polymers.
`8 So I'm familiar with polymers as well as
`9 metals and dental materials.
`l0 a. And did you -- it looks like
`I I from your CV you just went straight
`12 through school?
`13 A. I'm sorry?
`14 a.
`It looks like you just went
`15 straight through school. Did you have any
`l6 jobs in between?
`17
`MR. GINSBERG: Objection to the
`l8 form of the question. You can answer.
`19 A. Yes. While at Drexel, it is a
`20 cooperative school, so it is a five-year
`21 program. Basically you go to normal
`22 classes the first nine months and the last
`23 nine months, in between you are six months
`24 in school, six months working.
`25
`So I had a couple ofyears of
`
`1 GoLDBERG - HIGHLY CONFIDENi'Ã'"-'
`2 work experience during my undergraduate.
`3 Q. Where did you work?
`4 A. At the Philadelphia Navy Yard
`5 and at Bethlehem Steel Plant in Indiana.
`6 Q. My grandfather worked in the
`7 mills in Youngstown, a little bit earlier
`8 than that. I think he was retired by
`9 then. So I have some familiarity with
`10 what you do.
`1l A. We could share stories, I'm
`12 sure.
`13 a. Yeah, I'm sure you could.
`14
`So you worked for Bethlehem
`15 Steel. So you were doing more industrial
`16 metallurgy for companies in big
`17 manufacturing?
`18
`MR. GINSBERG: Objection to the
`19 form of the question. You can answer, if
`20 you can.
`2l A. Yes. So when I worked for
`22 BeÍhlehem Steel, it was a brand new steel
`23 plant in Indiana and I was asked to go out
`24 and work with the chief metallurgist. It
`25 was one of the first highly-automated
`
`I GoLDBERG - HIGHLY CoNFIDENi'ii,
`2 facilities.
`3
`So my job was to try to
`4 confirm, specifically I was measuring
`5 temperatures of steel in what's called a
`6 hot rolling mill, so the steel gets rolled
`7 down, they change temperatures, and all
`8 the automation equipment is trying to
`9 monitor the temperature changes and then
`10 adjust the processing simultaneously with
`l1 that.
`12
`And my job was to actually go
`13 down and manually record the temperatures,
`14 compare that to what the automated devices
`15 were monitoring.
`16 a. And did you have any other jobs
`l7 while you were in school?
`l8 A. Yes. I was at the Bethlehem
`l9 Steel -- I'm sony, at the Philadelphia
`20 Navy Shipyard.
`2I a. And what did you do there?
`22 A. I also worked for the chief
`23 metallurgist there, and our job was to do
`24 fallure analysis from components on ships.
`25
`So, for example, if a boiler
`I GoLDBERG - HIGHLY CoNFIDENi'ii'
`2 explodes, we would receive samples. We
`3 would metallurgically prepare them and
`4 then examine them to look at the
`5 structure, and then the chief metallurgist
`6 would do the interpretation. So I was
`7 basically helping to prepare the samples.
`8 Q. When you were in school, did
`9 any ofyour studies involve nickel
`l0 titanium?
`I I A. Yes, just limited, at Michigan
`12 in the area of dental materials, we
`13 studied different alloys. I should
`14 correct that answer. I know we studied
`15 titanium. I just don't recall back in
`16 1970s if we were looking at nickel
`17 titaniums at that same time.
`18 a. So your background is more in
`19 metallurgy, not in the dental sciences?
`20 You are at the dental school, but you are
`2l not a dentist or an endodontist?
`22
`MR. GINSBERG: Objection to the
`23 form of the question. You can answer, if
`24 youcan.
`25 A. Yes. As you know, my Ph.D., I
`5 (Pages 14 - 17)
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`Page 18
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`I GOLDBERG - HIGHLY CONFIDENTIAL
`2 did my Ph.D. in a combined program between
`3 the Dental School and the Engineering
`4 School. And at Michigan at that time they
`5 were just like a block away from each
`6 other. So my laboratory was actually in
`7 the Dental School, and most of my time was
`8 in the Dental School, and my training was
`9 to understand material science, but then
`l0 understand the applications, in this case,
`I I dentistry.
`12
`So I would take what are called
`13 preclinical courses with the dental
`14 students, that is you would be not working
`l5 on a patient, but in a laboratory, just
`16 seeing what the lab technician or the
`17 dentists were trying to achieve so we can
`18 appreciate the applications.
`19 a. That makes sense.
`20
`On the second page ofyour
`2l curriculum vitae, it has what looks like
`22 yourjob experience.
`23 A. Yes.
`24 a. Could you go through that for
`25 me?
`
`I GOLDBERG - HIGHLY CONFIDEN'':'äï'
`2 had an opportunity to do a sabbatical. So
`3 I went to the National Center for Electron
`4 Microscopy, which is at the Lawrence
`5 Berkeley Laboratory, which, if you are not
`6 familiar, is just above the hill from the
`7 University of California at Berkeley.
`8 They share a large campus.
`9
`Then in 1999 I was a visiting
`l0 scientist at the Department of
`I I Biomaterials in relation to dentistry in
`12 London at Queen Mary and Westfield
`13 College. In 1986 I was promoted to
`14 professor, again, which would indicate a
`15 certain level of academic achievement.
`16
`And in'95 I formed and then
`l7 became the director of the Center For
`18 Biomaterials. So this is a group of
`l9 faculty members within our department that
`20 have an interest in biomaterials, and I
`2l try to coordinate those efforts, oversee
`22 lab space, and administrative, as well as
`23 somewhat less now, but also some issues of
`24 what research directions we may want to
`25 take as a group.
`
`I GoLDBERG - HIGHLY CoNFIDENi'ïï'
`2 A. Sure. When you say job
`3 experience, this doesn't include the co-op
`4 experiences that I had as an
`5 undergraduate.
`6
`So going from the bottom up, my
`7 position, my job at the University of
`8 Connecticut was my first job. It has been
`9 my only job. I came on, I was an
`l0 assistant professor, which would be
`1 I typical rank for a beginning new faculty
`l2 member, and I have always essentially been
`13 in the same department, but the department
`14 name has changed over the time from
`15 Restorative Dentistry to Reconstructive
`16 Dentistry. At one point it also included
`17 the term Biomaterials in the name of the
`18 department.
`19
`Then in 1980 I was successfully
`20 reviewed for promotion to associate
`2l professor with tenure. So that would
`22 indicate that I had achieved a certain
`23 level of academic performance that would
`24 wananf that promotion and tenure.
`25
`Then in 7982,I, at the time,
`
`I GOLDBERG - HIGHLY CoNFIDEN'''ïi'
`2
`And specifically right now the
`3 university is going through some major
`4 renovations, so when I get back next week
`5 I have meetings with the architects to
`6 talk about how the labs might be designed.
`7 Q. Do you teach dental students?
`I A. Yes.
`9 Q. And do you teach a materials
`10 class for dental students?
`I I A. Yes.
`12 a. And have you done that since
`13 you started as a professor?
`14 A. Yes. If I can qualify that,I,
`l5 in addition, have taught what are called
`16 residents. So whenyou say dental
`17 students, those are people that are
`18 working to get their dental degree. After
`19 getting their dental degree, they
`20 specialize, orthodontics, endodontics,
`2l oral surgery, prosthodontics.
`22
`So in the past I have taught
`23 dental materials to those groups, and
`24 today I also help supervise research
`25 projects for those students.
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`Page22
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`1 GOLDBERG - HIGHLY CONFIDENTIAL
`2
`In addition, I do teach at the
`3 Engineering School at the main campus, the
`4 University of Connecticut, and supervise
`5 students in their research, typically
`6 biomedical engineering students.
`7 Q. When you did your Ph.D. in
`8 dental materials in 1977, was that at the
`9 Dental School?
`10 A. Can you repeat the question,
`1 I please?
`12 a. When you did your Ph.D. in
`l3 dental materials in 1977, was that at the
`14 Dental School?
`15
`MR. GINSBERG: Objection to the
`l6 form of the question.
`17 A. So I did my degree from'70,
`18 and I should clarify, I started in1970 af
`19 the Engineering School. After one year I
`20 began my Ph.D., and that was a joint
`21 degree between the Dental School and the
`22 Engineering School. So I spent part of my
`23 time in the Engineering School and part of
`24 my time in the Dental School.
`25 a. Do you know what classes the
`1 GOLDBERG. HIGHLY CONFIDENTIAL
`2 dentistry students took in metallurgy or
`3 materials when you were there?
`4
`l|l4R. GINSBERG: Objection to the
`5 form of the question.
`6 A. Which school and what time
`7 point?
`8 Q. When you were at the University
`9 of Michigan in the '70s and studying for
`10 your own courses, are you aware of whether
`1l the dental students took metallurgy or
`12 materials science?
`13
`MR. GINSBERG: Objection to the
`14 form of the question.
`15 A. Yes. It was not referred to
`16 that. Those courses in most dental
`17 schools are called Dental Materials, but
`18 include material science and metallurgy.
`l9 a.
`I'm not sure I understood your
`20 answer. You said it was not referred to
`2l that. Could you please --
`22 A. Correct. This other course in
`23 the Dental School would be called Dental
`24 Materials.
`25
`So Dental Materials, the way
`
`Page 23
`
`I GoLDBERG - HIGHLY CoNFIDEN':'ïL'-
`2 that it was taught at Michigan was
`3 students would learn about basic
`4 materials, metals, polymers, ceramics,
`5 composites. So in describing how metals
`6 work, they are basically taught
`7 metallurgy, but the course is not formally
`8 called that.
`9
`And then they would be taught
`10 what the application is and try to
`1 I understand the basics of the materials so
`12 fhey can understand why that material
`13 selected for that case, why it might have
`14 gone wrong, why it is manipulated a
`15 particular way.
`16 a. But the average dental student
`17 when you were in school in the '70s
`l8 wouldn't have had all the extensive
`19 metallurgy background that you had?
`20
`MR. GINSBERG: Objection to the
`21 form of the question.
`22 A. When you say average, you mean
`23 nationally? At Michigan?
`24 a. Let's start at Michigan. Let
`25 me rephrase my question.
`I GoLDBERG. HIGHLY CoNFIDENi'ii'
`2
`When you were in school doing
`3 your Ph.D. and studying metallurgical
`4 engineering in the '70s and you were
`5 studying with dental students at some
`6 points, right?
`7 A. At some points, correct.
`8 Q. So you are familiar with the
`9 classes the dental students were taking?
`l0 A. No.
`l1 a. Not all of them?
`l2 A. No. I was familiar with the
`13 courses that I was taking with them, but
`14 they took many other courses that I wasn't
`15 taking.
`76 a.
`I guess the thrust of my
`17 question is, when you were studying
`l8 metallurgical engineering, your studies of
`l9 metallurgical engineering were much more
`20 extensive than the dental students?
`2l A. Yes.
`22
`MR. GINSBERG: Objection to the
`23 form of the question.
`24 a. The dental students only took a
`25 couple of classes that would relate to
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`1 coLDBERc - HT.HLY coNFTDEN':tä"
`2 materials?
`3 A. No. All dental students are
`4 required to take Dental Materials. They
`5 cover a wide range of materials. They
`6 focus on the the application and they
`7 understand - they are taught basic
`8 structures of materials.
`9
`I think what you are asking,
`l0 that's in contrast to an engineering
`1l student like myself who might take
`12 thermodynamics of materials.
`13
`Is that what you are asking me?
`14 a. Yeah.
`15 A. Yes.
`L6 a. Dr. Goldberg, do you receive
`17 research grants from time to time?
`18 A. Yes.
`19 a. And do you receive research
`20 grants from any companies, private
`21 companies?
`22 A. I have in the past.
`23 a. What companies? Let's just
`24 talk about the last five years.
`25 A. Let me just think. None in the
`
`I GOLDBERG - HIGHLY CONFIDEN;;;i,
`2 last five years.
`3 Q. None?
`4 A. Yes, from companies.
`5 Q. Were they government grants?
`6
`MR. GINSBERG: Objection to the
`7 form of the question.
`8 A. Some were government grants,
`9 yes.
`10 a. Could you tell me more
`11 specifically what the government grants
`12 were?
`13 A. Sure, I would be glad to.
`14
`Right now my major federal
`15 support, in fact, my only federal support
`16 right now is a training grant. So the
`17 National Institutes of Health would like
`18 to maintain researchers and pipelines to
`19 deal with the questions that are of
`20 interest to them. So to do that they fund
`2l either individuals or universities to
`22 trainthese people.
`23
`So myself and a colleague,
`24 Dr. Mina Mina, are co-directors of the
`25 training grant in skeletal, cranial,
`
`1 GOLDBERG - HIGHLY CONFIDEN'':'ïï-
`2 facial and oralbiology. So that is the
`3 kind of like biological aspects around the
`4 oral cavity. It is a $4 million grant.
`5
`Right now we probably have
`6 actively funded 12 students, but maybe
`7 there is another half dozen that have been
`8 funded by us or will be funded by us. So
`9 ourjob is to provide them research
`10 training.
`I I a. Have you ever received any
`12 research grants or stipends from Dentsply?
`l3 A. Not that I can recall.
`14 a. Have you ever received any
`15 research grants or stipends from US
`16 Endodontics?
`17 A. No.
`18 a. Have you received any research
`19 grants or stipends from any dental
`20 companies?
`2l A. Yes. But my hesitation is some
`22 of those are in confidence, so I don't
`23 know ifl can describe them to you. I
`24 probably shouldn't.
`25 a. Well, we can mark this
`I GOLDBERG - HIGHLY CONFIDENTIAL
`2 transcript confidential.
`3
`MR. GINSBERG: That won't cure
`4 it. Ifhe is subject to confidentiality
`5 agreements that he is not permitted to
`6 disclose the names, then I would caution
`7 the witness not to disclose those names.
`8
`MS. BRENNER-LEIFER: I'mjust
`9 asking for the name of the company with
`10 regard to fìnancial bias.
`I I
`MR. GINSBERG: And I repeat,
`l2 please listen, if he --
`13
`MS. BRENNER-LEIFER: I heard
`14 what you said. I'm asking him more
`l5 questions.
`16
`MR. GINSBERG: I'm --
`I7
`MS. BRENNER-LEIFER: I heard
`18 what you said.
`19
`MR. GINSBERG: I'm going to
`20 state the objection on the record.
`2l
`MS. BRENNER-LEIFER: I heard
`22 your objection. You already stated it.
`23 a. He does not want you to reveal
`24 anythingthat's confidential. I'm just
`25 probing to understand whether it is truly
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`Page 30
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`I GOLDBERG - HIGHLY CONFIDENTIAL
`2 confidential.
`3 A. It is a court mandate. So I
`4 don't know if that -- that to me is
`5 different from confidential. In other
`6 words, I might have a confidentiality
`7 agreement which I think would not allow me
`8 to start, but this was related to a legal
`9 settlement.
`l0 a. Have you received any financial
`l1 payments from any U.S. dental companies?
`12 A. Yes.
`l3 a. And can you just tell me the
`14 name of the company? I don't need to know
`15 anything specific.
`16 A. I can tell you the name of one
`17 of them was Ormco Corporation, it is an
`l8 orthodontic company.
`19 a. Could you spell that, please?
`20 A. Ormco, O-r-m-c-o.
`2l a. Any other companies?
`22 A. The other companies involved --
`23 some of the support did involve this case
`24 that I'm talking about, so I'm -- it was a
`25 legal settlement. There was
`
`I GOLDBERG - HIGHLY CONFIDEN'''ïï'
`2 confidentiality. I guess I'm not sure
`3 what else I can say without breaking that
`4 confidentiality.
`5 Q. So that relates to payments
`6 that related to work you did for the case?
`7 A. No.
`8 Q. I'm asking specifically about
`9 any kind ofresearch or financial support
`l0 you get for your work.
`I I A. For this case?
`12 a. No, at the universify or
`13 otherwise in your normal business.
`14 A. Right. So, first of all,I
`l5 don't receive the money personally. When
`16 we get a grant, it goes to the university.
`l7 There was no support related to this case.
`l8
`I have had support from
`19 companies for my research at the
`20 university, and that has gone to the
`2l university to support the laboratory.
`22 a. Are you on any advisory boards
`23 for companies?
`24 A. No.
`25 a. Do you give talks from time to
`
`1 GOLDBERG - HIGHLY CONFIDENi'äï,
`2 time?
`3 A. Yes.
`4 Q. And do you receive money for
`5 those talks?
`6 A. It depends. Generally I don't.
`7 Q. The university does?
`8 A. No. Generally I talk at
`9 academic and professional meetings or
`10 academic societies, and they only pay my
`I I expenses to give the talk.
`12 a. Have you ever given any talks
`13 sponsoring a particular company for their
`l4 products?
`15 A. I'm sorr5r, I didn't hear the
`l6 question.
`17 a. Have you ever given any talks
`l8 sponsoring a particular company for their
`19 products?
`20
`MR. GINSBERG: Objection to the
`2l forrr, of the question.
`22 A. I'm not sure what you mean by
`23 sponsoring the company.
`24 a. Well, sponsoring a company's
`25 products.
`
`I GOLDBERG - HIGHLY CONFIDEN':'ïï,
`2 A. Oh, sponsoring a company's
`3 products. When we developed the beta
`4 titanium alloys for orthodontic
`5 application, I was asked to give talks
`6 describing the materials. So I did that.
`7 But I wasn't paid for that.
`8
`And I also -- we did some
`9 development work in fiber-reinforced
`l0 composites, and that company asked me to
`I I go to certain dental meetings and give
`12 talks about that. I don't recall if I was
`13 paid or not, I don't believe so, I think
`14 they just paid my expenses.
`15
`This was the concept that it
`l6 was new products, new materials, so
`l7 dentists and lab technicians would be
`18 interested in understanding it, and I was
`19 in a position to explain what the
`20 rationale was for the materials, why they
`2l hadbenefits, those sort of things.
`22 a. And what companies are you
`23 refening to?
`24 A. Those two cases were Ormco and
`25 Pentron Corporation.
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`Page 34
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`1 GOLDBERG - HIGHLY CONFIDENTIAL
`2 Q. Was Ormco for the beta
`3 titanium?
`4 A. Yes.
`5 Q. And could you spell the
`6 other --
`7 A. I'm sorry, I think that's what
`8 was actually called the A Company. I just
`9 don't recall. It was either A Company --
`l0 maybe it was Ormco. I just don't recall
`l l which of those two. It is O-r-m-c-o. And
`12 the other was just capital A Company.
`13 a. And what was the company for
`l4 the fiber-reinforced composites?
`l5 A. Pentron, P-e-n-t-r-o-n.
`l6 a. Do you know anyone that works
`17 at US Endo?
`18 A. No.
`l9 a. Do you know anyone that works
`20 atBdgeEndo?
`2l A. No.
`22 a. Did you become an expert in
`23 this case through their attorneys?
`24
`MR. GINSBERG: Objection to the
`25 form of the question.
`
`1 GOLDBERG - HIGHLY CONFIDEN;'äï'
`2 A. I'm sorr1,, through which
`3 attorneys?
`4 Q. Through US Endo's attorneys.
`5 A. Well, I assume that means
`6 Kenyon & Kenyon, and yes, they were the
`7 ones that contacted me.
`8
`(Goldberg Exhibit 3 marked for
`9 identification.)
`10 a. Dr. Goldberg, we have marked
`1l for the record as Exhibit 3 your
`12 supplemental expert report.
`13 A. Yes.
`14 a.
`'When did you prepare this
`15 report?
`16 A. Within the last couple of
`17 weeks.
`18 a. And what precipitated you to
`19 prepare that report?
`20 A. The attorneys at Kenyon &
`21 Kenyon asked me to look at the section of
`22 lrhirl< it was Sinclair or Luebke and
`23 their definition of ordinary skill, and I
`24 felt it was nonspecific, most notable it
`25 would have allowed somebody with training
`
`I GoLDBERG - HIGHLY CoNFIDENi'ii,
`2 in a totally unrelated field to be
`3 considered one of ordinary skill, so
`4 working together we revised the
`5 definition.
`6 Q. V/hy didn't you include a
`7 definition of a person of ordinary skill
`8 in your first report?
`9 A. I wasn't asked to do so.
`10 a. Had you given it any thought?
`1l A. No.
`12 a.
`In your --
`l3 A. Let me say that whenever I'm
`14 reading documents and it says person of
`15 ordinary skill, then I'm thinking about
`16 what that person should be. But as far as
`17 modifying the definition, the attorneys
`l8 called me and specifically asked me to
`19 look at that, and then in reading it
`20 closely, the Sinclair and Luebke
`2l definitions, I felt that it was
`22 nonspecific, particularly as it relates to
`23 allowing somebody with no training in
`24 materials or dentistry to potentially be
`25 considered one ofordinary skill.
`1 GoLDBERG - HIGHLY CoNFIDENi'äi'
`2 Q. But when you wrote your first
`3 report, your attorneys did not ask you to
`4 define who a person of ordinary skill in
`5 the art was?
`6 A. I don't recall. But if it
`7 wasn't in the report, then I imagine they
`8 did not.
`9
`(Goldberg Exhibit 4 marked for
`10 identification.)
`I I a. Dr. Goldberg, having offered a
`l2 supplemental report in this case and
`13 having had an opportunity to supplement
`14 your first report, do you feel that you've
`15 now provided a complete summary of your
`16 opinions for this case?
`17
`MR. GINSBERG: Objection to the
`18 form ofthe question.
`l9 A. Yes, of the opinions I've been
`20 asked to, I have.
`2l a. We have marked as Goldberg
`22 Exhlbit 4 your first expert report.
`23
`MR. GINSBERG: I will just
`24 object. It is not his first expert
`25 report. It is incomplete. It does not
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`1 GOLDBERG - HIGHLY CONFIDEN.'I'ïI'
`2 include the exhibits.
`3
`And since we are getting into a
`4 document that has been marked highly
`5 confidential pursuant to the protective
`6 order, I would like to designate this
`7 transcript highly confidential pursuant to
`8 the protective order.
`9 Q. Could you look at the body of
`l0 this document and tell me if this part is
`I I complete.
`12
`MR. GINSBERG: Objection to the
`13 form of the question. And regarding
`14 completeness, as I have stated, we object
`15 to this document as it does not include
`16 the exhibits.
`I7
`(Witness perusing document.)
`18 A. Other than the references, it
`19 appears to be complete.
`20 a. You mean the prior art
`2l references that were attached to your
`22 report?
`23
`MR. GINSBERG: Objection.
`24 A. All the references that were
`25 attached to the report.
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`Page 39
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`I GOLDBERG - HIGHLY CONFIDENTIAL
`2
`]|;/.S. BRENNER-LEIFER: I would
`3 like to take a five-minute break.
`4
`THE VIDEOGRAPHER: This ends
`5 tape number