Bobby Bennett <BobbyBennett@dsdental.net>
`nfluebke@execpc. com <nfluebke@execpc. com>
`Steve Treadway <STreadway@dsdental.net>
`7/6/2010 9:33:02 AM
`RE: My recent visit
`
`From:
`To:
`CC:
`Sent:
`Subject:
`
`Hello Neill,
`
`Thanks for coming to visit with us and the constructive discussion we were able to begin. Once
`you have your expense report completed just send it to my attention and as discussed with
`Fran, I will pick up 50% of the cost. I have listed below a starting point for our future
`discussions.
`
`D&S Dental will engage you as an expert consultant on the benefits of advanced technology in
`endodontic care. We'll need to talk about the scope of your work for D&S Dental, your
`availability, the term of the consulting contract [say 5 years], and your compensation.
`
`In a separate agreement D&S Dental will purchase the rights to your inventions and will pay
`-
`you a royalty on the products we sell that use your technology. This royalty agreement will
`need to be drafted but there are some issues that can be listed right away:
`
`a. The royalty percentage; we suggest [2.0%].
`b. The definition of "products using your technology" will need to be refined.
`c. The term of the agreement; we suggest [17] years.
`d. Our ability to patent future inventions that may depend on the art in your present
`invention.
`e. How we work with the US patent office to resolve your present patent application.
`
`D&S Dental and its founders have a track record of successful commercialization, and I believe
`that combining our efforts will lead to successful commercialization of our ideas. If you have
`any questions or if you think I missed something, please call me right away.
`
`Take care
`BB
`
`Bobby Bennett
`Vice President/General Manager
`DS Dental, LLC
`3111 Hanover Road
`Johnson City, TN 37604
`
`(423) 433-6406 Direct
`(423) 928-1299
`Ext: 206
`(423( 747-5947 Mobile
`(423) 928-1266
`Fax
`
`http://dsdental.net
`
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`is strictly prohibited.
`This e-mail transmission, and any documents, files or previous e-mail messages attached to it,
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`contains. Please delete
`it immediately and notify us by return email or by telephone 423-928-1299.
`
`-----Original Message-----
`From: Fran & Neill Luebke [mailto:nfluebke@execpc.com]
`Sent: Sunday, June 27, 2010 10:40 PM
`
`GOLD STANDARD EXHIBIT 2038
`US ENDODONTICS v. GOLD STANDARD
`CASE PGR2015-00019
`
`

`
`To: Bobby Bennett
`Subject: My recent visit
`
`Bobby,
`
`I just wanted to let you know that I appreciated the opportunity to
`visit D&S Dental and meet you and the other staff. Of course I enjoyed
`talking shop with you and the dentist you brought in for the meeting.
`
`Your excellent "shuttle services" were appreciated and I enjoyed dinner
`with you and your wife Melissa. My wife informed me that ancestry.com, a
`subscription genealogy site, has some Native A~erican records including
`databases. I couldn't tell her a name or what tribe her ancestor
`belonged to, so she only did a word search on Cherokee to see what came up.
`
`I just wanted to let you know that I tried to be as candid as I could
`under the current constraints and sensed that you probably felt the same
`way. This is why I suggested that we let our attorneys handle proposals
`that might emerge from our meeting.
`
`Looking forward to a continued relationship,
`
`Neill