`
`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF TENNESSEE
` GREENEVILLE
`
`
`
`DENTSPLY INTERNATIONAL, . DOCKET NO. CV-2-14-196
`INC. AND TULSA DENTAL .
`PRODUCTS LLC D/B/A TULSA .
`DENTAL SPECIALTIES, .
` .
`PLAINTIFFS, .
`.
`VS. . GREENEVILLE, TN
`. NOVEMBER 25, 2014
`US ENDODONTICS, LLC, . 9:05 A.M.
`. VOLUME I
`DEFENDANT. .
`.
`. . . . . . . . . .
`
`
`
`TRANSCRIPT OF MOTION HEARING
`BEFORE THE HONORABLE J. RONNIE GREER
`UNITED STATES DISTRICT JUDGE
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`PGR2015-00019 - Ex. 1013
`US ENDODONTICS, LLC., Petitioner
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`APPEARANCES:
`
`FOR THE PLAINTIFFS: ROTHWELL, FIGG, ERNST &
` MANBECK, P.C.
` STEVEN LIEBERMAN, ESQ.
` DEREK F. DAHLGREN, ESQ.
` R. ELIZABETH BRENNER-LEIFER, ESQ.
` 607 14TH STREET, N.W.
` SUITE 800
` WASHINGTON, D.C. 2005
` HUNTER, SMITH & DAVIS
` JIMMIE C. MILLER, ESQ.
` 1212 N. EASTMAN RD.
` P.O. BOX 3740
` KINGSPORT, TN 37664
`
`FOR THE DEFENDANT: KENYON & KENYON LLP
` JEFFREY S. GINSBERG, ESQ.
` MATTHEW G. BERKOWITZ, ESQ.
` ONE BROADWAY
` NEW YORK, NY 10004
` WILSON WORLEY MOORE GAMBLE &
` STOUT, PC
` ROBERT L. ARRINGTON, ESQ.
` P.O. BOX 88
` KINGSPORT, TN 37662
`
`COURT REPORTER: KAREN J. BRADLEY
` RPR-RMR
` U.S. COURTHOUSE
` 220 WEST DEPOT STREET
` GREENEVILLE, TN 37743
`PROCEEDINGS RECORDED BY MECHANICAL STENOGRAPHY, TRANSCRIPT
`PRODUCED BY COMPUTER.
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`PGR2015-00019 - Ex. 1013
`US ENDODONTICS, LLC., Petitioner
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`AND, SECOND OF ALL, YOU CAN IMAGINE IF WE -- IF YOU -- IF
`WE GO BACK TO THE, TO THE ORIGINAL DRAWING ON THE 4A,
`THOSE ARE DELICATE ROOTS; AND IF YOU START TAKING A LOT OF
`STRUCTURE OUT OF THERE BECAUSE YOU WANT IT LARGER, YOU'RE
`GOING TO START TO COMPROMISE THE TOOTH, AND THAT'S WHAT
`HAPPENED. AND THE ENDODONTIC SOCIETY SAID, WAIT A MINUTE,
`WE'RE TAKING OUT TOO MUCH, WE'VE GOT TO STOP, THESE
`GREATER TAPERS ARE KILLING THESE TEETH.
`Q.
`NOW, DR. LUEBKE, IN YOUR PRACTICE WERE YOU STILL
`GETTING -- WITHDRAWN. DR. LUEBKE, WERE DENTISTS STILL
`GETTING ZIPPING, LEDGING AND PERFORATING WITH THE
`NICKEL-TITANIUM FILES?
`A.
`WELL, SURE, BECAUSE THE THING ABOUT THE
`NICKEL-TITANIUM, IT'S -- I'M GOING TO USE SOME TERMS --
`IT'S A SHAPE MEMORY ALLOY.
`COURT REPORTER: IT'S A WHAT?
`A SHAPE MEMORY ALLOY, S M A. AND WHAT THAT MEANS IS
`A.
`THAT IT'S SUPERELASTIC AND IT HAS SHAPE MEMORY. WHAT IT
`WANTS TO BE IS IT WANTS TO BE STRAIGHT; AND AS I DEMON-
`STRATED BEFORE, WE BEND THE FILE, IT STILL WANTS TO BE
`STRAIGHT. SO WHEN I ENTER A CANAL, EVEN THOUGH IT'S MORE
`FLEXIBLE THAN A STAINLESS STEEL, IT STILL WANTS TO BE
`STRAIGHT. SO YOU CAN STILL LEDGE, YOU CAN STILL ZIP, YOU
`CAN STILL STRIP, YOU CAN STILL DO ALL THE THINGS THAT YOU
`DID, AND WITH A ROTARY YOU CAN DO IT FASTER.
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`PGR2015-00019 - Ex. 1013
`US ENDODONTICS, LLC., Petitioner
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`AND IN ADDITION TO USING THE NICKEL-TITANIUM FILES
`Q.
`ONLY BY HAND IN YOUR PRACTICE, DID YOU DO ANYTHING TO TRY
`TO ADDRESS THIS PROBLEM?
`A.
`WELL, I APPROACHED IT AS A RESEARCH PROJECT AGAIN,
`AND SO I -- IN 1995 I STARTED TO TAKE THE NICKEL-TITANIUM,
`AND AGAIN I USED THE -- I ALREADY MENTIONED THE ISO
`3630-1, I STARTED TO TEST THE FILES IN 1985 DOWN AT ADA
`AND TRIED TO SEE WHAT WAS GOING ON WITH THEM. I HAD A
`PROJECT THAT I WAS WRITING A PAPER FOR, SO IN '98 I WENT
`OVER TO SWITZERLAND TO THE MAILLEFER COMPANY, WHICH I HAD
`WORKED AT DOING RESEARCH THERE BEFORE; AND I WORKED IN '98
`ON THE NICKEL-TITANIUM TRYING TO DETERMINE WHAT WAS GOING
`ON, AND I WASN'T GETTING WHERE I WANTED TO GET TO. THERE
`HAD TO BE A PARADIGM SHIFT SOMEWHERE.
`Q.
`WHAT ADDITIONAL WORK DID YOU DO TO TRY TO ADDRESS
`THE PROBLEM WITH THE UNHEATED NICKEL-TITANIUM BREAKING IN
`THE TEETH?
`A.
`MY FIRST THOUGHT WAS THAT MAYBE THEY WEREN'T SHARP
`ENOUGH AND WHAT WAS HAPPENING IS THEY WERE DULLING; AND AS
`THEY WERE WORKING AND WORKING AND WORKING, THEY WERE
`BREAKING, SO THEY WERE IN TOO LONG, THEY WEREN'T CUTTING
`AND GETTING OUT. SO MY FIRST THOUGHTS WERE WHAT IF I WERE
`TO DIAMOND COAT THAT. WELL, THERE'S SEVERAL PROBLEMS WITH
`DIAMOND COATING THE INSTRUMENTS AFTER I MET WITH THE
`DIAMOND COATERS, AND I SOON ABANDONED THAT; AND I'M TRYING
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`PGR2015-00019 - Ex. 1013
`US ENDODONTICS, LLC., Petitioner
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`TO MODIFY THE INSTRUMENT, CUTTING WITH -- OKAY, LET'S CUT
`IT. NO, THAT DIDN'T WORK, BUT I KNOW -- I STILL THINK
`SHARPNESS IS THE IDEA. SO THERE'S A HEAT TREATING COMPANY
`IN MY LITTLE TOWN, AND I DON'T KNOW IF YOU'VE BEEN TO THE
`HARDWARE STORE AND YOU SEE THESE GOLD COATED DRILLS THAT
`CUT BETTER, AND THEY TALK ABOUT IT, THEY COAT THAT WITH
`SOMETHING CALLED TIN, AND THAT'S SHORT FOR TITANIUM
`NITRIDE; AND THE PROCESS -- I'LL TRY NOT TO BORE YOU, BUT
`THE PROCESS IS THEY PUT IT IN A HEATED CHAMBER. THEY PUT
`NITROGEN AROUND THE INSTRUMENT THEY'RE WORKING ON, IN THIS
`CASE IT'S MY DENTAL INSTRUMENT, AND THEN THERE'S A
`TITANIUM ROD THAT THEY PUT A CURRENT ACROSS AND ATOMIZE
`IT, AND THE NITROGEN AND THE TITANIUM GLOB ONTO
`THE WHATEVER IS INSIDE. THAT MAKES IT SHARP. SO I DID
`THAT, AND I WENT DOWN TO THE AMERICAN DENTAL ASSOCIATION,
`THE ADA, AND I TESTED THEM AGAIN, 3630-1. WOW, THEY WERE
`STARTING TO, STARTING TO DO ALL RIGHT; AND SO I THEN
`CONTACTED MAILLEFER AND SAID, I'M GOING TO SEND YOU SOME
`FILES, LET'S TEST THESE OVER AT YOUR PLACE; AND I KIND OF
`LIKE TO THINK MAYBE I HAD -- I HAD SOME PROBLEMS WITH THE
`TIN COATING, SO I SAID, WHY DON'T WE JUST REMOVE THE TIN
`AND WHY DON'T WE JUST DO THE HEAT.
`Q.
`DID YOU HAVE AN NDA WITH MAILLEFER AT THIS TIME?
`A.
`YES, I HAD A NDA WITH MAILLEFER.
`Q.
`AND WHERE IS MAILLEFER LOCATED?
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`PGR2015-00019 - Ex. 1013
`US ENDODONTICS, LLC., Petitioner