Served on behalf of: Gold Standard Instruments, LLC Paper ____
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`By:
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` Date filed: Aug. 12, 2016
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`Joseph A. Hynds, Lead Counsel
`Steven Lieberman, Back-up Counsel, Pro Hac Vice
`R. Elizabeth Brenner-Leifer, Back-up Counsel
`C Nichole Gifford, Back-up Counsel
`Derek F. Dahlgren, Back-up Counsel, Pro Hac Vice
`Jason M. Nolan, Back-up Counsel
`ROTHWELL, FIGG, ERNST & MANBECK, P.C.
`607 14th Street, N.W., Suite 800
`Washington, DC 20005
`Phone: 202-783-6040
`Facsimile: 202-783-6031
`Emails: jhynds@rothwellfigg.com
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` slieberman@rothwellfigg.com
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` ebrenner@rothwellfigg.com
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` ngifford@rothwellfigg.com
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` ddahlgren@rothwellfigg.com
` jnolan@rothwellfigg.com
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`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 PGR2015-00019
`Patent 8,876,991 B2
`_______________
`
`PATENT OWNER’S OBJECTIONS TO PETITIONER’S EVIDENCE
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`
`
`

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`Pursuant to 37 C.F.R. § 42.64(b)(1), Patent Owner, Gold Standard
`
`Case PGR2015-00019
`Patent 8,876,991 B2
`
`
`
`Instruments, LLC, objects to the following evidence submitted by Petitioner with
`
`its Reply In Support of Petition for Post Grant Review of U.S. Patent
`
`No. 8,876,991 B2 (Paper No. 31).
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`Evidence Submitted by Petitioner
`Ex. 1040
`Excerpts of Deposition Transcript of
`Neill H. Luebke, D.D.S., M.S., Dec. 9,
`2015, US Endodontics, LLC v. Gold
`Standard Instruments, LLC, IPR2015-
`00632, Ex. 1038 (P.T.A.B.)
`Ex. 1043
`Excerpts of Claim Construction
`Hearing Transcript, June 14, 2016,
`Dentsply International, Inc. v.
`US Endodontics, LLC, Case No. 2:14-
`CV-196 (E.D. Tenn.)
`
`Ex. 1044
`Excerpts of Deposition Transcript of
`Neill H. Luebke, D.D.S., M.S., June 2,
`2016, Dentsply International, Inc. v.
`US Endodontics, LLC, Case No. 2:14-
`CV-196 (E.D. Tenn.)
`Ex. 1045
`Excerpts of Deposition Transcript of
`Robert Sinclair, Ph.D., Jan. 18, 2016,
`US Endodontics, LLC v. Gold Standard
`Instruments, LLC, IPR2015-00632, Ex.
`1040 (P.T.A.B.)
`
`Patent Owner’s Objections
`This exhibit is objected to as improper
`hearsay (Fed. R. Evid. 801–802), and as
`incomplete because it omits portions of
`the transcript that in fairness should be
`considered with the selectively cited
`portions (Fed. R. Evid. 106).
`This exhibit is objected to as irrelevant to
`the grounds upon which trial has been
`instituted (Fed. R. Evid. 401–403), as
`improper hearsay (Fed. R. Evid. 801–
`802), and as incomplete because it omits
`portions of the transcript that in fairness
`should be considered with the selectively
`cited portions (Fed. R. Evid. 106).
`This exhibit is objected to as improper
`hearsay (Fed. R. Evid. 801–802), and as
`incomplete because it omits portions of
`the transcript that in fairness should be
`considered with the selectively cited
`portions (Fed. R. Evid. 106).
`This exhibit is objected to as irrelevant to
`the grounds upon which trial has been
`instituted (Fed. R. Evid. 401–403), as
`improper hearsay (Fed. R. Evid. 801–
`802), and as incomplete because it omits
`portions of the transcript that in fairness
`should be considered with the selectively
`cited portions (Fed. R. Evid. 106).
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`2
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`

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`The foregoing objections are made within five business days of service of
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`Case PGR2015-00019
`Patent 8,876,991 B2
`
`
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`evidence to which the objection is directed in accordance with 37 C.F.R.
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`§ 42.64(b)(1).
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`Respectfully submitted,
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`Dated: August 12, 2016
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`
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`By: / Jason M. Nolan /
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`Jason M. Nolan, Reg. No. 72,427
`ROTHWELL, FIGG, ERNST &
`MANBECK, P.C.
`607 14th St., N.W., Suite 800
`Washington, DC 20005
`Phone: 202-783-6040
`Facsimile: 202-783-6031
`
`Counsel for Patent Owner
`Gold Standard Instruments, LLC
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`3
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`CERTIFICATE OF SERVICE
`
`Case PGR2015-00019
`Patent 8,876,991 B2
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`I hereby certify that on this 12th day of August 2016, a true and correct copy
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`of the foregoing PATENT OWNER’S OBJECTIONS TO PETITIONER’S
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`EVIDENCE was served, via electronic mail upon the following counsel for
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`Petitioner US Endodontics, LLC:
`
`Jeffrey S. Ginsberg, Esq.
`Abhishek Bapna, Esq.
`Patterson Belknap Webb & Tyler LLP
`1133 Avenue of the Americas
`New York, NY 10036-6710
`Phone: 212-336-2630
`Facsimile: 212-336-1270
`Emails: jginsberg@pbwt.com
`abapna@pbwt.com
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`
`
`
`/ Erik van Leeuwen /
`Erik van Leeuwen
`Litigation Operations Coordinator
`Rothwell, Figg, Ernst & Manbeck, P.C.
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