`
`By:
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`
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`Paper _____
`
`
`
`
`
`
`
`
`
`
`
`Date filed: September 20, 2016
`
`Joseph A. Hynds, Lead Counsel
`Steven Lieberman, Back-up Counsel (Pro Hac Vice)
`C. Nichole Gifford, Back-up Counsel
`R. Elizabeth Brenner-Leifer, 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@rfem.com
` slieberman@rfem.com
` ngifford@rfem.com
` ebrenner@rothwellfigg.com
` ddahlgren@rfem.com
` jnolan@rfem.com
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
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`US ENDODONTICS, LLC,
`Petitioner,
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`v.
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`GOLD STANDARD INSTRUMENTS, LLC,
`Patent Owner.
`_______________
`
`Case PGR2015-00019
`Patent 8,876,991 B2
`_______________
`
`PATENT OWNER GOLD STANDARD INSTRUMENTS, LLC’S
`REQUEST FOR ORAL ARGUMENT
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`
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`
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`Case PGR2015-00019
`Patent 8,876,991 B2
`
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent & Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`Pursuant to the Scheduling Order, dated January 29, 2016 (Paper 18) and the
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`Joint Stipulation Regarding Due Dates 4 and 5, filed August 30, 2016 (Paper 34),
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`Patent Owner Gold Standard Instruments, LLC (“Patent Owner”) respectfully
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`requests oral argument, which is scheduled to be held on October 19, 2016.
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`Pursuant to 37 C.F.R. § 42.70(a), Patent Owner identifies the following
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`issues as among those to be argued:
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`(1) Whether Petitioner has met its burden of proving claims 12–16 are
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`unpatentable under 35 U.S.C. § 112 for lack of enablement;
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`(2) Whether Petitioner has met its burden of proving claims 12–16 are
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`unpatentable under 35 U.S.C. § 112 for lack of written description;
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`(3) Whether Petitioner has met its burden of proving claims 12–16 are
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`unpatentable under 35 U.S.C. § 102 as being anticipated by Luebke 2008;
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`(4) Whether Petitioner has met its burden of proving claim 15 is unpatentable
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`under 35 U.S.C. § 103 over Luebke 2008 alone or in view of Heath or
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`ISO 3630-1;
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`(5) Whether Petitioner has met its burden of proving claims 12–14 and 16 are
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`unpatentable under 35 U.S.C. § 102 as being anticipated by Kuhn;
`2
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`
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`(6) Whether Petitioner has met its burden of proving claim 15 is unpatentable
`
`Case PGR2015-00019
`Patent 8,876,991 B2
`
`
`under 35 U.S.C. § 103 over Kuhn alone or in view of Heath or ISO 3630-1; and
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`(7) Any other issues raised in the Petition, Patent Owner’s Preliminary
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`Response, Patent Owner’s Response, Petitioner’s Reply to Patent Owner’s
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`Response, Petitioner’s Request for Oral Argument, or otherwise raised by the
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`Patent Owner, Petitioner, or the Board.
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`
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`Patent Owner requests the ability to use audio/visual equipment to display
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`demonstrative exhibits, including the use of a projector and screen for PowerPoint
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`or other visual display.
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`Respectfully submitted,
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`Dated: September 20, 2016
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`
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`
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`By: / Joseph A. Hynds /
`
`Joseph A. Hynds, Reg. No. 34,627
`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
`
`3
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`
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`CERTIFICATE OF SERVICE
`I hereby certify that on this 20th day of September 2016, a true and correct
`
`Case PGR2015-00019
`Patent 8,876,991 B2
`
`
`copy of the foregoing PATENT OWNER GOLD STANDARD
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`INSTRUMENTS, LLC’S REQUEST FOR ORAL ARGUMENT was served,
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`via electronic mail, upon the following counsel of record for Petitioner US
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`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: 212-336-2000
`Facsimile: 212-336-2222
`Emails: jginsberg@pbwt.com
`abapna@pbwt.com
`
`
`
`1
`
`/ Erik van Leeuwen /
`Erik van Leeuwen
`Litigation Operations Coordinator
`Rothwell, Figg, Ernst & Manbeck, P.C.
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