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` UNITED STATES DISTRICT COURT
` FOR THE EASTERN DISTRICT OF TENNESSEE
` GREENEVILLE DIVISION
` - - - - - - - - - - - - -x
` :
` DENTSPLY INTERNATIONAL, :
` INC., and TULSA DENTAL :
` PRODUCTS LLC d/b/a TULSA :
` DENTAL SPECIALTIES, :
` Plaintiffs, : Case No.
` :
` v. : 2:14-cv-00196
` :
` US ENDODONTICS, LLC, :
` :
` Defendant. :
` :
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` HIGHLY CONFIDENTIAL
` OUTSIDE COUNSELS' EYES ONLY
`
` Videotaped Deposition of NEILL H. LUEBKE,
`called for oral examination by counsel for Plaintiff,
`pursuant to notice, at the law firm of Rothwell,
`Figg, Ernst & Manbeck, P.C., 607 14th Street,
`Northwest, Suite 800, Washington, D.C. 20005, on
`June 2, 2016, before Christina S. Hotsko, RPR,
`a Notary Public in and for the District of Columbia
`Virginia, beginning at 9:16 a.m., when were present
`on behalf of the respective parties:
`
`212-279-9424
`
`Veritext Legal Solutions
`www.veritext.com
`
`212-490-3430
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`PGR2015-00019 – Ex. 1044
`US Endodontics, LLC, Petitioner
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`OUTSIDE COUNSELS' EYES ONLY
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`Page 1
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` UNITED STATES DISTRICT COURT
` FOR THE EASTERN DISTRICT OF TENNESSEE
` GREENEVILLE DIVISION
` - - - - - - - - - - - - -x
` :
` DENTSPLY INTERNATIONAL, :
` INC., and TULSA DENTAL :
` PRODUCTS LLC d/b/a TULSA :
` DENTAL SPECIALTIES, :
` Plaintiffs, : Case No.
` :
` v. : 2:14-cv-00196
` :
` US ENDODONTICS, LLC, :
` :
` Defendant. :
` :
` - - - - - - - - - - - - -x
` HIGHLY CONFIDENTIAL
` OUTSIDE COUNSELS' EYES ONLY
`
` Videotaped Deposition of NEILL H. LUEBKE,
`called for oral examination by counsel for Plaintiff,
`pursuant to notice, at the law firm of Rothwell,
`Figg, Ernst & Manbeck, P.C., 607 14th Street,
`Northwest, Suite 800, Washington, D.C. 20005, on
`June 2, 2016, before Christina S. Hotsko, RPR,
`a Notary Public in and for the District of Columbia
`Virginia, beginning at 9:16 a.m., when were present
`on behalf of the respective parties:
`
`212-279-9424
`
`Veritext Legal Solutions
`www.veritext.com
`
`212-490-3430
`
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`PGR2015-00019 – Ex. 1044
`US Endodontics, LLC, Petitioner
`
`
`
`HIGHLY CONFIDENTIAL
`OUTSIDE COUNSELS' EYES ONLY
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`Page 2
`
` A P P E A R A N C E S
`
`On Behalf of Plaintiff:
` DEREK F. DAHLGREN, ESQUIRE
` JASON NOLAN, ESQUIRE
` Rothwell, Figg, Ernst & Manbeck, P.C.
` 607 14th Street Northwest, Suite 800
` Washington, D.C. 20005
` (202) 783-6040
`
`On Behalf of Defendant:
` JEFFREY S. GINSBERG, ESQUIRE
` Patterson Belknap Webb & Tyler, LLP
` 1133 Ave of the Americas
` New York, New York 10036
` (212) 336-2000
`
`Also Present:
` CARLOS GARCIA, Video Technician
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`Veritext Legal Solutions
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`212-490-3430
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`HIGHLY CONFIDENTIAL
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`Page 99
`Example 4 would immediately understand that the
`entire shank has to be heat treated in the furnace
`using a closed system due to the use of argon.
` MR. DAHLGREN: Objection to form.
`Mischaracterizes testimony.
` THE WITNESS: That's correct.
`BY MR. GINSBERG:
` Q. Did you ever tell the Patent Office that
`this was not correct?
` MR. DAHLGREN: Objection to form.
` THE WITNESS: Did we ever contradict
`ourselves? Is that what you're saying?
`BY MR. GINSBERG:
` Q. Well, did you ever tell the Patent
`Office -- let me withdraw that question.
` Dr. Luebke, who is Robert Streebing?
` A. Robert is a line manager -- well, I don't
`-- I don't know the title. He works for Bodycote
`in Sturtevant, Wisconsin.
` Q. Does he still work for Bodycote?
` A. I believe he does.
` Q. When was the last time you spoke with
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`Page 100
`
`Mr. Streebing?
` A. I don't know the exact date, but
`recently.
` Q. And why were you speaking with
`Mr. Streebing recently?
` A. Do some heat treating.
` Q. What treating -- what heat treating did
`you have Mr. Streebing do?
` MR. DAHLGREN: Dr. Luebke, I'm just going
`to caution you not to divulge anything that may be
`privileged or work product that you're doing at
`the instruction of your -- your attorney.
` THE WITNESS: He did heat treating on
`some endodontic files that I provided.
`BY MR. GINSBERG:
` Q. When?
` A. I don't know a specific date.
` Q. About how long ago?
` A. A few months ago.
` Q. What files did you provide him with?
` A. Some superelastic NiTi number 40s.
` Q. When you say "number 40s," what does that
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`Page 101
`
`mean?
` A. They were standard files, 4002.
` Q. Where did you obtain those files?
` A. From my supply.
` Q. Who's your supply?
` A. I don't remember which -- which files
`they came from. I have a -- I have a lot of files
`at home.
` Q. When you say -- I'm sorry, did you say
`number 40?
` A. Uh-huh.
` Q. And what does number 40 relate to?
` A. It's a size.
` Q. What is that size?
` A. Forty.
` Q. Forty what? What's the actual
`dimensions?
` A. It's a --
` MR. DAHLGREN: Objection to form.
` THE WITNESS: It's -- it's a standard
`file, so to -- taper and it has the -- the tip
`apex is -- the tip is a 40.
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`212-490-3430
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`Page 102
`
`BY MR. GINSBERG:
` Q. What's the length of the file?
` A. It was -- it was probably -- what is
`it -- 32 millimeters, something like that.
` Q. How about the diameter?
` A. That's what a 40 -- it's a standard file.
` Q. Is that at the tip or is that at the --
` A. At the tip. Yeah.
` Q. What was the taper?
` A. 02. It's a standard file.
` Q. And you don't recall where you obtained
`those from? Who supplied them to you, the
`manufacturer?
` A. I have files from Miltex; I have files
`from Maillefer; I have files from Colding Wield.
`I have lots of files, and I don't recall what
`brand they were.
` Q. You also have files from Dentsply,
`correct?
` A. Well, that's Maillefer. Yeah, Dentsply.
` Q. How many files did you send to
`Mr. Streebing?
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`Page 103
`
` A. Ten.
` Q. And what treatment parameters did you
`advise Mr. Streebing to apply to those ten files?
` A. 300 degrees C, 24 hours.
` Q. Where do you come up with 24 hours?
` A. I thought it was reasonable that one
`could determine that 24 hours would denote
`permanent deformation on a file.
` Q. Why did you think that was reasonable?
` A. Because I think it -- because I thought
`it would -- it would do it.
` Q. Based on what?
` A. Become permanently deformed using bend
`test.
` Q. What was your basis for using 24 hours?
` A. I messed around with some files earlier
`and found that 24 hours is a very safe number.
` Q. What messing around -- can you describe
`the messing around that you did?
` A. Yeah. I had -- I had a -- I had a
`burnout furnace and I put some files in it.
` Q. And what heat treatment times did you
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`212-490-3430
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`Page 104
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`apply?
` A. 24 hours.
` Q. You just went right to 24 hours?
` A. Yeah.
` Q. Now, you understand -- well, let me ask
`you this: The only specific heat treatment time
`in the examples of your patent is 75 minutes,
`correct?
` MR. DAHLGREN: Objection to form.
` THE WITNESS: I think that's right.
`BY MR. GINSBERG:
` Q. And have you been informed of any
`treatment times that US Endodontics is applying to
`its files?
` A. I missed that question.
` Q. Have you been informed of any heat
`treatment times that US Endodontics uses to heat
`treat its files?
` A. Oh, no.
` Q. Did counsel tell you to use 24 hours to
`heat treat the files, or did you come up with it
`on your own?
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`www.veritext.com
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`212-490-3430
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`
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