Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA386708
`ESTTA Tracking number:
`01/05/2011
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`92050171
`Plaintiff
`DePuy, Inc.
`JOE D. LEWIS
`BARNES & THORNBURG LLP
`750 17TH ST NW STE 900
`WASHINGTON, DC 20006
`UNITED STATES
`xlewis@btlaw.com
`Other Motions/Papers
`Joseph D. Lewis
`xlewis@btlaw.com
`/JDL/
`01/05/2011
`Notice of Filing Deposition of John R. Tighe.pdf ( 229 pages )(10239670 bytes )
`
`Proceeding
`Party
`
`Correspondence
`Address
`
`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
`
`
`ESTTA386708
`ESTTA Tracking number:
`01/05/2011
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`92050171
`Plaintiff
`DePuy, Inc.
`JOE D. LEWIS
`BARNES & THORNBURG LLP
`750 17TH ST NW STE 900
`WASHINGTON, DC 20006
`UNITED STATES
`xlewis@btlaw.com
`Other Motions/Papers
`Joseph D. Lewis
`xlewis@btlaw.com
`/JDL/
`01/05/2011
`Notice of Filing Deposition of John R. Tighe.pdf ( 229 pages )(10239670 bytes )
`
`Proceeding
`Party
`
`Correspondence
`Address
`
`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARI)
`
`DePuy, Inc.,
`
`Petitioner,
`
`VS.
`
`Peak Surgical, Inc.,
`
`Respondent
`
`Cancellation No. 9205017 1
`Reg. No. 2,679,873
`
`NOTICE OF FILING DEPOSITION OF JOHN R. TIGHE
`
`In support of Petitioner's Motion for Sanctions, Petitioner hereby submits the non-
`
`confidential portions of the transcript of the Deposition of Mr. John R. Tighe.
`
`Respectfully submitted,
`
`DePuy, Inc.
`
`Joseph D. Lewis
`Attomey for Petitioner
`Barnes & Thomburg LLP
`750 nth Street, N.W.
`V/ashington, D.C. 20006
`(202) 28e-r3r3
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies that a true copy of the foregoing NOTICE OF FILING
`DEPOSITION OF JOHN R. TIGHE was deposited with the U.S. Postal Service as first class
`mail, postage prepaid, addressed to Respondent's counsel, Jennifer Lee Taylor, Esq., Morrison &
`Foerster LLP , 425 Market Street, San Francisco, CA 94705, on the .1*t day of Janu aty, 20Il .
`
`Joseph D. Lewis
`
`DCDS0I JYL l492l6vl
`
`
`
`JOHN R. TIGHE - NOVEMBER 3, 2010
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Petitioner,
`
`vs.
`
`%d\-"\—I%.f%.#\.fl\-CH-JH-Jl
`
`PEAK Surgical, Inc.,
`
`Respondent.
`
`Case No.
`
`92050171
`
`VOLUME I
`
`Pages 1 - 122
`
`30(b)(6) DEPOSITION OF PEAK SURGICAL,
`
`INC.
`
`(JOHN R. TIGHE)
`
`DEPOSITION OF JOHN R. TIGHE
`
`November 3, 2010
`
`Reported by:
`
`CLARE MACY, RPR, CSR #5256
`
`JAN BROWN & ASSOCIATES
`
`WORLDWIDE DEPOSITION & VIDEOGRAPHY SERVICES
`
`701 Battery Street, 3rd Floor, San Francisco, CA
`
`94111
`
`(415) 981~3498 or (800) 522-7096
`
`JAN BROWN & ASSOCIATES
`
`(800)
`
`522-7096
`
`or
`
`(415)
`
`981-3498
`
`
`
`JOHN R. TIGHE ~ NOVEMBER 3, 2010
`
`I N D E X
`
`Examination by Ms. Casto
`
`Reporter's Certificate
`
`I N D E X 0 F
`
`E X H I B I T S
`
`DePUY DEPOSITION NO.
`
`1
`
`Notice of Deposition of Mr. John R. Tighe
`sent October 22, 2010
`
`30(b)(6) Notice of Deposition of Peak
`Surgical, Inc. sent October 22, 2010,
`with attached Schedule A
`
`Four-page set of documents regarding a
`trademark assignment conveyed by Carl
`Zeiss AG;
`labeled TRADEMARK REEL: 003552
`
`FRAME 0597 - 600
`
`PAGE
`
`122
`
`PAGE
`
`40
`
`40
`
`47
`
`Five-page article entitled "Effects of the
`
`68
`
`Pulsed Electron Avalanche Knife on Retinal
`
`Tissue"
`
`14—page document containing a brochure
`
`70
`
`entitled "PEAK Surgical, The Pulse of
`
`Precision"; a summary of a clinical study;
`a summary of preclinical results from
`
`various tests; Bates Nos. PEAK001 — 14
`
`510(k) Summary of Safety and Effectiveness
`
`dated September 14, 1998 for the Motech
`
`PEAK Fixation System
`
`501(k) Summary dated January 4, 2007 for
`
`the Peak FX Hip Plate
`
`Package insert for DePuy's PEAK fixation
`
`system
`
`84
`
`84
`
`84
`
`\D00-4O3(flH3U)B0#4
`
`10
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`11
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`12
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`25
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`JAN BROWN & ASSOCIAPES
`
`(800)
`
`522~7096 or
`
`(415)
`
`981-3498
`
`
`
`JOHN R. TIGHE W NOVEMBER 3, 2010
`
`DePUY DEPOSITION NO.
`
`9
`
`Paper entitled "PEAK Surgical Receives
`510(k) Clearance to Market PEAK Surgery
`System for Use in General Surgery"; Bates
`Nos. PEAK0899 — 900
`
`Letter dated July 22, 2008 from Mark N.
`Melkerson to Grace A. Carlson, M.D., with
`enclosure; Bates Nos. PEAK0977 — 979
`
`Certificate for Full Quality Assurance
`dated January 16, 2009; Bates Nos.
`PEAK0980 - 982
`
`Letter dated December 3, 2008 from Mark N.
`Melkerson to Grace A. Carlson, M.D.;
`Bates Nos. PEAK0974 — 976
`
`PEAK Surgical press release entitled
`"PEAK Surgical Names John Cifarelli Vice
`
`President, Sales"; Bates Nos. PEAKO896 ~
`898
`
`Letter dated October 17, 2006 from V.T.
`Giordano to Jennifer Lee Taylor
`
`Letter dated December 1, 2006 from V.T.
`Giordano to Jennifer Lee Taylor
`
`Letter dated September 18, 2006 from
`Jennifer Lee Taylor to Vito T. Giordano
`
`Letter dated October 17, 2006 from
`from V.T. Giordano to Jennifer Lee Taylor
`
`Letter dated October 19, 2006 from
`
`Jennifer Lee Taylor to Vito T. Giordano
`
`Letter dated December 1, 2006 from
`V.T. Giordano to Jennifer Lee Taylor,
`with enclosure
`
`Letter dated December 21, 2006 from
`
`Jennifer Lee Taylor to V.T. Giordano,
`with enclosure
`
`JAN BROWN & ASSOCIATES
`
`(800)
`
`522-7096
`
`or
`
`(415)
`
`981~3498
`
`
`
`JOHN R. TIGHE - NOVEMBER 3, 2010
`
`DePUY DEPOSITION NO.
`
`21
`
`Letter dated 23.1.2007 from Claudia
`
`Bolsinger to Jennifer Lee Taylor
`
`PAGE
`
`111
`
`22
`
`Letter dated January 30, 2007 from
`
`111
`
`Jennifer Lee Taylor to Claudia Bolsinger
`
`—-o0o—-
`
`QUESTIONS INSTRUCTED NOT TO ANSWER
`
`LINE/PAGE
`
`Do you know if Ms. Taylor had ~- if
`
`12/52
`
`Ms. Carlson communicated with Ms. Taylor
`in this process of obtaining the Zeiss
`assignment?
`
`Did you ask your counsel if they had any
`communications between —- any documents
`
`reflecting communications between Zeiss and
`
`2/62
`
`PEAK Surgical?
`
`But you have not asked those individuals
`
`17/62
`
`as you sit here today; is that correct?
`
`U)
`
`‘D(D~JO\U1uh
`
`10
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`11
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`23
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`24
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`25
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`JAN BROWN & ASSOCIATES
`
`(800)
`
`522*7096
`
`or
`
`(415)
`
`981-3498
`
`
`
`JOHN R. TIGHE — NOVEMBER 3, 2010
`
`BE IT REMEMBERED that, pursuant to Notice of
`
`Deposition, and on Wednesday, November 3, 2010,
`
`comencing at the hour of 9:51 a.m.,
`
`in the offices of
`
`Morgan, Lewis & Bockius LLP, 2 Palo Alto Square, 3000 El
`
`Camino Real, Suite 700, Palo Alto, California, before
`
`me, Clare Macy, a certified shorthand reporter in the
`
`State of California,
`
`there personally appeared
`
`JOHN R. TIGI-IE,
`
`called as a witness by the Petitioner, who being by me
`
`first duly sworn, was thereupon examined and
`
`interrogated as is hereinafter set forth.
`
`(DtoG)-JG\U1#5InR)F‘
`
`F‘
`
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`
`JAN BROWN & ASSOCEATES
`
`(800)
`
`522-7096 or
`
`(415)
`
`981~3498
`
`
`
`JOHN R. TIGHE - NOVEMBER 3, 2010
`
`JOSEPH D. LEWIS, Attorney at Law, of Barnes &
`
`Thornburg LLP, 750 17th Street, N.W., Washington, D.C.,
`
`20006, appeared telephonically as counsel on behalf of
`
`the petitioner, DePuy,
`
`Inc.
`
`Tel:
`
`(202)289-1313
`
`Fax:
`
`(202)289-1330
`
`Email: Joe.Lewis@btlaw.com
`
`LORRAINE M. CASTO, Attorney at Law, of Morgan,
`
`Lewis & Bockius LLP,
`
`2 Palo Alto Square, 3000 El Camino
`
`Real, Palo Alto, California 94306, appeared as counsel
`
`on behalf of the petitioner, DePuy, Inc.
`
`Tel:
`
`(650)843-7505
`
`Fax:
`
`(650)843-4001
`
`Email: 1casto@morgan1ewis
`
`JENNIFER LEE TAYLOR, Attorney at Law, of
`
`Morrison & Foerster LLP, 425 Market Street, San
`
`Francisco, California 94105-2482, appeared as counsel on
`
`behalf of the respondent, PEAK Surgical, Inc.
`
`Tel:
`
`(415)268-6538
`
`Fax:
`
`(415)268-7522
`
`Email:
`
`jleetaylor@mofo.com
`
`—-oOo--
`
`JAN BROWN & ASSOCIATES
`
`(800)
`
`522-7096
`
`or
`
`(415)
`
`981-3498
`
`CD£900-J03U1#500F0P4
`
`#4
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`
`B3 LN
`
`
`
`JOHN R. TIGHE — NOVEMBER 3, 2010
`
`NOVEMBER 3, 2010 — WEDNESDAY
`
`VOLUME I
`
`P R O C E E D I N G S
`
`(Whereupon the witness was sworn.)
`
`EXAMINATION BY MS. CASTO:
`
`Q.
`
`Good morning. Would you please state your
`
`full name for the record.
`
`A.
`
`Q.
`
`A.
`
`John Robert Tighe.
`
`And would you spell your name, please.
`
`John is J—O~H~N; Robert, R—O~BwE—R—T; Tighe,
`
`C383OD~JO1(565L0B3F4
`
`F4
`
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`
`T~I-G-H-E.
`
`F4 53
`
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`
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`
`Q.
`
`Thank you. And what is your address,
`
`Mr. Tighe?
`
`A.
`
`15961 Cerro Vista Court, Los Gatos,
`
`F‘ (N
`
`California.
`
`F4 O\
`
`F‘ ~J
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`?‘ OD
`
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`
`Q.
`
`And do you understand today that your
`
`testimony is under oath under penalty of perjury as if
`
`you were testifying in a court of law?
`
`A.
`
`Yes.
`
`Q.
`
`Is there any reason that you feel you're not
`
`able to testify accurately and truthfully today?
`
`A.
`
`No.
`
`Q.
`
`Have you taken any medication within the last
`
`48 hours which would affect your ability to recall
`
`B3 Lfl
`
`details?
`
`JAN BROWN & ASSOCIATES
`
`(800)
`
`522—7096 or
`
`(415)
`
`981-3498
`
`
`
`JOHN R. TIGHE ~ NOVEMBER 3, 2010
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`before?
`
`No.
`
`Have you had your deposition taken before?
`
`Yes.
`
`And when have you had your deposition taken
`
`A.
`
`I've had four depositions taken over the last
`
`15 years.
`
`Q.
`
`Okay. And when was the first deposition that
`
`you gave?
`
`A.
`
`The first was when I was with my previous
`
`company, Arthrocare,
`
`so it would have been about 1996.
`
`Q.
`
`Can you spell the name of that company.
`
`?”9?"'.O.""
`
`Arthrocare, A-R—T—H-R-0-C—A—R—E. One word.
`
`And you said 1996, approximately?
`
`Approximately.
`
`What was the subject of that deposition?
`
`It was an intellectual property dispute.
`
`Q.
`
`What kind of a dispute,
`
`intellectual property
`
`dispute?
`
`A.
`
`Q.
`
`It was a patent infringement case.
`
`Why were you being deposed in that patent
`
`infringement case?
`
`A.
`
`Q.
`
`I was the director of sales at the time.
`
`So were you testifying on behalf of the
`
`corporation?
`
`C3$000~J05U1#5DOB3F4
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`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`JAN BROWN & ASSOCIATES
`
`(800)
`
`522-7096
`
`or
`
`(415)
`
`98l~3498
`
`
`
`JOHN R. TIGHE — NOVEMBER 3, 2010
`
`A.
`
`Q.
`
`Yes.
`
`Did you testify in your personal capacity in
`
`that case, as to your personal knowledge?
`
`A.
`
`Q.
`
`It was to my experience with the company.
`
`Okay.
`
`So you were testifying on behalf of the
`
`company and then as an individual based on your personal
`
`knowledge in that case?
`
`MS. TAYLOR: Objection. One, that's compound.
`
`And two, it mischaracterizes what he said. And three,
`
`it calls for legal conclusions. And I don't know if he
`
`C3811
`
`.ar1svveJ:.
`
`MS. CASTO:
`
`Q.
`
`Do your best.
`
`A.
`
`I‘m not sure.
`
`I was called as a —— you know,
`
`as an employee of the company.
`
`They asked me to be
`
`deposed.
`
`They deposed many people in the company.
`
`I
`
`was one of them.
`
`Q.
`
`Did Arthrocare file this patent infringement
`
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`
`A.
`
`They did.
`
`Q. Where?
`
`A. Where?
`
`I'm not sure what jurisdiction.
`
`The
`
`company at the time was headquartered in Sunnyvale,
`
`ho L0
`
`California.
`
`B) 65
`
`Q.
`
`ArthroCare was headquartered in Sunnyvale,
`
`B3 Ln
`
`California?
`
`JAN BROWN & ASSOCIATES
`
`(800)
`
`522-7096 or
`
`(415)
`
`981-3498
`
`
`
`JOHN R. TIGHE * NOVEMBER 3, 2010
`
`Yes.
`
`Where was your deposition taken?
`
`That one, I believe, was here locally.
`
`A
`
`Q A
`
`Q.
`
`And who was the company on the other side of
`
`that case?
`
`A.
`
`The other was a company called Mitek
`
`Corporation.
`
`Q.
`
`Can you spell that company's name.
`
`M-I-T—E-K.
`
`And where are they located?
`
`They're in Boston.
`
`Do you know how that case concluded?
`
`The two parties settled.
`
`Okay. That was your first deposition.
`
`How
`
`A Q A
`
`Q A Q
`
`about your second deposition?
`
`A.
`
`Q.
`
`A.
`
`agreement.
`
`It was right around the year 2000.
`
`Okay.
`
`It was a contract dispute, a distribution
`
`Q.
`
`Who brought that suit?
`
`?”.O?’*.O?"
`
`That was brought by Arthrex Corporation.
`
`Can you spell that company's name.
`
`A~R—T—H—R—E—X.
`
`Arthrex Corporation;
`
`is that what you said?
`
`It might be Arthrex, Inc., but yes.
`
`10
`
`JAN
`
`BROWN & ASSOCIATES
`
`(800)
`
`522-7096
`
`or
`
`(415)
`
`98l~3498
`
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`16
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`17
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`18
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`19
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`20
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`21
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`22
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`23
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`24
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`25
`
`
`
`JOHN R. TIGHE - NOVEMBER 3, 2010
`
`(3H300~JO!LN#5L0B3F4
`
`F‘
`
`F‘ F4
`
`P‘ NJ
`
`Q.
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`Against whom did Arthrex file that suit?
`
`Against Arthrocare.
`
`Were you testifying on behalf of ArthroCare ~—
`
`Yes.
`
`—— in that case?
`
`And that again was in 2000?
`
`A.
`
`Yes.
`
`Q. Where was that case filed; do you know?
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`I do not know.
`
`How did that case resolve; do you know?
`
`It resolved in a settlement.
`
`And what was the nature of your testimony in
`
`P4 tn
`
`that case?
`
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`
`MS. TAYLOR:
`
`I'm going to object.
`
`It's vague
`
`as to the nature of the testimony.
`
`You can answer.
`
`THE WETNESS:
`
`I testified to the facts of my
`
`knowledge of the —— you know,
`
`the case.
`
`It was a
`
`distribution arrangement that there was a dispute
`
`regarding. Again, many people were deposed from
`
`B) P4
`
`Arthrocare.
`
`I was one of those.
`
`h) FD
`
`23
`
`24
`
`MS. CASTO:
`
`Q. Okay. And your third
`
`deposition that you gave, where was that deposition?
`
`A.
`
`Third was —- This was a product liability
`
`25
`
`(381863.
`
`JAN BROWN & ASSOCIATES
`
`(800)
`
`522-7096
`
`or
`
`(415)
`
`98l-3498
`
`11
`
`
`
`JOHN R. TIGHE — NOVEMBER 3, 2010
`
`Q.
`
`Who filed that case?
`
`A.
`
`It was a physician named -- last name is
`
`Herzog.
`
`Q.
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`Can you spell that, please.
`
`H-E-R-Z-O—G.
`
`All right.
`
`I believe.
`
`Against whom did Dr. Herzog --
`
`Against Arthrocare.
`
`Arthrocare?
`
`Yes.
`
`Do you remember the approximate date that case
`
`C3ED00~JG3Lfl#500B3#4
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`was filed?
`
`F4 #5
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`case?
`
`17
`
`18
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`Early 2000s, 2001, 2002.
`
`And when did you give the deposition in that
`
`In that time period.
`
`In the time period 2001 or 2002;
`
`you're not
`
`19
`
`sure which?
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`A.
`
`Q.
`
`Yes, yes.
`
`And once again,
`
`you testified on behalf of
`
`Arthrocare;
`
`is that correct?
`
`A.
`
`Q.
`
`That's correct.
`
`Okay.
`
`What was the nature of your testimony
`
`in that product liability case?
`
`JAN BROWN & ASSOCIATES
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`or
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`12
`
`
`
`JOHN R. TIGHE - NOVEMBER 3, 2010
`
`MS. TAYLOR: Objection, vague as to "nature."
`
`THE WITNESS:
`
`I was called to answer questions
`
`about the —— my knowledge of the facts of the case or
`
`about the case, again.
`
`MS. CASTO:
`
`Q.
`
`So your knowledge as to
`
`products that were --
`
`A.
`
`Products that were being marketed by
`
`Arthrocare.
`
`Q.
`
`A.
`
`Q.
`
`Okay. Technical attributes of those products?
`
`More marketing attributes.
`
`Okay. And your fourth deposition, when did
`
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`that occur?
`
`That occurred 2003 or ‘*4 time frame.
`
`What was the nature of that case?
`
`That was a patent infringement case.
`
`Who brought that case?
`
`Arthrocare brought that.
`
`Against whom?
`
`Smith & Nephew Corporation.
`
`Do you know where that case was filed?
`
`I do not.
`
`A.
`
`Q.
`
`A
`
`Q A Q
`
`.
`
`A Q
`
`A
`
`Q.
`
`Backing up to the product liability case, do
`
`you know where that case filed by Dr. Herzog was filed?
`
`A.
`
`He was based in Portland, Maine, and that's
`
`where there was a trial that actually took place.
`
`13
`
`JAN BROWN & ASSOCIATES
`
`(800)
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`522~7096
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`or
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`(415)
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`98lm3498
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`
`
`JOHN R. TIGHE — NOVEMBER 3, 2010
`
`Q.
`
`Do you know if that was in state or in federal
`
`court in Maine?
`
`A.
`
`Q.
`
`I do not, no.
`
`And that case that Dr. Herzog brought went to
`
`trial, you said;
`
`is that correct?
`
`A.
`
`Q.
`
`A.
`
`Yes.
`
`What was the resolution of that trial?
`
`Arthrocare was found ~~ you know,
`
`there was no
`
`liability
`
`at Arthrocare.
`
`Q.
`
`And the patent infringement case that
`
`ArthroCare filed against Smith & Nephew in around the
`
`C)KOG)~JG5Lfl#503BOF4
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`2003-2004
`
`time frame ~— do I have those facts correct?
`
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`Yes.
`
`How did that case resolve?
`
`That was a settlement between the two
`
`companies.
`
`Q.
`
`And once again, what was the nature of your
`
`testimony
`
`in that patent infringement case?
`
`MS. TAYLOR: Objection, it's vague.
`
`THE WITNESS: Again,
`
`to my knowledge of the
`
`markets and business dealings of Arthrocare.
`
`MS. CASTO:
`
`Q. Okay.
`
`So the marketing
`
`attributes of the products at issue in that patent
`
`infringement action; would that be fair to say?
`
`MS. TAYLOR: Objection, mischaracterizes the
`
`JAN BROWN & ASSOCIATES
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`
`
`JOHN R. TIGHE — NOVEMBER 3, 2010
`
`testimony.
`
`THE WITNESS:
`
`You know,
`
`I don't remember all
`
`the questions that were asked.
`
`MS. CASTO:
`
`Q.
`
`Sure.
`
`It was a long time ago.
`
`Okay.
`
`I'm just asking for your general
`
`A.
`
`Q.
`
`recollection of what you remember was the nature of your
`
`testimony in that case.
`
`So if I've misstated your
`
`testimony,
`
`feel free to clarify it.
`
`A.
`
`No.
`
`It was about the business operations of
`
`C)£000~161(HdbU)BOI4
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`F4
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`ArthroCare.
`
`P4 h)
`
`Q.
`
`Okay. As
`
`they relate to the products at issue
`
`F‘ U3
`
`in that case?
`
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`20
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`21
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`22
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`23
`
`24
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`25
`
`A.
`
`Yes.
`
`Q.
`
`Okay.
`
`Thank you.
`
`And we talked about your four depositions.
`
`It
`
`sounds like three of these cases went to settlement
`
`before there was any sort of a trial. Did you testify
`
`in any legal proceedings in any of the four cases you've
`
`just described?
`
`MS. TAYLOR: Objection,
`
`that's vague.
`
`THE WITNESS:
`
`I was a witness at the trial of
`
`the Herzog.
`
`MS. CASTO:
`
`Q. Okay. Any other instances at
`
`all, even beyond these four cases we've just discussed,
`
`15
`
`JAN BROWN & ASSOCIATES
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`(415)
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`981-3498
`
`
`
`JOHN R. TIGHE ~ NOVEMBER 3, 2010
`
`where you testified at a legal proceeding,
`
`for instance,
`
`in a court of law?
`
`A.
`
`No.
`
`Q.
`
`Okay.
`
`Thank you.
`
`So I know you've been through deposition
`
`before.
`
`I won't spend a long time giving you
`
`instructions, but we'll just cover some ground rules.
`
`So I'm going to ask you questions.
`
`If you
`
`don't understand what I ask you, please let me know, and
`
`I'll try to rephrase it, explain it. Other than that,
`
`I'm going to assume that you understood the question I
`
`put to you.
`
`Do you understand that?
`
`A.
`
`Q.
`
`Okay.
`
`Okay. Good.
`
`And if you need to take a break,
`
`let me know,
`
`and we can take a break.
`
`The only thing I ask is that
`
`if I have a question pending that you answer that
`
`question before we take a break.
`
`A.
`
`Q.
`
`Okay.
`
`Do you understand that? Good.
`
`And you might hear Ms. Taylor object to some
`
`of my questions.
`
`You still need to answer those
`
`questions unless she instructs you not to answer.
`
`Do
`
`you understand that?
`
`A.
`
`Yes.
`
`JAN BROWN & ASSOCIATES
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`(800)
`
`522-7096 or
`
`(415)
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`16
`
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`
`JOHN R. TIGHE - NOVEMBER 3, 2010
`
`Q.
`
`Thank you.
`
`And the most
`
`important, because I think I've
`
`already violated it a couple of times,
`
`is that the court
`
`reporter is taking down everything we say.
`
`So it's
`
`important not only that we speak slowly and clearly so
`
`that the court reporter can understand us, but rather
`
`than responding with "uh-huh's," respond with "yes" or
`‘H’
`
`"no.
`
`And then most importantly,
`
`that we not talk
`
`over each other so that the court reporter can take down
`
`our testimony.
`
`Do you understand that?
`
`A.
`
`Q.
`
`Yes.
`
`Thank you.
`
`And your last name is pronounced "Mr. TIE";
`
`is
`
`that correct?
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`"TIE," yes.
`
`"TIE"?
`
`That's correct.
`
`Mr. Tighe, would you describe your education
`
`for me after high school.
`
`So where did you go to
`
`college?
`
`A.
`
`I have a BS degree in engineering from the
`
`University of Maryland, 1982.
`
`Q.
`
`What field of engineering?
`
`17
`
`JAN BROWN & ASSOCIATES
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`(800)
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`522-7096
`
`or
`
`(415)
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`981-3498
`
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`
`
`
`JOHN R. TIGHE — NOVEMBER 3, 2010
`
`1
`
`2
`
`3
`
`4
`
`5
`
`A.
`
`Q.
`
`Civil, structural engineering.
`
`After graduating with this degree in 1982, did
`
`you go on to do any other graduate studies?
`
`A.
`
`I did not.
`
`Q.
`
`And I'd like to go over your employment
`
`6 history.
`
`So after graduating from college, can you tell
`
`7 me, who was your employer?
`
`8
`
`9
`
`10
`
`11
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`First employer was Sweeney Company.
`
`Can you spell that, please.
`
`S-W-E-E-N-E-Y.
`
`All right.
`
`And when did you start working for
`
`12 Sweeney Company?
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`1982.
`
`When did you stop working for Sweeney Company?
`
`Three or four years later.
`
`So around 1985;
`
`is that fair to say?
`
`Yes.
`
`What was your position at Sweeney Company?
`
`Project engineer.
`
`And what were your duties?
`
`To work on the bids for projects.
`
`Does Sweeney Company make any products ~~ or
`
`23 did it at the time,
`
`I should say, when you were employed
`
`24 by Sweeney?
`
`25
`
`A.
`
`It was a construction engineering firm.
`
`18
`
`JAN BROWN & ASSOCIATES
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`
`JOHN R. TIGHE - NOVEMBER 3, 2010
`
`And after Sweeney, who did you work for?
`
`A company called Patco Distributors,
`
`And you started working for them when?
`
`Right after Sweeney.
`
`I worked there for four
`
`Q.
`
`A.
`
`P-A—T-C-O .
`
`Q.
`
`A.
`
`years.
`
`Q.
`
`Okay.
`
`So around 1985 to l989;
`
`is that fair to
`
`say?
`
`A.
`
`Yes.
`
`Q.
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`And what was your position there?
`
`I was a sales representative.
`
`Is Patco a distributor?
`
`They are a distributor.
`
`And at the time you were employed as a sales
`
`representative, what did Patco distribute?
`
`A.
`
`They were distributing commercial
`
`transportation services.
`
`Q.
`
`A.
`
`And what were your duties as a sales rep?
`
`-I sold their products that they represented,
`
`their buses and other services in the transportation
`
`1 2 3 4 5 6 7 8 9
`
`10
`
`ll
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`field.
`
`22
`
`23
`
`24
`
`25
`
`?”.O?".0
`
`And after Patco, where did you work next?
`
`A company called Acufex Microsurgical.
`
`Can you spell that, please.
`
`A—C—U-F~E—X, Microsurgical.
`
`JAN
`
`BROWN & ASSOCIATES
`
`(800)
`
`522-7096
`
`or
`
`(415)
`
`981"3498
`
`19
`
`
`
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`
`JOHN R. TIGHE — NOVEMBER 3, 2010
`
`Q.
`
`A.
`
`When did you work for Acufex Microsurgical?
`
`Right after Patco until em and I worked there
`
`about eight years.
`
`Q.
`
`So from around l989, would you say, until
`
`is that a fair estimate?
`
`Yeah.
`
`I think it was
`
`'88 to '96, but yes.
`
`All right. What was your position at Acufex?
`
`I had several positions there.
`
`Okay. Why don't we start with your first.
`
`Sales representative.
`
`Okay. What were your duties as sales rep?
`
`To sell the products that Acufex produced.
`
`And what were the products Acufex produced?
`
`They were medical devices in the orthopedic
`
`Can you describe those medical devices for me.
`
`They were different instruments for
`
`arthroscopic surgery and for ACL reconstruction and for
`
`shoulder surgery.
`
`So were these instruments that actually aid
`
`the surgeons in performing the surgery?
`
`Yes.
`
`Is that what these products were?
`
`Yes.
`
`Were these instruments items that were
`
`JAN
`
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`
`JOHN R. TIGHE ~ NOVEMBER 3, 2010
`
`actually placed in the body of a patient and stayed
`
`there after surgery?
`
`A.
`
`Q.
`
`Some were.
`
`And when did you hold this position of sales
`
`rep for Acufex?
`
`A.
`
`I was a rep for about three years.
`
`What was your next position at Acufex?
`
`Regional manager.
`
`What were your duties as regional manager?
`
`To manage a group of sales representatives
`
`across the mid-Atlantic area.
`
`Q.
`
`And to be clear, what is the mid—Atlantic
`
`area? Can you describe that geographic region.
`
`A.
`
`Geographic. My area included Pennsylvania,
`
`Maryland, Delaware, Washington DC, Virginia, West
`
`Virginia, part of Ohio.
`
`Q.
`
`And in managing this group of sales reps, was
`
`this managing sales reps who were selling the same types
`
`of products we just discussed that you were selling as a
`
`sales rep,
`
`these instruments for the orthopedic field?
`
`A.
`
`Yes.
`
`Q.
`
`So the instruments for arthroscopic surgery,
`
`ACL reconstruction and shoulder reconstruction;
`
`is that
`
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`A.
`
`JAN BROWN & ASSOCIATES
`
`(800)
`
`522~7096
`
`or
`
`(415)
`
`98lw3498
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`
`
`JOHN R. TIGHE — NOVEMBER 3, 2010
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`Q.
`
`A.
`
`Q.
`
`Anything else?
`
`Those were the primary products.
`
`And how long did you hold this position as
`
`regional manager?
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`About three years.
`
`And what was your next position at Acufex?
`
`The national sales manager.
`
`What were your duties as national sales
`
`9 manager?
`
`10
`
`A.
`
`To manage the group of regional managers and
`
`11
`
`sales representatives across the U.S.
`
`12
`
`Q.
`
`How many regional managers did you manage in
`
`13
`
`that role?
`
`14
`
`15
`
`A.
`
`There were about five to seven.
`
`Q.
`
`Does that mean there were about five to seven
`
`16
`
`regions?
`
`17
`
`18
`
`A.
`
`Q.
`
`Yes.
`
`And the product that Acufex was selling at the
`
`19
`
`time was the same ortho field products: Reconstruction
`
`20 of AOL, shoulder reconstruction and,
`
`I think you said,
`
`21 arthrosurgery in general;
`
`is that correct?
`
`22
`
`23
`
`24
`
`25
`
`A.
`
`Q
`
`Arthroscopic surgery.
`
`Arthroscopic surgery?
`
`A.
`
`Yes.
`
`Q
`
`Thank you.
`
`JAN BROWN & ASSOCIATES
`
`(800)
`
`522-7096 or
`
`(415)
`
`981-3498
`
`22
`
`
`
`JOHN R. TIGHE — NOVEMBER 3,
`
`2010
`
`And once again,
`
`these are the primary products
`
`of Acufex.
`
`And were there any other products that
`
`Acufex sold at the time you were there?
`
`A.
`
`Q.
`
`A.
`
`There were.
`
`Okay. What were they?
`
`They were -— There was different video
`
`equipment that was used for arthroscopic surgery.
`
`Q.
`
`A.
`
`Anything else?
`
`There were different devices used in the
`
`operating room:
`
`Leg holders, shoulder holders,
`
`all
`
`related to the orthopedic field.
`
`Q.
`
`A.
`
`Q.
`
`Anything else?
`
`No.
`
`Okay.
`
`Thank you.
`
`When did you hold this position as national
`
`sales manager?
`
`A.
`
`It was my last year and a half with the
`
`company.
`
`Q.
`
`Okay.
`
`I think you testified earlier you
`
`believe you left Acufex around 1996;
`
`is that correct?
`
`A.
`
`Yes.
`
`So it would have been around the '95~‘96
`
`time frame,
`
`yes.
`
`Q.
`
`Okay.
`
`So '95-'96.
`
`What was your next position?
`
`I went to Arthrocare Corporation.
`
`23
`
`JAN BROWN & ASSOCIATES
`
`(800)
`
`522~7096
`
`or
`
`(415)
`
`981~3498
`
`C)U)00-403(HshU)NJP4
`
`F‘
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`F‘ B)
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`
`22
`
`23
`
`24
`
`25
`
`
`
`JOHN R. TIGHE ~ NOVEMBER 3, 2010
`
`1
`
`2
`
`3
`
`4
`
`Q.
`
`What position did you hold at ArthroCare?
`
`A. Director of sales.
`
`Q.
`
`A.
`
`What were your duties?
`
`To manage the sales force in the United
`
`5 States.
`
`6
`
`Q.
`
`Can you estimate how big the sales force was
`
`7 at the time?
`
`8
`
`A.
`
`It was a start—up. When I started, it was
`
`9 zero.
`
`10
`
`11
`
`12
`
`Q.
`
`A.
`
`Q.
`
`It sounds like an easy management
`
`job.
`
`Yeah.
`
`I was there 11 years.
`
`All right.
`
`So that sounds like from 1995 to
`
`13 about 2006?
`
`A.
`
`Q.
`
`14
`
`15
`
`16
`
`Yes.
`
`Does that sound right? Okay.
`
`So you managed the sales force.
`
`It sounds
`
`17
`
`like you maybe grew the sales force; would that be fair
`
`18
`
`to say?
`
`19
`
`20
`
`A.
`
`Yes.
`
`Q.
`
`At the time you left, how big was your sales
`
`21
`
`force?
`
`22
`
`A.
`
`When I left, I was the senior VP/general
`
`23 manager of all the business units.
`
`24
`
`Q.
`
`All right.
`
`So at the time you concluded your
`
`25 position as director of sales, how big was the sales
`
`24
`
`JAN BROWN & ASSOCIATES
`
`(800)
`
`522—7096 or
`
`(415)
`
`98l~3498
`
`
`
`JOHN R. TIGHE - NOVEMBER 3,
`
`2010
`
`force, approximately?
`
`A.
`
`We had 100 indirect employees,
`
`independent
`
`representatives,
`
`that we contracted with in the U.S.
`
`We
`
`had about a dozen direct employees.
`
`Q.
`
`And what were you selling for Arthrocare?
`
`What products did ArthroCare make at that time?
`
`A.
`
`They made electrosurgical products for the
`
`orthopedic field and the ENT field and spine.
`
`Q.
`
`And so ENT is ear—nose-throat;
`
`is that
`
`C)\OG)~J0}U1#5DO53P4
`
`P4
`
`correct?
`
`P4 F‘
`
`F4 A)
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`A.
`
`Q.
`
`That's correct.
`
`Any other electrical surgical --
`
`electrosurgical products then for the ortho,
`
`ENT and
`
`spine fields,
`
`any other fields?
`
`A.
`
`That was the technology that was developed.
`
`We made several products that were used in those fields.
`
`Q.
`
`A.
`
`Q.
`
`A.
`
`Okay.
`
`But no other fields;
`
`is that correct?
`
`Not marketing directly, no.
`
`What do you mean by that?
`
`Arthrocare had some license arrangements with
`
`other companies.
`
`Q.
`
`A.
`
`And what were those license arrangements?
`
`They licensed the technology to Olympus for
`
`urology.
`
`They licensed the products to Mitek for
`
`orthopedics.
`
`They licensed the products to Stryker
`
`25
`
`JAN BROWN & ASSOCIATES
`
`(800)
`
`522-7096
`
`O1?
`
`(41 5 )
`
`981-3498
`
`
`
`JOHN R. TIGHE - NOVEMBER 3, 2010
`
`Corporation for the orthopedic field.
`
`There may have
`
`been others.
`
`Q.
`
`Do you recall any of those others as you sit
`
`here today?
`
`I do not.
`
`When did you hold the position of director of
`
`My first few years there, my first -- until
`
`So around '95 to '99;
`
`is that correct?
`
`Yes.
`
`And what was your next position at Arthrocare?
`
`I was the vice president of sales and
`
`When did you hold that position?
`
`'99 until about 2004.
`
`And what were your duties?
`
`I had worldwide responsibility for the sales
`
`A.
`
`Q.
`
`sales?
`
`1999.
`
`Q A
`
`.
`
`Q A
`
`.
`
`marketing.
`
`Q.
`
`A.
`
`Q.
`
`A.
`
`and marketing of Arthrocare‘s products.
`
`Q.
`
`And once again,
`
`these products were the
`
`electrosurgical products for ortho,
`
`ENT and spine;
`
`is
`
`CDtoG}~JO\LflahU)hoP4
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`
`that correct?
`
`B0 to
`
`24
`
`25
`
`A.
`
`Yes. At that time there were additional
`
`products.
`
`Q.
`
`What were those products?
`
`JAN
`
`BROWN & ASSOCIATES
`
`(800)
`
`522-7096 or
`
`(415)
`
`981-3498
`
`26
`
`
`
`JOHN R. TIGHE — NOVEMBER 3, 2010
`
`A.
`
`We had done several acquisitions, so we
`
`acquired other companies‘ products.
`
`Q.
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`What were those acquisitions?
`
`There was a company called Atlantech.
`
`Atlantech?
`
`Yes.
`
`Can you spell that.
`
`A-T-L-A-N-'1‘-‘E-C*-H .
`
`Okay.
`
`And what were those products?
`
`A.
`
`They were orthopedic products for arthroscopic
`
`s11r1;e3:y, ACL reconstruction.
`
`The other acquisitions?
`
`A company called Opus Medical.
`
`Spell that,
`
`please.
`
`O-P—U-S, Medical.
`
`And their products?
`
`Q.
`
`A Q
`
`.
`
`A
`
`Q
`
`A.
`
`Their products were for a sutureless rotator
`
`cuff anchor system.
`
`Q.
`
`A.
`
`Q.
`
`A.
`
`Any other acquisitions?
`
`A company called Parallax.
`
`And their products?
`
`Products for vertebroplasty.
`
`Q. What's vertebroplasty?
`
`A.
`
`It's where you put for a -- you put bone
`
`cement in the spine to alleviate pain for patients with
`
`27
`
`JAN BROWN & ASSOCIATES
`
`(800)
`
`522-7096
`
`OI."
`
`(415)
`
`981-3498
`
`‘OG)~JG\013:
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`
`
`JOHN R. TIGHE - NOVEMBER 3, 2010
`
`1 kyphosis or curved spine.
`
`2
`
`3
`
`4
`
`5
`
`6
`
`Q.
`
`A.
`
`Q.
`
`A.
`
`Kyphosis means curved spine?
`
`Yeah.
`
`It's curved, yes.
`
`Any other acquisitions?
`
`There was a company, I forget the name, but
`
`the products were Rapid Rhino products.
`
`They made
`
`7 products for epistaxis.
`
`8
`
`9
`
`10
`
`Q.
`
`Rapid Rhino products,
`
`that sounds like it has
`
`to do with the nose.
`
`A.
`
`Correct.
`
`It's for the ENT space.
`
`They had
`
`11 products for ENT.
`
`12
`
`Q.
`
`What was the other one?
`
`I didn't quite catch
`
`13
`
`that.
`
`14
`
`15
`
`A.
`
`That was it.
`
`Q.
`
`You said Rapid Rhino, and then you said
`
`16
`
`something else.
`
`17
`
`A.
`
`They made a product for epistaxis, which is
`
`18 bloody nose basically in trauma indications.
`
`19
`
`And there may have been others, but I think
`
`20
`
`those are the main acquisitions.
`
`21
`
`22
`
`23
`
`Q.
`
`A.
`
`Q.
`
`Those are the ones you can remember?
`
`Yes.
`
`All right. And that was during your tenure as
`
`24 VP of sales and marketing somewhere between '99 and
`
`25 2004;
`
`is that correct?
`
`28
`
`JAN BROWN & ASSOCIATES
`
`(800)
`
`522-7096
`
`or
`
`(415)
`
`981-3498
`
`
`
`JOHN R. TIGHE — NOVEMBER 3, 2010
`
`A.
`
`Q.
`
`Between then and the time I left, yes.
`
`So what was yeur next position after VP of
`
`sales and marketing?
`
`A.
`
`Q.
`
`A.
`
`I was a senior VP and general manager.
`
`What were your duties?
`
`I managed the business units of sports
`
`medicine, ENT and spine and, also, all the international
`
`business unit.
`
`Q.
`
`When you say you managed the business units of
`
`these areas, what does that mean?
`
`A.
`
`The business unit encompassed sales,
`
`marketing, research and development for each of those
`
`areas.
`
`Q.
`
`And you managed each of those areas’ sales,
`
`marketing,
`
`research and development for these business
`
`units:
`
`Sports medicine, ENT and spine;
`
`is that correct?
`
`A.
`
`And international.
`
`Q.
`
`A.
`
`Q.
`
`A.
`
`And international?
`
`Yes.
`
`What do you mean by that?
`
`There was a separate business unit based in
`
`Europe that encompassed all those products as well.
`
`It
`
`was different personnel, and we treated it as a separate
`
`C)\O03~J03U1#5DJ00F‘
`
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`
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`B) J:
`
`business unit.
`
`B) ifl
`
`Q.
`
`I see, okay.
`
`JAN BROWN & ASSOCIATES
`
`(800)
`
`522-7096 or
`
`(415)
`
`98lw3498
`
`29
`
`
`
`JOHN R. TIGHE ~ NOVEMBER 3, 2010
`
`And you held that position from 2004 until you
`
`left;
`
`is that correct?
`
`A.
`
`Yes.
`
`Q.
`
`And you left somewhere around 2006;
`
`is that
`
`correct?
`
`A.
`
`Yes.
`
`Q.
`
`And what was your next position after you left
`
`Arthrocare?
`
`A.
`
`I became th
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