Each of the Scianamblo Patents-in-Suit issued before this lawsuit was filed. Michael Scianamblo (the “Scianamblo Patents-in-Suit”). Three of the patents-in-suit are issued to Dr. LAW Summary Judgment Standards The moving party has the initial burden of proving the absence of a genuinely disputed material fact relative to the claims in question. Thereafter, contend plaintiffs, defendants promoted a product known as Edge Taper Encore which is allegedly identical to plaintiffs’ ProTaper Next product.1 The endodontic files at issue are very small instruments having diameters of less than 1 millimeter. Dentsply Sirona has been selling its ProTaper Next endodontic files since January 2013. 9,801,696 entitled “Instruments for Drilling Dental Root Canals” to inventors Gilbert Rota and Paul-Henri Vallotton. On October 31, 2017, the United States Patent and Trademark Office issued United States Patent No. 8,882,504 entitled “Swaggering Endodontic Instruments” to inventor Michael Scianamblo. On November 11, 2014, the United States Patent and Trademark Office issued United States Patent No. 9,351,803 entitled “Endodontic Instruments with Offset Centers of Mass” to inventor Michael Scianamblo. On May 31, 2016, the United States Patent and Trademark Office issued United States Patent No. 8,932,056 entitled “Swaggering Endodontic Instruments” to inventor Michael Scianamblo. On January 13, 2015, the United States Patent and Trademark Office issued United States Patent No. 1 Case 1:17-cv-01041-JFB-SCY Document 354 Filed 06/23/20 of 24 This action arises under the patent laws of the United States, Title 35 of the United States Code. These patents allegedly cover revolutionary advances in the technology used in endodontic files. BACKGROUND Plaintiffs filed their second amended complaint for patent infringement, alleging infringement by defendants of United States Patent Nos. 313 and Dentsply Sirona Inc.’s and Tulsa Dental Products LLC’s motion for Partial Summary Judgment that Certain Asserted Claims are Not Invalid, Doc. 312 Dentsply Sirona Inc.’s and Tulsa Dental Products LLC’s motion for Partial Summary Judgment, Doc.
311 Edge Endo, LLC’s and US Endodontics, LLC’s Motion for Summary Judgment of No Willful Infringement, Doc. This matter is before the Court on Edge Endos, LLC’s, and US Endodontics, LLC’s motion for Summary Judgment of Non-Infringement of U.S. MEMORANDUM AND ORDER EDGE ENDO, LLC, US ENDODONTICS, LLC, Defendants. 354 Case 1:17-cv-01041-JFB-SCY Document 354 Filed 06/23/20 of 24 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO DENTSPLY SIRONA INC., TULSA DENTAL PRODUCTS LLC D/B/A DENTSPLY SIRONA ENDODONTICS, Plaintiffs, 1:17CV1041-JFB-SCY vs.
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