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District of Oregon CM/ECF LIVE Release V3.2.2
APPEAL, JT, PARTCONS, PROTECTIVE ORD, PTOWV, TERMINATED

U.S. District Court
District of Oregon (Portland)
CIVIL DOCKET FOR CASE #: 3:04-cv-00029-MO


Smith & Nephew Incorporated et al v. Arthrex, Incorporated
Assigned to: Judge Michael W. Mosman
Cause: 35:145 Civil Action to Obtain Patent

Date Filed: 01/12/2004
Date Terminated: 11/19/2008
Jury Demand: Both
Nature of Suit: 830 Patent
Jurisdiction: Federal Question
Plaintiff
Smith & Nephew Incorporated represented byBenjamin D. Enerson
Holland & Knight, LLP
10 St. James Avenue
Boston , MA 02116
(617) 305-2150
Fax: (617) 523-6850
Email: benjamin.enerson@hklaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

John M. Skenyon
Fish & Richardson, PC
225 Franklin Street
Boston , MA 02110-2804
(617) 542-5070
Fax: (617) 542-8906
Email: skenyon@fr.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Julianne Ross Davis
NIKE, Inc.
One Bowerman Drive
DF-4
Beaverton , OR 97005
(503) 671-6255
Fax: (503) 671-5777
TERMINATED: 02/11/2005
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Mark J. Hebert
Fish & Richardson, P.C.
225 Franklin Street
Boston , MA 02110-2804
(617) 542-5070
Fax: (617) 542-8906
Email: hebert@fr.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Thomas M. Johnston
Holland & Knight, LLP
10 St. James Avenue
Boston , MA 02116
(617)573-5805
Fax: (617) 523-6850
Email: thomas.johnston@hklaw.com
TERMINATED: 10/22/2008
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Gregory R. Booker
Fish & Richardson, P.C.
919 N. Market Street
Suite 1100
P.O. Box 1114
Wilmington , DE 19899-1114
(302) 652-5070
Fax: (302) 652-0607
Email: Booker@fr.com
ATTORNEY TO BE NOTICED

Susan D. Pitchford
Chernoff Vilhauer McClung & Stenzel, LLP
601 SW Second Avenue
Suite 1600
Portland , OR 97204
(503) 227-5631
Fax: (503) 228-4373
Email: sdp@chernofflaw.com
ATTORNEY TO BE NOTICED

Brenna Kristine Legaard
Chernoff Vilhauer McClung & Stenzel, LLP
601 SW Second Avenue
Suite 1600
Portland , OR 97204
(503) 227-5631
Fax: (503) 228-4373
Email: brenna@chernofflaw.com
ATTORNEY TO BE NOTICED
Plaintiff
MD John O. Hayhurst represented byBenjamin D. Enerson
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Julianne Ross Davis
(See above for address)
TERMINATED: 02/11/2005
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Mark J. Hebert
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Thomas M. Johnston
(See above for address)
TERMINATED: 10/22/2008
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Gregory R. Booker
(See above for address)
ATTORNEY TO BE NOTICED

Susan D. Pitchford
(See above for address)
ATTORNEY TO BE NOTICED

Brenna Kristine Legaard
(See above for address)
ATTORNEY TO BE NOTICED

V.
Defendant
Arthrex, Incorporated represented byAnthony Philip Cho
Carlson Gaskey & Olds, PC
400 W. Maple Road
Suite 350
Birmingham , MI 48009
(248)988-8360
Fax: (248) 988-8363
Email: acho@cgolaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Christopher S. Tuttle
Alleman Hall McCoy Russell & Tuttle, LLP
806 SW Broadway
Suite 600
Portland , OR 97205
(503)459-4141
Fax: (503) 459-4142
Email: tuttle@ahmrt.com
TERMINATED: 07/13/2005
LEAD ATTORNEY

Peter E. Heuser
Kolisch Hartwell, PC
200 Pacific Building
520 SW Yamhill Street
Portland , OR 97204
(503) 224-6655
Fax: (503) 295-6679
Email: heuser@khpatent.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Rodger D. Young
Young & Susser, PC
26200 American Drive
Suite 305
Southfield , MI 48034
(248) 353-8620
Fax: (248) 353-6559
Email: efiling@youngpc.com
TERMINATED: 06/11/2008
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Sara K. MacWilliams
Young & Susser, P.C.
26200 American Drive, Ste. 305
Southfield , MI 48034
(248) 353-8620
Fax: (248) 353-6559
Email: macwilliams@youngpc.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Steven Susser
Young & Susser, PC
26200 American Drive
Suite 305
Southfield , MI 48034
(248) 353-8620
Fax: (248) 353-6559
Email: efiling@youngpc.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Elizabeth A. Tedesco
Kolisch Hartwell, PC
200 Pacific Building
520 SW Yamhill Street
Portland , OR 97204
(503) 224-6655
Fax: (503) 295-6679
Email: tedesco@khpatent.com
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
01/12/20041  Complaint for Patent Infringement (Jury Trial Demand) Filing Fee collected. Receipt #: 171142 issued. Filed by John O. Hayhurst, Smith & Nephew Incorporated against Arthrex, Incorporated. (Kirk, ) (Entered: 01/14/2004)
01/12/20042 Discovery and Pretrial Scheduling Order and Notice of Case Assignment: Case assigned to the Honorable Janice M. Stewart. Discovery to be completed by 5/11/2004. Joint Alternate Dispute Resolution Report due by 6/10/2004. Pretrial Order due by 6/10/2004. (Kirk, ) (Entered: 01/14/2004)
01/29/20043 Trademark Report: This report is being submitted pursuant to Title 15 Section 1116(c) which states It shall be the duty of the clerks of such courts within one month after the filing of any action give notice thereof in writing to the Director setting forth in order so far as known the names and addresses of the litigants and the designating number or numbers of the registration or registrations upon which the action, suit, or proceeding has been brought... (peg, ) (Entered: 01/29/2004)
02/12/20044 Corporate Disclosure Statement. Filed by Smith & Nephew Incorporated. (gm) (Entered: 02/13/2004)
05/10/20045 Amended Complaint for Patent Infringement. Jury Trial Demanded.Filed by John O. Hayhurst, M.D., Smith & Nephew Incorporated against Arthrex, Incorporated.(pvh, ) (Entered: 05/11/2004)
05/13/20046 Return of Service executed upon Arthrex, Inc. R/A Reinhold Schmieding on 05/11/04. (Service of Amended Complaint) (pvh, ) (Entered: 05/13/2004)
05/28/20047 Stipulated Motion for Extension of Time to Answer Amended Complaint 5 . Filed by Arthrex, Incorporated. (pvh, ) (Entered: 06/01/2004)
06/02/2004Record of ORDER by Judge Stewart: Granting Stipulated Motion to Extend Time (to 6/30/2004) to Answer or Otherwise Respond to Complaint, # 7 . (da, ) (Entered: 06/02/2004)
06/22/20049 Second Stipulated Motion for Extension of Time to Answer Amended Complaint 5 . Filed by Arthrex, Incorporated. (pvh, ) (Entered: 06/24/2004)
06/25/200410 Record of ORDER by Judge Stewart: Granting Defendant's Second Stipulated Motion to Extend Time (to 7/30/04) to Answer or Otherwise Respond to Complaint, # 9 . (da, ) (Entered: 06/25/2004)
07/30/200411  Answer and Counterclaims to Amended Complaint. Jury Trial Demanded. Filed by Arthrex, Incorporated.(pvh, ) (Entered: 08/02/2004)
08/06/200412 Unopposed Motion for Extension of Discovery & PTO Deadlines. Filed by all plaintiffs. (Davis, Julianne) (Entered: 08/06/2004)
08/06/200413  Memorandum in Support of Motion to Extend Deadlines. Filed by all plaintiffs. (Related document(s): Motion for Extension of Discovery & PTO Deadlines 12 .)(Davis, Julianne) (Entered: 08/06/2004)
08/11/200414 Record of ORDER by Judge Stewart: Granting Plaintiff's Unopposed Motion to Extend Deadlines, # 12 . ORDER - Striking the current case deadlines and setting a telephone Rule 16 Conference before Judge Stewart on 8/26/2004 at 09:00AM. The court will initiate the conference call. Formal order to follow. (da, ) (Entered: 08/11/2004)
08/11/200415 Rule 16 Order. Signed on 8/11/2004 by Judge Janice M. Stewart. (da, ) (Entered: 08/11/2004)
08/23/200416  Reply to Arthrex's Counterclaims. Filed by Smith & Nephew Incorporated. (Related document(s): Answer to Amended Complaint 11 .)(Davis, Julianne) (Entered: 08/23/2004)
08/23/200417  Reply to Arthrex's Counterclaims. Filed by John O. Hayhurst. (Related document(s): Answer to Amended Complaint 11 .)(Davis, Julianne) (Entered: 08/23/2004)
08/25/200418 Order Granting Application for Special Admission Pro Hac Vice of Mark J. Hebert for John O. Hayhurst and Smith & Nephew Incorporated. Application Fee in amount of $100 collected. Receipt No. 178502 issued.. Signed on 8/25/2004 by Judge Janice M. Stewart. (da, ) (Entered: 08/25/2004)
08/26/200419 CIVIL MINUTES: Record of Proceedings: Rule 16 Conference. See attached formal minute order for more details. Joint Alternate Dispute Resolution Report due by 9/24/2004. Discovery to be completed by 2/25/2005. Summary Judgment Motions due by 6/24/2005. Response to Summary Judgment Motions due by 7/14/2005. Replies to Summary Judgment Motions due by 7/29/2005. Hearing set for 8/30/2005 at 09:00AM in Portland before Magistrate Judge Janice M. Stewart. Expert Discovery to be completed by 6/3/2005. Exchange of Initial Expert Witness Statements must be completed by 3/25/2005.Pretrial Order due by 11/18/2005. Julianne Ross Davis and Mark Herbert present as counsel for plaintiff(s). Mark Alleman present as counsel for defendant(s). Janice M. Stewart presiding. (stewart2, twg) (Entered: 08/26/2004)
08/31/200420 Order Granting Application for Special Admission Pro Hac Vice of Thomas M. Johnston for John O. Hayhurst and Smith & Nephew Incorporated. Application Fee in amount of $100 collected. Receipt No. 178566 issued. Signed on 8/30/2004 by Judge Janice M. Stewart. (da, ) (Entered: 08/31/2004)
09/02/200421 Corporate Disclosure Statement. Filed by Arthrex, Incorporated. (Kirk, ) (Entered: 09/07/2004)
09/10/200422  Fed. R. Civ. P. 26(a)(1) Agreement. Filed by John O. Hayhurst, Smith & Nephew Incorporated.(Davis, Julianne) (Entered: 09/10/2004)
09/13/200423 Order Granting Application for Special Admission Pro Hac Vice of John M. Skenyon for Smith & Nephew Incorporated. Application Fee in amount of $100 collected. Receipt No. 178726 issued.. Signed on 9/13/04 by Judge Janice M. Stewart. (Kirk, ) Additional attachment(s) added on 9/17/2004 (Kirk, ). (Entered: 09/15/2004)
09/13/200424 Order Granting Application for Special Admission Pro Hac Vice of Anthony Philip Cho for Smith & Nephew Incorporated. Application Fee in amount of $100 collected. Receipt No. 178703 issued.. Signed on 9/13/04 by Judge Janice M. Stewart. (Kirk, ) (Entered: 09/15/2004)
09/21/200426 Order Granting Application for Special Admission Pro Hac Vice of Steven Susser for Arthrex, Incorporated. Application Fee in amount of $100 collected. Receipt No. 179089 issued.. Signed on 9/22/04 by Judge Janice M. Stewart. (Kirk, ) (Entered: 09/27/2004)
09/22/200427 Order Granting Application for Special Admission Pro Hac Vice of Rodger D. Young for Arthrex, Incorporated. Application Fee in amount of $100 collected. Receipt No. 179089 issued.. Signed on 9/22/04 by Judge Janice M. Stewart. (Kirk, ) (Entered: 09/27/2004)
09/24/200425  Joint ADR Report. Filed by all plaintiffs. (Legaard, Brenna) (Entered: 09/24/2004)
10/04/200428 CIVIL MINUTES: Record of Proceedings: Status Conference. Status Conference set for 10/21/2004 at 09:30AM in Chambers before Magistrate Judge Janice M. Stewart. Mark Hebert present as counsel for plaintiff(s). Rogery Young & Steven Susser present as counsel for defendant(s). Janice M. Stewart presiding. (stewart2,twg ) (Entered: 10/04/2004)
10/19/200429  Joint Status Report Pursuant to This Court's Minute Order of October 1, 2004. Filed by all plaintiffs. (Legaard, Brenna) (Entered: 10/19/2004)
10/20/200430 Record of ORDER by Judge Stewart: Striking the discovery conference before Judge Stewart on 10/21/2004 at 9:30 AM as moot. (da, ) (Entered: 10/20/2004)
10/26/200431 Joint Stipulated Protective Order. Signed on 10/26/2004 by Judge Janice M. Stewart. (da, ) (Entered: 10/26/2004)
11/23/200432 RECORD OF ORDER by Judge Dennis J. Hubel: A telephone status conference is set on December 8, 2004, at 9:30 a.m., to address a proposed settlement conference between the parties. (kb, ) (Entered: 11/23/2004)
12/08/200433 RECORD OF ORDER by Judge Dennis J. Hubel: Judge Hubel will conduct a Settlement Conference in this case on February 22, 2005, at 9:30 a.m., starting in Courtroom #9B. Required settlement material due by 4:30 p.m., February 14, 2005. (see formal order) (kb, ) (Entered: 12/08/2004)
02/07/200534 Record of ORDER by Judge Stewart: Striking the current case schedule and setting a telephone status conference before Judge Stewart on 2/28/2005 at 11:00AM to set a new case schedule if the settlement efforts are unsuccessful. (da, ) (Entered: 02/07/2005)
02/11/200535  Notice of Withdrawal of Appearance. Filed by Brenna Kristine Legaard appearing on behalf of all plaintiffs.(Legaard, Brenna) (Entered: 02/11/2005)
02/28/200536 CIVIL MINUTES: Record of Order by Janice M. Stewart.5/27/2005: Deadline to join parties and amend pleadings. 7/29/2005: Close of Fact Discovery and written consents to proceed before a Magistrate Judge (if any) due. 9/9/2005: Exchange of Initial Expert Disclosure Statements due. 10/7/2005: Rebuttal Expert Disclosure Statements due. 11/18/2005: Close of Expert Discovery. 12/9/2005: Filing of any dispositive motions and Markman opening briefs due. 1/6/2006: Markman and Summary Judgment Motion Responses due. 1/20/2006: Markman and Summary Judgment Motion Replies due. 2/22/2006: Markman Hearing and Oral Argument on Summary Judgment. 3/28/2006: Pretrial Order due.Ordered by Judge Janice M. Stewart. (stewart2, ) (Entered: 02/28/2005)
05/24/200537 Unopposed Motion for Extension of Time to Extend the Deadline to Join Parties and Amend the Pleadings. Filed by all plaintiffs. (Pitchford, Susan) (Entered: 05/24/2005)
05/24/200538  Memorandum in Support of Unopposed Motion to Extend the Deadline to Join Parties and Amend the Pleadings. Filed by all plaintiffs. (Related document(s): Motion for Extension of Time 37 .)(Pitchford, Susan) (Entered: 05/24/2005)
05/25/200539 Record of ORDER by Judge Stewart: Granting Plaintiff's Unopposed Motion to Extend the Deadline to Join Parties and Amend the Pleadings, # 37 , to June 30, 2005. (da, ) (Entered: 05/25/2005)
06/29/200540 Unopposed Motion for Leave to File Amended Reply and Extend Deadline to Add Parties. Filed by all plaintiffs. (Attachments: # 1 Exhibit A) (Legaard, Brenna) (Entered: 06/29/2005)
06/29/200541  Memorandum in Support of Unopposed Motion for Leave to File Amended Reply and Extend Deadline to Add Parties. Filed by all plaintiffs. (Related document(s): Motion for Leave 40 .)(Legaard, Brenna) (Entered: 06/29/2005)
06/30/200542 Unopposed Motion for Leave to File First Amended Answer and Counterclaim. Filed by Arthrex, Incorporated. (Attachments: # 1 Exhibit A) (Tedesco, Elizabeth) (Entered: 06/30/2005)
06/30/200543  Memorandum in Support of Unopposed Motion for Leave to File First Amended Answer and Counterclaim. Filed by Arthrex, Incorporated. (Related document(s): Motion for Leave 42 .)(Tedesco, Elizabeth) (Entered: 06/30/2005)
07/01/200544 Record of ORDER by Judge Stewart: Granting Plaintiffs' Unopposed Motion for Leave to File Amended Reply and extend Deadline (to 8/30/2005) to Add Parties, # 40 , and Granting Defendant's Motion for Leave to File First Amended Answer and Counterclaims, # 42 . (da, ) (Entered: 07/01/2005)
07/01/200545 Amended Answer and Counterclaim to Amended Complaint. Filed by Arthrex, Incorporated.(Tedesco, Elizabeth) (Entered: 07/01/2005)
07/12/200546  Reply to Defendant's First Amended Answer & Counterclaims. Filed by John O. Hayhurst.(Legaard, Brenna) (Entered: 07/12/2005)
07/12/200547  Reply to Defendant's First Amended Answer and Counterclaims. Filed by Smith & Nephew Incorporated.(Legaard, Brenna) (Entered: 07/12/2005)
07/13/200548  Notice of Withdrawal of Appearance. Filed by Elizabeth A. Tedesco appearing on behalf of Arthrex, Incorporated.(Tedesco, Elizabeth) (Entered: 07/13/2005)
07/26/200549  Notice Proposed Extension of Case Deadlines. Filed by Peter E. Heuser appearing on behalf of Arthrex, Incorporated.(Heuser, Peter) (Entered: 07/26/2005)
07/27/200550 Joint Motion for Extension of Time. Filed by Arthrex, Incorporated. (Tedesco, Elizabeth) (Entered: 07/27/2005)
07/28/200551 Record of ORDER by Judge Stewart - Granting Joint Motion to Extend Deadlines, # 50 . ORDER - Resetting the case scheduling deadlines as follows: August 26, 2005: Exchange of claim terms needing construction, September 16, 2005: Exchange of proposed claim constructions for identified terms, September 30, 2005: Deadline to add parties, November 4, 2005: Close of fact discovery and Magistrate consents due (if any), December 2, 2005: Exchange of initial expert reports, January 6, 2006: Exchange of rebuttal expert reports, February 24, 2006: Close of expert discovery, March 17, 2006: Dispositive Motions and opening Markman briefs due, April 14, 2006: Responses to dispositive motions and responsive Markman briefs due, April 28, 2006: Replies to dispositive motions and reply Markman briefs due, May 17, 2006 at 9:00 AM: Oral argument on dispositive motions/Markman hearing. (da, ) (Entered: 07/28/2005)
09/22/200552  Notice of Change of Address and Affiliation of Thomas M. Johnston. Filed by Brenna Kristine Legaard appearing on behalf of Smith & Nephew Incorporated, John O. Hayhurst.(Legaard, Brenna) (Entered: 09/22/2005)
11/04/200553 Joint Motion for Extension of Time. Filed by all parties. (Pitchford, Susan) (Entered: 11/04/2005)
11/04/200554  Memorandum in Support of Joint Motion to Extend Deadlines. Filed by all parties. (Related document(s): Motion for Extension of Time 53 .)(Pitchford, Susan) (Entered: 11/04/2005)
11/07/200555 Record of ORDER by Judge Stewart: Granting Joint motion to Extend Deadlines, # 53 . ORDER; Striking prior case deadlines and resetting the case schedule as follows: Parties to elect whether to waive privilege and produce opinions, if any by 1/6/2006. Magistrate Consents due and Fact Discovery to be completed by 2/3/2006. Exchange of burden expert reports by 3/3/2006. Exchange of rebuttal expert reports by 3/31/2006. Expert Discovery to be completed by 5/12/2006. Filing of opening Markman briefs and dispositive motions due by 6/2/2006. Response to Markman briefs and Dispositive Motions due by 6/30/2006. Replies to Markman briefs and Dispositive Motions due by 7/16/2006. Oral Argument on dispositive motions and Markman hearing is set for 7/25/2006 at 09:00 AM before Judge Stewart in Portland. (da, ) (Entered: 11/07/2005)
01/23/200656  Notice of Confirmation Regarding Assertion of Privilege. Filed by Peter E. Heuser appearing on behalf of Arthrex, Incorporated.(Heuser, Peter) (Entered: 01/23/2006)
02/03/200657 Joint Motion for Extension of Time for Deadlines. Filed by all parties. (Heuser, Peter) (Entered: 02/03/2006)
02/06/200658 Record of ORDER by Judge Stewart: Granting Joint Motion to Extend Deadlines, # 57 . ORDER: Close of Fact Discovery and written consents to proceed before a Magistrate Judge are to be completed by 4/13/2006. Exchange of burden Expert Witness Reports must be completed by 5/19/2006. Exchange of rebuttal Expert Reports to be completed by 6/16/2006. Close of expert discovery to be completed by 7/28/2006. Filing of opening Markman briefs and Dispositive Motions are due by 8/18/2006. Responses to Dispositive Motions and Markman briefs are due by 9/15/2006. Replies to Dispositive Motions and Markkman briefs are due by 9/29/2006. Oral Argument on dispositive motions and Markman hearing is reset before Judge Stewart from 7/25/2006 to 10/13/2006 at 09:00AM before Magistrate Judge Janice M. Stewart in Portland, OR. (da, ) (Entered: 02/06/2006)
03/23/200659 Order Granting Application for Special Admission Pro Hac Vice of Benjamin D. Enerson for Smith & Nephew Incorporated and John O. Hayhurst. Application Fee in amount of $100 collected. Receipt No. 8585 issued. Signed on 3/22/2006 by Judge Janice M. Stewart. (da, ) (Entered: 03/23/2006)
04/12/200660 Amended Stipulation re Protective Order 31 First Amendment to Joint Stipulated Protective Order by all plaintiffs. Filed by all plaintiffs. (Legaard, Brenna) (Entered: 04/12/2006)
04/13/200661 First Amendment to Joint Stipulated Protective Order. Signed on 4/13/2006 by Judge Janice M. Stewart. (da, ) (Entered: 04/13/2006)
05/02/200662 Stipulated Motion to Dismiss [Stipulation of Dismissal with Prejudice of Second Counterclaim and Third Counterclaim]. Filed by Smith & Nephew Incorporated, John O. Hayhurst. (Pitchford, Susan) (Entered: 05/02/2006)
05/03/200663 Record of ORDER by Judge Janice M. Stewart: Granting Stipulation of Dismissal with Prejudice of Second Counterclaim and Third Counterclaim, # 62 . (da, ) (Entered: 05/03/2006)
05/05/200664 Record of Order by Judge Janice M. Stewart: Setting a telephone discovery conference before Judge Stewart on 5/8/2006 at 01:30PM. The court will initiate the conference call. Conference set at request of Plaintiff's counsel. See Plaintiff's letter request dated 5/4/2006. (da, ) (Entered: 05/05/2006)
05/08/200665 Record of Order by Judge Janice M. Stewart: Striking the telephone discovery conference before Judge Stewart on 5/8/2006 as moot. (da, ) (Entered: 05/08/2006)
05/26/200666 Record of ORDER by Judge Janice M. Stewart. Because consents have not been received, this case is reassigned to the Honorable Judge Ancer L. Haggerty for all further proceedings. (da, ) (Entered: 05/26/2006)
05/26/200667 Record of Order by Judge Janice M. Stewart: Striking the Markman Hearing from Judge Stewart's calendar of 10/13/06 and resetting same on 10/6/2006 at 09:00AM in Portland before Chief Judge Ancer L. Haggerty. (da, ) (Entered: 05/26/2006)
06/02/200668 Notice of Case Reassignment: This case has been reassigned from Judge Janice Stewart to Judge Michael W. Mosman. (ntm, ) Modified on 6/5/2006 (ntm, ). (Entered: 06/05/2006)
06/07/200669 Scheduling Order by Michael W. Mosman. Status Conference is set for 6/7/2006 at 01:30PM in Telephone before Judge Michael W. Mosman. The court will initiate the call. Please have calendars ready. Ordered by Judge Michael W. Mosman. (dls, ) (Entered: 06/07/2006)
06/07/200670 Record of Order by Michael W. Mosman. At the request of the parties, Order STRIKING Status Conference is set for 6/7/2006 at 01:30PM. Ordered by Judge Michael W. Mosman. (dls, ) (Entered: 06/07/2006)
06/13/200671 Joint Motion for Extension of Discovery & PTO Deadlines [Joint Motion to Extend Deadlines and to Establish Procedure for Summary Judgment Briefing]. Filed by all parties. (Legaard, Brenna) (Entered: 06/13/2006)
06/13/200672  Memorandum in Support of Joint Motion to Extend Deadlines and to Establish Procedure for Summary Judgment Briefing. Filed by all parties. (Related document(s): Motion for Extension of Discovery & PTO Deadlines 71 .)(Legaard, Brenna) (Entered: 06/13/2006)
06/15/200673 Record of Order by Michael W. Mosman. Order GRANTING Joint Motion for Extension of Discovery & PTO Deadlines [Joint Motion to Extend Deadlines and to Establish Procedure for Summary Judgment Briefing] (#71). Exchange of Rebuttal Expert Reports to be completed by 7/21/2006. Close of expert discovery to be completed by 9/15/2006. Filing of opening Markman briefs and Dispositive Motions are due by 10/6/2006. Responses to Dispositive Motions and Markman briefs are due by 11/3/2006. Replies to Dispositive Motions and Markkman briefs are due by 11/17/2006. Markman Hearing and Oral Argument is set for 12/11/2006 at 09:00AM in Portland before Judge Michael W. Mosman. Ordered by Judge Michael W. Mosman. (dls, ) (Entered: 06/15/2006)
09/15/200674 Joint Motion for Extension of Time JOINT MOTION TO EXTEND DEADLINES. Filed by all plaintiffs. (Pitchford, Susan) (Entered: 09/15/2006)
09/15/200675  Memorandum in Support MEMORANDUM IN SUPPORT OF JOINT MOTION TO EXTEND DEADLINES. Filed by all plaintiffs. (Related document(s): Motion for Extension of Time 74 .) (Pitchford, Susan) (Entered: 09/15/2006)
09/19/200676 Record of Order by Michael W. Mosman. Status Conference is set for 9/19/2006 at 02:00PM in Telephone before Judge Michael W. Mosman, regarding the motion for extension of time (#74). The court will initiate the call. Ordered by Judge Michael W. Mosman. (dls) (Entered: 09/19/2006)
09/19/200677 MINUTES of Proceedings: Status Conference. Order GRANTING Joint Motion for Extension of Discovery & PTO Deadlines (#74). Close of expert discovery extended from 9/15/06, to be completed by 11/13/2006. Filing of opening Markman briefs and Dispositive Motions extended from 10/6/2006, due by 11/30/2006. Responses to Dispositive Motions and Markman briefs extended from 11/3/06, due by 1/5/2007. Replies to Dispositive Motions and Markkman briefs extended from 11/17/06, due by 1/19/07. RESETTING Markman Hearing and Oral Argument FROM 12/11/2006 at 09:00AM, SET FOR 2/26/2007 at 09:30AM in Portland before Judge Michael W. Mosman. Pretrial Order is due by 4/6/2007. Pretrial Conference is set for 5/21/2007 at 02:00PM in Portland before Judge Michael W. Mosman. 8-day Jury Trial is set for 6/5/2007 at 09:00AM in Portland before Judge Michael W. Mosman. Trial Management Order to follow. Mark Hebert and Susan Pitchford present as counsel for plaintiff(s). Steven Susser and Elizabeth Tedesco present as counsel for defendant(s). Court Reporter: Bonita Shumway. Michael W. Mosman presiding. (dls) (Entered: 09/20/2006)
09/26/200678 Trial Management Order. Signed on 9/26/2006 by Judge Michael W. Mosman. (mjp) (Entered: 09/26/2006)
09/27/200679  Motion to Compel PLAINTIFFS' MOTION TO COMPEL DISCOVERY RELATING TO WILLFUL INFRINGEMENT. Oral Argument requested Filed by all plaintiffs. (Legaard, Brenna) (Entered: 09/27/2006)
09/27/200680  Request Letter to Court from Counsel for Defendant Requesting Telephone Conference Relating to Additional Expert Reports. Filed by Arthrex, Incorporated. (Heuser, Peter) (Entered: 09/27/2006)
09/27/200681 Memorandum in Support. FILED UNDER SEAL. Filed by all plaintiffs. (Related document(s): Motion to compel 79 .) (cib) (Entered: 09/28/2006)
09/28/200683 Response To The Request. FILED UNDER SEAL. Filed by all plaintiffs. (Related document(s): Request 80 .) (cib) (Entered: 10/02/2006)
10/02/200682 Scheduling Order by Michael W. Mosman. Status Conference is set for 10/2/2006 at 01:00PM in Telephone before Judge Michael W. Mosman, regarding discovery issues. The court will initiate the call. Ordered by Judge Michael W. Mosman. (dls) (Entered: 10/02/2006)
10/02/200684 MINUTES of Proceedings: Status Conference. The court will not strike expert reports, as stated on the record. Mark Hebert and Brennan Legaard present as counsel for plaintiff(s). Peter Heuser, Steven Susser and Elizabeth Tedesco present as counsel for defendant(s). Court Reporter: Bonita Shumway. Michael W. Mosman presiding. (dls) (Entered: 10/02/2006)
10/09/200685  Memorandum in Opposition to Motion to Compel PLAINTIFFS' MOTION TO COMPEL DISCOVERY RELATING TO WILLFUL INFRINGEMENT 79 . Filed by Arthrex, Incorporated. (Tedesco, Elizabeth) (Entered: 10/09/2006)
10/09/200686  Declaration of Steven Susser in Support of Arthrex's Opposition to Plaintiffs' Motion to Compel Discovery Relating to Willful Infringement. Filed by Arthrex, Incorporated. (Related document(s): Memorandum in Opposition 85 .) (Attachments: # 1 Exhibit A) (Tedesco, Elizabeth) (Entered: 10/09/2006)
10/09/200687  Declaration of John Schmieding in Support of Arthrex's Opposition to Plaintiffs' Motion to Compel Discovery Relating to Willful Infringement. Filed by Arthrex, Incorporated. (Related document(s): Memorandum in Opposition 85 .) (Tedesco, Elizabeth) (Entered: 10/09/2006)
10/09/200688  Declaration of Reinhold Schmieding in Support of Arthrex's Opposition to Plaintiffs' Motion to Compel Discovery Relating to Willful Infringement. Filed by Arthrex, Incorporated. (Related document(s): Memorandum in Opposition 85 .) (Tedesco, Elizabeth) (Entered: 10/09/2006)
10/10/200689  Declaration of Reinhold Schmieding in Support of Arthrex's Opposition to Plaintiffs' Motion to Compel Discovery Relating to Willful Infringement (SUBSTITUTE). Filed by Arthrex, Incorporated. (Related document(s): Declaration, 88 , Memorandum in Opposition 85 .) (Tedesco, Elizabeth) (Entered: 10/10/2006)
10/10/200690  Motion for Leave PLAINTIFFS' MOTION FOR LEAVE OF COURT TO FILE A REPLY TO ARTHREX'S OPPOSITION TO PLAINTIFFS' MOTION TO COMPEL DISCOVERY RELATING TO WILLFUL INFRINGEMENT. Filed by all plaintiffs. (Legaard, Brenna) (Entered: 10/10/2006)
10/13/200691 ORDER: GRANTING Motion for Leave PLAINTIFFS' MOTION FOR LEAVE OF COURT TO FILE A REPLY TO ARTHREX'S OPPOSITION TO PLAINTIFFS' MOTION TO COMPEL DISCOVERY RELATING TO WILLFUL INFRINGEMENT 90 . Reply to the Motion to Compel is due 10/23/06. Ordered by Judge Michael W. Mosman. (dls) (Entered: 10/13/2006)
10/16/200692  Reply to Motion to Compel PLAINTIFFS' MOTION TO COMPEL DISCOVERY RELATING TO WILLFUL INFRINGEMENT 79 . Filed by all plaintiffs. (Attachments: # 1 Exhibit A in support of reply in support of motion to compel) (Legaard, Brenna) (Entered: 10/16/2006)
10/25/200693 Scheduling Order by Michael W. Mosman. Oral Argument is set for 10/26/2006 at 11:30AM in Portland before Judge Michael W. Mosman, regarding the motion to compel. Ordered by Judge Michael W. Mosman. (dls) (Entered: 10/25/2006)
10/25/200694 Scheduling Order by Michael W. Mosman. Oral Argument is set for 10/26/2006 at 11:30AM in Telephone before Judge Michael W. Mosman. Ordered by Judge Michael W. Mosman. (dls) (Entered: 10/25/2006)
10/25/200695  Motion for Hearing to Reschedule Hearing on Plaintiff's Motion to Compel Discovery Relating to Willful Infringement. Filed by Arthrex, Incorporated. (Tedesco, Elizabeth) (Entered: 10/25/2006)
10/25/200696 Memorandum in Support of Motion to Reschedule Hearing on Plaintiff's Motion to Compel Discovery Relating to Willful Infringement. Filed by Arthrex, Incorporated. (Related document(s): Motion for Hearing 95 .) (Tedesco, Elizabeth) (Entered: 10/25/2006)
10/25/200697  Response PLAINTIFFS' OPPOSITION TO DEFENDANT'S MOTION TO RESCHEDULE HEARING to Motion for Hearing to Reschedule Hearing on Plaintiff's Motion to Compel Discovery Relating to Willful Infringement 95 . Filed by all plaintiffs. (Pitchford, Susan) (Entered: 10/25/2006)
10/26/200698 Scheduling Order by Michael W. Mosman. Order GRANTING Motion for Hearing to Reschedule Hearing on Plaintiff's Motion to Compel Discovery Relating to Willful Infringement (#95). RESETTING Oral Argument FROM 10/26/06 at 11:30 by telephone, SET FOR 11/6/2006 at 12:00PM in Portland before Judge Michael W. Mosman. Ordered by Judge Michael W. Mosman. (dls) (Entered: 10/26/2006)
11/06/200699 MINUTES of Proceedings: Motion Hearing regarding Motion to Compel PLAINTIFFS' MOTION TO COMPEL DISCOVERY RELATING TO WILLFUL INFRINGEMENT 79 . Motion is taken under advisement as of 11/6/2006. John Skenyon and Brenna Legaard present as counsel for plaintiff(s). Peter Heuser and Steven Susser present as counsel for defendant(s). Court Reporter: Dennis Grube. Michael W. Mosman presiding. (Related document(s): Motion to compel 79 .) (dls) (Entered: 11/21/2006)
11/21/2006100 ORDER: Plaintiff's motion to compel 79 is GRANTED as follows. Finding no meaningful distinction between the facts of this case and the facts in TiVo, Inc. v. EchoStar Comm. Corp., et al., 448 F.3d 1294 (Fed. Cir. 2006), the court finds Arthrex's in-house counsel did provide a legal opinion regarding infringement and validity and that Arthrex waived its attorney-client privilege during its in-house counsel's deposition. As to the scope of the waiver, again following EchoStar, by revealing its in-house counsel's legal opinions, Arthrex has "waived attorney-client privilege with regard to any attorney-client communications relating to the same subject matter." Id. at 1299. Arthrex's counsel spoke both to infringement and validity; therefore, to the extent Arthrex has additional opinion counsel communications regarding these issues, they must be produced to Smith & Nephew as a matter of discovery. However, this order shall not be deemed a waiver of any arguments the parties may have about the admissibility of such evidence at trial. Ordered by Judge Michael W. Mosman. (dls) (Entered: 11/21/2006)
11/30/2006101  Motion for Leave TO FILE CLAIM CONSTRUCTION BRIEF IN EXCESS OF 35 PAGES. Filed by Arthrex, Incorporated. (Tedesco, Elizabeth) (Entered: 11/30/2006)
11/30/2006102  Memorandum in Support of Motion TO FILE CLAIM CONSTRUCTION BRIEF IN EXCESS OF 35 PAGES. Filed by Arthrex, Incorporated. (Related document(s): Motion for Leave 101 .) (Tedesco, Elizabeth) (Entered: 11/30/2006)
11/30/2006103 ORDER: GRANTING Motion for Leave TO FILE CLAIM CONSTRUCTION BRIEF IN EXCESS OF 35 PAGES 101 . Ordered by Judge Michael W. Mosman. (dls) (Entered: 11/30/2006)
11/30/2006104  Motion for Summary Judgment of Invalidity for Double Patenting. Oral Argumentrequested Filed by Arthrex, Incorporated. (Tedesco, Elizabeth) (Entered: 11/30/2006)
11/30/2006105  Declaration of Anthony P. Cho in Support of Arthrex, Inc.'s Motion for Summary Judgment of Invalidity for Double Patenting. Filed by Arthrex, Incorporated. (Related document(s): Motion for Summary Judgment 104 .) (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit D# 4 Exhibit E# 5 Exhibit F# 6 Exhibit G) (Tedesco, Elizabeth) (Entered: 11/30/2006)
11/30/2006106  Motion for Summary Judgment of Invalidity Over Prior Art. Oral Argumentrequested Filed by Arthrex, Incorporated. (Tedesco, Elizabeth) (Entered: 11/30/2006)
11/30/2006107  Declaration of Anthony P. Cho in Support of Arthres, Inc.'s Motion for Summary Judgment of Invalidity Over Prior Art. Filed by Arthrex, Incorporated. (Related document(s): Motion for Summary Judgment 106 .) (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D) (Tedesco, Elizabeth) (Entered: 11/30/2006)
11/30/2006108  Motion for Summary Judgment of Non-Infringement. Oral Argumentrequested Filed by Arthrex, Incorporated. (Tedesco, Elizabeth) (Entered: 11/30/2006)
11/30/2006109  Declaration of Anthony P. Cho in Support of Arthrex, Inc.'s Motion for Summary Judgment of Non-Infringement. Filed by Arthrex, Incorporated. (Related document(s): Motion for Summary Judgment 108 .) (Attachments: # 1 Exhibit A# 2 Errata F# 3 Exhibit G# 4 Exhibit K# 5 Exhibit L# 6 Exhibit M# 7 Exhibit N# 8 Exhibit O# 9 Exhibit V# 10 Exhibit W) (Tedesco, Elizabeth) (Entered: 11/30/2006)
11/30/2006110  Declaration of Anthony P. Cho in Support of Arthrex, Inc.'s Markman Brief. Filed by Arthrex, Incorporated. (Attachments: # 1 Exhibit A# 2 Exhibit B) (Heuser, Peter) (Entered: 11/30/2006)
11/30/2006111  Supplement Exhibits R-FF to Declaration of Anthony P. Cho in Support of Arthrex, Inc.'s Markman Brief. Filed by Arthrex, Incorporated. (Related document(s): Declaration 110 .) (Attachments: # 1 Exhibit R# 2 Exhibit S# 3 Exhibit T# 4 Exhibit U# 5 Exhibit W# 6 Exhibit W# 7 Exhibit Z# 8 Exhibit AA# 9 Exhibit BB# 10 Exhibit CC# 11 Exhibit DD# 12 Exhibit EE# 13 Exhibit FF) (Tedesco, Elizabeth) (Entered: 11/30/2006)
11/30/2006112  Supplement Exhibits C-D to Declaration of Anthony P. Cho in Support of Arthrex, Inc.'s Markman Brief. Filed by Arthrex, Incorporated. (Related document(s): Declaration 110 .) (Attachments: # 1 Exhibit C# 2 Exhibit D) (Heuser, Peter) (Entered: 11/30/2006)
11/30/2006113  Supplement Exhibits E-Q to Declaration of Anthony P. Cho In Support of Arthrex's Markman Brief. Filed by Arthrex, Incorporated. (Related document(s): Declaration 110 .) (Attachments: # 1 Exhibit E# 2 Exhibit F# 3 Exhibit G# 4 Exhibit H# 5 Exhibit I# 6 Exhibit J# 7 Exhibit K# 8 Exhibit L# 9 Exhibit M# 10 Exhibit N# 11 Exhibit O# 12 Exhibit P# 13 Exhibit Q) (Tedesco, Elizabeth) (Entered: 11/30/2006)
11/30/2006114 Omnibus Declaration of Brenna K. Legaard In Support of Smith & Nephew's Opening Claim Construction And Summary Judgment Briefs. FILED UNDER SEAL. VOLUME 1 OF 2. Filed by all plaintiffs. (cib) (Entered: 12/01/2006)
11/30/2006115 Omnibus Declaration of Brenna K. Legaard In Support Of Smith & Nephew's Opening Claim Construction and Summary Judgment Briefs. FILED UNDER SEAL. VOLUME 2 OF 2. Filed by all plaintiffs. (cib) (Entered: 12/01/2006)
11/30/2006116 Opening Brief In Support of Its Motion For Summary Judgment.FILED UNDER SEAL. Filed by all plaintiffs. (cib) (Entered: 12/01/2006)
11/30/2006117 Opening Claim Construction Brief. FILED UNDER SEAL. Filed by all plaintiffs. (cib) (Entered: 12/01/2006)
11/30/2006124 Markman Brief. Request For Oral Argument. FILED UNDER SEAL. Filed by Arthrex, Incorporated. (cib) (Entered: 12/06/2006)
11/30/2006125 Memorandum in Support. (Exhibit C)FILED UNDER SEAL Filed by Arthrex, Incorporated. (Related document(s): Motion for Summary Judgment 104 .) (cib) (Entered: 12/06/2006)
11/30/2006126 Memorandum in Support. (Exhibit E) FILED UNDER SEAL. Filed by Arthrex, Incorporated. (Related document(s): Motion for Summary Judgment 106 .) (cib) (Entered: 12/06/2006)
11/30/2006127 Memorandum in Support. FILED UNDER SEAL. Filed by Arthrex, Incorporated. (Related document(s): Motion for Summary Judgment 108 .) (cib) (Entered: 12/06/2006)
12/01/2006118  Motion for Clarification of Minute Order and To Stay Enforcement of Minute Order. Oral Argumentrequested Filed by Arthrex, Incorporated. (Tedesco, Elizabeth) (Entered: 12/01/2006)
12/01/2006119  Motion for Clarification of Minute Order and To Stay Enforcement of the Minute Order. Oral Argumentrequested Filed by Arthrex, Incorporated. (Tedesco, Elizabeth) (Entered: 12/01/2006)
12/01/2006120  Memorandum in Support of Arthrex, Inc.'s Motoin for Clarification of Minute Order and to Stay Enforcement of the Minute Order. Filed by Arthrex, Incorporated. (Related document(s): Motion for Clarification 119 .) (Tedesco, Elizabeth) (Entered: 12/01/2006)
12/01/2006121  Notice PLAINTIFFS' CORRECTED TABLE OF AUTHORITIES FOR ITS OPENING BRIEF IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT.Filed by all plaintiffs. (Legaard, Brenna) (Entered: 12/01/2006)
12/04/2006122  Memorandum in Opposition to Motion for Clarification of Minute Order and To Stay Enforcement of the Minute Order 119 , Motion for Clarification of Minute Order and To Stay Enforcement of Minute Order 118 . Filed by Smith & Nephew Incorporated, John O. Hayhurst. (Attachments: # 1 Exhibit 1) (Legaard, Brenna) (Entered: 12/04/2006)
12/05/2006123  Reply in Support of Arthrex Inc's to Motion for Clarification of Minute Order and To Stay Enforcement of the Minute Order 119 Oral Argument requested. Filed by Arthrex, Incorporated. (Tedesco, Elizabeth) (Entered: 12/05/2006)
12/20/2006128 Scheduling Order by Michael W. Mosman. Oral Argument is set for 12/21/2006 at 10:00AM in Telephone before Judge Michael W. Mosman, regarding Motion for Clarification of Minute Order and To Stay Enforcement of the Minute Order. The court will initiate the call. Ordered by Judge Michael W. Mosman. (dls) (Entered: 12/20/2006)
12/21/2006129 MINUTES of Proceedings: Motion Hearing. Order GRANTING Motion for Clarification of Minute Order and To Stay Enforcement of the Minute Order (#118). Order FINDING AS MOOT Motion for Clarification of Minute Order and To Stay Enforcement of the Minute Order (#119), as a duplicate motion. John Skenyon and Brenna LeGaard present as counsel for plaintiff(s). Steven Susser and Jason Killips present as counsel for defendant(s). Court Reporter: Bonita Shumway. Michael W. Mosman presiding. (dls) (Entered: 12/21/2006)
01/03/2007130 Joint Motion JOINT MOTION FOR ENLARGEMENT OF PAGE LIMIT FOR REPSONSES TO OPENING CLAIM CONSTRUCTION BRIEFS. Filed by all plaintiffs. (Legaard, Brenna) (Entered: 01/03/2007)
01/03/2007131  Memorandum in Support MEMORANDUM IN SUPPORT OF JOINT MOTION FOR ENLARGEMENT OF PAGE LIMIT FOR RESPONSES TO OPENING CLAIM CONSTRUCTION BRIEFS. Filed by all plaintiffs. (Related document(s): Motion 130 .) (Legaard, Brenna) (Entered: 01/03/2007)
01/04/2007137 Corrected Markman Brief. Request For Oral Argument. FILED UNDER SEAL. (not an original signature). Filed by Arthrex, Incorporated. (cib) (Entered: 01/08/2007)
01/04/2007138 Corrected Memorandum in Support Of Its Motion For Summary Judgment Of Non-Infringement.(not an original signature) FILED UNDER SEAL. Filed by Arthrex, Incorporated. (Related document(s): Motion for Summary Judgment 108 .) (cib) (Entered: 01/08/2007)
01/05/2007132 ORDER: GRANTING Joint Motion JOINT MOTION FOR ENLARGEMENT OF PAGE LIMIT FOR REPSONSES TO OPENING CLAIM CONSTRUCTION BRIEFS 130 . Ordered by Judge Michael W. Mosman. (dls) (Entered: 01/05/2007)
01/05/2007133  Declaration of Anthony P. Cho in Support of Arthrex, Inc.'s Response in Opposition to Smith & Nephew's Opening Claim Construction and Summary Judgment Briefs. Filed by Arthrex, Incorporated. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit E# 4 Exhibit G# 5 Exhibit H) (Tedesco, Elizabeth) (Entered: 01/05/2007)
01/05/2007134  Supplement Exhibits M-U to Declaration of Anthony P. Cho in support of Arthrex, Inc.'s Response in Opposition to Smith & Nephew's Opening Claim Construction and Summary Judgment Briefs. Filed by Arthrex, Incorporated. (Related document(s): Declaration, 133 .) (Attachments: # 1 Exhibit M# 2 Exhibit N# 3 Exhibit O# 4 Exhibit P# 5 Exhibit Q# 6 Exhibit R# 7 Exhibit S# 8 Exhibit T# 9 Exhibit U) (Tedesco, Elizabeth) (Entered: 01/05/2007)
01/05/2007135  Response Smith & Nephew's Opposition to Motion for Summary Judgment of Invalidity for Double Patenting 104 . Filed by all plaintiffs. (Legaard, Brenna) (Entered: 01/05/2007)
01/05/2007136  Response Smith & Nephew's Opposition to Motion for Summary Judgment of Invalidity Over Prior Art 106 . Filed by all plaintiffs. (Legaard, Brenna) (Entered: 01/05/2007)
01/05/2007139 Smith & Nephew's Response To Arthrex's Markman Brief. FILED UNDER SEAL. Filed by all plaintiffs. (cib) (Entered: 01/08/2007)
01/05/2007140 Opposition to Arthrex's Motion for Summary Judgment of Non-Infringement 108 . FILED UNDER SEAL. Filed by Smith & Nephew Incorporated. (cib) (Entered: 01/08/2007)
01/05/2007141 Supplemental Omnibus Declaration of Brenna K. Legaard In Support of Plaintiffs' Response To Defendant's Markman Brief And Oppostion To Defendant's Motion For Summary Judgment. FILED UNDER SEAL. Filed by all plaintiffs. (cib) (Entered: 01/08/2007)
01/05/2007148 Response To Smith & Nephew's Opening Claim Construction Brief. FILED UNDER SEAL. Filed by Arthrex, Incorporated. (cib) (Entered: 01/19/2007)
01/05/2007149 Declaration of Anthony P. Cho In Support of Arthrex Inc.'s Response In Opposition TO Smith & Nephew's Opening Claim Construction And Summary Judgment Briefs. FILED UNDER SEAL. Filed by Arthrex, Incorporated. (cib) (Entered: 01/19/2007)
01/05/2007153 Memorandum in Opposition To Smith And Newphew's Motion For Summary Judgment. FILED UNDER SEAL. Filed by Arthrex, Incorporated. (cib) (Entered: 01/22/2007)
01/09/2007154 Corrected Markman Brief. REQUEST FOR ORAL ARUGMENT. FILED UNDER SEAL. Filed by Arthrex, Incorporated. (cib) (Entered: 01/22/2007)
01/09/2007155 Corrected Memorandum in Support Of Its Motion For Summary Judgment Of Non-Infringement. FILED UNDER SEAL. Filed by Arthrex, Incorporated. (cib) (Entered: 01/22/2007)
01/16/2007142  Motion to Compel. Filed by Arthrex, Incorporated. (Heuser, Peter) (Entered: 01/16/2007)
01/16/2007143 Memorandum in Support of Arthrex's Motion to Compel. Filed by Arthrex, Incorporated. (Related document(s): Motion to compel 142 .) (Heuser, Peter) (Entered: 01/16/2007)
01/16/2007144  Declaration of Steven Susser in Support of Arthrex's Motion to Compel. Filed by Arthrex, Incorporated. (Related document(s): Motion to compel 142 .) (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E) (Heuser, Peter) (Entered: 01/16/2007)
01/18/2007145  Motion to File Excess Pages MOTION TO EXPAND PAGE LIMITATIONS. Filed by all plaintiffs. (Legaard, Brenna) (Entered: 01/18/2007)
01/19/2007146 ORDER: GRANTING Motion to File Excess Pages MOTION TO EXPAND PAGE LIMITATIONS 145 . Ordered by Judge Michael W. Mosman. (dls) (Entered: 01/19/2007)
01/19/2007147  Motion to File Excess Pages re Reply in Support of Motions for Summary Judgment. Filed by Arthrex, Incorporated. (Tedesco, Elizabeth) (Entered: 01/19/2007)
01/19/2007150  Reply REPLY IN SUPPORT OF SMITH & NEPHEW'S OPENING CLAIM CONSTRUCTION BRIEF. Filed by all plaintiffs. (Legaard, Brenna) (Entered: 01/19/2007)
01/19/2007151 Scheduling Order by Michael W. Mosman. Response is due by 1/22/2007, for the Motion to Compel. Oral Argument is set for 1/23/2007 at 11:30AM in Telephone before Judge Michael W. Mosman, for the Motion to Compel. Ordered by Judge Michael W. Mosman. (dls) (Entered: 01/19/2007)
01/19/2007152  Declaration of Brenna K. Legaard SECOND SUPPLEMENTAL OMNIBUS DECLARATION OF BRENNA K. LEGAARD IN SUPPORT OF SMITH & NEPHEW'S CLAIM CONSTRUCTION AND SUMMARY JUDGMENT REPLY BRIEFS. Filed by all plaintiffs. (Related document(s): Reply to Motion 150 .) (Attachments: # 1 Exhibit 115# 2 Exhibit 116# 3 Exhibit 117# 4 Exhibit 118# 5 Exhibit 119# 6 Exhibit 120) (Legaard, Brenna) (Entered: 01/19/2007)
01/19/2007157 Reply To Smith & Nephew's Opening Claim Construction Brief. FILED UNDER SEAL. Filed by Arthrex, Incorporated. (cib) (Entered: 01/22/2007)
01/19/2007158 Reply Brief In Support Of Its Motion For Summary Judgment Of Invalidity Based Upon Prior to Art 106 . FILED UNDER SEAL. Filed by Arthrex, Incorporated. (cib) (Entered: 01/22/2007)
01/19/2007159 Reply To Smith & Nephew's Opposition To Arthrex's Motion for Summary Judgment of Non-Infringement 108 . FILED UNDER SEAL. Filed by Arthrex, Incorporated. (cib) (Entered: 01/22/2007)
01/19/2007160 Declaration of Anthony P. Cho In Support Of Arthrex, Inc.'s Reply To Opposition To Arthrex's Motion For Summary Judgment Of Invalidity For Double Patenting.(not an original signature) FILED UNDER SEAL. Filed by Arthrex, Incorporated. (cib) (Entered: 01/22/2007)
01/19/2007161 Reply to Smith & Nephew's Opposition To Arthrex's Motion For Summary Judgment Of Invalidity For Double Patenting.FILED UNDER SEAL. Filed by Arthrex, Incorporated. (cib) (Entered: 01/22/2007)
01/19/2007162 Reply Brief In Support Of Its Motion For Summary Judgment. FILED UNDER SEAL. Filed by all plaintiffs. (cib) (Entered: 01/22/2007)
01/19/2007164  Exhibit 114 To Smith & Nephew's Reply To Arthrex's Response To Smith & Nephew's Opening Claim Construction Brief. Filed by all plaintiffs. (cib) (Entered: 01/22/2007)
01/22/2007156 Scheduling Order by Michael W. Mosman. RESETTING THE TIME for Oral Argument FROM 1/23/07 at 11:30am, SET FOR 1/23/2007 at 04:00PM in Telephone before Judge Michael W. Mosman. Ordered by Judge Michael W. Mosman. (dls) (Entered: 01/22/2007)
01/22/2007163 ORDER: GRANTING Motion to File Excess Pages re Reply in Support of Motions for Summary Judgment 147 . Ordered by Judge Michael W. Mosman. (dls) (Entered: 01/22/2007)
01/22/2007165  Response to Motion to Compel 142 . Filed by all plaintiffs. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7) (Legaard, Brenna) (Entered: 01/22/2007)
01/23/2007166 MINUTES of Proceedings: Motion Hearing. Order GRANTING Motion to Compel (#142). The parties may phone the courtroom deputy if the deposition last longer than 4 hours. Mark Hebert and Brennan Lagaard present as counsel for plaintiff(s). Peter Heuser and Steven Susser present as counsel for defendant(s). Court Reporter: Bonita Shumway. Michael W. Mosman presiding. (dls) (Entered: 01/24/2007)
02/20/2007167 Record of Order by Michael W. Mosman. In preparation for our upcoming hearing, the court issues the following order: Judge Hubel's claim constructions in Smith & Nephew, Inc. and John O. Hayhurst, M.D. v. Ethicon, Inc., which involved the same patent at issue here, is given preclusive effect. Except for his definition of "member" contained in footnote 1 of the Amended Findings and Recommendation, his constructions satisfy the Ninth Circuit's standard for collateral estoppel. See Reyn's Pasta Bella, LLC v. Visa USA, Inc., 442 F.3d 741, 746 (9th Cir. 2006); see also RF Del., Inc. v. Pac. Keystone Techs., Inc. 326 F.3d 1255, *1261 (Fed. Cir. 2003) ("the law of the regional circuit applies to the issue of collateral estoppel"). Opinion to follow. Ordered by Judge Michael W. Mosman. (dls) (Entered: 02/20/2007)
02/23/2007168 Record of Order by Michael W. Mosman. RESETTING THE TIME for the Pretrial Conference is set for 5/21/2007 at 10:00AM in Portland before Judge Michael W. Mosman. Ordered by Judge Michael W. Mosman. (dls) (Entered: 02/23/2007)
02/26/2007169 MINUTES of Proceedings: Markman/Motion Hearing regarding Motion for Summary Judgment of Invalidity Over Prior Art 106 , Motion for Summary Judgment of Non-Infringement 108 , Motion for Summary Judgment of Invalidity for Double Patenting 104 , and Motion for Summary Judgment (#116). #1) The court made the following claim constructions: * "Member": The "member" is the anchor itself. It need not be made up of only one piece. * "Lodging by pressing": To "press" means to cause to move by pressure. The type or nature of pressure used is not inherently limited. Thus, "press" can, though need not always, include hammering or tapping. It does not include screwing, however, which is a method for causing movement that requires more than the use of pressure. * "Resile": "Resile" means to return to or tend to return to a prior or original position in a manner that contributes, at least in part, to the lodging of the member in the hole. Completely returning to a prior or original position, though included, is not required. #2) The court made the following summary judgment rulings: The court will construe Smith & Nephew's Opening Brief filed under seal as their Motion for Summary Judgment, Motion (#116) is DENIED IN PART as to infringement, GRANTED IN PART as to the inequitable conduct defense, and otherwise, taken under advisement. Arthrex's Motion for Summary Judgment of Invalidity Over Prior Art 106 , Motion for Summary Judgment of Non-Infringement 108 , Motion for Summary Judgment of Invalidity for Double Patenting 104 are taken under advisement. Benjamin Enerson, John Skenyon, Mark Hebert and Brenna LeGaard present as counsel for plaintiff(s). Rodger Young, Steven Susser and Anthony Philip Cho present as counsel for defendant(s). Court Reporter: Bonita Shumway. Michael W. Mosman presiding. (Related document(s): Motion for Summary Judgment 106 , Motion for Summary Judgment 108 , Motion for Summary Judgment 104 .) (dls) (Entered: 02/27/2007)
03/01/2007170 ORDER: Arthrex's motion for summary judgment 108 as to non-infringement is DENIED IN PART as to the PEEK SutureTak, the Bio-SutureTak, and the PushLock devices, and GRANTED IN PART as to the V-Tak device. Arthrex's motion for summary judgment 106 for invalidity as to prior art (Perthes) is DENIED. Smith & Nephew's motion for summary judgment (#116) as relates to prior art is GRANTED IN PART as to McLaughlin, Screw-as-Post Technique, Augustine, and Somers. All issues not resolved by this order and the court's order entered 2/26/2007 remain under advisement. Opinion to follow. Ordered by Judge Michael W. Mosman. (dls) (Entered: 03/01/2007)
03/13/2007171 Transcript of Proceedings held on 2/26/07 before Judge Michael W. Mosman. Court Reporter: Bonita J. Shumway. (cib) (Entered: 03/15/2007)
03/19/2007172  Motion to Compel SMITH & NEPHEW'S RENEWED MOTION TO COMPEL DISCOVERY RELATING TO WILLFUL INFRINGEMENT. Filed by all plaintiffs. (Legaard, Brenna) (Entered: 03/19/2007)
03/19/2007173  Memorandum in Support MEMORANDUM IN SUPPORT OF SMITH & NEPHEW'S RENEWED MOTION TO COMPEL DISCOVERY RELATING TO WILLFUL INFRINGEMENT. Filed by all plaintiffs. (Related document(s): Motion to compel 172 .) (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7) (Legaard, Brenna) (Entered: 03/19/2007)
03/30/2007174 Opposition To Smith & Nephew, Inc.'s Renewed Motion to Compel 172 . FILED UNDER SEAL. Filed by Arthrex, Incorporated. (cib) (Entered: 04/02/2007)
03/30/2007175 Declaration of Steven Susser In Support of Arthrex's Opposition To Plaintiffs' Renewed Motion To Compel. FILED UNDER SEAL. Filed by Arthrex, Incorporated. (Related document(s): Response to Motion 174 .) (cib) (Entered: 04/02/2007)
04/02/2007176 ORDER: DENYING Motion to Compel 172 . The court will take up the admissibility of Arthrex's responses at the pretrial conference. Ordered by Judge Michael W. Mosman. (dls) (Entered: 04/02/2007)
04/04/2007177 Record of Order by Michael W. Mosman. Order GRANTING the parties 4/3/07 email request to waive the Pretrial Order. Pretrial Order is WAIVED. Ordered by Judge Michael W. Mosman. (dls) (Entered: 04/04/2007)
04/12/2007178 OPINION RE: CLAIM CONSTRUCTION & ISSUE PRECLUSION. Signed on 4/12/07 by Judge Michael W. Mosman. (dls) (Entered: 04/12/2007)
04/23/2007179  Exhibit List PLAINTIFFS' TRIAL EXHIBIT LIST. Filed by all plaintiffs. (Legaard, Brenna) (Entered: 04/23/2007)
04/23/2007180  Witness Statement PLAINTIFFS' WITNESS NARRATIVES. Filed by all plaintiffs. (Legaard, Brenna) (Entered: 04/23/2007)
04/23/2007181 Rebuttal Expert Report of Wilson C. Hayes, Ph.D. Regarding the Issue of Infringement. FILED UNDER SEAL. Filed by Smith & Nephew Incorporated, John O. Hayhurst. (ntm) (Entered: 04/24/2007)
04/23/2007182 Expert Report of David Randall Diduch, M.D., M.S. FILED UNDER SEAL. Filed by Smith & Nephew Incorporated, John O. Hayhurst. (ntm) (Entered: 04/24/2007)
04/23/2007183 Expert Report on Damages by Richard B. Troxel. FILED UNDER SEAL. Filed by Smith & Nephew Incorporated, John O. Hayhurst. (ntm) (Entered: 04/24/2007)
04/23/2007184 Expert Report of LIsa A. Pruitt, Ph.D. FILED UNDER SEAL. Filed by Smith & Nephew Incorporated, John O. Hayhurst. (ntm) (Entered: 04/24/2007)
04/23/2007185 Rebuttal Expert Report of Lisa A. Pruitt, Ph.D. to Arthrex Expert Reports of the Issue of Infringement FILED UNDER SEAL. Filed by Smith & Nephew Incorporated, John O. Hayhurst. (ntm) (Entered: 04/24/2007)
04/23/2007186 Supplemental Expert Report of David Randall Diduch, M.D., M.S.. FILED UNDER SEAL. Filed by Smith & Nephew Incorporated, John O. Hayhurst. (ntm) Modified on 4/24/2007 (Munoz, Nicole). (Entered: 04/24/2007)
04/23/2007187 Expert Report of Wilson C. Hayes, PH.D. FILED UNDER SEAL. Filed by Smith & Nephew Incorporated, John O. Hayhurst. (ntm) (Entered: 04/24/2007)
04/25/2007188 Record of Order by Michael W. Mosman. Order GRANTING the parties 4/25/07 email request to reset deposition designations. Deposition Designations are due Monday, May 7, 2007. Ordered by Judge Michael W. Mosman. (dls) (Entered: 04/25/2007)
04/30/2007189  Trial Memorandum PLAINTIFFS' TRIAL MEMORANDUM. Filed by all plaintiffs. (Legaard, Brenna) (Entered: 04/30/2007)
04/30/2007190  Trial Memorandum. Filed by Arthrex, Incorporated. (Tedesco, Elizabeth) (Entered: 04/30/2007)
04/30/2007191  Exhibit List. Filed by Arthrex, Incorporated. (Tedesco, Elizabeth) (Entered: 04/30/2007)
04/30/2007219 Witness Narrative. Authorized to be filed under seal. Filed by Arthrex, Incorporated. (dls) (Entered: 05/15/2007)
04/30/2007220 Expert Damages Report of Russell L Parr, CFA. Authorized to be filed under seal. Filed by Arthrex, Incorporated. (dls) (Entered: 05/15/2007)
04/30/2007221 Expert Report of Mr. David Carlson. Authorized to be filed under seal. Filed by Arthrex, Incorporated. (dls) (Entered: 05/15/2007)
04/30/2007222 Expert Report of Dr. Wayne Z. Burkhead. Authorized to be filed under seal. Filed by Arthrex, Incorporated. (dls) (Entered: 05/15/2007)
04/30/2007223 Expert Report of Dr. Wayne Burkhead. Authorized to be filed under seal. Filed by Arthrex, Incorporated. (dls) (Entered: 05/15/2007)
04/30/2007224 Expert Report of John E. Moalli on Infringement of U.S. Patent No.5,601,557. Authorized to be filed under seal. Filed by Arthrex, Incorporated. (dls) (Entered: 05/15/2007)
04/30/2007225 Expert Report of Dr. Allan F. Tencer, PH.D. Authorized to be filed under seal. Filed by Arthrex, Incorporated. (dls) (Entered: 05/15/2007)
04/30/2007226 Expert Report of Dr. Allan F. Tencer. Authorized to be filed under seal. Filed by Arthrex, Incorporated. (dls) (Entered: 05/15/2007)
04/30/2007227 Supplemental Expert Report of Dr. Allan F. Tencer, PH.D. Authorized to be filed under seal. Filed by Arthrex, Incorporated. (dls) (Entered: 05/15/2007)
04/30/2007228 Supplemental Expert Report of Russell L Parr, CFA. Authorized to be filed under seal. Filed by Arthrex, Incorporated. (dls) (Entered: 05/15/2007)
04/30/2007229 Expert Report of Jonathan Edward Greenleaf, M.D. in Rebuttal of Smith & Nephew's Expert Reports (#181-187). Authorized to be filed under seal. Filed by Arthrex, Incorporated. (dls) (Entered: 05/15/2007)
04/30/2007230 John E. Moalli's Response to Smith & Nephew's Expert Reports on Infringement of U.S. Patent No.5,601,557. Authorized to be filed under seal. Filed by Arthrex, Incorporated. (dls) (Entered: 05/15/2007)
04/30/2007231 Supplemental Report of Steven M. Kurtz. in Rebuttal of Smith & Nephew's Expert Reports (#181-187). Authorized to be filed under seal. Filed by Arthrex, Incorporated. (dls) (Entered: 05/15/2007)
04/30/2007232 Martha L. Villarraga's Response to Rebuttal Expert Report of Wilson C Hayes, PH.D. on the Issue of Infringement (#181 and #187). Authorized to be filed under seal. Filed by Arthrex, Incorporated. (dls) (Entered: 05/15/2007)
05/03/2007192  Motion to Quash Motion to Preclude Plaintiffs from Relying on Deposition Testimony. Filed by Arthrex, Incorporated. (Tedesco, Elizabeth) (Entered: 05/03/2007)
05/07/2007193  Voir Dire Arthrex, Inc.'s Requested Voir Dire. Filed by Arthrex, Incorporated. (Tedesco, Elizabeth) (Entered: 05/07/2007)
05/07/2007194  Objection to Trial Exhibit Arthrex, Inc.'s Obejctions to Plaintiffs' Witnesses and Exhibits. Filed by Arthrex, Incorporated. (Tedesco, Elizabeth) (Entered: 05/07/2007)
05/07/2007195  Designation of Deposition Testimony Arthrex, Inc.'s Objections to Deposition Designations Filed by Plaintiffs. Filed by Arthrex, Incorporated. (Tedesco, Elizabeth) (Entered: 05/07/2007)
05/07/2007196  Designation of Deposition Testimony Arthrex, Inc.'s Objections to Plaintiffs' Deposition Counterdesignations. Filed by Arthrex, Incorporated. (Tedesco, Elizabeth) (Entered: 05/07/2007)
05/07/2007197  Motion in limine. Filed by Arthrex, Incorporated. (Tedesco, Elizabeth) (Entered: 05/07/2007)
05/07/2007198  Witness Statement PLAINTIFFS' REBUTTAL WITNESS NARRATIVES. Filed by all plaintiffs. (Legaard, Brenna) (Entered: 05/07/2007)
05/07/2007200  Exhibit List PLAINTIFFS' REBUTTAL EXHIBIT LIST. Filed by all plaintiffs. (Legaard, Brenna) (Entered: 05/07/2007)
05/07/2007201  Voir Dire PLAINTIFFS' PROPOSED VOIR DIRE QUESTIONS. Filed by all plaintiffs. (Legaard, Brenna) (Entered: 05/07/2007)
05/07/2007202  Objection to Trial Exhibit PLAINTIFFS' OBJECTIONS TO DEFENDANT'S EXHIBIT LIST. Filed by all plaintiffs. (Legaard, Brenna) (Entered: 05/07/2007)
05/07/2007203 Joint Deposition Designation. FILED UNDER SEAL. Filed by all plaintiffs. (cib) (Entered: 05/08/2007)
05/07/2007204 JOINT Deposition Designations. FILED UNDER SEAL. (8-14) Filed by all plaintiffs. (cib) (Entered: 05/08/2007)
05/07/2007205 JOINT Deposition Designations. FILED UNDER SEAL. (15-20) Filed by all plaintiffs. (cib) (Entered: 05/08/2007)
05/07/2007206 Rebuttal Expert Report of Wilson C. Hayes PH.D. Regarding The Issues Of Validity. FILED UNDER SEAL. Filed by all plaintiffs. (cib) (Entered: 05/08/2007)
05/07/2007207 Expert Rebuttal Report Of Lisa A. Pruitt, PH.D. FILED UNDER SEAL. Filed by all plaintiffs. (cib) (Entered: 05/08/2007)
05/07/2007208 Rebuttal Expert Report of David Randall Diduch, M.D., M.S. FILED UNDER SEAL. Filed by all plaintiffs. (cib) (Entered: 05/08/2007)
05/07/2007209 Objection(s)To Defendant's Witness Narratives. FILED UNDER SEAL. Filed by all plaintiffs. (cib) (Entered: 05/08/2007)
05/07/2007210 Motion in limine. FILED UNDER SEAL. Filed by all plaintiffs. (cib) (Entered: 05/08/2007)
05/07/2007211 Memorandum in Support. FILED UNDER SEAL. Filed by all plaintiffs. (Related document(s): Motion in Limine 210 .) (cib) (Entered: 05/08/2007)
05/08/2007212 Order for Administrative Correction of the Record regarding Declaration, 199 filed by Arthrex, Incorporated. The Declaration(#199) was filed as a non sealed document. The attorney informed the court that the declaration is a Sealed Document. The Clerk of Court will seal the Declaration(#199). A Clerical error has been discovered in the case record. In accordance with Fed. R. Civ. P. 60(a), the Clerk is directed to make the following administrative corrections to the record and to notify all parties accordingly. (cib) (Entered: 05/08/2007)
05/14/2007213  Objection to Trial Exhibit Arthrex, Inc.'s Objections to Plaintiffs' Rebuttal Exhibits. Filed by Arthrex, Incorporated. (Tedesco, Elizabeth) (Entered: 05/14/2007)
05/14/2007214  Witness Statement Arthrex, Inc.'s Objections to Plaintiffs' Rebuttal Witness Narratives. Filed by Arthrex, Incorporated. (Tedesco, Elizabeth) (Entered: 05/14/2007)
05/14/2007215  Exhibit List Arthrex, Inc.'s Response to Plaintiffs' Objections to Arthrex's Trial Exhibits. Filed by Arthrex, Incorporated. (Tedesco, Elizabeth) (Entered: 05/14/2007)
05/14/2007216  Response in Opposition DR. HAYHURST'S OPPOSITION TO ARTHREX'S MOTION TO PRECLUDE DR. HAYHURST FROM RELYING ON DEPOSITION TESTIMONY to Motion to Quash Motion to Preclude Plaintiffs from Relying on Deposition Testimony 192 . Filed by all plaintiffs. (Legaard, Brenna) (Entered: 05/14/2007)
05/14/2007217  Objection to Trial Exhibit PLAINTIFFS' OBJECTIONS TO DEFENDANT'S REPLACEMENT TRIAL EXHIBIT NO. 526. Filed by all plaintiffs. (Legaard, Brenna) (Entered: 05/14/2007)
05/14/2007218  Witness Statement Dr. Hayhurst's Response to Defendant's Objections to Plaintiffs' Witnesses. Filed by all plaintiffs. (Legaard, Brenna) (Entered: 05/14/2007)
05/14/2007233 Response to Plaintiff's Objections To Witness Narratives. Authorized to be filed under seal. Filed by Arthrex, Incorporated. (Related document(s): Objection 209 .) (dls) (Entered: 05/15/2007)
05/14/2007234 Response to Plaintiff's Motion in limine 210 . Authorized to be filed under seal. Filed by Arthrex, Incorporated. (dls) (Entered: 05/15/2007)
05/14/2007235 Declaration of Steven Susser in support of Response to Plaintiff's Motion in limine 210 . Authorized to be filed under seal. Filed by Arthrex, Incorporated. (Related document(s): Response to Motion 234 .) (dls) (Entered: 05/15/2007)
05/14/2007236 Responses to Arthrex's Objection to Plaintiff's Trial Exhibit List. Filed under seal. Filed by all plaintiffs. (Related document(s): Objection to Trial Exhibit 194 .) (dls) (Entered: 05/15/2007)
05/14/2007237 Oppositions and Response to Arthrex's Motion in limine 197 . Filed under seal. Filed by all plaintiffs. (dls) (Entered: 05/15/2007)
05/14/2007251 Replacement Exhibits Nos. 2,3,5,21-24,27,31-34,36-40 To Memorandum In Support Of Plaintiffs' Motions In Limine. FILED UNDER SEAL. Filed by all plaintiffs. (cib) (Entered: 05/22/2007)
05/17/2007238  Motion to Supplement Trial Exhibits. Filed by Arthrex, Incorporated. (Attachments: # 1 Appendix A) (Tedesco, Elizabeth) (Entered: 05/17/2007)
05/17/2007239  Declaration of Steven Susser in Support of Arthrex's Motion to Supplement Trial Exhibits. Filed by Arthrex, Incorporated. (Related document(s): Motion to Supplement 238 .) (Attachments: # 1 Exhibit A# 2 Exhibit B) (Tedesco, Elizabeth) (Entered: 05/17/2007)
05/17/2007240  Proposed Jury Instructions DR. HAYHURST'S AMENDED JOB OF THE JURY INSTRUCTION. Filed by all plaintiffs. (Legaard, Brenna) (Entered: 05/17/2007)
05/17/2007241 ORDER: For the foregoing reasons, Smith & Nephew's motion for summary judgment is granted in part and denied in part 116 . Arthrex's motions for summary judgment as to infringement and prior art are also granted in part and denied in part. Finally, Arthrex's motion for summary judgment as todouble patenting is denied 104 . Signed on 5/17/07 by Judge Michael W. Mosman. (dls) (Entered: 05/17/2007)
05/17/2007242  Exhibits PLAINTIFFS' RESPONSE TO ARTHREX INC.'S MOTION TO SUPPLEMENT TRIAL EXHIBITS. Filed by all plaintiffs. (Attachments: # 1 Exhibit 1) (Legaard, Brenna) (Entered: 05/17/2007)
05/18/2007243  Motion to Amend/Correct Proposed Jury Instructions. Filed by Arthrex, Incorporated. (Tedesco, Elizabeth) (Entered: 05/18/2007)
05/18/2007244  Motion to Substitute a Document Arthrex, Inc.'s Motion to Substitute Reorganized Joint Jury Instructions. Filed by Arthrex, Incorporated. (Attachments: # 1 Appendix A) (Tedesco, Elizabeth) (Entered: 05/18/2007)
05/18/2007245 DR. HAYHURST'S OBJECTIONS TO ARTHREX'S NEW JURY INSTRUCTIONS. Filed by all plaintiffs. (Attachments: # 1 Exhibit 1) (Legaard, Brenna) Modified on 5/22/2007 (Brost, Colleen). (Entered: 05/18/2007)
05/18/2007246  PLAINTIFFS' OPPOSITION TO ARTHREX'S MOTION TO SUBSTITUTE. Filed by all plaintiffs. (Attachments: # 1 Exhibit A) (Legaard, Brenna) Modified on 5/22/2007 (Brost, Colleen). (Entered: 05/18/2007)
05/18/2007247  Proposed Jury Instructions PLAINTIFFS' OPPOSITION TO ARTHREX'S MOTION TO SUBSTITUTE. Filed by all plaintiffs. (Attachments: # 1) (Legaard, Brenna) (Entered: 05/18/2007)
05/18/2007248  PLAINTIFFS' OPPOSITION TO ARTHREX'S MOTION TO SUBSTITUTE. Filed by all plaintiffs. (Attachments: # 1 Exhibit a) (Legaard, Brenna) Modified on 5/22/2007 (Brost, Colleen). (Entered: 05/18/2007)
05/21/2007249  Reply to Motion to Quash Motion to Preclude Plaintiffs from Relying on Deposition Testimony 192 . Filed by Arthrex, Incorporated. (Tedesco, Elizabeth) (Entered: 05/21/2007)
05/21/2007250 Motion to Strike PLAINTIFFS' UNOPPOSED MOTION TO STRIKE MISFILED DOCKET ITEMS NOS. 246 AND 247 Jury instructions - Proposed 246 , Jury instructions - Proposed 247 . Filed by all plaintiffs. (Legaard, Brenna) (Entered: 05/21/2007)
05/21/2007252 MINUTES of Proceedings: Pretrial Conference. Order GRANTING IN PART/DENYING IN PART/TAKING UNDER ADVISEMENT IN PART Plaintiff's Motion in Limine (#210). Order DENYING IN PART/GRANTING IN PART Defendant's Motion in Limine (#197). The parties are to submit a revised list of witnesses, exhibits, verdict form, jury instructions, and "Job of the Jury," reflecting the court's pretrial rulings no later than 10:00 a.m. Tuesday, May 29, 2007. Order GRANTING Motion to Supplement Trial Exhibits (#238). Order GRANTING Motion to Amend/Correct Proposed Jury Instructions (#243). Order GRANTING Motion to Substitute Reorganized Joint Jury Instructions (#244) with deleted information replaced. Parties are free to reorganize instructions as they deem appropriate during upcoming negotiations.Order GRANTING Plaintiff's Oral Motion to Exclude Witnesses, including all expert witnesses. Trial will start at 9:00am, Tuesday June 5, 2007. The court requests the parties to be present at 8:45am. Benjamin Enerson, Mark Hebert, and Brenna Legaard present as counsel for plaintiff(s). Rodger Young and Steven Susser present as counsel for defendant(s). Court Reporter: Bonita Shumway. Michael W. Mosman presiding. (Related document(s): Scheduling 168 .) (dls) (Entered: 05/22/2007)
05/23/2007253 ORDER: DENIED AS MOOT Motion to Quash 192 . Ordered by Judge Michael W. Mosman. (dls) (Entered: 05/23/2007)
05/24/2007254 ORDER: DENYING AS MOOT Motion to Strike PLAINTIFFS' UNOPPOSED MOTION TO STRIKE MISFILED DOCKET ITEMS NOS. 246 AND 247 Jury instructions - Proposed 246 , Jury instructions - Proposed 247 250 . Ordered by Judge Michael W. Mosman. (dls) (Entered: 05/24/2007)
05/24/2007255  Motion for Clarification AND FOR EVIDENTIARY HEARING. Filed by Arthrex, Incorporated. (Tedesco, Elizabeth) (Entered: 05/24/2007)
05/24/2007256  Memorandum in Support of Motion for Clarification and for Evidentiary Hearing. Filed by Arthrex, Incorporated. (Related document(s): Motion for Clarification 255 .) (Tedesco, Elizabeth) (Entered: 05/24/2007)
05/24/2007257  Declaration of Ashley Willobee. Filed by Arthrex, Incorporated. (Related document(s): Motion for Clarification 255 .) (Tedesco, Elizabeth) (Entered: 05/24/2007)
05/24/2007270 Transcript of Proceedings held on 5/21/07 before Judge Michael W. Mosman. Court Reporter: Bonita J. Shumway.. (cib) (Entered: 05/30/2007)
05/25/2007258  Motion for Protective Order. Filed by Arthrex, Incorporated. (Tedesco, Elizabeth) (Entered: 05/25/2007)
05/25/2007259 Memorandum in Support of Motion for Protective Order. Filed by Arthrex, Incorporated. (Related document(s): Motion for Protective Order 258 .) (Tedesco, Elizabeth) (Entered: 05/25/2007)
05/25/2007260  Declaration of Steven Susser in Support of Motion for Protective Order. Filed by Arthrex, Incorporated. (Related document(s): Motion for Protective Order 258 .) (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C) (Tedesco, Elizabeth) (Entered: 05/25/2007)
05/25/2007261  Response in Opposition DR. HAYHURST'S OPPOSITION TO ARTHREX'S MOTION FOR PROTECTIVE ORDER to Motion for Protective Order 258 . Filed by all plaintiffs. (Legaard, Brenna) (Entered: 05/25/2007)
05/25/2007268 Oppition To Arthrex's Motion For Evidentiary Hearing and Clarification Relating To Arthrex's Destruction Of Evidence. FILED UNDER SEAL. Filed by all plaintiffs. (cib) (Entered: 05/30/2007)
05/29/2007262 ORDER: Arthrex's motion for a protective order 258 is DENIED. The parties are reminded that they are to jointly submit revised witness lists, exhibits, verdict form, and jury instructions reflecting the court's pretrial rulings by 10:00 a.m. May 29, 2007. Ordered by Judge Michael W. Mosman. (dls) (Entered: 05/29/2007)
05/29/2007263  Objection to Trial Exhibit PLAINTIFFS' REVISED OBJECTIONS TO DEFENDANT'S TRIAL EXHIBIT LIST. Filed by all plaintiffs. (Legaard, Brenna) (Entered: 05/29/2007)
05/29/2007264  Witness List Narrowed Witness Topic List. Filed by Arthrex, Incorporated. (Tedesco, Elizabeth) (Entered: 05/29/2007)
05/29/2007265  Exhibit List Narrowed Trial Exhibit List and Responses to Plaintiffs' Proposed Narrowing of Arthrex Trial Exhibits. Filed by Arthrex, Incorporated. (Tedesco, Elizabeth) (Entered: 05/29/2007)
05/29/2007266 ORDER: Arthrex's motion for evidentiary hearing and clarification is GRANTED IN PART & DENIED IN PART 255 . As to spoliation of evidence, the motion is DENIED. The court further clarifies its ruling on Arthrex's motion in limine #7 as follows: Dr. Hayes may testify about Arthrex's tests that he previously discussed in his expert report(s) and deposition(s). Otherwise, he is precluded from testifying about the topics identified in Exhibit O. Ordered by Judge Michael W. Mosman. (dls) (Entered: 05/29/2007)
05/29/2007267  Witness List PLAINTIFFS' RESPONSES TO ARTHREX'S NARROWED WITNESS TOPIC LIST. Filed by all plaintiffs. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C) (Legaard, Brenna) (Entered: 05/29/2007)
05/29/2007269 Expert Report Narrowed Lay Witness Statements and Narrowed Trial Exhibit Lists. FILED UNDER SEAL. Filed by all plaintiffs. (cib) (Entered: 05/30/2007)
05/29/2007271 Narrowed Expert Reports, Narrowed Lay Witness Statements And Narrowed Trial Exhibit Lists. FILED UNDER SEAL. Filed by all plaintiffs. (cib) (Entered: 05/30/2007)
05/30/2007272 Objection to Plaintiffs' Narrowed Expert Reports, Narrowed Lay Witness Statements and Narrowed Trial Exhibit List. Filed by Arthrex, Incorporated. (Tedesco, Elizabeth) Modified on 5/31/2007 (Brost, Colleen). (Entered: 05/30/2007)
05/30/2007273  Motion for Leave to File Replacement Trial Exhibit. Filed by Arthrex, Incorporated. (Tedesco, Elizabeth) (Entered: 05/30/2007)
05/30/2007274 Record of Order by Michael W. Mosman. Arthrex's Objections to Smith & Nephew's Exhibits are resolved as follows: (please see order for full text). Smith & Nephew's Objections to Arthrex's Exhibits are resolved as follows: (please see order for full text). The parties are to retrieve their 3-ring binder trial notebooks, both original and Judge's copy to conform with recent rulings, and resubmit to the court no later than 4:00pm Friday June 1, 2007. Please contact Dawn Stephens for retrieval arrangements. Trial will start at 9:00am, Tuesday June 5, 2007. The court requests the parties to be present to discuss court matters at 8:30am. Ordered by Judge Michael W. Mosman. (dls) Additional attachment(s) added on 5/30/2007 (Stephens, Dawn). (Entered: 05/30/2007)
05/30/2007275 Revised Expert Report Of Richard B. Troxel Dated May 28, 2007. FILED UNDER SEAL. Filed by all plaintiffs. (cib) (Entered: 05/31/2007)
06/01/2007276 Unopposed Exhibit List PLAINTIFFS' UNOPPOSED MOTION TO SUPPLEMENT TRIAL EXHIBIT LIST. Filed by all plaintiffs. (Legaard, Brenna) (Entered: 06/01/2007)
06/01/2007277 Proposed Proposed Form of Order Submitted [PROPOSED] ORDER PERMITTING MATERIALS TO ENTER COURTROOM. Filed by all plaintiffs. (Legaard, Brenna) (Entered: 06/01/2007)
06/01/2007280 Motion To Conform A Select Group Of Data Images From Exhibit 863 To The Pretrial Management Order and For Their Admission As Trial Exhibits. FILED UNDER SEAL. Filed by all defendants. (cib) (Entered: 06/04/2007)
06/01/2007281 Memorandum in Support. FILED UNDER SEAL. Filed by all defendants. (Related document(s): Motion 280 .) (cib) (Entered: 06/04/2007)
06/01/2007282 Declaration of Steven Susser In Support of Motion. FILED UNDER SEAL. Filed by Arthrex, Incorporated. (Related document(s): Motion 280 .) (cib) (Entered: 06/04/2007)
06/04/2007278  Notice of Withdrawal of Invalidity Defense.Filed by Arthrex, Incorporated. (Tedesco, Elizabeth) (Entered: 06/04/2007)
06/04/2007279  Proposed Form of Order Submitted Permitting Materials to Enter Courtroom. Filed by Arthrex, Incorporated. (Tedesco, Elizabeth) (Entered: 06/04/2007)
06/04/2007283  Proposed Jury Instructions DR. HAYHURST'S SECOND AMENDED JOB OF THE JURY INSTRUCTION. Filed by all plaintiffs. (Legaard, Brenna) (Entered: 06/04/2007)
06/04/2007284  Proposed Jury Instructions PLAINTIFFS' SECOND AMENDED PROPOSED PRELIMINARY INSTRUCTIONS. Filed by all plaintiffs. (Legaard, Brenna) (Entered: 06/04/2007)
06/04/2007285  Proposed Jury Verdict Form DR. HAYHURST'S SECOND AMENDED PROPOSED JURY VERDICT FORM. Filed by all plaintiffs. (Legaard, Brenna) (Entered: 06/04/2007)
06/04/2007286  Exhibit List PLAINTIFFS' MOTION TO SUPPLEMENT TRIAL EXHIBIT LIST. Filed by all plaintiffs. (Attachments: # 1 Exhibit 7A# 2 Exhibit 7B# 3 Exhibit 7C# 4 Exhibit 43A# 5 Exhibit 43B) (Legaard, Brenna) (Entered: 06/04/2007)
06/04/2007287  Objection to Trial Exhibit PLAINTIFFS' NOTICE OF OBJECTION TO ARTHREX'S TRIAL DEMONSTRATIVES. Filed by all plaintiffs. (Attachments: # 1 Exhibit 1) (Legaard, Brenna) (Entered: 06/04/2007)
06/05/2007288 Order Permitting Materials To Enter Courtroom. Signed on 6/5/07 by Judge Michael W. Mosman. (cib) (Entered: 06/05/2007)
06/05/2007290 MINUTES of Proceedings: RECORD OF FIRST DAY OF TRIAL: Defendant WITHDRAWS Invalidity. Court OVERRULES Defense Objection to "Valid Patent" language. Order GRANTING Defendant's Motion to Supplement 863 A-H (#280). Exhibits #863 A-H RECEIVED. Expert Reports will not be allowed as exhibits.Defendant's Objection Plaintiff's Exhibits #105-108, HELD IN ABEYANCE.Court clarified ruling on Plaintiff's Exhibits #77-85. Plaintiff's Exhibit #111, AND 137 WITHDRAWN. Order SUSTAINING Plaintiff's Objection to Defendant's Exhibits #668, 671, 673, 674, 677, and 678. Order OVERRULING Plaintiff's Objection to Defendant's Exhibit 736. Order SUSTAINING Plaintiff's Objection allowing the jury to discuss the case amongst themselves prior to deliberation.Reference to Lisa Pruitt's absence HELD IN ABEYANCE. Order GRANTING Motion (#273). Order DENYING Plaintiff's Motion Objecting to Defendant's demonstrative exhibits as it related to claim construction and GRANTED as to improper comparisons between '557 embodiments and the accused devices.Jury voir dired, selected and sworn. See separate sheet of voir dire questions. Opening statements given by counsel. Witnesses sworn and evidence adduced. See separate list of witnesses and exhibits. Trial will resume 9:00am, Wednesday June 6, 2007. The court requests the parties to be present at 8:45am. John Skenyon, Mark Hebert and Brenna Legaard present as counsel for plaintiff(s). Rodger Young and Steven Susser present as counsel for defendant(s). Court Reporter: Bonita Shumway and Nancy Walker. Michael W. Mosman presiding. (Attachments: # 1 voir dire questions) (dls) (Entered: 06/08/2007)
06/05/2007296 Motion To Add Impeachment Exhibits. FILED UNDER SEAL. Filed by all defendants. (cib) (Entered: 06/11/2007)
06/06/2007289 Supplemental Exhibit List PLAINTIFFS' SECOND SUPPLEMENTAL TRIAL EXHIBIT LIST. Filed by all plaintiffs. (Attachments: # 1 Exhibit 7A# 2 Exhibit 7B# 3 Exhibit 7C# 4 Exhibit 43A# 5 Exhibit 43B# 6 Exhibit 45C# 7 Exhibit 45D) (Legaard, Brenna) (Entered: 06/06/2007)
06/06/2007291 MINUTES of Proceedings: RECORD OF SECOND DAY OF TRIAL: Witnesses sworn and evidence adduced. See separate list of witnesses and exhibits. Order GRANTING Plaintiff's request to receive Impeachment Exhibit List identifying exhibit #215. Trial will resume 9:00am, Thursday June 7, 2007. John Skenyon, Mark Hebert and Brenna Legaard present as counsel for plaintiff(s). Rodger Young and Steven Susser present as counsel for defendant(s). Court Reporter: Bonita Shumway and Nancy Walker. Michael W. Mosman presiding. (dls) Modified on 6/12/2007 (Stephens, Dawn). (Entered: 06/08/2007)
06/07/2007292 MINUTES of Proceedings: RECORD OF THIRD DAY OF TRIAL: Witnesses sworn and evidence adduced. See separate list of witnesses and exhibits. Plaintiff's Exhibits #73 and #74 REDACTED and RECEIVED. Plaintiff Rests. Trial will resume 9:00am, Friday June 8, 2007. John Skenyon, Mark Hebert and Brenna Legaard present as counsel for plaintiff(s). Rodger Young and Steven Susser present as counsel for defendant(s). Court Reporter: Bonita Shumway and Nancy Walker. Michael W. Mosman presiding. (dls) (Entered: 06/08/2007)
06/08/2007293 MINUTES of Proceedings: RECORD OF FOURTH DAY OF TRIAL: Witnesses sworn and evidence adduced. See separate list of witnesses and exhibits. Order GRANTING Plaintiff's request to receive Impeachment List identifying Exhibit #216 and #217. Order GRANTING Plaintiff's request to receive Impeachment Exhibit List identifying #218-223. Trial will resume 8:40am, Monday June 11, 2007. John Skenyon, Mark Hebert and Brenna Legaard present as counsel for plaintiff(s). Rodger Young and Steven Susser present as counsel for defendant(s). Court Reporter: Bonita Shumway and Nancy Walker. Michael W. Mosman presiding. (dls) Modified on 6/12/2007 (Stephens, Dawn). Modified on 6/12/2007 (Stephens, Dawn). (Entered: 06/08/2007)
06/08/2007294 Third Exhibit List PLAINTIFFS' THIRD SUPPLEMENTAL TRIAL EXHIBIT LIST. Filed by all plaintiffs. (Legaard, Brenna) (Entered: 06/08/2007)
06/08/2007295 Fourth Exhibit List PLAINTIFFS' FOURTH SUPPLEMENTAL TRIAL EXHIBIT LIST. Filed by all plaintiffs. (Legaard, Brenna) (Entered: 06/08/2007)
06/08/2007303 Motion for Leave To Add Trial Exhibits. FILED UNDER SEAL. Filed by Arthrex, Incorporated. (cib) (Entered: 06/12/2007)
06/08/2007304 Memorandum in Support Of Arthrex's Motion For Judgment As A Matter Of Law As The Pushlock Products. FILED UNDER SEAL. Filed by Arthrex, Incorporated. (cib) (Entered: 06/12/2007)
06/08/2007305 Motion for Judgment As A Matter Of Law As To The Pushlock Products. FILED UNDER SEAL. Filed by Arthrex, Incorporated. (cib) (Entered: 06/12/2007)
06/11/2007297  Memorandum in Opposition PLAINTIFFS' OPPOSITION TO ARTHREX'S MOTION FOR JUDGMENT AS A MATTER OF LAW AS TO THE PUSHLOCK PRODUCTS. Filed by all plaintiffs. (Legaard, Brenna) (Entered: 06/11/2007)
06/11/2007298  Motion to Strike PLAINTIFFS' MOTION TO STRIKE TESTIMONY OF ARTHREX EXPERT JOHN MOALLI RE BONE & ITS CHARACTERISTICS. Filed by all plaintiffs. (Legaard, Brenna) (Entered: 06/11/2007)
06/11/2007299  Expert Statement PLAINTIFF'S SUBMISSION IN SUPPORT OF ITS OBJECTION TO DR. MOALLI'S TESTIMONY ON "RESILIENCE". Filed by all plaintiffs. (Legaard, Brenna) (Entered: 06/11/2007)
06/11/2007300  Designation of Deposition Testimony PLAINTIFFS' OBJECTIONS TO DEPOSITION TESTIMONY TO BE READ AT TRIAL. Filed by all plaintiffs. (Attachments: # 1 Exhibit A) (Legaard, Brenna) (Entered: 06/11/2007)
06/11/2007301  Exhibit List PLAINTIFFS' FIFTH SUPPLEMENTAL TRIAL EXHIBIT LIST. Filed by all plaintiffs. (Legaard, Brenna) (Entered: 06/11/2007)
06/11/2007308  Exhibits To Docket No. 298 re Motion to Strike PLAINTIFFS' MOTION TO STRIKE TESTIMONY OF ARTHREX EXPERT JOHN MOALLI RE BONE & ITS CHARACTERISTICS 298 . FILED UNDER SEAL. Filed by all plaintiffs. (cib) (Entered: 06/12/2007)
06/11/2007309  Exhibits To Docket No 299 . FILED UNDER SEAL. Filed by all plaintiffs. (cib) (Entered: 06/12/2007)
06/11/2007323 MINUTES of Proceedings: Jury Trial - FIFTH DAY - Witnesses sworn and evidence adduced. Order GRANTING Motion to Strike PLAINTIFFS' MOTION TO STRIKE TESTIMONY OF ARTHREX EXPERT JOHN MOALLI RE BONE & ITS CHARACTERISTICS (#298). Order GRANTING Motion for Leave To Add Trial Exhibits (#303). Order DENYING Motion for Judgment As A Matter Of Law As To The Pushlock Products (#305). Trial will resume 9:00am, Tuesday June 12, 2007. John Skenyon, Mark Hebert and Brenna Legaard present as counsel for plaintiff(s). Rodger Young and Steven Susser present as counsel for defendant(s). Court Reporter: Bonita Shumway and Nancy Walker. Michael W. Mosman presiding. (dls) (Entered: 06/20/2007)
06/12/2007302  Expert Statement Arthrex's Response Regarding Dr. John Moalli Testimony Concerning "Resilience". Filed by Arthrex, Incorporated. (Attachments: # 1 Exhibit Ex A - Moalli Resilience References# 2 Exhibit Tab 1 to Exhibit A# 3 Exhibit Tab 2 to Exhibit A# 4 Exhibit Tab 3 to Exhibit A# 5 Exhibit Tab 4 to Exhibit A# 6 Exhibit Tab 5 to Exhibit A# 7 Exhibit Tab 6 to Exhibit A# 8 Exhibit Tab 7 to Exhibit A) (Susser, Steven) (Entered: 06/12/2007)
06/12/2007306 Order for Administrative Correction of the Record. A Clerical error has been discovered in the case record. In accordance with Fed. R. Civ. P. 60(a), the Clerk is directed to make the following administrative corrections to the record and to notify all parties accordingly. The clerk is directed to amended trial proceeding minute order (#291) and (#293) to reflect the court allowed the filing to Supplement Impeachment Exhibit Lists to include #216 - #228. These exhibits have not been received yet for the purposes of trial. (dls) (Entered: 06/12/2007)
06/12/2007307  Proposed Jury Instructions Motion for Spoliation Instruction. Filed by Arthrex, Incorporated. (Attachments: # 1 Brief in Support of Motion for Spoliation Instruction# 2 Exhibit Ex A - Proposed Instruction# 3 Exhibit Ex B - Proposed Instruction) (Susser, Steven) (Entered: 06/12/2007)
06/12/2007310  Proposed Jury Instructions PLAINTIFFS' OBJECTION TO ARTHREX'S SECOND AMENDED PROPOSED INSTRUCTION NO. 4 REGARDING "LODGING". Filed by all plaintiffs. (Legaard, Brenna) (Entered: 06/12/2007)
06/12/2007311  Exhibits ATTACHMENT - 276 F3d 1304 re Jury instructions - Proposed 310 . Filed by all plaintiffs. (Legaard, Brenna) (Entered: 06/12/2007)
06/12/2007312  Response in Opposition PLAINTIFFS' OPPOSITION TO ARTHREX'S MOTION FOR SPOLIATION INSTRUCTION (DOCKET NO. 307). Filed by all plaintiffs. (Attachments: # 1 Exhibit 1) (Legaard, Brenna) (Entered: 06/12/2007)
06/12/2007324 MINUTES of Proceedings: Jury Trial - SIXTH DAY - Witnesses sworn and evidence adduced. Exhibit 864 A-P, but not including N and P, RECEIVED. Defendant rests. Order DENYING Motion for Judgment as a Matter of Law as to All Claims (#315). Order DENYING Motion for Judgment as a Matter of Law as to the Bio-Suture Tak and PushLock Anchors (#317). Jury Instructions and verdict form discussed. Trial will resume 9:00am, Wednesday June 13, 2007. John Skenyon, Mark Hebert and Brenna Legaard present as counsel for plaintiff(s). Rodger Young and Steven Susser present as counsel for defendant(s). Court Reporter: Bonita Shumway and Nancy Walker. Michael W. Mosman presiding. (dls) (Entered: 06/20/2007)
06/13/2007313  Motion for Leave to File 1006 Summary as Trial Exhibit. Filed by Arthrex, Incorporated. (Attachments: # 1 Appendix A) (Tedesco, Elizabeth) (Entered: 06/13/2007)
06/13/2007314  Proposed Jury Instructions Defendant Arthrex, Inc. Response to Plaintiffs' Objection to Instruction Regarding "Lodging". Filed by Arthrex, Incorporated. (Tedesco, Elizabeth) (Entered: 06/13/2007)
06/13/2007315  Motion for Judgment as a Matter of Law as to All Claims. Filed by Arthrex, Incorporated. (Tedesco, Elizabeth) (Entered: 06/13/2007)
06/13/2007316  Memorandum in Support of Motion for Judgment as a Matter of Law as to All Claims. Filed by Arthrex, Incorporated. (Related document(s): Motion for judgment 315 .) (Tedesco, Elizabeth) (Entered: 06/13/2007)
06/13/2007317  Motion for Judgment as a Matter of Law as to the Bio-Suture Tak and PushLock Anchors. Filed by Arthrex, Incorporated. (Tedesco, Elizabeth) (Entered: 06/13/2007)
06/13/2007318  Memorandum in Support of Arthrex's Motion for Judgment as a Matter of Law as to the Bio-Suture Tak and PushLock Anchors. Filed by Arthrex, Incorporated. (Related document(s): Motion for judgment 317 .) (Tedesco, Elizabeth) (Entered: 06/13/2007)
06/13/2007325 MINUTES of Proceedings: Jury Trial - SEVENTH DAY - Plaintiff WITHDRAWS 117, 127. Order GRANTING Defendant's Objection of Exhibits 97-101, 124, 151, exhibits not received. Defendants WITHDRAW exhibits. See separate list of withdrawn defendant's exhibits. Jury Instructions and verdict form rulings made. Exhibit 610 WITHDRAWN. Exhibits 217, 763, 764, 765 not received. Order GRANTING Plaintiff's objection to #553s, not received. Court Instructs the jury. Closing arguments given. Lunch Order for 8 jurors, from Big Town Hero. Juror Note I. received. Telephone Status Conference held. Answer written on Juror Note I. Jury Note II. Telephone Status Conference held. Court instructs the jury. Juror Note III. received. See notes attached except Juror Note I, which the jury disposed of. Court sends the jury home. Jury to resume deliberations at 9:00am, Thursday June 14, 2007. John Skenyon, Mark Hebert and Brenna Legaard present as counsel for plaintiff(s). Rodger Young and Steven Susser present as counsel for defendant(s). Court Reporter: Bonita Shumway. Michael W. Mosman presiding. (Attachments: # 1 withdrawn exhibits# 2 jury note 2# 3 jury note 2) (dls) (Entered: 06/20/2007)
06/13/2007327 Court's Instructions to the Jury. (dls) (Entered: 06/20/2007)
06/14/2007321 Plaintiffs' Submission of Deposition Testimony Played by Videotape to be Added to the Record as a Court Exhibit. FILED UNDER SEAL.Filed by Smith & Nephew Incorporated, John O. Hayhurst. (ntm) (Entered: 06/18/2007)
06/14/2007326 MINUTES of Proceedings: Jury Trial - EIGHTH AND FINAL DAY- Jury resumes deliberation. Juror Note IV. received. Juror Note V. received. Lunch Order for 8 jurors, from Big Town Hero. Juror Note VI. received. Answer written on Juror Note VI. Juror Note VII. received. Hearing held in courtroom. Court instructs the jury. Court declares mistrial. Court dismisses jury. Order GRANT IN PART/DENY IN PART Motion for Leave to File 1006 Summary as Trial Exhibit (#313). See separate list of witnesses and exhibits. All exhibits returned to counsel. Court adjourned. Mark Hebert and Brenna Legaard present as counsel for plaintiff(s). Rodger Young and Steven Susser present as counsel for defendant(s). Court Reporter: Bonita Shumway. Michael W. Mosman presiding. (Attachments: # 1 page 1# 2 page 2# 3 page 3# 4 page 4# 5 page 5# 6 jury note 4# 7 jury note 5# 8 jury note 6# 9 jury note 8) (dls) (Entered: 06/20/2007)
06/15/2007319  Proposed Form of Order Submitted PROPOSED ORDER FOR JUDGMENT ON VALIDITY ISSUES. Filed by all plaintiffs. (Legaard, Brenna) (Entered: 06/15/2007)
06/15/2007320  Proposed Form of Order Submitted PROPOSED ORDER RE PRESERVATION OF RIGHTS AS TO PUSHLOCK PRODUCTS. Filed by all plaintiffs. (Legaard, Brenna) (Entered: 06/15/2007)
06/18/2007322  Proposed Jury Instructions PLAINTIFFS' SUBMISSION OF THE COURT'S DRAFT JURY INSTRUCTIONS AS COURT EXHIBITS. Filed by all plaintiffs. (Attachments: # 1 Exhibit B - Court's Draft Jury Instructions 6-8-07 5PM# 2 Exhibit C - Court's draft jury instructions 6-12-07 1:20PM# 3 Exhibit D - Court's draft jury instructions 6-12-07 5PM) (Legaard, Brenna) (Entered: 06/18/2007)
06/27/2007328 Joint Submission of the Parties Proposed Jury Instructions as Court Exhibits. (ntm) (Entered: 06/28/2007)
06/27/2007329 The document, Exhibits 328 , was conventionally filed in our court after the mandatory electronic filing deadline of September 1, 2006. Local Rule 100.1 clearly requires the electronic filing of all pleadings, documents, and other papers in all pending civil and criminal cases. The document(s) referenced above should not be re-filed electronically, but we ask that you conform to the requirements of LR 100.1 in future submissions to the court. Please refer to LR 100.4 for documents which must be filed conventionally. To learn more about this requirement and the CM/ECF system, visit the court's Internet website at: ord.uscourts.gov. There you will find links to rules and resources designed to assist you and your staff in quickly learning how to electronically file. If you have any questions or concerns regarding this matter, please contact any member of the Clerk's Office staff.. (ntm) (Entered: 06/28/2007)
06/28/2007330  Motion for Judgment PLAINTIFFS' RENEWED MOTION FOR JUDGMENT AS A MATTER OF LAW ON ALL ISSUES. Filed by all plaintiffs. (Pitchford, Susan) (Entered: 06/28/2007)
06/28/2007331  Memorandum in Support MEMORANDUM IN SUPPORT OF PLAINTIFFS' RENEWED MOTION FOR JUDGMENT AS A MATTER OF LAW ON ALL ISSUES. Filed by all plaintiffs. (Related document(s): Motion for judgment 330 .) (Pitchford, Susan) (Entered: 06/28/2007)
06/28/2007332  Declaration of Susan D. Pitchford DECLARATION OF SUSAN D. PITCHFORD IN SUPPORT OF PLAINTIFFS' RENEWED MOTION FOR JUDGMENT AS A MATTER OF LAW ON ALL ISSUES. Filed by all plaintiffs. (Related document(s): Motion for judgment 330 .) (Attachments: # 1 Exhibit PTX-1# 2 Exhibit PTX-7A# 3 Exhibit PTX-21# 4 Exhibit PTX-24# 5 Exhibit PTX-27# 6 Exhibit PTX-39# 7 Exhibit PTX-45A# 8 Exhibit PTX-63# 9 Exhibit PTX-64# 10 Exhibit PTX-73# 11 Exhibit PTX-73# 12 Exhibit PTX-75# 13 Exhibit PTX-76# 14 Exhibit PTX-91# 15 Exhibit PTX-92) (Pitchford, Susan) (Entered: 06/28/2007)
06/28/2007333 Renewed Motion for Judgment as a Matter of Law as to All Claims. FILED UNDER SEAL. Filed by Arthrex, Incorporated. (ntm) (Entered: 06/29/2007)
06/28/2007334 Memorandum in Support. FILED UNDER SEAL. Filed by Arthrex, Incorporated. (Related document(s): Motion for judgment 333 .) (ntm) (Entered: 06/29/2007)
06/28/2007335 Renewed Motion for Judgment as a Matter of Law as to the Pushlok Products. FILED UNDER SEAL. Filed by Arthrex, Incorporated. (ntm) (Entered: 06/29/2007)
06/28/2007336 Memorandum in Support. FILED UNDER SEAL. Filed by Arthrex, Incorporated. (Related document(s): Motion for judgment 335 .) (ntm) (Entered: 06/29/2007)
06/28/2007337 Renewed Motion for Judgment as a Matter of Law as to the Bio-Suture Tak and Pushlock Anchors. FILED UNDER SEAL.Filed by Arthrex, Incorporated. (ntm) (Entered: 06/29/2007)
06/28/2007338 Memorandum in Support. FILED UNDER SEAL. Filed by Arthrex, Incorporated. (Related document(s): Motion for judgment 337 .) (ntm) (Entered: 06/29/2007)
07/03/2007339 Order GRANTING the parties' joint request to have the three versions of proposed jury instructions be entered as court exhibits. (Filed as Docket #328 - "Joint Submission of the Parties Proposed Jury Instructions as Court Exhibits"). Ordered by Judge Michael W. Mosman. (mjp) (Entered: 07/03/2007)
07/09/2007340  Memorandum in Opposition to Motion for Judgment PLAINTIFFS' RENEWED MOTION FOR JUDGMENT AS A MATTER OF LAW ON ALL ISSUES 330 . Filed by Arthrex, Incorporated. (Heuser, Peter) (Entered: 07/09/2007)
07/09/2007341  Brief PLAINTIFFS' OPPOSITION TO ARTHREX'S MOTION FOR JUDGMENT AS A MATTER OF LAW AS TO THE BIO-SUTURETAK AND PUSHLOCK ANCHORS. Filed by all plaintiffs. (Legaard, Brenna) (Entered: 07/09/2007)
07/09/2007342  Brief PLAINTIFFS' OPPOSITION TO ARTHREX'S RENEWED MOTION FOR JUDGMENT AS A MATTER OF LAW AS TO THE PUSHLOCK PRODUCTS. Filed by all plaintiffs. (Legaard, Brenna) (Entered: 07/09/2007)
07/09/2007343  Declaration of Steven Susser in Support of Arthrex's Memorandum in Opposition to Smith & Nephew's Renewed Motion for Judgment as a Matter of Law on All Issues. Filed by Arthrex, Incorporated. (Related document(s): Memorandum in Opposition 340 .) (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D) (Heuser, Peter) (Entered: 07/09/2007)
07/09/2007344  Brief PLAINTIFFS' OPPOSITION TO ARTHREX'S MOTION FOR JUDGMENT AS A MATTER OF LAW AS TO ALL CLAIMS. Filed by all plaintiffs. (Legaard, Brenna) (Entered: 07/09/2007)
07/16/2007345 Record of Order by Michael W. Mosman. Plaintiff's Impeachment Exhibits 218-223, and Defendant's exhibits 526 and 870, as well as jury instructions returned. Ordered by Judge Michael W. Mosman. (dls) (Entered: 07/16/2007)
07/20/2007346  Reply in Support of Its Renewed Motion for Judgment as a Matter of Law as to the Bio-Suture Tak and Pushlock to Motion for Judgment 337 . Filed by Arthrex, Incorporated. (Heuser, Peter) (Entered: 07/20/2007)
07/20/2007347  Declaration of Steven Susser in Support of Its Renewed Motion for Judgment as a Matter of Law as to the Bio-Suture Tak and Pushlock. Filed by Arthrex, Incorporated. (Related document(s): Reply to Motion 346 .) (Attachments: # 1 Exhibit A) (Heuser, Peter) (Entered: 07/20/2007)
07/20/2007348  Reply in Support of Its Renewed Motion for Judgment as a Matter of Law as to the Pushlock to Motion for Judgment 335 . Filed by Arthrex, Incorporated. (Heuser, Peter) (Entered: 07/20/2007)
07/20/2007349  Reply Plaintiffs' Reply Brief in Support of Its Renewed Motion for Judgment as a Matter of Law on All Issues. Filed by all plaintiffs. (Legaard, Brenna) (Entered: 07/20/2007)
07/20/2007350 Declaration of Steven Susser In Support of Arthrex's Reply In Support Of Its Renewed Motion For Judgment As A Matter Of Law As To All Claims. FILED UNDER SEAL. Filed by Arthrex, Incorporated. (cib) Modified on 7/23/2007 (Brost, Colleen). (Entered: 07/23/2007)
07/20/2007351 Reply In Support Of Its Renewed Motion For Judgment As A Matter Of Law As To All Claims 333 . FILED UNDER SEAL. Filed by Arthrex, Incorporated. (cib) (Entered: 07/23/2007)
07/27/2007352 Scheduling Order by Michael W. Mosman. Status Conference is set for 8/1/2007 at 02:00PM in Portland before Judge Michael W. Mosman, to discuss scheduling. Please have calendars ready. Ordered by Judge Michael W. Mosman. (dls) (Entered: 07/27/2007)
07/27/2007353 Scheduling Order by Michael W. Mosman. Status Conference is set for 8/1/2007 at 02:00PM in Telephone before Judge Michael W. Mosman. Ordered by Judge Michael W. Mosman. (dls) (Entered: 07/27/2007)
08/01/2007354 MINUTES of Proceedings: Status Conference. The parties discussed scheduling. The "Matter of Law" motions are fully briefed and ready for resolution. John Skenyon, Mark Hebert and Brennan Legaard present as counsel for plaintiff(s). Rodger Young and Steven Susser present as counsel for defendant(s). Court Reporter: Bonita Shumway. Michael W. Mosman presiding. (dls) (Entered: 08/02/2007)
08/02/2007355 ORDER: DENYING Motion for Judgment PLAINTIFFS' RENEWED MOTION FOR JUDGMENT AS A MATTER OF LAW ON ALL ISSUES 330 ; DENYING Renewed Motion for Judgment as a Matter of Law as to All Claims. FILED UNDER SEAL 333 ; DENYING Renewed Motion for Judgment as a Matter of Law as to the Pushlok Products. FILED UNDER SEAL 335 ; DENYING Renewed Motion for Judgment as a Matter of Law as to the Bio-Suture Tak and Pushlock Anchors. FILED UNDER SEAL 337 . Ordered by Judge Michael W. Mosman. (dls) (Entered: 08/02/2007)
08/13/2007356  Motion to Seal Trial Transcript to Preserve Sequestration of Witnesses. Filed by Arthrex, Incorporated. (Tedesco, Elizabeth) (Entered: 08/13/2007)
08/13/2007357  Memorandum in Support of Motion to Seal Trial Transcript to Preserve Sequestration of Witnesses. Filed by Arthrex, Incorporated. (Related document(s): Motion 356 .) (Attachments: # 1 Appendix A) (Tedesco, Elizabeth) (Entered: 08/13/2007)
08/23/2007358  Response BY DR. HAYHURST to Motion to Seal Trial Transcript to Preserve Sequestration of Witnesses 356 . Filed by all plaintiffs. (Pitchford, Susan) (Entered: 08/23/2007)
08/27/2007359 Scheduling Order by Michael W. Mosman. Status Conference is set for 9/6/2007 at 02:00PM in Telephone before Judge Michael W. Mosman. Ordered by Judge Michael W. Mosman. (dls) (Entered: 08/27/2007)
09/05/2007360  Notice of Change of Address NOTICE OF CHANGE OF ADDRESS AND AFFILIATION OF BENJAMIN D. ENERSON.Filed by all plaintiffs. (Pitchford, Susan) (Entered: 09/05/2007)
09/06/2007361 MINUTES of Proceedings: Status Conference. Order GRANTING Motion to Seal Trial Transcript to Preserve Sequestration of Witnesses (#356), as to the two damages experts, as stated on the record. Pretrial Conference is set for 5/19/2008 at 10:00AM - 5:00pm, in Portland before Judge Michael W. Mosman. 8-day Jury Trial is set for 6/3/2008 at 09:00AM in Portland before Judge Michael W. Mosman. Plaintiff is sto submitt a letter no longer than 4 pages regarding streamlining the trial. Defendants are to file their Response and own proposal one week later. John Skenyon, Mark Hebert and Susan Pitchford present as counsel for plaintiff(s). Steven Susser present as counsel for defendant(s). Court Reporter: Bonita Shumway. Michael W. Mosman presiding. (dls) (Entered: 09/07/2007)
09/10/2007362 Trial Management Order. Signed on 9/10/2007 by Judge Michael W. Mosman. (mjp) (Entered: 09/10/2007)
09/13/2007363  Motion for Extension of Time to Submit Letter Regarding Streamlining of Trial. Filed by Arthrex, Incorporated. (Tedesco, Elizabeth) (Entered: 09/13/2007)
09/14/2007364  Supplement to Motion to Extend Time to Submit Letter Regarding Streamlining of Trial. Filed by Arthrex, Incorporated. (Related document(s): Motion for Extension of Time 363 .) (Tedesco, Elizabeth) (Entered: 09/14/2007)
09/14/2007365  Declaration of Barbara Smith in Support of Arthrex's Motion to Extend Time to Submit Letter Regarding Streamlining of Trial. Filed by Arthrex, Incorporated. (Related document(s): Motion for Extension of Time 363 .) (Attachments: # 1 Exhibit A# 2 Exhibit B) (Tedesco, Elizabeth) (Entered: 09/14/2007)
09/19/2007366 ORDER: GRANTING Motion for Extension of Time to Submit Letter Regarding Streamlining of Trial 363 . Defendant Arthrex is to respond to the Smith & Nephews letter relating to proposals for streamlining trial no later than 10/3/2007. Ordered by Judge Michael W. Mosman. (dls) (Entered: 09/19/2007)
09/26/2007367 Order Granting Application for Special Admission Pro Hac Vice of Sara K. MacWilliams for Arthrex, Incorporated. Application Fee in amount of $100 collected. Receipt No. 17604 issued. (cib) (Entered: 09/27/2007)
11/02/2007368 Scheduling Order by Michael W. Mosman. Status Conference is set for 12/19/2007 at 11:30AM in Telephone before Judge Michael W. Mosman, regarding streamlining the upcoming trial. Ordered by Judge Michael W. Mosman. (dls) (Entered: 11/02/2007)
12/19/2007369 MINUTES of Proceedings: Status Conference. Status Conference held to clarify the issues for re-trial, as stated on the record. The parties are instructed to confer regarding their proposed dates for exchanging demonstratives and expert reports and to submit those dates to the Court. John M Skenyon, Mark Hebert and Brenna Legaard present as counsel for plaintiff(s). Steven Susser and Anthony Philip Cho present as counsel for defendant(s). Court Reporter: Bonita Shumway. Michael W. Mosman presiding. (dls) (Entered: 12/19/2007)
01/14/2008370 Order. I have received Defendant's letter dated January 11, 2008, which outlines three disputes regarding the parties' procedures for taking expert depositions. I accept Defendant's proposal regarding the order of the depositions. I also agree with Defendant's position regarding multiple depositions of experts; each party may depose the other party's set of experts only once. I express no opinion regarding the dates when these depositions should take place, but will grant Plaintiffs two additional days to complete their first submissions under the current Trial Management Order in the event expert depositions continue until April 18, 2008. Ordered by Judge Michael W. Mosman. (dls) (Entered: 01/14/2008)
03/31/2008371 Second Amended Trial Management Order. Signed on 3/31/2008 by Judge Michael W. Mosman. (mjp) (Entered: 03/31/2008)
04/14/2008372 Scheduling Order by Michael W. Mosman. Status Conference is set for 4/15/2008 at 11:30AM in Telephone before Judge Michael W. Mosman. The court will initiate the call. Ordered by Judge Michael W. Mosman. (dls) (Entered: 04/14/2008)
04/15/2008373 MINUTES of Proceedings: Status Conference. Order GRANTING Defendant's 4/4/08 letter request, to communicate with the jurors, from the first trial. The court will initiate contact with the former jurors, and will present to the jurors, contact information for plaintiff's and defendant's counsel, as well as any questions forwarded by counsel. Counsels' questions are due 4/22/08. Order DENYING Plaintiff's oral request, for a joint phone call to former jurors. Mark Hebert and Susan Pitchford present as counsel for plaintiff(s). Rodger Young and Steven Susser present as counsel for defendant(s). Court Reporter: Bonita Shumway. Michael W. Mosman presiding. (dls) (Entered: 04/17/2008)
04/21/2008374  Exhibit List PLAINTIFFS' 2008 TRIAL EXHIBIT LIST. Filed by all plaintiffs. (Legaard, Brenna) (Entered: 04/21/2008)
04/21/2008375  Witness Statement PLAINTIFFS' WITNESS NARRATIVES. Filed by all plaintiffs. (Legaard, Brenna) (Entered: 04/21/2008)
04/21/2008376 Rebuttal Expert Report Of Wilson C. Hayes PH.D. Regarding The Issue Of Infringement Dated September 20, 2006 For Retrial. FILED UNDER SEAL. Filed by all plaintiffs. (cib) (Entered: 04/22/2008)
04/21/2008377 Expert Report of Lisa A. Pruitt, PH.D. Dated May 19, 2006 For Pretrial. FILED UNDER SEAL. Filed by all plaintiffs. (cib) (Entered: 04/22/2008)
04/21/2008378 Expert Report Of David Randall Diduch, M.D. M.S. Dated May 18, 2006 For Retrial.FILED UNDER SEAL. Filed by all plaintiffs. (cib) (Entered: 04/22/2008)
04/21/2008379 Expert Report Of Wilson C. Hayes, PH.D Dated May 19, 2006 For Retrial.FILED UNDER SEAL. Filed by all plaintiffs. (cib) (Entered: 04/22/2008)
04/21/2008380 Rebuttal Expert Report Of Lisa A. Pruitt, PH.D. To Arthrex Expert Reports. FILED UNDER SEAL. Filed by Smith & Nephew Incorporated, John O. Hayhurst. (cib) (Entered: 04/22/2008)
04/21/2008381 Supplemental Expert Report Of Wilson C. Hayes, PH.D For Retrial. FILED UNDER SEAL. Filed by all plaintiffs. (cib) (Entered: 04/22/2008)
04/21/2008382 Supplemental Report OF David Randall Diduch M.D., MS Dated May 31, 2006 For Retrial. FILED UNDER SEAL. Filed by Smith & Nephew Incorporated, John O. Hayhurst. (cib) (Entered: 04/22/2008)
04/21/2008383 Expert Report Of Drichard B. Troxel Dated May 19, 2006 For Retrial. FILED UNDER SEAL. Filed by all plaintiffs. (cib) (Entered: 04/22/2008)
04/21/2008384  Revised Damages Exhibits And Appendices Of Expert Richard B. Troxel Dated May 28, 2007 For Retrial. FILED UNDER SEAL. Filed by all plaintiffs. (cib) (Entered: 04/22/2008)
04/21/2008385 Supplemental Expert Report Of Lisa A. Pruitt PH.D For Retrial Dated February 27, 2008. FILED UNDER SEAL. Filed by all plaintiffs. (cib) (Entered: 04/22/2008)
04/22/2008387 Order Granting Application for Special Admission Pro Hac Vice of Gregory R. Booker for Smith & Nephew Incorporated and John O. Hayhurst. Application Fee in amount of $100 collected. Receipt No. 20721 issued. Signed on 4/22/08 by Judge Michael W. Mosman. (cib) (Entered: 04/23/2008)
04/23/2008386 Joint Motion for Extension of Time FOR FILING DEPOSITION DESIGNATIONS. Filed by all parties. (Legaard, Brenna) (Entered: 04/23/2008)
04/25/2008388 ORDER: GRANTING Joint Motion for Extension of Time FOR FILING DEPOSITION DESIGNATIONS 386 . Deposition Designation are due 5/14/08. Ordered by Judge Michael W. Mosman. (dls) (Entered: 04/25/2008)
04/28/2008389  Exhibit List. Filed by Arthrex, Incorporated. (Susser, Steven) (Entered: 04/28/2008)
04/28/2008390  Trial Memorandum PLAINTIFFS' TRIAL MEMORANDUM FOR RE-TRIAL. Filed by all plaintiffs. (Legaard, Brenna) (Entered: 04/28/2008)
04/28/2008391  Witness List Defendant's Witness Narratives. Filed by Arthrex, Incorporated. (Susser, Steven) (Entered: 04/28/2008)
05/01/2008392  Trial Memorandum Arthrex's Trial Memorandum for Re-Trial. Filed by Arthrex, Incorporated. (Susser, Steven) (Entered: 05/01/2008)
05/01/2008393  Voir Dire Arthrex's Requested Voir Dire. Filed by Arthrex, Incorporated. (Susser, Steven) (Entered: 05/01/2008)
05/02/2008394 Amended Exhibit List Arthrex's First Amended Exhibit List. Filed by Arthrex, Incorporated. (Susser, Steven) (Entered: 05/02/2008)
05/05/2008395  Motion in limine Defendant Arthrex's Motions in Limine. ORAL ARGUMENT requested. Filed by Arthrex, Incorporated. (Susser, Steven) (Entered: 05/05/2008)
05/05/2008396  Declaration of Steven Susser In Support of Arthrex Inc.'s Motions in Limine. Filed by Arthrex, Incorporated. (Related document(s): Motion in Limine 395 .) (Susser, Steven) (Entered: 05/05/2008)
05/05/2008397  Objection to Trial Exhibit Arthrex's Objections to Plaintiff's Witnesses and Exhibits. Filed by Arthrex, Incorporated. (Susser, Steven) (Entered: 05/05/2008)
05/05/2008398 Joint Proposed Jury Instructions Joint Proposed Jury Instructions. Filed by Arthrex, Incorporated. (Susser, Steven) (Entered: 05/05/2008)
05/05/2008399  Voir Dire PLAINTIFFS' PROPOSED VOIR DIRE FOR RE-TRIAL. Filed by all plaintiffs. (Legaard, Brenna) (Entered: 05/05/2008)
05/05/2008400  Exhibit List PLAINTIFFS' REBUTTAL TRIAL EXHIBIT LIST FOR RE-TRIAL. Filed by all plaintiffs. (Legaard, Brenna) (Entered: 05/05/2008)
05/05/2008401  Witness Statement PLAINTIFFS' REBUTTAL WITNESS NARRATIVES FOR RE-TRIAL. Filed by Smith & Nephew Incorporated, John O. Hayhurst. (Legaard, Brenna) (Entered: 05/05/2008)
05/05/2008402  Witness Statement PLAINTIFFS' OBJECTIONS TO DEFENDANT'S WITNESS NARRATIVES FOR RE-TRIAL. Filed by Smith & Nephew Incorporated, John O. Hayhurst. (Attachments: # 1 Exhibit A) (Legaard, Brenna) (Entered: 05/05/2008)
05/05/2008403  Exhibit List PLAINTIFFS' OBJECTIONS TO DEFENDANT'S TRIAL EXHIBIT LIST. Filed by Smith & Nephew Incorporated, John O. Hayhurst. (Legaard, Brenna) (Entered: 05/05/2008)
05/05/2008406 Motions in limine For Re-Trial. FILED UNDER SEAL. Filed by all plaintiffs. (cib) Additional attachment(s) added on 5/8/2008 (Brost, Colleen). Additional attachment(s) added on 6/3/2008 (Brost, Colleen). (Entered: 05/07/2008)
05/05/2008407 Memorandum in Support of Plaintiffs' Motions In Limine For Re-Trial. FILED UNDER SEAL. Filed by all plaintiffs. (Related document(s): Motion in Limine 406 .) (cib) Additional attachment(s) added on 5/8/2008 (Brost, Colleen). (Entered: 05/07/2008)
05/05/2008408 Plaintiffs' Daubert Motion for Re-Trial. Filed by all plaintiffs. (cib) Additional attachment(s) added on 5/8/2008 (Brost, Colleen). (Entered: 05/07/2008)
05/05/2008409 Memorandum in Support. FILED UNDER SEAL. Filed by all plaintiffs. (Related document(s): Motion for retrial 408 .) (cib) Additional attachment(s) added on 5/8/2008 (Brost, Colleen). (Entered: 05/07/2008)
05/05/2008410 Rebuttal Expert Report Of Wilson C. Hayes, PH.D. For Re-Trial. FILED UNDER SEAL. Filed by all plaintiffs. (cib) Additional attachment(s) added on 5/8/2008 (Brost, Colleen). (Entered: 05/07/2008)
05/06/2008404  Report CERTIFICATE OF SERVICE. Filed by Smith & Nephew Incorporated, John O. Hayhurst. (Legaard, Brenna) (Entered: 05/06/2008)
05/06/2008405 Declaration of Brenna K. Legaard In Support Of Plaintiffs' Motions In Limine.FILED UNDER SEAL. Filed by all plaintiffs. (Related document(s): Motion in Limine 210 .) (cib) (Entered: 05/07/2008)
05/07/2008411 Record of Order by Michael W. Mosman. Order GRANTING Defendant's 5/7/08 letter request an extension. Responses is due by 5/14/2008. Ordered by Judge Michael W. Mosman. (dls) (Entered: 05/07/2008)
05/07/2008412 Supplemental Witness List Arthrex Inc.'s First Supplemental Witness Narratives. Filed by Arthrex, Incorporated. (Susser, Steven) (Entered: 05/07/2008)
05/12/2008413 Amended Exhibit List Arthrex's Second Amended Trial Exhibit List. Filed by Arthrex, Incorporated. (Susser, Steven) (Entered: 05/12/2008)
05/12/2008414  Objection to Trial Exhibit Arthrex's Objections to Plaintiff's Rebuttal Trial Exhibit List. Filed by Arthrex, Incorporated. (Susser, Steven) (Entered: 05/12/2008)
05/12/2008415 PLAINTIFFS RESPONSE TO DEFENDANTS OBJECTIONS TO EXHIBITS. Filed by all plaintiffs. (Legaard, Brenna) Modified on 5/13/2008 (Brost, Colleen). (Entered: 05/12/2008)
05/12/2008416  Arthrex's Responses to Plaintiff's Objections to Defendant's Narratives. Filed by Arthrex, Incorporated. (Susser, Steven) Modified on 5/13/2008 (Brost, Colleen). (Entered: 05/12/2008)
05/12/2008417 Arthrex's Responses to Plaintiff's Objections to Defendant's Trial Exhibits. Filed by Arthrex, Incorporated. (Susser, Steven) Modified on 5/13/2008 (Brost, Colleen). (Entered: 05/12/2008)
05/12/2008418  Plaintiffs' Response to Defendant's Objections to Witness Statements. Filed by all plaintiffs. (Legaard, Brenna) Modified on 5/13/2008 (Brost, Colleen). (Entered: 05/12/2008)
05/12/2008419 Plaintiffs' Opposition and Response to Arthrex's Motions in limine Defendant Arthrex's Motions in Limine 395 . Filed by all plaintiffs. (cib) Additional attachment(s) added on 5/13/2008 (Brost, Colleen). (Entered: 05/13/2008)
05/12/2008420 Declaration of Brenna K. Legaard In Support Of Plaintiffs' Oppositions To Arthrex's Motions In Liminie. FILED UNDER SEAL.. Filed by all plaintiffs. (Related document(s): Response to Motion 419 .) (cib) (Entered: 05/13/2008)
05/14/2008421  Response to Motion in limine 406 . Filed by Arthrex, Incorporated. (Susser, Steven) Additional attachment(s) added on 5/15/2008 (Brost, Colleen). Modified on 5/15/2008 (Brost, Colleen). (Entered: 05/14/2008)
05/14/2008422  Declaration of Steven Susser in Support of Arthrex, Inc.'s Response to Plaintiffs' Motion in Limine. Filed by Arthrex, Incorporated. (Related document(s): Response to Motion 421 .) (Susser, Steven) Additional attachment(s) added on 5/15/2008 (Brost, Colleen). Modified on 5/15/2008 (Brost, Colleen). (Entered: 05/14/2008)
05/14/2008423  Response to Motion for New Trial 408 . Filed by Arthrex, Incorporated. (Susser, Steven) Additional attachment(s) added on 5/15/2008 (Brost, Colleen). Modified on 5/15/2008 (Brost, Colleen). (Entered: 05/14/2008)
05/14/2008424  Declaration of Steven Susser in Support of Arthrex, Inc.'s Responses to Plaintiffs' Daubert Motion for Re-Trial. Filed by Arthrex, Incorporated. (Related document(s): Response to Motion 423 .) (Susser, Steven) Additional attachment(s) added on 5/15/2008 (Brost, Colleen). Modified on 5/15/2008 (Brost, Colleen). (Entered: 05/14/2008)
05/14/2008425  Designation of Deposition Testimony Arthrex's General Objection to Smith & Nephew's Deposition Designations. Filed by Arthrex, Incorporated. (Susser, Steven) (Entered: 05/14/2008)
05/14/2008426 Joint Deposition Designations. Part 1 of 2. FILED UNDER SEAL. Filed by all plaintiffs. (cib) Modified on 5/15/2008 (Brost, Colleen). (Entered: 05/15/2008)
05/14/2008427 Joint Deposition Designations. Part 2 of 2. FILED UNDER SEAL. Filed by all plaintiffs. (cib) (Entered: 05/15/2008)
05/15/2008428 Order for Administrative Correction of the Record regarding Response to Motion 421 filed by Arthrex, Incorporated, Declaration 422 filed by Arthrex, Incorporated, Response to Motion 423 filed by Arthrex, Incorporated, Declaration 424 filed by Arthrex, Incorporated. Per Judge Mosman's Request these documents the are listed above are NOT FILED UNDER SEAL. The Clerk will upload the pdf documents to each of the documents listed above. A Clerical error has been discovered in the case record. In accordance with Fed. R. Civ. P. 60(a), the Clerk is directed to make the following administrative corrections to the record and to notify all parties accordingly. (cib) Modified on 5/15/2008 (Brost, Colleen). (Entered: 05/15/2008)
05/16/2008429  Exhibits PLAINTIFFS' MOTION TO REPLACE CERTAIN TRIAL EXHIBITS IN BINDERS PRESENTED TO JUDGE MOSMAN ON APRIL 21, 2008. Filed by all plaintiffs. (Attachments: # 1 Exhibit PTX 67# 2 Exhibit PTX 114# 3 Exhibit PTX 188# 4 Exhibit PTX 189# 5 Exhibit 190# 6 Exhibit Rebuttal PTX 200) (Legaard, Brenna) (Entered: 05/16/2008)
05/19/2008430  Trial Brief Regarding the Doctrine of Equivalents. Filed by all plaintiffs. (Legaard, Brenna) (Entered: 05/19/2008)
05/19/2008431 MINUTES of Proceedings: Pretrial Conference. RULINGS ON CLAIM LIMITATIONS: Plaintiffs are not required to put on proof of the following claim limitations: those covered in the preamble, "forming a hole in the bone," "attaching a suture to a member," "pressing," or "within the hole." These rulings remove the "doctrine of equivalents" issue from the case, and leave the following claim limitations at issue for re-trial: "lodging the member," "member," and "resilient/resiles." Order GRANTING IN PART/DENYING IN PART/TAKING UNDER ADVISEMENT IN PART Plaintiffs' Motions in Limine (#406). Order GRANTING IN PART/DENYING IN PART/TAKING UNDER ADVISEMENT IN PART Plaintiffs' Daubert Motions (#408). Order DENYING IN PART/GRANTING IN PART Defendant's Motion in Limine (#395). Defendant's Objections to Plaintiffs' Exhibits, and Plaintiffs' Objections to Defendant's Exhibits, see order for full text. Defendant's Objections to Plaintiffs' Witnesses, and Plaintiffs' Objections to Defendant's Fact Witnesses, see order for full text. Plaintiffs' Objections to Defendant's Expert Witnesses: Refer to the rulings above on the motions in limine. Plaintiffs' deposition designations discussed. Plaintiff WITHDRAWS Dr. Burkhead's designations. The parties are to submit revised witness lists and exhibit lists by May 23, 2008. The revised witness lists should include an estimate for direct examination of each witness.An additional hearing is set for Thursday, May 29, 2008 at 2:00 p.m. At that hearing, the Court will resolve the following remaining issues: 1) Plaintiffs' Daubert motion #3; 2) Plaintiffs' Daubert motion #5, including Exhibits 625A and E; 3) Plaintiffs' motion in limine #25, including Exhibits 624A-B; 4) Plaintiffs' motion in limine #29C; 5) Exhibits 521 and 632. Defendant's additional responses are due May 23, 2008, and should be submitted together in one brief. The parties are to submit revised verdict forms, claim construction instructions, and "Job of the Jury" instructions no later than the close of business Wednesday, May 28, 2008. These will be discussed at the May 29 hearing as well. Trial will begin at 9:00 a.m., Tuesday, June 3, 2008. The parties are to be present at 8:45 a.m. John Skenyon, Mark Hebert, Brenna Legaard, and Gregory Booker present as counsel for plaintiff(s). Rodger D Young and Steven Susser present as counsel for defendant(s). Court Reporter: Bonita Shumway. Michael W. Mosman presiding. (dls) (Entered: 05/20/2008)
05/23/2008432  Exhibit List DR. HAYHURST'S REVISED TRIAL EXHIBIT LIST FOR RE-TRIAL. Filed by Smith & Nephew Incorporated, John O. Hayhurst. (Legaard, Brenna) (Entered: 05/23/2008)
05/23/2008433  Witness Statement DR. HAYHURST'S REVISED WITNESS NARRATIVES FOR RE-TRIAL. Filed by Smith & Nephew Incorporated, John O. Hayhurst. (Legaard, Brenna) (Entered: 05/23/2008)
05/23/2008434 Amended Exhibit List Defendant Arthrex's Third Amended Trial Exhibit List. Filed by Arthrex, Incorporated. (Susser, Steven) (Entered: 05/23/2008)
05/23/2008435  Witness Statement Defendant Arthrex's Revised Witness Narratives. Filed by Arthrex, Incorporated. (Susser, Steven) (Entered: 05/23/2008)
05/23/2008437 Defendant Arthrex, Inc.'s Evidentiary Memorandum. FILED UNDER SEAL. Filed by Arthrex, Incorporated. (cib) Additional attachment(s) added on 6/3/2008 (Brost, Colleen). (Entered: 05/28/2008)
05/28/2008436 Declaration of Steven Susser In Support of Arthrex, Inc.'s Offer Of Proof Regarding Pull-Out Test Results. FILED UNDER SEAL. Filed by Arthrex, Incorporated. (cib) (Entered: 05/28/2008)
05/28/2008438 Amended Proposed Jury Instructions and Jury Verdict Form. Filed by Arthrex, Incorporated. (Susser, Steven) (Entered: 05/28/2008)
05/28/2008439  Proposed Jury Instructions DR. HAYHURST'S REVISED JURY INSTRUCTIONS. Filed by Smith & Nephew Incorporated, John O. Hayhurst. (Legaard, Brenna) (Entered: 05/28/2008)
05/28/2008441 Declaration of Steven Susser In Support Of Arthrex's Inc.'s Offer Of Proof Regarding Pull-Out Test Results. FILED UNDER SEAL. Filed by Arthrex, Incorporated. (cib) Additional attachment(s) added on 6/3/2008 (Brost, Colleen). (Entered: 05/29/2008)
05/28/2008442 Evidentiary Memorandum. FILED UNDER SEAL. Filed by Arthrex, Incorporated. (cib) Additional attachment(s) added on 6/3/2008 (Brost, Colleen). (Entered: 05/29/2008)
05/29/2008440  Trial Brief DR. HAYHURST'S BENCH BRIEF THAT THE JURY SHOULD NOT BE GIVEN DIFFERENT "INTERPRETATIONS" OF THE COURT'S CLAIM CONSTRUCTION. Filed by all plaintiffs. (Legaard, Brenna) (Entered: 05/29/2008)
05/29/2008443 MINUTES of Proceedings: RECORD OF DAUBERT HEARING/ADDITIONAL PRETRIAL CONFERENCE: Plaintiffs' Daubert Motions (#408) Order DENYING Plaintiffs' Daubert motion #5 to preclude testimony on pull-out testing. Order OVERRULING Plaintiffs' objection to Exhibit 625A.Defendant WITHDRAWS Exhibit 625E. Order GRANTING Plaintiffs' Daubert motion #3 to preclude Dr. Greenleaf from testifying about the results of the pull-out tests. Plaintiffs' Motions in Limine Order GRANTING Plaintiffs' motion #25 to exclude statistical analyses. Order SUSTAINING Plaintiffs' objections to Exhibits 624A and 624B. Order MODIFYING prior ruling on Plaintiffs' motion #24. The Court will allow expert opinion and testimony that goes outside the scope of the expert reports so long as that testimony meets both of the following limitations: (1) it addresses the micro CT data, and (2) it was discussed at a deposition. Order GRANTING Plaintiffs' motion #29C. Arthrex may not argue that resilience must be the sole cause of lodging. In addition, the claim construction language does not require that there be any movement. Plaintiffs' Objections to Defendant's Exhibits: Order SUSTAINING objection to Exhibit 521. Defendant WITHDRAWS Exhibit 632. The Court will give Defendant's revised "Job of the Jury" instruction, as modified on the record. The Court will give Plaintiffs' revised "Claim Construction" instruction. Both the "Job of the Jury" and "Claim Construction" instructions will be read to the jury on the first day of trial; those two instructions will also be provided to the jury in writing. The Court will modify the preliminary instructions given at the first trial. The "patent video" will not be shown to the jury. The "glossary" used at the first trial will not be provided to the jury. Additional Matters: Order GRANTING Defendant's motion for witness sequestration for all witnesses, including experts. Dr. Hayhurst is permitted to remain in the courtroom for all arguments and testimony aside from that which he may refute by his own testimony. The Court will not provide the voir dire panel with a written questionnaire. Attorneys for both sides will be permitted to question the panel. Any attorney whose questions border on argument will forfeit the remainder of his time for questioning. Trial schedule discussed. The trial schedule will proceed as follows: Plaintiffs' case-in-chief must be completed by 5pm Thursday, June 5. Defendant's case-in-chief must be completed by noon on Tuesday, June 10. Plaintiffs' rebuttal case must be completed by 5pm Tuesday, June 10. Jury instructions and closings will take place Wednesday morning, June 11. The jury will begin deliberations at noon on Wednesday, June 11. This schedule may be pushed back no more than half a day if necessary. Opening statements will be limited to 1 hour. Trial will begin at 9:00 a.m., Tuesday, June 3, 2008. The parties are to be present at 8:45 a.m. John Skenyon, Mark Hebert, Gregory Booker and Brenna Legaarde present as counsel for plaintiff(s). Rodger Young and Steven Susser present as counsel for defendant(s). Court Reporter: Bonita Shumway. Michael W. Mosman presiding. (dls) (Entered: 05/29/2008)
05/29/2008444 MINUTES of Proceedings: CLARIFICATIONS OF RULINGS FROM THE MAY 19, 2008 PRETRIAL CONFERENCE: At the end of today's Daubert hearing, the parties raised questions regarding several rulings in the minute order from the May 19, 2008 pretrial conference. I have reviewed the minute order, and clarify that the rulings on those issues are as follows: Ex. 108: Objection OVERRULED. Ex. 609: Objection SUSTAINED. Defendant's Motions in Limine: 1. In my earlier order, I GRANTED IN PART/DENIED IN PART the motion to preclude Dr. Diduch's testimony, and stated that Dr. Diduch may not testify regarding resilience or Plaintiffs' proposed topic #1, but may testify regarding topics #2 and #3. I will further clarify this ruling on the record on Tuesday morning, June 3, before trial begins. 3.Order GRANTING IN PART/DENYING IN PART motion to limit Dr. Hayhurst's testimony. Order DENYING the motion as to topics 1-4 outlined in Plaintiffs' response. Order GRANTING the motion as to topic 5; only Plaintiffs' damages experts may refer to the Ethicon lawsuit, and they may refer to it only as it relates to licenses and royalties. John Skenyon, Mark Hebert, Brenna Legaard, and Gregory Booker present as counsel for plaintiff(s). Rodger D Young and Steven Susser present as counsel for defendant(s). Court Reporter: Bonita Shumway. Michael W. Mosman presiding. (dls) (Entered: 05/30/2008)
05/30/2008445  Proposed Form of Order Submitted [PROPOSED] ORDER PERMITTING MATERIALS TO ENTER COURTROOM. Filed by Smith & Nephew Incorporated, John O. Hayhurst. (Legaard, Brenna) (Entered: 05/30/2008)
05/30/2008446  Proposed Form of Order Submitted Proposed Order to Permit Materials to Enter the Courtroom. Filed by Arthrex, Incorporated. (Susser, Steven) (Entered: 05/30/2008)
05/30/2008447  Motion to Compel DR. HAYHURST'S MOTION TO REQUIRE ARTHREX TO REDACT DEFENSE EXHIBIT NO. 533 CONSISTENT WITH THE COURT'S RULING. Filed by all plaintiffs. (Attachments: # 1 Exhibit A# 2 Exhibit B) (Legaard, Brenna) (Entered: 05/30/2008)
05/30/2008448  Exhibits NOTICE OF DR. HAYHURST'S WITHDRAWAL OF TRIAL EXHIBITS. Filed by all plaintiffs. (Legaard, Brenna) (Entered: 05/30/2008)
05/30/2008450 Expert Report Of Marta L. Villarraga In Rebuttal Of Smith & Nephew's Expert Reports For Retrial Dated March 21, 2008. FILED UNDER SEAL. Filed by all defendants. (cib) Additional attachment(s) added on 6/3/2008 (Brost, Colleen). (Entered: 06/02/2008)
05/30/2008451 Expert Report of Marta L. Villarraga Regarding Infringement For Retrial Dated February 29, 2008. FILED UNDER SEAL. Filed by all defendants. (cib) Additional attachment(s) added on 6/3/2008 (Brost, Colleen). (Entered: 06/02/2008)
05/30/2008452 Response To Smith & Nephew's Expert Reports On Infringement For Retrial Dated March 21, 2008. FILED UNDER SEAL. Filed by all defendants. (cib) Additional attachment(s) added on 6/3/2008 (Brost, Colleen). (Entered: 06/02/2008)
05/30/2008453 Expert Report of Dr. Jonathan Edward Greenleaf, M.D., On The Issue Of Resilience For Retrial Dated July 20, 2006. FILED UNDER SEAL. Filed by all defendants. (cib) Additional attachment(s) added on 6/3/2008 (Brost, Colleen). (Entered: 06/02/2008)
05/30/2008454 Expert Report of Dr. Jonathan Edward Greenleaf, M.D. On The Issue of Resilience For Retrial Dated February 29, 2008. FILED UNDER SEAL.. Filed by all defendants. (cib) Additional attachment(s) added on 6/3/2008 (Brost, Colleen). (Entered: 06/02/2008)
05/30/2008455 Expert Report Of Marta L. Villarraga In Rebuttal Of Smith & Nephew's Expert Reports For Retrial Dated July 11, 2006. FILED UNDER SEAL. Filed by all defendants. (cib) Additional attachment(s) added on 6/3/2008 (Brost, Colleen). (Entered: 06/02/2008)
05/30/2008456 Expert Damages Report Of Russell L. Parr For Retrial Dated July 21, 2006. FILED UNDER SEAL. Filed by all defendants. (cib) Additional attachment(s) added on 6/3/2008 (Brost, Colleen). (Entered: 06/02/2008)
05/30/2008457 Supplemental Expert Damages Report Of Russell L. Parr For Retrial Dated September 28, 2006. FILED UNDER SEAL. Filed by all defendants. (cib) Additional attachment(s) added on 6/3/2008 (Brost, Colleen). (Entered: 06/02/2008)
05/30/2008458 Expert Report Of John E. Moalli On Infringement For Retrial Dated July 21, 2006. FILED UNDER SEAL. Filed by all defendants. (cib) Additional attachment(s) added on 6/3/2008 (Brost, Colleen). (Entered: 06/02/2008)
05/30/2008459 John E. Moalli's Response To Smith & Nephew's Rebuttal Expert Report On Infringement For Retrial Dated October 23, 2006. FILED UNDER SEAL. Filed by all defendants. (cib) Additional attachment(s) added on 6/3/2008 (Brost, Colleen). (Entered: 06/02/2008)
05/30/2008460 Expert Report Of John E. Moalli On Infringement For Retrial Dated February 28, 2008. FILED UNDER SEAL. Filed by Arthrex, Incorporated. (cib) Additional attachment(s) added on 6/3/2008 (Brost, Colleen). (Entered: 06/02/2008)
05/30/2008461 Expert Rebuttal Report Of Dr. Jonathan Edward Greenleaf, M.D. On The Issue Of Resilience For Retrial Dated March 21, 2008. FILED UNDER SEAL. Filed by all defendants. (cib) Additional attachment(s) added on 6/3/2008 (Brost, Colleen). (Entered: 06/02/2008)
06/02/2008449  Response Arthrex's Response to Motion to Compel DR. HAYHURST'S MOTION TO REQUIRE ARTHREX TO REDACT DEFENSE EXHIBIT NO. 533 CONSISTENT WITH THE COURT'S RULING 447 . Filed by Arthrex, Incorporated. (Susser, Steven) (Entered: 06/02/2008)
06/02/2008462 Proposed Designation of Deposition Testimony Defendant Arthrex's Proposed Testimony Designations of Dr. John Moalli [Part 1 of 2]. Filed by Arthrex, Incorporated. (Susser, Steven) (Entered: 06/02/2008)
06/02/2008463 Proposed Designation of Deposition Testimony Defendant Arthrex's Proposed Testimony Designations of Dr. John Moalli [Part 2 of 2]. Filed by Arthrex, Incorporated. (Susser, Steven) (Entered: 06/02/2008)
06/02/2008464 Order permitting materials to enter courtroom. Signed on 06/02/08 by Judge Michael W. Mosman. (pvh) (Entered: 06/02/2008)
06/02/2008465 Order permitting materials to enter courtroom. Signed on 06/02/08 by Judge Michael W. Mosman. (pvh) (Entered: 06/02/2008)
06/02/2008466  Exhibit List DR. HAYHURST'S SECOND REVISED TRIAL EXHIBIT LIST FOR RE-TRIAL. Filed by Smith & Nephew Incorporated, John O. Hayhurst. (Legaard, Brenna) (Entered: 06/02/2008)
06/02/2008467 Amended Exhibit List Defendant Arthrex's Fourth Amended Exhibit List. Filed by Arthrex, Incorporated. (Susser, Steven) (Entered: 06/02/2008)
06/02/2008468  Objection to Trial Exhibit DR. HAYHURST'S SUMMARY OF OBJECTIONS TO ARTHREX'S DEMONSTRATIVE EXHIBITS. Filed by all plaintiffs. (Attachments: # 1 Exhibit D2# 2 Exhibit D4# 3 Exhibit D58# 4 Exhibit D59# 5 Exhibit D60# 6 Exhibit D61# 7 Exhibit D72# 8 Exhibit D80# 9 Exhibit D81# 10 Exhibit D94# 11 Exhibit D95# 12 Exhibit D96# 13 Exhibit D97# 14 Exhibit D100# 15 Exhibit D119# 16 Exhibit D172# 17 Exhibit D175) (Legaard, Brenna) (Entered: 06/02/2008)
06/03/2008469  Motion Arthrex Inc.'s Motion to Preclude Portions of the Trial Testimony of Dr. Diduch. Filed by Arthrex, Incorporated. (Susser, Steven) (Entered: 06/03/2008)
06/03/2008470  Motion Arthrex Inc.'s Motion to Inquire about Dr. Hayhurst's Conception of the '557 Patent. Filed by Arthrex, Incorporated. (Attachments: # 1 Exhibit Exhibit 1 [S000]# 2 Exhibit Exhibit 2 [S018a]# 3 Exhibit Exhibit 3 [(Trial Transcript (rough) (June 3, 2008) at 114: 21-25; 115: 1)]# 4 Exhibit Exhibit 4 [(Trial Transcript (rough) (June 3, 2008) at 201)]) (Susser, Steven) (Entered: 06/03/2008)
06/03/2008475 MINUTES of Proceedings: RECORD OF FIRST DAY OF JURY TRIAL: Jury voir dire conducted; jury selected and sworn. See separate sheet for voir dire questions. Order OVERRULING Plaintiff's Objections to Defendant's Demonstrative Exhibits (#468) for use in opening statements. Over OVERRULING Defendant's oral objections to Plaintiff's demonstrative exhibits for use in opening statements. Opening statements given by counsel. Witnesses sworn and evidence adduced. A separate list of witnesses and exhibits will be provided on the final day of trial. Court in recess until 9:00 a.m., Wednesday, June 4, 2008. John Skenyon, Mark Hebert, Brenna Legaard, and Gregory Booker present as counsel for plaintiff(s). Rodger D Young and Steven Susser present as counsel for defendant(s). Court Reporter: Nancy Walker/Bonita Shumway. Michael W. Mosman presiding. (Attachments: # 1 voir dire questions) (dls) (Entered: 06/05/2008)
06/04/2008471  Objection to Trial Exhibit Arthrex's Summary of Objections to Smith & Nephew's Demonstrative Exhibits. Filed by Arthrex, Incorporated. (Attachments: # 1 Exhibit 1 - Demonstratives 80-83# 2 Exhibit 2 - Demonstrative 73# 3 Exhibit 3 - Demonstratives 74-75# 4 Exhibit 4 - Demonstrative S001c# 5 Exhibit 5 - Demonstrative S008a) (Susser, Steven) (Entered: 06/04/2008)
06/04/2008472  Motion Arthrex Inc.'s Motion for Clarification of the Court's Claim Construction. Filed by Arthrex, Incorporated. (Susser, Steven) (Entered: 06/04/2008)
06/04/2008476 MINUTES of Proceedings: Jury Trial - RECORD OF SECOND DAY OF JURY TRIAL: Order GRANTING IN PART/DENYING Defendant's Motion to Preclude Portions of the Trial Testimony of Dr. Diduch (#469), as stated on the record. Order DENYING Defendant's Motion to Inquire about Dr. Hayhurst's Conception of the '557 Patent (#470). Order DENYING Dr. Hayhurst's Motion to Require Arthrex to Redact Defense Exhibit No. 533 (#447), as stated on the record. Witnesses sworn and evidence adduced. Court in recess until 9:00 a.m., Thursday, June 5, 2008. John Skenyon, Mark Hebert, Brenna Legaard, and Gregory Booker present as counsel for plaintiff(s). Rodger D Young and Steven Susser present as counsel for defendant(s). Court Reporter: Bonita Shumway/Nancy Walker. Michael W. Mosman presiding. (dls) (Entered: 06/05/2008)
06/05/2008473  Objection to Trial Exhibit DR. HAYHURST'S OBJECTION TO ARTHREX'S USE OF DR. JOHN MOALLI'S FORMER TRIAL TESTIMONY WHICH WAS STRICKEN FROM THE RECORD. Filed by all plaintiffs. (Attachments: # 1 Exhibit A# 2 Exhibit B) (Legaard, Brenna) (Entered: 06/05/2008)
06/05/2008474  Motion to Compel DR. HAYHURST'S EMERGENCY MOTION TO COMPEL PRODUCTION RE ARTHREX'S DRILL BIT NO. AR-1934PD. Filed by all plaintiffs. (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B) (Legaard, Brenna) (Entered: 06/05/2008)
06/05/2008478 MINUTES of Proceedings: RECORD OF THIRD DAY OF JURY TRIAL: Witnesses sworn and evidence adduced. Order GRANTING IN PART/TAKING UNDER ADVISEMENT IN PART Plaintiffs' Motion to Compel Production of Arthrex's Drill Bit (#474). The Court will not allow testimony regarding the new drill bit on direct examination, but will hold in abeyance a ruling on the appropriate scope of rebuttal depending on the testimony elicited during cross. The Court further directs Defendant to produce a copy of the FDA materials associated with the new drill bit for the Court's in camera review. Order SUSTAINING IN PART/TAKING UNDER ADVISEMENT IN PART Plaintiffs' Objections to Arthrex's Use of Dr. Moalli's Former Trial Testimony (#473). Order SUSTAINING the objections to those portions of testimony outlined in Exhibit B to Plaintiffs' Objections, and TAKING UNDER ADVISEMENT those portions outlined in Exhibit A. Order TAKING UNDER ADVISEMENT Defendant's Motion for Clarification of the Court's Claim Construction (#472). If necessary, such clarification will be included in the jury instructions. Court in recess until 9:00 a.m., Friday, June 6, 2008. John Skenyon, Mark Hebert, Brenna Legaard, and Gregory Booker present as counsel for plaintiff(s). Rodger D Young and Steven Susser present as counsel for defendant(s). Court Reporter: Nancy Walker/Bonita Shumway. Michael W. Mosman presiding. (dls) (Entered: 06/09/2008)
06/06/2008479 MINUTES of Proceedings: RECORD OF FOURTH DAY OF JURY TRIAL: Witnesses sworn and evidence adduced. Order DENYING Defendant's oral motion for dismissal of Plaintiffs' case. Order SUSTAINING Plaintiffs' objections to the portions of Dr. Moalli's former trial testimony outlined in Exhibit A of Plaintiffs' motion (#473). Order DENYING Plaintiffs' Motion to Compel Production of Arthrex's Drill Bit (#474). Court in recess until 9:00 a.m., Monday, June 9, 2008. John Skenyon, Mark Hebert, Brenna Legaard, and Gregory Booker present as counsel for plaintiff(s). Rodger D Young and Steven Susser present as counsel for defendant(s). Court Reporter: Bonita Shumway/Nancy Walker. Michael W. Mosman presiding. (dls) (Entered: 06/09/2008)
06/09/2008477  Designation of Deposition Testimony DR. HAYHURST'S OBJECTION TO MR. THOMAS MAY'S FORMER TESTIMONY DESIGNATIONS. Filed by Smith & Nephew Incorporated, John O. Hayhurst. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D) (Legaard, Brenna) (Entered: 06/09/2008)
06/09/2008480  Objection to Trial Exhibit DR. HAYHURST'S OBJECTION TO PHYSICAL EXHIBITS. Filed by Smith & Nephew Incorporated, John O. Hayhurst. (Legaard, Brenna) (Entered: 06/09/2008)
06/09/2008486 MINUTES of Proceedings: Jury Trial - RECORD OF FIFTH DAY OF JURY TRIAL: Mr. Young sanctioned, as stated on the record. Witnesses sworn and evidence adduced. Jury instructions discussed with counsel. Court in recess until 9:00 a.m., Tuesday, June 10, 2008. John Skenyon, Mark Hebert, Brenna Legaard, and Gregory Booker present as counsel for plaintiff(s). Rodger D Young and Steven Susser present as counsel for defendant(s). Court Reporter: Bonita Shumway/Nancy Walker. Michael W. Mosman presiding. (dls) (Entered: 06/12/2008)
06/10/2008481  Motion for Judgment Not Withstanding the Verdict PLAINTIFFS' MOTION FOR JUDGMENT AS A MATTER OF LAW FOLLOWING RE-TRIAL. Filed by all plaintiffs. (Legaard, Brenna) (Entered: 06/10/2008)
06/10/2008482  Memorandum in Support PLAINTIFFS' MEMORANDUM IN SUPPORT OF MOTION FOR JUDGMENT AS A MATTER OF LAW FOLLOWING RE-TRIAL. Filed by all plaintiffs. (Related document(s): Motion for Judgment NOV 481 .) (Legaard, Brenna) (Entered: 06/10/2008)
06/10/2008483  Exhibits PLAINTIFFS' SUBMISSION OF DEPOSITION TESTIMONY PLAYED BY VIDEOTAPE TO BE ADDED TO THE RECORD AS A COURT EXHIBIT. Filed by Smith & Nephew Incorporated, John O. Hayhurst. (Attachments: # 1 Exhibit A) (Legaard, Brenna) (Entered: 06/10/2008)
06/10/2008487 Court's Instructions to the Jury. (dls) (Entered: 06/12/2008)
06/10/2008488 MINUTES of Proceedings: Jury Trial - RECORD OF SIXTH DAY OF JURY TRIAL: Jury instructions discussed with counsel. Witnesses sworn and evidence adduced. Defense rests. Order DENYING Plaintiff's Motion for Judgment as a Matter of Law (#481). Plaintiffs' rebuttal case presented. Instructions read and provided to the jury. Closing arguments given by counsel. Bailiffs sworn. Jury deliberates. Order DENYING AS MOOT Defendant's Objections to Plaintiffs' Demonstrative Exhibits (#471). Order DENYING AS MOOT Defendant's Motion for Clarification of the Court's Claim Construction (#472). Court in recess until 8:50 a.m., Wednesday, June 11, 2008. John Skenyon, Mark Hebert, Brenna Legaard, and Gregory Booker present as counsel for plaintiff(s). Steven Susser, Anthony Cho, and Rodger D Young present as counsel for defendant(s). Court Reporter: Bonita Shumway/Nancy Walker. Michael W. Mosman presiding. (dls) Modified on 6/12/2008 (Stephens, Dawn). (Entered: 06/12/2008)
06/11/2008484 Marta L. Villarraga's Response To Rebuttal Expert Report of Wilson C. Hayes, PH.D. Dated September 20, 2006 Regarding The Issue of Infringement. FILED UNDER SEAL. Filed by Arthrex, Incorporated. (cib) Additional attachment(s) added on 6/12/2008 (Brost, Colleen). (Entered: 06/12/2008)
06/11/2008485 Marta L. Villarraga's Response To Rebuttal Expert Report of Wilson C. Hayes, PH.D Regarding The Issue Of Infringement Dated 10/23/06. FILED UNDER SEAL. Filed by Arthrex, Incorporated. (cib) Additional attachment(s) added on 6/12/2008 (Brost, Colleen). (Entered: 06/12/2008)
06/11/2008489 Verdict. In favor of the plaintiffs, in the amount of $4,788, 014.00 in profit damages, and $9,907,844 (16%) in royalty damages. (dls) (Entered: 06/12/2008)
06/11/2008490 MINUTES of Proceedings: Jury Trial completed. RECORD OF SEVENTH AND FINAL DAY OF JURY TRIAL: Jury deliberates. Lunch ordered for 8 jurors, from Randy's Coffee Court II. Order REVOKING Mr Young's Pro Hac Vice status (#27); minute order to follow. Jury returns a verdict. Jury polled. Court discharges the jury. Exhibits returned. A separate list of witnesses and exhibits is attached. Court adjourned. John Skenyon, Mark Hebert, Brenna Legaard, and Gregory Booker present as counsel for plaintiff(s). Steven Susser and Anthony Cho present as counsel for defendant(s). Court Reporter: Bonita Shumway. Michael W. Mosman presiding. (Attachments: # 1 Wit/Exh page 1# 2 Wit/Exh page 2) (dls) (Entered: 06/13/2008)
06/11/2008491 Order revoking pro hac vice status (#27) for Mr. Young, as stated on the record. Mr. Young is directed to contact this Court before seeking pro hac vice status again in the District of Oregon. Ordered by Judge Michael W. Mosman. (dls) (Entered: 06/13/2008)
06/16/2008492 Record of Order by Michael W. Mosman. All motions are due 30 days from the date of the verdict. Responses are due 30 days after that. Replies are due 15 days after that. Ordered by Judge Michael W. Mosman. (dls) (Entered: 06/16/2008)
06/16/2008493  Proposed Form of Order Submitted DR. HAYHURST'S PROPOSED FORM OF JUDGMENT. Filed by all plaintiffs. (Pitchford, Susan) (Entered: 06/16/2008)
06/20/2008494  Motion for Stay of Entry of Judgment for 30 Days. Filed by Arthrex, Incorporated. (Attachments: # 1 Exhibit 1-Ex-Parte Reexamination Communication Transmittal Form from USP&T Offfice; 2-Pratt patent; 3-Furnas Article) (Susser, Steven) (Entered: 06/20/2008)
06/20/2008495 ORDER GRANTING Defendant's Motion for Stay of Entry of Judgment for 30 days (#494). Ordered by Judge Michael W. Mosman. (mjp) (Entered: 06/20/2008)
07/08/2008496 Order. This Order is entered in response to the parties' requests via email for clarification of post-trial deadlines. The deadline for all post-trial motions (other than costs and attorney fees) remains as previously set for July 11, 2008. Responses are due July 25, and replies are due August 8. Judgment will be entered following my rulings on those post-trial motions. The parties are instructed to email Ms. Stephens regarding whether they prefer to litigate the bill of costs and motion for attorney fees before or after disposition of any appeal that may be taken from the final judgment. Ordered by Judge Michael W. Mosman. (dls) (Entered: 07/08/2008)
07/09/2008497 Stipulated Motion for Extension of Time to Extend Deadline for Filing Post-Trial Motions. Filed by Arthrex, Incorporated. (Heuser, Peter) (Entered: 07/09/2008)
07/09/2008498 Stipulated Motion for Extension of Time for Filing Post-Trial Motions. Filed by Arthrex, Incorporated. (Heuser, Peter) (Entered: 07/09/2008)
07/09/2008499  Memorandum in Support of Defendant Arthrex, Inc.'s Stipulated Motion to Extend Deadline for Filing Post-Trial Motions. Filed by Arthrex, Incorporated. (Related document(s): Motion for Extension of Time 498 .) (Heuser, Peter) (Entered: 07/09/2008)
07/09/2008500 Order for Administrative Correction of the Record regarding Stipulated Motion for Extension of Time to Extend Deadline for Filing Post-Trial Motions 497 filed by Arthrex, Incorporated. A Clerical error has been discovered in the case record. Motion(#497) has the incorrect pdf file attached to the Motion. Defendant's attorney has resubmitted the Motion(#498)with the correct pdf file. In accordance with Fed. R. Civ. P. 60(a), the Clerk is directed to make the following administrative corrections to the record and to notify all parties accordingly. (cib) (Entered: 07/09/2008)
07/10/2008501 ORDER: GRANTING Motion for Extension of Time 498 . All Post Trial Motions, including motions under Rule 50 and 59, are extended to 7/28/2008. Responses are due 30 days after that. Replies are due 15 days after that. Ordered by Judge Michael W. Mosman. (dls) (Entered: 07/10/2008)
07/11/2008502  Motion for Stay Judicial Proceedings Pending Reexamination Proceeding of U.S. Patent No. 5,601,557. Filed by Arthrex, Incorporated. (Tedesco, Elizabeth) (Entered: 07/11/2008)
07/11/2008503  Memorandum in Support of Motion to Stay Judicial Proceedings Pending Reexamination Proceeding of U.S. Patent No. 5,601,557. Filed by Arthrex, Incorporated. (Related document(s): Motion for Stay 502 .) (Tedesco, Elizabeth) (Entered: 07/11/2008)
07/11/2008504  Declaration of Steven Susser in Support of Motion to Stay Judicial Proceedings Pending Reexamination Proceeding of U.S. Patent No. 5,601,557. Filed by Arthrex, Incorporated. (Related document(s): Motion for Stay 502 .) (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C) (Tedesco, Elizabeth) (Entered: 07/11/2008)
07/22/2008505  Memorandum in Opposition to Motion for Stay Judicial Proceedings Pending Reexamination Proceeding of U.S. Patent No. 5,601,557 502 . Filed by all plaintiffs. (Legaard, Brenna) (Entered: 07/22/2008)
07/22/2008506  Declaration of BRENNA K. LEGAARD IN SUPPORT OF PLAINTIFFS' OPPOSITION TO ARTHREX'S MOTION FOR A STAY OF JUDICIAL PROCEEDINGS PENDING RE-EXAMINATION OF US PATENT NO. 5,601,557. Filed by all plaintiffs. (Related document(s): Memorandum in Opposition 505 .) (Attachments: # 1 Exhibit 1# 2 Errata 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Errata 7# 8 Exhibit 8# 9 Exhibit 9# 10 Exhibit 10# 11 Exhibit 11# 12 Exhibit 12) (Legaard, Brenna) (Entered: 07/22/2008)
07/25/2008507  Motion PLAINTIFFS' MOTION FOR SUPPLEMENTAL DAMAGES AND TO COMPEL PRODUCTION OF SALES DOCUMENTS. Filed by all plaintiffs. (Legaard, Brenna) (Entered: 07/25/2008)
07/25/2008508  Memorandum in Support OF PLAINTIFFS' MOTION FOR SUPPLEMENTAL DAMAGES AND TO COMPEL PRODUCTION OF SALES DOCUMENTS. Filed by all plaintiffs. (Related document(s): Motion 507 .) (Legaard, Brenna) (Entered: 07/25/2008)
07/25/2008509  Motion PLAINTIFFS' MOTION FOR AN AWARD OF PRE-JUDGMENT INTEREST. Filed by all plaintiffs. (Legaard, Brenna) (Entered: 07/25/2008)
07/25/2008510  Memorandum in Support OF PLAINTIFFS' MOTION FOR AN AWARD OF PRE-JUDGMENT INTEREST. Filed by all plaintiffs. (Related document(s): Motion 509 .) (Legaard, Brenna) (Entered: 07/25/2008)
07/25/2008511 Declaration of Richard B. Troxel In Support Of Plaintiffs' Memorandum In Support Of Their Motion For An Award Of Pre-Judgment Interest. FILED UNDER SEAL.. Filed by all plaintiffs. (cib) Additional attachment(s) added on 7/28/2008 (Brost, Colleen). (Entered: 07/28/2008)
07/25/2008512 Declaration of Brenna K. Legaard In Support Of Plaintiff's Motion For Supplemental Damages And To Compel Production Of Sales Documents. FILED UNDER SEAL.. Filed by Smith & Nephew Incorporated. (cib) Additional attachment(s) added on 7/28/2008 (Brost, Colleen). (Entered: 07/28/2008)
07/28/2008513  Motion PLAINTIFFS' MOTION FOR PERMANENT INJUNCTION. Filed by all plaintiffs. (Legaard, Brenna) (Entered: 07/28/2008)
07/28/2008514  Motion PLAINTIFFS' MOTION FOR TREBLE DAMAGES UNDER 35 USC SECTION 284. Filed by all plaintiffs. (Legaard, Brenna) (Entered: 07/28/2008)
07/28/2008515  Memorandum in Support OF PLAINTIFFS' MOTION FOR TREBLE DAMAGES UNDER 35 USC SECTION 284. Filed by all plaintiffs. (Related document(s): Motion 514 .) (Legaard, Brenna) (Entered: 07/28/2008)
07/28/2008516  Motion for Judgment as a Matter of Law, or in the Alternative, for a New Trial. Filed by Arthrex, Incorporated. (Susser, Steven) (Entered: 07/28/2008)
07/28/2008517  Memorandum in Support of Arthrex's Motion for Judgment as a Matter of Law, or in the Alternative, for a New Trial. Filed by Arthrex, Incorporated. (Related document(s): Motion for judgment 516 .) (Susser, Steven) Additional attachment(s) added on 8/4/2008 (Brost, Colleen). (Entered: 07/28/2008)
07/28/2008518  Declaration of Steven Susser in Support of Arthrex Inc's Renewed Motion for Judgment as a Matter of Law, or in the Alternative, for a New Trial. Filed by Arthrex, Incorporated. (Related document(s): Motion for judgment 516 .) (Attachments: # 1 Exhibit 1 - 2008 Trial, Excerpts# 2 Exhibit 2 - Jury Instruction 14# 3 Exhibit 3 - Markman Hearing, Excerpts from Transcript# 4 Exhibit 4 - Amended Findings and Recommendation, 6.11.99# 5 Exhibit 5 - Pretrial Conference, Excerpts, 5.19.08# 6 Exhibit 6 - Opinion re Claim Construction - 4.12.07# 7 Exhibit 7 - 557 Patent# 8 Exhibit 8 - PTO Office Action - 6.5.08# 9 Exhibit 9 - Ex Parte Reexamination Interview Summary# 10 Exhibit 10 - Opinion & Order re Summary Judgment - 5.17.07# 11 Exhibit 11 - Chart# 12 Exhibit 12 - Excerpts from SN Appellant Brief# 13 Exhibit 13 - Excerpt from SN Opposition to Arthrex's Motion for SJ re Double Patenting# 14 Exhibit 14 - "A Teflon Toggle"# 15 Exhibit 15 - Declaration of Mr. William Benavitz# 16 Exhibit 16 - Arthrex's Instructions) (Susser, Steven) Additional attachment(s) added on 8/4/2008 (Brost, Colleen). (Entered: 07/28/2008)
07/28/2008519  Motion PLAINTIFFS' MOTION TO DECLARE THIS AN EXCEPTIONAL CASE AND TO AWARD ATTORNEY FEES UNDER 35 U.S.C. SECTION 285. Filed by all plaintiffs. (Legaard, Brenna) (Entered: 07/28/2008)
07/28/2008520  Memorandum in Support OF PLAINTIFFS' MOTION TO DECLARE THIS AN EXCEPTIONAL CASE AND TO AWARD ATTORNEY FEES UNDER 35 U.S.C. SECTION 285. Filed by all plaintiffs. (Related document(s): Motion 519 .) (Legaard, Brenna) (Entered: 07/28/2008)
07/28/2008521 Memorandum in Support Of Their Motion For A Permanent Injunction. FILED UNDER SEAL. Filed by all plaintiffs. (Related document(s): Motion 513 .) (cib) (Entered: 07/30/2008)
07/28/2008522 Declaration of Paul O'Connor. FILED UNDER SEAL.. Filed by all plaintiffs. (cib) (Entered: 07/30/2008)
07/28/2008523 Declaration of John Mahoney. FILED UNDER SEAL.. Filed by all plaintiffs. (cib) (Entered: 07/30/2008)
07/28/2008524 Declaration of Brenna K. Legaard In Support Of Plaintiffs' Motion For Permanent Injunction. FILED UNDER SEAL.. Filed by all plaintiffs. (Related document(s): Motion 513 .) (cib) (Entered: 07/30/2008)
07/28/2008525 Combined Declaration of Brenna K. Legaard In Support of Plaintiffs' Motion For Treble Damages Under 35 U.S.C 284 and In Support of Plaintiffs' Motion For Attorney Fees Under 35 U.S.C 285. FILED UNDER SEAL.. Filed by all plaintiffs. (Related document(s): Motion 519 , Motion 514 .) (cib) (Entered: 07/30/2008)
08/04/2008526 Order for Administrative Correction of the Record regarding Memorandum in Support, 517 filed by Arthrex, Incorporated, Declaration 518 filed by Arthrex, Incorporated. Documents #517 and #518 has been brought to the Court's attention that these documents should have been filed under seal due to the protective order. The Clerk has sealed these documents on the request of the plaintiff's attorney. A Clerical error has been discovered in the case record. In accordance with Fed. R. Civ. P. 60(a), the Clerk is directed to make the following administrative corrections to the record and to notify all parties accordingly. (cib) (Entered: 08/04/2008)
08/05/2008527  Reply to Smith and Nephew's Opposition to Arthrex's Stay Pending Reexamination Proceeding of U.S. Patent No. 5,601,557. Filed by Arthrex, Incorporated. (Related document(s): Motion for Stay 502 .) (Heuser, Peter) (Entered: 08/05/2008)
08/21/2008528 Declaration of Brenna K. Legaard In Support of Plaintiffs' Updated Memorandum In Support Of Their (1)Motion For Supplemental Damages And To Compel Production Of Sales Documents, and (2) Motion For An Award Of Pre-Judgment Interest. FILED UNDER SEAL.. Filed by all plaintiffs. (cib) Additional attachment(s) added on 8/22/2008 (Brost, Colleen). (Entered: 08/22/2008)
08/21/2008529 Updated Memorandum in Support In Support Of Their Motion For Supplemental Damages To To Compel Production of Sales Documents and (2) Motion For An Award Of Pre-Judgment Interest. FILED UNDER SEAL. Filed by all plaintiffs. (Related document(s): Motion 519 , Motion 507 .) (cib) Additional attachment(s) added on 8/22/2008 (Brost, Colleen). (Entered: 08/22/2008)
08/21/2008530 Declaration of Richard B. Troxel In Support of Plaintiffs' Memorandum In Support Of Their Motion For An Award Of Additional Damages. FILED UNDER SEAL.. Filed by all plaintiffs. (Related document(s): Memorandum in Support of Motion, 529 .) (cib) Additional attachment(s) added on 8/22/2008 (Brost, Colleen). (Entered: 08/22/2008)
08/22/2008531 Declaration of Brenna K. Legaard Re Original Signature On Declaration O f Richard B. Troxel Filed Under Seal On August 21, 2008(Docket No. 530). FILED UNDER SEAL. Filed by all plaintiffs. (cib) Additional attachment(s) added on 8/25/2008 (Brost, Colleen). (Entered: 08/25/2008)
08/27/2008532  Response in Opposition PLAINTIFFS' OPPOSITION TO ARTHREX, INC.'S RENEWED MOTION FOR JUDGMENT AS A MATTER OF LAW OR IN THE ALTERNATIVE, FOR A NEW TRIAL to Motion for Judgment as a Matter of Law, or in the Alternative, for a New Trial 516 . Filed by all plaintiffs. (Legaard, Brenna) (Entered: 08/27/2008)
08/27/2008533  Memorandum in Opposition to Motion PLAINTIFFS' MOTION TO DECLARE THIS AN EXCEPTIONAL CASE AND TO AWARD ATTORNEY FEES UNDER 35 U.S.C. SECTION 285 519 . Filed by Arthrex, Incorporated. (Heuser, Peter) (Entered: 08/27/2008)
08/27/2008534  Declaration of Steven Susser in Support of Memorandum in Opposition to Plaintiffs' Motion To Declare This an Exceptional Case. Filed by Arthrex, Incorporated. (Related document(s): Memorandum in Opposition 533 .) (Heuser, Peter) (Entered: 08/27/2008)
08/27/2008535  Response to Motion PLAINTIFFS' MOTION FOR SUPPLEMENTAL DAMAGES AND TO COMPEL PRODUCTION OF SALES DOCUMENTS 507 . Filed by Arthrex, Incorporated. (Heuser, Peter) (Entered: 08/27/2008)
08/27/2008538 Declaration of Brenna K. Legaard In Support Of Plaintiffs' Opposition To Arthrex, Inc.'s Renewed Motion For Judgment As A Matter Of Law Or In The Alternative For A New Trial. FILED UNDER SEAL. Filed by all plaintiffs. (cib) (Entered: 09/02/2008)
08/27/2008539 Memorandum In Response To Plaintiffs' Motion For An Award of Pre-Judgment Interest. FILED UNDER SEAL. Filed by Arthrex, Incorporated. (Related document(s): Motion 509 .) (cib) (Entered: 09/02/2008)
08/27/2008540 Declaration of David Cavallaro In Support Of Arthrex's Memorandum In Response To Plaintiffs' Motion For An Award Of Pre-Judgment Interest. FILED UNDER SEAL.. Filed by Arthrex, Incorporated. (Related document(s): Motion 509 .) (cib) (Entered: 09/02/2008)
08/27/2008541 Memorandum in Opposition to Motion PLAINTIFFS' MOTION FOR TREBLE DAMAGES UNDER 35 USC SECTION 284 514 .FILED UNDER SEAL. Filed by Arthrex, Incorporated. (cib) (Entered: 09/02/2008)
08/27/2008542 Declaration of Steven Susser In Support Of Arthrex's Memorandum In Opposition To Plaintiffs' Motion For Treble Damages. FILED UNDER SEAL.. Filed by Arthrex, Incorporated. (cib) (Entered: 09/02/2008)
08/27/2008543 Opposition to Plaintiffs' MOTION FOR PERMANENT INJUNCTION 513 . Filed by Arthrex, Incorporated. FILED UNDER SEAL. (cib) (Entered: 09/02/2008)
08/27/2008544 Declaration of Dr. Jonathan L. Glashow, M.D. In Supprt Of Arthrex's Opposition To Plaintiffs' Motion For Permanent Injunction. FILED UNDER SEAL.. Filed by Arthrex, Incorporated. (Related document(s): Response to Motion 543 .) (cib) (Entered: 09/02/2008)
08/27/2008545 Declaration of Mr. William Benavitz In Support of Arthrex's Opposition To Plaintiffs' Motion For Permanent Injunction. FILED UNDER SEAL. Filed by Arthrex, Incorporated. (cib) (Entered: 09/02/2008)
08/27/2008546 Declaration of Dr. Wayne Burkhead In Support Of Arthrex's Opposition To Plaintiffs' Motion For Permanent Injunction. FILED UNDER SEAL.. Filed by Arthrex, Incorporated. (Related document(s): Response to Motion 543 .) (cib) (Entered: 09/02/2008)
08/27/2008547 Declaration of Dr. Jonathan Greenleaf In Support of Arthrex's Opposition To Plaintiffs' Motion For Permanent Injunction. FILED UNDER SEAL. Filed by Arthrex, Incorporated. (Related document(s): Response to Motion 543 .) (cib) (Entered: 09/02/2008)
08/27/2008548 Declaration of Steven Susser In Support of Arthrex, Inc.'s Opposition To Plaintiffs' Motion For Permanent Injunction. FILED UNDER SEAL.. Filed by Arthrex, Incorporated. (Related document(s): Response to Motion 543 .) (cib) (Entered: 09/02/2008)
08/28/2008536  Motion PLAINTIFFS' UNOPPOSED MOTION TO SEAL PORTIONS OF THE 2008 TRIAL TRANSCRIPT. Filed by Smith & Nephew Incorporated, John O. Hayhurst. (Legaard, Brenna) (Entered: 08/28/2008)
08/28/2008537 Certificate of Service by Arthrex, Incorporated Filed by Arthrex, Incorporated. (Heuser, Peter) (Entered: 08/28/2008)
09/09/2008549  Motion for Extension of Time PLAINTIFFS' UNOPPOSED MOTION FOR EXTENSION OF TIME. Filed by Smith & Nephew Incorporated, John O. Hayhurst. (Legaard, Brenna) (Entered: 09/09/2008)
09/10/2008550 ORDER: GRANTING Motion for Extension of Time 549 . Replies are due by 9/12/2008 for the following motions: Motion for Stay Judicial Proceedings Pending Reexamination Proceeding of U.S. Patent No. 5,601,557(#502), Motion PLAINTIFFS' MOTION FOR SUPPLEMENTAL DAMAGES AND TO COMPEL PRODUCTION OF SALES DOCUMENTS (#507), Motion PLAINTIFFS' MOTION FOR AN AWARD OF PRE-JUDGMENT INTEREST (#509), Motion PLAINTIFFS' MOTION FOR PERMANENT INJUNCTION (#513), Motion PLAINTIFFS' MOTION FOR TREBLE DAMAGES UNDER 35 USC SECTION 284 (#514), Motion for Judgment as a Matter of Law, or in the Alternative, for a New Trial (#516), Motion PLAINTIFFS' MOTION TO DECLARE THIS AN EXCEPTIONAL CASE AND TO AWARD ATTORNEY FEES UNDER 35 U.S.C. SECTION 285 (#519), and Motion PLAINTIFFS' UNOPPOSED MOTION TO SEAL PORTIONS OF THE 2008 TRIAL TRANSCRIPT (#536). Ordered by Judge Michael W. Mosman. (dls) (Entered: 09/10/2008)
09/10/2008551 ORDER: GRANTING Motion PLAINTIFFS' UNOPPOSED MOTION TO SEAL PORTIONS OF THE 2008 TRIAL TRANSCRIPT 536 . The testimony of damages experts Richard Troxel (Day 4, pages 690-760) and Russell Parr (Day 5, pages 1088-1102) will be SEALED. Ordered by Judge Michael W. Mosman. (dls) (Entered: 09/10/2008)
09/12/2008552  Reply PLAINTIFFS' REPLY BRIEF IN SUPPORT to Motion PLAINTIFFS' MOTION FOR SUPPLEMENTAL DAMAGES AND TO COMPEL PRODUCTION OF SALES DOCUMENTS 507 . Filed by all plaintiffs. (Legaard, Brenna) (Entered: 09/12/2008)
09/12/2008553  Reply PLAINTIFFS' REPLY BRIEF IN SUPPORT to Motion PLAINTIFFS' MOTION FOR AN AWARD OF PRE-JUDGMENT INTEREST 509 . Filed by all plaintiffs. (Legaard, Brenna) (Entered: 09/12/2008)
09/12/2008554  Reply PLAINTIFFS' REPLY BRIEF IN SUPPORT to Motion PLAINTIFFS' MOTION TO DECLARE THIS AN EXCEPTIONAL CASE AND TO AWARD ATTORNEY FEES UNDER 35 U.S.C. SECTION 285 519 . Filed by all plaintiffs. (Legaard, Brenna) (Entered: 09/12/2008)
09/12/2008555  Reply Memorandum in Support of Arthrex's Renewed to Motion for Judgment as a Matter of Law, or in the Alternative, for a New Trial 516 . Filed by Arthrex, Incorporated. (Susser, Steven) (Entered: 09/12/2008)
09/12/2008556  Declaration of Steven Susser in Support of Arthrex's Reply Memorandum in Support of Renewed Motion for Judgment as a Matter of Law. Filed by Arthrex, Incorporated. (Related document(s): Reply to Motion 555 .) (Attachments: # 1 Exhibit A - Excerpts from Pretrial Conference - 5.19.08# 2 Exhibit B - Excerpts from Markman Hearing Transcript - 2.26.07# 3 Exhibit C - Excerpts from 2008 Trial# 4 Exhibit D - US Patent, No. 5,601,557# 5 Exhibit E - Excerpts from Smith & Nephew's Reply Brief on Appeal# 6 Exhibit F - Excerpts from the Dep Trans of J. Schmeiding - 3.6.06# 7 Exhibit G - Group One v Hallmark Cards, Inc.# 8 Exhibit H - USPTO Ex Parte Reexamination Interview Summary# 9 Exhibit I - Excerpts from Smith & Newphew's Appeal Brief# 10 Exhibit J - Hayhurst's Response to Patent Office dated 8.5.08) (Susser, Steven) (Entered: 09/12/2008)
09/12/2008557  Response DECLARATION OF JOHN MAHONEY IN SUPPORT OF PLAINTIFFS' REPLY BRIEF IN SUPPORT to Motion PLAINTIFFS' MOTION FOR PERMANENT INJUNCTION 513 . Filed by all plaintiffs. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3) (Legaard, Brenna) (Entered: 09/12/2008)
09/12/2008558 Reply Brief in Suppot to Motion PLAINTIFFS' MOTION FOR TREBLE DAMAGES UNDER 35 USC SECTION 284 514 . FILED UNDER SEAL. Filed by all plaintiffs. (cib) Additional attachment(s) added on 9/17/2008 (Brost, Colleen). (Entered: 09/17/2008)
09/12/2008559 Combined Declaration of Brenna K. Legaard In Support of Plaintiffs' Reply Brief. FILED UNDER SEAL. Filed by Smith & Nephew Incorporated. (Related document(s): Reply to Motion 558 .) (cib) Additional attachment(s) added on 9/17/2008 (Brost, Colleen). (Entered: 09/17/2008)
09/12/2008560 Reply Brief In Support to Motion PLAINTIFFS' MOTION FOR PERMANENT INJUNCTION 513 . FILED UNDER SEAL. Filed by all plaintiffs. (cib) Additional attachment(s) added on 9/17/2008 (Brost, Colleen). (Entered: 09/17/2008)
09/12/2008561 Declaration of Brenna K. Legaard In Support of Plaintiffs' Reply Brief. FILED UNDER SEAL. Filed by all plaintiffs. (Related document(s): Reply to Motion 560 .) (cib) Additional attachment(s) added on 9/17/2008 (Brost, Colleen). (Entered: 09/17/2008)
09/18/2008562  Declaration of BRENNA K. LEGAARD RE REPLACEMENT EXHIBIT A TO DECLARATION OF JOHN MAHONEY IN SUPPORT OF PLAINTIFFS' REPLY BRIEF IN SUPPORT OF THEIR MOTION FOR A PERMANENT INJUNCTION (DOCKET NO. 557). Filed by all plaintiffs. (Legaard, Brenna) (Entered: 09/18/2008)
09/19/2008563  Motion for Extension of Time UNOPPOSED MOTION FOR AN EXTENSION OF TIME TO FILE RESPONSE TO ARTHREX, INC.'S MOTION TO STAY JUDICIAL PROCEEDINGS PENDING RESOLUTION OF PRIOR CASE. Filed by all plaintiffs. (Legaard, Brenna) (Entered: 09/19/2008)
09/19/2008564 Order for Administrative Correction of the Record regarding Motion for Extension of Time UNOPPOSED MOTION FOR AN EXTENSION OF TIME TO FILE RESPONSE TO ARTHREX, INC.'S MOTION TO STAY JUDICIAL PROCEEDINGS PENDING RESOLUTION OF PRIOR CASE 563 filed by John O. Hayhurst, Smith & Nephew Incorporated. This Motion was filed in the wrong case. The Correct Case is CV 08-714 MO. The Clerk will satisfy the motion and the response deadline. A Clerical error has been discovered in the case record. In accordance with Fed. R. Civ. P. 60(a), the Clerk is directed to make the following administrative corrections to the record and to notify all parties accordingly. (cib) (Entered: 09/19/2008)
09/19/2008565  Report Letter to the Court. Filed by Arthrex, Incorporated. (Tedesco, Elizabeth) (Entered: 09/19/2008)
09/19/2008566 Amended Memorandum in Support of Arthrex, Inc.'s Renewed Motion for Judgment as a Matter of Law, or in the Alternative, for a New Trial. Filed by Arthrex, Incorporated. (Related document(s): Motion for judgment 516 .) (Tedesco, Elizabeth) (Entered: 09/19/2008)
10/14/2008567  Notice PLAINTIFFS' SUBMISSION OF NEW AUTHORITY RE DEFENDANT'S MOTION FOR JMOL.Filed by all plaintiffs. (Attachments: # 1 Federal Circuit Op re Broadcom v Qualcomm) (Legaard, Brenna) (Entered: 10/14/2008)
10/14/2008568  Notice of Change of Address of Gregory R. Booker.Filed by all plaintiffs. (Legaard, Brenna) (Entered: 10/14/2008)
10/20/2008569 ORDER: Motion for Judgment as a Matter of Law, or in the Alternative, for a New Trial 516 is DENIED. Ordered by Judge Michael W. Mosman. (dls) (Entered: 10/20/2008)
10/20/2008570 ORDER: Motion for Stay Judicial Proceedings Pending Reexamination Proceeding of U.S. Patent No. 5,601,557 502 is DENIED. Ordered by Judge Michael W. Mosman. (dls) (Entered: 10/20/2008)
10/22/2008571 ORDER: Plaintiff's Motion for an award of pre-judgment interest 509 is GRANTED. Plaintiff's are awarded such interest in the amount of $1,507,309 for the period up to July 31, 2008. Further interest will be calculated for the period August 1, 2008 to the date of the entry of Judgment or Injunction, whichever is earlier. Ordered by Judge Michael W. Mosman. (dls) (Entered: 10/22/2008)
10/22/2008572 Notice of Attorney Withdrawal: PLAINTIFFS' NOTICE OF WITHDRAWAL OF CO-COUNSEL THOMAS M. JOHNSTON AND BENJAMIN D. ENERSON.Filed by all plaintiffs. (Legaard, Brenna) (Entered: 10/22/2008)
10/22/2008573 OPINION AND ORDER: Plaintiffs' Motion for Supplemental Damages; to Compel Production of Sales Documents; v. and for an Award of Pre-Judgment Interest on Additional Sales 507 is GRANTED IN PART, and otherwise denied with leave to renew. Signed on 10/22/08 by Judge Michael W. Mosman. (dls) (Entered: 10/22/2008)
10/23/2008574 OPINION AND ORDER Re: Plaintiff's Motion for Treble Damages; Motion for Exceptional Case Attorney Fees. For these reasons, and in the exercise of my discretion, I decline to enhance damages. Plaintiffs' motion 514 is DENIED. This same basic analysis applies to plaintiffs' request that I find this case exceptional, and award attorney fees. Therefore, plaintiffs' motion 519 is also DENIED. Signed on 10/22/08 by Judge Michael W. Mosman. (dls) (Entered: 10/23/2008)
10/23/2008575 Scheduling Order by Michael W. Mosman. Permanent Injunction Hearing is set for 10/28/2008 at 03:00PM in Portland before Judge Michael W. Mosman. Ordered by Judge Michael W. Mosman. (dls) (Entered: 10/23/2008)
10/24/2008576  Motion to File Declaration in Opposition to Motion for Permanent Injunction. Filed by Arthrex, Incorporated. (Attachments: # 1 Exhibit A) (Tedesco, Elizabeth) (Entered: 10/24/2008)
10/28/2008577 ORDER: GRANTING Motion to File Declaration in Opposition to Motion for Permanent Injunction 576 . Ordered by Judge Michael W. Mosman. (dls) (Entered: 10/28/2008)
10/28/2008578  Declaration of Dr. Jonathan Greenleaf in Support of Arthrex's Opposition to Plaintiffs' Motion for Permanent Injunction. Filed by Arthrex, Incorporated. (Related document(s): Response to Motion 543 .) (Tedesco, Elizabeth) (Entered: 10/28/2008)
10/28/2008579 MINUTES of Proceedings: Permanent Injunction Hearing held. Order GRANTING Plaintiff's Motion for Permanent Injunction (#513). Plaintiff's counsel is to submit the order without the recall of literature language, effective 60 days from the entry of judgment. Plaintiff's counsel to prepare the order of judgment. The parties are to meet and confer prior to submission of the Judgment and Permanent Injunction order. Order DENYING the Motion to Stay (#502), pending an appeal or reexamination. John Skenyon, Mark Hebert, and Brenna Legaard present as counsel for plaintiff(s). Steven Susser, Peter Heuser, and Anthony Cho present as counsel for defendant(s). Court Reporter: Bonita Shumway. Michael W. Mosman presiding. (dls) (Entered: 10/28/2008)
10/31/2008580  Proposed Form of Order Submitted PLAINTIFFS' SUBMISSION OF PROPOSED FORM OF JUDGMENT AND ORDER OF PERMANENT INJUNCTION. Filed by all plaintiffs. (Attachments: # 1 EXHIBIT A# 2 EXHIBIT B# 3 EXHIBIT C# 4 EXHIBIT D# 5 EXHIBIT E# 6 EXHIBIT F# 7 EXHIBIT G) (Legaard, Brenna) (Entered: 10/31/2008)
11/05/2008581  Notice of Objection to Proposed Order of Permanent Injunction.Filed by Arthrex, Incorporated. (Attachments: # 1 Exhibit A# 2 Exhibit B) (Tedesco, Elizabeth) (Entered: 11/05/2008)
11/05/2008582  Notice of Objection to Proposed Judgment.Filed by Arthrex, Incorporated. (Attachments: # 1 Exhibit A# 2 Exhibit B) (Tedesco, Elizabeth) (Entered: 11/05/2008)
11/05/2008583  Motion for Clarification Arthrex, Inc.'s Motion for Clarification of Permanent Injunction Ruling and Emergency Motion for Stay of Permanent Injunction Pending Appeal. Filed by Arthrex, Incorporated. (Tedesco, Elizabeth) (Entered: 11/05/2008)
11/05/2008584  Declaration of Steven Susser. Filed by Arthrex, Incorporated. (Related document(s): Motion for Clarification 583 .) (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit E# 5 Exhibit F# 6 Exhibit G# 7 Exhibit H# 8 Exhibit I# 9 Exhibit J) (Tedesco, Elizabeth) (Entered: 11/05/2008)
11/05/2008587  Exhibit D to Declaration of Mr. William Benavitz In Support of Arthrex's Opposition To Plaintiffs' Motion for Permanent Injunction 545 . FILED UNDER SEAL. Filed by Arthrex, Incorporated. (cib) Additional attachment(s) added on 11/7/2008 (Brost, Colleen). (Entered: 11/07/2008)
11/05/2008588 Memorandum in Support Of Arthrex, Inc.'s Motion For Clarification. FILED UNDER SEAL. Filed by Arthrex, Incorporated. (Related document(s): Motion for Clarification 583 .) (cib) Additional attachment(s) added on 11/7/2008 (Brost, Colleen). (Entered: 11/07/2008)
11/06/2008585  Response to Objections PLAINTIFFS' RESPONSE TO ARTHREX'S OBJECTIONS TO PROPOSED JUDGMENT AND ORDER OF PERMANENT INJUNCTION, AND SUBMISSION OF REVISED ORDER OF PERMANENT INJUNCTION. Filed by Smith & Nephew Incorporated, John O. Hayhurst. (Attachments: # 1 Exhibit A# 2 Exhibit B) (Legaard, Brenna) (Entered: 11/06/2008)
11/06/2008586  Notice re Notice 582 Arthrex's Reply Regarding its Objections to Proposed Judgment and Permanent Injunction Order.Filed by Arthrex, Incorporated. (Related document(s): Notice 582 .) (Tedesco, Elizabeth) (Entered: 11/06/2008)
11/07/2008589 Emergency Motion PLAINTIFFS' EMERGENCY MOTION REQUESTING THE COURT TO ORDER ARTHREX TO NOT ATTEMPT TO EVADE THE INJUNCTION BY FLOODING THE MARKET WITH INFRINGING SUTURE ANCHORS. Filed by all plaintiffs. (Legaard, Brenna) (Entered: 11/07/2008)
11/07/2008590  Declaration of JESSE DEISTER IN SUPPORT OF PLAINTIFFS' EMERGENCY MOTION REQUESTING THE COURT TO ORDER ARTHREX TO NOT ATTEMPT TO EVADE THE INJUNCTION BY FLOODING THE MARKET WITH INFRINGING SUTURE ANCHORS. Filed by all plaintiffs. (Related document(s): Motion 589 .) (Legaard, Brenna) (Entered: 11/07/2008)
11/10/2008591  Response in Opposition to Emergency Motion PLAINTIFFS' EMERGENCY MOTION REQUESTING THE COURT TO ORDER ARTHREX TO NOT ATTEMPT TO EVADE THE INJUNCTION BY FLOODING THE MARKET WITH INFRINGING SUTURE ANCHORS 589 . Filed by Arthrex, Incorporated. (Tedesco, Elizabeth) (Entered: 11/10/2008)
11/10/2008592  Declaration of Travis Hall. Filed by Arthrex, Incorporated. (Related document(s): Response in Opposition to Motion, 591 .) (Tedesco, Elizabeth) (Entered: 11/10/2008)
11/10/2008593 Scheduling Order by Michael W. Mosman. Reply is due by 11/12/2008, for the Emergency Motion. Ordered by Judge Michael W. Mosman. (dls) (Entered: 11/10/2008)
11/12/2008594  Reply PLAINTIFFS' REPLY to Emergency Motion PLAINTIFFS' EMERGENCY MOTION REQUESTING THE COURT TO ORDER ARTHREX TO NOT ATTEMPT TO EVADE THE INJUNCTION BY FLOODING THE MARKET WITH INFRINGING SUTURE ANCHORS 589 . Filed by all plaintiffs. (Legaard, Brenna) (Entered: 11/12/2008)
11/13/2008601 Motion for Leave To File Surreply In Response To Arthrex's Reply Re Its Objections To Proposed Judgment and Permanent Injunction Order. FILED UNDER SEAL. Filed by all plaintiffs. (cib) Additional attachment(s) added on 11/24/2008 (Brost, Colleen). Additional attachment(s) added on 11/24/2008 (Brost, Colleen). (Entered: 11/24/2008)
11/17/2008595  Declaration of JOHN MAHONEY IN SUPPORT OF PLAINTIFFS' OPPOSITION TO ARTHREX'S MOTION FOR CLARIFICATION AND TO STAY. Filed by all plaintiffs. (Legaard, Brenna) (Entered: 11/17/2008)
11/17/2008596  Declaration of BRENNA K. LEGAARD IN SUPPORT OF PLAINTIFFS' OPPOSITION TO ARTHREX'S MOTION FOR CLARIFICATION AND MOTION TO STAY. Filed by all plaintiffs. (Attachments: # 1 EXHIBIT 1# 2 EXHIBIT 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5) (Legaard, Brenna) (Entered: 11/17/2008)
11/17/2008599 Transcript of Permanent Injunction Hearing held on 10/28/08 before Judge Michael W. Mosman. Court Reporter: Bonita Shumway.. (mkk) (Entered: 11/20/2008)
11/17/2008602 Declaration of Richard B. Troxel Regarding The Percentage Of Arthrex's Sales That Are Sturetak Anchors. FILED UNDER SEAL. Filed by all plaintiffs. (cib) Additional attachment(s) added on 11/24/2008 (Brost, Colleen). (Entered: 11/24/2008)
11/17/2008603 Response to Motion for Clarification Arthrex, Inc.'s Motion for Clarification of Permanent Injunction Ruling and Emergency Motion for Stay of Permanent Injunction Pending Appeal 583 . FILED UNDER SEAL. Filed by all plaintiffs. (cib) Additional attachment(s) added on 11/24/2008 (Brost, Colleen). (Entered: 11/24/2008)
11/19/2008597 Order of Permanent Injunction. See order for full text. Signed on 11/19/08 by Judge Michael W. Mosman. (dls) (Entered: 11/19/2008)
11/19/2008598 Judgment. IT IS HEREBY ORDERED AND ADJUDGED that judgment be and is hereby entered in favor of the plaintiffs, Smith & Nephew, Inc. and John O. Hayhurst. M.D., and against the defendant, Arthrex, Inc., that: Arthrex indirectly infringes claims 1,2,3,4,5,6 and 7 of U.S. Patent No. 5,601,557 ("the ' 557 patent") by selling or marketing its Bio-SutureTak anchors; that Arthrex indirectly infringes claims 1, 2, 3, 4. 5, 6 and 7 of the ' 557 patent by selling or marketing its PEEK SutureTak anchors; that Arthrex indirectly infringes claims 1, 2, 3, 4, 5, 6 and 7 of the '557 patent by selling or marketing its PEEK PushLock anchors; that Arthrex indirectly infringesclaims 1,2,3,4,5,6 and 7 of the '557 patent by selling or marketing its Bio-Pushlock anchors; that Arthrex's indirect infringement of the '557 patent is willful; that based on the sales information presented at trial, the court enters judgment in favor of the plaintiffs and against defendants in the amount of$4,788,014.00 for lost profits damages and $9, 907,844.00 for reasonable royalty damages, and the reasonable royalty rate is 16%; that plaintiffs are awarded prejudgment interest for the period up to July 31,2008 in the amount of $1,507.309, further interest to be calculated; and that plaintiffs are awarded supplemental damages in an amount to be determined. Signed on 11/19/08 by Judge Michael W. Mosman. (dls) (Entered: 11/19/2008)
11/21/2008600 ORDER: DENYING Emergency Motion PLAINTIFFS' EMERGENCY MOTION REQUESTING THE COURT TO ORDER ARTHREX TO NOT ATTEMPT TO EVADE THE INJUNCTION BY FLOODING THE MARKET WITH INFRINGING SUTURE ANCHORS 589 . Ordered by Judge Michael W. Mosman. (dls) (Entered: 11/21/2008)
11/24/2008604 ORDER: DENYING AS MOOT Motion for Leave To File Surreply In Response To Arthrex's Reply Re Its Objections To Proposed Judgment and Permanent Injunction Order 601 . Ordered by Judge Michael W. Mosman. (dls) (Entered: 11/24/2008)
11/24/2008605  Motion to Approve Form and Amount of Supersedeas Bond, and to Stay Execution Pending Resolution of All Appeals (Expedited Consideration Requested). Filed by Arthrex, Incorporated. (Tedesco, Elizabeth) (Entered: 11/24/2008)
11/24/2008606  Memorandum in Support of Motion to Approve Form and Amount of Supersedeas Bond, and to Stay Execution Pending Resolution of All Appeals. Filed by Arthrex, Incorporated. (Related document(s): Motion 605 .) (Attachments: # 1 Exhibit A) (Tedesco, Elizabeth) (Entered: 11/24/2008)
11/25/2008607 Record of Order by Michael W. Mosman. Order GRANTING a brief stay of the execution of the judgment, in order to consider the Motion to Approve Form and Amount of Supersedeas Bond, and to Stay Execution Pending Resolution of All Appeals (Expedited Consideration Requested)(#605). Response is due by 11/26/2008. Reply is due by 12/1/2008. Ordered by Judge Michael W. Mosman. (dls) (Entered: 11/25/2008)
11/26/2008608  Motion to Amend/Correct PLAINTIFFS' MOTION TO AMEND THE JUDGMENT TO AWARD ADDITIONAL DAMAGES THROUGH OCTOBER 31, 2008. Filed by all plaintiffs. (Attachments: # 1 Proposed Form of Amended Judgment) (Legaard, Brenna) (Entered: 11/26/2008)
11/26/2008614 Declaration of Richard B. Troxel Re Supplemental Damages On Arthrex's Sales Through October 31, 2008 and Estimated Damages Through January 18, 2009. FILED UNDER SEAL. Filed by all plaintiffs. (cib) Additional attachment(s) added on 12/2/2008 (Brost, Colleen). (Entered: 12/02/2008)
11/26/2008615 Declaration of Brenna Legaard In Support of Plaintiffs' Combined Memorandum (1)In Response To Arthrex's Motion To Approve Form and Amount Of Supersedeas Bond, and (2) In Support of Plaintiffs' Motion To Amend The Judgment. FILED UNDER SEAL. Filed by all plaintiffs. (cib) Additional attachment(s) added on 12/2/2008 (Brost, Colleen). (Entered: 12/02/2008)
11/26/2008616 Combined Memorandum (1) In Response to Motion to Approve Form and Amount of Supersedeas Bond, and to Stay Execution Pending Resolution of All Appeals (Expedited Consideration Requested) 605 , Motion to Amend/Correct PLAINTIFFS' MOTION TO AMEND THE JUDGMENT TO AWARD ADDITIONAL DAMAGES THROUGH OCTOBER 31, 2008 608 . FILED UNDER SEAL. Filed by all plaintiffs. (cib) Additional attachment(s) added on 12/2/2008 (Brost, Colleen). (Entered: 12/02/2008)
11/28/2008609  Declaration of Steven Susser in Support of Reply Brief in Support of Arthrex, Inc.'s Motion for Clarification of Permanent Injunction Ruling and Emergency Motion for Stay of Permanent Injunction Pending Appeal. Filed by Arthrex, Incorporated. (Attachments: # 1 Exhibit K# 2 Exhibit L# 3 Exhibit M) (Tedesco, Elizabeth) (Entered: 11/28/2008)
11/28/2008612 Declaration of Mr. William Benavitz In Support of Arthrex's Motion For Stay Pending Appeal. FILED UNDER SEAL. Filed by Arthrex, Incorporated. (Related document(s): Motion for Clarification 583 .) (cib) Additional attachment(s) added on 12/2/2008 (Brost, Colleen). (Entered: 12/02/2008)
11/28/2008613 Reply Brief In Support Of Arthrex', Inc.'s Motion For Clarification. FILED UNDER SEAL. Filed by Arthrex, Incorporated. (Related document(s): Motion for Clarification 583 .) (cib) Additional attachment(s) added on 12/2/2008 (Brost, Colleen). (Entered: 12/02/2008)
12/01/2008610  (STRICKEN) Notice of Appeal.Filed by Arthrex, Incorporated. (Tedesco, Elizabeth). (SEE ADMINISTRATIVE CORRECTION OF THE RECORD FILED 12/8/08) (tomg). (Entered: 12/01/2008)
12/01/2008611  Reply in Support of Arthrex's to Motion to Approve Form and Amount of Supersedeas Bond, and to Stay Execution Pending Resolution of All Appeals (Expedited Consideration Requested) 605 . Filed by Arthrex, Incorporated. (Tedesco, Elizabeth) (Entered: 12/01/2008)
12/01/2008627 Declaration of Mr. William Benavitz In Support of Arthrex's Motion For Stay Pending Appeal. FILED UNDER SEAL. Filed by all plaintiffs. (Related document(s): Motion 605 .) (cib) Additional attachment(s) added on 12/3/2008 (Brost, Colleen). (Entered: 12/03/2008)
12/01/2008628 Declaration of Brenna K. Legaard RE Original Signature on 11/25/08 Declaration of Richard D. Troxel Re Supplemental Damages On Arthrex's Sales(FILED UNDER SEAL ON NOVEMBER 26, 2008). FILED UNDER SEAL. Filed by all plaintiffs. (cib) Additional attachment(s) added on 12/3/2008 (Brost, Colleen). (Entered: 12/03/2008)
12/01/2008630 Notice of Appeal to USCA For The Federal Circuit. Filed by Arthrex, Incorporated. (tomg) (Entered: 12/08/2008)
12/01/2008 USCA Appeal Fees re Notice of Appeal 630 : Received Fee in amount of $ 455.00. Receipt number 24248 issued. (tomg) (Entered: 01/26/2009)
12/02/2008617 Record of Order by Michael W. Mosman. Defendant's Response to plaintiff's Request to Amended the Judgment is due by 12/9/2008. Ordered by Judge Michael W. Mosman. (dls) (Entered: 12/02/2008)
12/02/2008618  Notice of Entry of Appearance of Megan S. Woodworth in Federal Circuit.Filed by Arthrex, Incorporated. (Tedesco, Elizabeth) (Entered: 12/02/2008)
12/02/2008619  Notice of Entry of Appearance of Charles W. Saber in Federal Circuit.Filed by Arthrex, Incorporated. (Tedesco, Elizabeth) (Entered: 12/02/2008)
12/02/2008620  Notice of Entry of Appearance of Stephen A. Soffen in Federal Circuit.Filed by Arthrex, Incorporated. (Tedesco, Elizabeth) (Entered: 12/02/2008)
12/02/2008621  Notice of Entry of Appearance of Salvatore Tamburo in Federal Circuit.Filed by Arthrex, Incorporated. (Tedesco, Elizabeth) (Entered: 12/02/2008)
12/03/2008622 STATEMENT OF REASONS SUPPORTING PERMANENT INJUNCTION. See order for full text. Signed on 12/3/08 by Judge Michael W. Mosman. (dls) (Entered: 12/03/2008)
12/03/2008623 ORDER: Motion for Clarification of Permanent Injunction Ruling 583 is GRANTED. See Statement of Reasons Supporting Permanent Injunction (#622), filed this date. Emergency Motion for Stay of Permanent Injunction Pending Appeal is DENIED. Ordered by Judge Michael W. Mosman. (dls) (Entered: 12/03/2008)
12/03/2008624  Bill of Costs. Filed by all plaintiffs. (Legaard, Brenna) (Entered: 12/03/2008)
12/03/2008625  Memorandum in Support of Plaintiffs' Bill of Costs. Filed by all plaintiffs. (Related document(s): Bill of Costs 624 .) (Legaard, Brenna) (Entered: 12/03/2008)
12/03/2008626  Declaration of MARK J. HEBERT IN SUPPORT OF PLAINTIFFS' BILL OF COSTS. Filed by all plaintiffs. (Related document(s): Bill of Costs 624 .) (Attachments: # 1 EXHIBIT A# 2 EXHIBIT B# 3 EXHIBIT C# 4 EXHIBIT D# 5 EXHIBIT E) (Legaard, Brenna) (Entered: 12/03/2008)
12/08/2008629 ADMINISTRATIVE CORRECTION OF THE RECORD regarding Notice of Appeal 610 filed by Arthrex, Incorporated on 12/1/08. A Clerical error of the following kind has been discovered in the case record: The Notice of Appeal was filed as a generic Notice. Because of that, an appeal schedule was not set up in ECF. In accordance with Fed. R. Civ. P. 60(a), the Clerk is directed to make the following administrative corrections to the record and to notify all parties accordingly: Strike the Notice of Appeal that was filed as a generic Notice, and re-post the document using the correct Notice of Appeal event. (tomg) (Entered: 12/08/2008)
12/08/2008631 Scheduling Order by Michael W. Mosman. Response is due by 12/12/2008, for the Bill of Costs (#624). Ordered by Judge Michael W. Mosman. (dls) (Entered: 12/08/2008)
12/09/2008632  Declaration of Steven Susser in Support of Memorandum in Opposition to Smith & Nephew's Motion to Amend the Judgment. Filed by Arthrex, Incorporated. (Related document(s): Motion to Amend/Correct 608 .) (Attachments: # 1 Exhibit B# 2 Exhibit C# 3 Exhibit D) (Tedesco, Elizabeth) (Entered: 12/09/2008)
12/09/2008633 Memorandum in Opposition to Motion to Amend/Correct PLAINTIFFS' MOTION TO AMEND THE JUDGMENT TO AWARD ADDITIONAL DAMAGES THROUGH OCTOBER 31, 2008 608 . FILED UNDER SEAL. Filed by Arthrex, Incorporated. (cib) Additional attachment(s) added on 12/11/2008 (Brost, Colleen). (Entered: 12/11/2008)
12/12/2008634 Scheduling Order by Michael W. Mosman. Oral Argument is set for 12/17/2008 at 02:00PM in Telephone before Judge Michael W. Mosman, for the Motion to Approve Form and Amount of Supersedeas Bond, and to Stay Execution Pending Resolution of All Appeals (Expedited Consideration Requested) (#605). Ordered by Judge Michael W. Mosman. (dls) (Entered: 12/12/2008)
12/12/2008635  Objections of Arthrex Inc. to Plaintiffs' to Bill of Costs 624 . Filed by Arthrex, Incorporated. (Tedesco, Elizabeth) (Entered: 12/12/2008)
12/15/2008636  Reply PLAINTIFFS' REPLY MEMORANDUM IN SUPPORT OF THEIR MOTION TO AMEND THE JUDGMENT. Filed by all plaintiffs. (Legaard, Brenna) (Entered: 12/15/2008)
12/15/2008637  Reply PLAINTIFFS' REPLY MEMORANDUM IN SUPPORT OF THEIR BILL OF COSTS. Filed by all plaintiffs. (Attachments: # 1 EXHIBIT A, # 2 EXHIBIT B, # 3 EXHIBIT C) (Legaard, Brenna) (Entered: 12/15/2008)
12/16/2008638  Transcript Designation and Order Form. Filed by Arthrex, Incorporated. (Tedesco, Elizabeth) (Entered: 12/16/2008)
12/16/2008639 Record of Order by Judge Michael W. Mosman regarding Motion to Approve Form and Amount of Supersedeas Bond, and to Stay Execution Pending Resolution of All Appeals (Expedited Consideration Requested) 605 . Order provisionally GRANTING the STAY of the Judgment, until such time the hearing in January, 2009. RESETTING Oral Argument FROM 12/17/08 at 2:00PM, SET FOR 1/6/2009 at 02:00PM in Telephone before Judge Michael W. Mosman. Ordered by Judge Michael W. Mosman. (dls) (Entered: 12/16/2008)
12/18/2008640 Transcript of Proceedings held on 12/21/06 Telephone Status Conference before Judge Michael W. Mosman. Court Reporter: Bonita J. Shumway.. (cib) (Entered: 12/18/2008)
12/18/2008641 Transcript of Proceedings held on 6/8/07 Trial Day 4 Morning Session before Judge Michael W. Mosman. Court Reporter: Bonita J. Shumway.. (cib) (Entered: 12/18/2008)
12/18/2008642 Transcript of Proceedings held on 6/11/07 Trial Day 5 Morning Session before Judge Michael W. Mosman. Court Reporter: Bonita J. Shumway.. (cib) (Entered: 12/18/2008)
12/18/2008643 Transcript of Proceedings held on 6/13/07 Trial Day 7 before Judge Michael W. Mosman. Court Reporter: Bonita J. Shumway.. (cib) (Entered: 12/18/2008)
12/18/2008644 Transcript of Proceedings held on 6/14/07 Trial Day 8 before Judge Michael W. Mosman. Court Reporter: Bonita J. Shumway.. (cib) (Entered: 12/18/2008)
12/18/2008645 Transcript of Proceedings held on 12/19/07 Telephone Status Conference before Judge Michael W. Mosman. Court Reporter: Bonita J. Shumway.. (cib) (Entered: 12/18/2008)
12/18/2008646 Transcript of Proceedings held on 6/5/07 Trial Day 1 Afternoon Session before Judge Michael W. Mosman. Court Reporter: Bonita J. Shumway.. (cib) (Entered: 12/18/2008)
12/18/2008647 Transcript of Proceedings held on 6/6/07 Trial Day 2 Afternoon Session before Judge Michael W. Mosman. Court Reporter: Bonita J. Shumway.. (cib) (Entered: 12/18/2008)
12/18/2008648 Transcript of Proceedings held on 6/5/07 Trial-Day 3 Afternoon Session before Judge Michael W. Mosman. Court Reporter: Bonita J. Shumway.. (cib) (Entered: 12/18/2008)
12/18/2008649 Transcript of Proceedings held on 5/19/08 Pretrial Conference before Judge Michael W. Mosman. Court Reporter: Bonita J. Shumway.. (cib) (Entered: 12/18/2008)
12/18/2008650 Transcript of Proceedings held on 5/29/08 Daubert Hearing- Pretrial Conference before Judge Michael W. Mosman. Court Reporter: Bonita J. Shumway.. (cib) (Entered: 12/18/2008)
12/18/2008651 Transcript of Proceedings held on 6/3/08 Trial- Day 1 Afternoon Session before Judge Michael W. Mosman. Court Reporter: Bonita J. Shumway.. (cib) (Entered: 12/18/2008)
12/18/2008652 Transcript of Proceedings held on 6/4/08 Trial-Day 2 Morning Session before Judge Michael W. Mosman. Court Reporter: Bonita J. Shumway.. (cib) (Entered: 12/18/2008)
12/18/2008653 Transcript of Proceedings held on 6/9/08 Trial-Day 5 Morning Session before Judge Michael W. Mosman. Court Reporter: Bonita J. Shumway.. (cib) (Entered: 12/18/2008)
12/18/2008654 Transcript of Proceedings held on 6/10/08 Trial Day 6 Morning Session before Judge Michael W. Mosman. Court Reporter: Bonita J. Shumway.. (cib) (Entered: 12/18/2008)
12/18/2008655 Transcript of Proceedings held on 6/11/08 Trial Day 7 before Judge Michael W. Mosman. Court Reporter: Bonita J. Shumway.. (cib) (Entered: 12/18/2008)
12/18/2008656 Transcript of Proceedings held on 6/5/07 Trial- Day 1. Morning Session. before Judge Michael W. Mosman. Court Reporter: Nancy Walker.. (cib) (Entered: 12/29/2008)
12/18/2008657 Transcript of Proceedings held on 6/6/07 Trial- Day 2. Morning Session before Judge Michael W. Mosman. Court Reporter: Nancy Walker. (cib) (Entered: 12/29/2008)
12/18/2008658 Transcript of Proceedings held on 6/7/07 Trial- Day 3 Morning Session before Judge Michael W. Mosman. Court Reporter: Nancy Walker.. (cib) (Entered: 12/29/2008)
12/18/2008659 Transcript of Proceedings held on 6/8/07 Trial -Day 4 Afternoon Session before Judge Michael W. Mosman. Court Reporter: Nancy Walker.. (cib) (Entered: 12/30/2008)
12/18/2008660 Transcript of Proceedings held on 6/11/07 Trial- Day 5 Afternoon Session before Judge Michael W. Mosman. Court Reporter: Nancy Walker.. (cib) (Entered: 12/30/2008)
12/18/2008661 Transcript of Proceedings held on 6/12/07 Trial-Day 6 Afternoon Session before Judge Michael W. Mosman. Court Reporter: Nancy Walker.. (cib) (Entered: 12/30/2008)
12/18/2008662 Transcript of Proceedings held on 6/3/08 Trial- Day 1 Morning Session before Judge Michael W. Mosman. Court Reporter: Nancy Walker.. (cib) (Entered: 12/30/2008)
12/18/2008663 Transcript of Proceedings held on 6/4/08 Trial- Day 2 Afternoon Session before Judge Michael W. Mosman. Court Reporter: Nancy Walker.. (cib) (Entered: 12/30/2008)
12/18/2008664 Transcript of Proceedings held on 6/5/08 Trial- Day 3 Morning Session before Judge Michael W. Mosman. Court Reporter: Nancy Walker.. (cib) (Entered: 12/30/2008)
12/18/2008665 Transcript of Proceedings held on 6/6/08 Trial -Day 4 Afternoon Session before Judge Michael W. Mosman. Court Reporter: Nancy Walker.. (cib) (Entered: 12/30/2008)
12/18/2008666 Transcript of Proceedings held on 6/10/08 Trial- Day 6 Afternoon Session before Judge Michael W. Mosman. Court Reporter: Nancy Walker.. (cib) (Entered: 12/30/2008)
12/18/2008667 Transcript of Proceedings held on 6/7/07 Trial Day 3 Afternoon Session(Includes Sealed Testimony) before Judge Michael W. Mosman. Court Reporter: Bonita J. Shumway. FILED UNDER SEAL. (cib) Modified on 12/30/2008 (cib). (Entered: 12/30/2008)
12/18/2008668 Transcript of Proceedings held on 6/12/07 Trial Day 6 Morning Session before Judge Michael W. Mosman. Court Reporter: Bonita J. Shumway. FILED UNDER SEAL. (cib) (Entered: 12/30/2008)
12/18/2008669 Transcript of Proceedings held on 6/6/08 Trial Day 4 Morning Session(Includes Sealed Testimony) before Judge Michael W. Mosman. Court Reporter: Bonita J. Shumway. FILED UNDER SEAL. (cib) (Entered: 12/30/2008)
12/18/2008670 Transcript of Proceedings held on 6/9/08 Trial Day 5 Afternoon Session(Includes Sealed Testimony) before Judge Michael W. Mosman. Court Reporter: Nancy Walker. FILED UNDER SEAL. (cib) (Entered: 12/30/2008)
12/30/2008 Notification of Appeal 630 sent to USCA for the Federal Circuit and to counsel along with a copy of the docket sheet. (tomg) (Entered: 12/30/2008)
01/05/2009671 OPINION AND ORDER: IT IS HEREBY ORDERED that plaintiffs are entitled to an award of costs, exclusive of attorney fees, in the amount of $161,609.62, 624 . Signed on 1/5/09 by Judge Michael W. Mosman. (dls) (Entered: 01/05/2009)
01/06/2009672 MINUTES of Proceedings: Motion Hearing Held - ORDER that the Motion to Approve Form and Amount of Supersedeas Bond, and to Stay Execution Pending Resolution of All Appeals (#605) is GRANTED IN PART. ORDER that the Defendant is required to submit revised form and amount. ORDER regarding Motion to Amend/Correct Plaintiff's Motion to Amend the Judgment to Award Additional Damages through October 31, 2008 (#608) is as stated on the Record. Attorneys John Skenyon, Mark Hebert and Brenna Legaard present as counsel for plaintiff(s). Attorneys Steven Susser, Anthony Cho and Elizabeth Tedesco present as counsel for defendant(s). Court Reporter: Bonita Shumway. Judge Michael W. Mosman presiding. (lmb) (Entered: 01/07/2009)
01/12/2009673 Transcript of Proceedings held on 1/6/09 before Judge Michael W. Mosman. Court Reporter: Bonita J. Shumway. (cib) (Entered: 01/13/2009)
01/16/2009674 Transcript of Proceedings held on 10/2/06 Telephone Status Conference before Judge Michael W. Mosman. Court Reporter: Bonita J. Shumway.. (cib) (Entered: 01/20/2009)
01/16/2009675 Transcript of Proceedings held on 9/6/07 Telephone Status Conference before Judge Michael W. Mosman. Court Reporter: Bonita J. Shumway.. (cib) (Entered: 01/20/2009)
01/20/2009676  Stipulation regarding Proposed Amended Judgment by all parties. Filed by all parties. (Attachments: # 1 Appendix A) (Tedesco, Elizabeth) (Entered: 01/20/2009)
01/21/2009678 Amended Judgment. Signed on 1/21/09 by Judge Michael W. Mosman. (cib) (Entered: 01/22/2009)
01/22/2009677 Supersedeas Bond in the amount of 22,560,320 posted. Filed by Arthrex, Incorporated. (cib) (Entered: 01/22/2009)
01/22/2009679 Notice of Cross-Appeal to the United States Court of Appeals For The Federal Circuit from Judgment 678 entered 1/22/09, and from orders of January 6, 2009, October 22, 2008, and others. Filing fee in amount of $455.00 collected; Receipt No. 24981 issued. Filed by Smith & Nephew Incorporated, John O. Hayhurst. (tomg) (Entered: 01/23/2009)
01/23/2009 Notification of Appeal 679 sent to USCA for the Federal Circuit and to counsel along with a copy of the docket sheet. (tomg) (Entered: 01/23/2009)
02/09/2009680  Stipulation and [Proposed] Order Staying Execution of Amended Judgment Pending Appeal by all parties. Filed by all parties. (Tedesco, Elizabeth) (Entered: 02/09/2009)
02/19/2009681 Order Staying Execution of Amended Judgment Pending Appeal. Signed on 2/18/09 by Judge Michael W. Mosman. (dls) (Entered: 02/19/2009)