Zimmer Inc v. Howmedica Osteonics
Federal Civil Lawsuit Indiana Northern District Court, Case No. 3:02-cv-00425

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Legal Document (Payment Possibly Required) 735 Filed: 8/14/2009, Entered: None Court Filing
ORDER AND OPINION: On the basis of the foregoing Howmedica's motion for sanctins is hereby GRANTED. Zimmer is hereby ORDERED as a sanction for litigaiton misconduct to reimburse Howmedica for the fees and costs associated with Zimmer's misconduct. Signed by Judge William C Lee on 8/14/09. (sdf) (Entered: 08/14/2009)
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    Legal Document (Payment Possibly Required) 734 Filed: 7/16/2009, Entered: None Court Filing
    TELEPHONE STATUS CONFERENCE held on 7/16/2009 before Judge William C Lee.; Pla appeared by atty David Callahan, John LaDue. Dft appeared by atty Gregory Vogler, Eligio Pimentel. Counsel are to file written reports re status of discovery and any other matters that could effect setting a trial date in this case, or any further motions, no later than 9/1/09; after the court has reviewd the reports/motions, this case will be set for a further telephone status/sched conf. (Tape #Port. System CD R.) (lrm) (Entered: 07/16/2009)
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      Legal Document (Payment Possibly Required) 733 Filed: 6/26/2009, Entered: None Court Filing
      NOTICE of Hearing: Telephonic Status Conference is set for Thursday, 7/16/2009 10:00 AM Fort Wayne time before Judge William C Lee. The court will intiate the call to counsel(lrm) (Entered: 06/26/2009)
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        Legal Document (Payment Possibly Required) 732 Filed: 6/25/2009, Entered: None Court Filing
        OPINION AND ORDER denying Zimmer's 690 , 695 Motions for Protective Order; granting Howmedica's 693 Motion to Compel. Signed by Judge William C Lee on 6/25/09. (sdf) Modified text on 6/26/2009 (ksc). (Entered: 06/25/2009)
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          Legal Document (Payment Possibly Required) 731 Filed: 6/25/2009, Entered: None Court Filing
          OPINION AND ORDER denying Zimmer's 688 Motion for Reconsideration and Clarification. Signed by Judge William C Lee on 6/25/09. (sdf) (Entered: 06/25/2009)
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            Legal Document (Payment Possibly Required) 730 Filed: 6/25/2009, Entered: None Court Filing
            OPINION AND ORDER denying Howmedica's 682 Motion to Strike Kevin Greig's Errata Sheet. Signed by Judge William C Lee on 6/25/09. (sdf) (Entered: 06/25/2009)
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              Legal Document (Payment Possibly Required) 729 Filed: 6/25/2009, Entered: None Court Filing
              OPINION AND ORDER denying Zimmer's 689 Motion For Clarification. Signed by Judge William C Lee on 6/25/09. (sdf) (Entered: 06/25/2009)
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                Legal Document (Payment Possibly Required) 728 Filed: 4/24/2009, Entered: None
                REPLY to Response to Motion re 684 MOTION for Summary Judgment Partially on the Issue of Patent Ownership-Zimmer, Inc. is not an Owner or Exclusive Licensee to the "313 Patent, 708 Cross MOTION for Partial Summary Judgment on Ownership and Licensing Zimmer's Reply Brief in Opposition to Howmedica's Motion for Partial Summary Judgment on Patent Ownership and in Support of Zimmer's Cross-Motion for Partial Summary Judgment filed by Zimmer Technology Inc, Zimmer Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Liro PHV, Christopher) (Entered: 04/24/2009)
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                  Legal Document (Payment Possibly Required) 727 Filed: 4/17/2009, Entered: None
                  REPORT by Zimmer Technology Inc, Zimmer Inc on Discovery and Motion Practice. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Liro PHV, Christopher) (Entered: 04/17/2009)
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                    Legal Document (Payment Possibly Required) 726 Filed: 4/17/2009, Entered: None
                    REPORT by Howmedica Osteonics Corp of Status Regarding Pending Discovery and Potential Motion Practice. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10)(Vogler PHV, Gregory) (Entered: 04/17/2009)
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                      Legal Document (Payment Possibly Required) 725 Filed: 4/10/2009, Entered: None
                      NOTICE of Change of Address by Christopher R Liro PHV (Liro PHV, Christopher) (Entered: 04/10/2009)
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                        Legal Document (Payment Possibly Required) 724 Filed: 4/6/2009, Entered: None
                        REPLY to Response to Motion re 690 MOTION for Protective Order to Limit Number of Requests for Admission filed by Zimmer Technology Inc, Zimmer Inc. (Attachments: # 1 Exhibit I, # 2 Exhibit J, # 3 Exhibit K, # 4 Exhibit L)(Liro PHV, Christopher) (Entered: 04/06/2009)
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                          Legal Document (Payment Possibly Required) 723 Filed: 4/6/2009, Entered: None
                          REPLY to Response to Motion re 695 MOTION for Protective Order on Document-Specific Logging of Litigation Documents Requested in Howmedica's Requests for Production Nos. 89-100 filed by Zimmer Technology Inc, Zimmer Inc. (Liro PHV, Christopher) (Entered: 04/06/2009)
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                            Legal Document (Payment Possibly Required) 722 Filed: 4/6/2009, Entered: None
                            STATEMENT by Howmedica of Genuinely Disputed Issues of Material Fact in Support of its Opposition to Zimmer's March 19, 2009 Motion for Partial Summary Judgment on Ownership and Licensing of the '313 Patent re 709 Memorandum in Opposition, filed by Howmedica Osteonics Corp. (Vogler PHV, Gregory) (Entered: 04/06/2009)
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                              Legal Document (Payment Possibly Required) 721 Filed: 4/6/2009, Entered: None
                              AFFIDAVIT in Support re 684 MOTION for Summary Judgment Partially on the Issue of Patent Ownership-Zimmer, Inc. is not an Owner or Exclusive Licensee to the "313 Patent and in Opposition to [D.709] Zimmer's Cross-Motion for Summary Judgment by Gregory J. Vogler filed by Howmedica Osteonics Corp. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Vogler PHV, Gregory) (Entered: 04/06/2009)
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                                Legal Document (Payment Possibly Required) 720 Filed: 4/6/2009, Entered: None
                                REPLY to Response to Motion re 684 MOTION for Summary Judgment Partially on the Issue of Patent Ownership-Zimmer, Inc. is not an Owner or Exclusive Licensee to the "313 Patent and in Opposition to 708 Zimmer's Cross-Motion for Summary Judgment filed by Howmedica Osteonics Corp. (Vogler PHV, Gregory) (Entered: 04/06/2009)
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                                  Legal Document (Payment Possibly Required) 719 Filed: 4/6/2009, Entered: None
                                  REPLY to Response to Motion re 693 MOTION to Compel Sanctions-Related Discovery filed by Howmedica Osteonics Corp. (Attachments: # 1 Exhibit 1)(Vogler PHV, Gregory) (Entered: 04/06/2009)
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                                    Legal Document (Payment Possibly Required) 718 Filed: 3/31/2009, Entered: None Court Filing
                                    ORDER by Judge William C Lee on 3/31/09, granting 716 Motion for Leave to File to File Sur-reply to Zimmer's Mot for Reconsideration DE 688 ; Howmedica's SurReply is deemed filed. (lrm) (Entered: 03/31/2009)
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                                      Legal Document (Payment Possibly Required) 717 Filed: 3/31/2009, Entered: None Court Filing
                                      ORDER for Judge William C Lee on 3/31/09, granting 705 Motion for Leave to File Excess Pages; Howmewdica granted leve to file a reply brief exceeding 15 pages. (lrm) (Entered: 03/31/2009)
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                                        Legal Document (Payment Possibly Required) 716 Filed: 3/30/2009, Entered: None
                                        MOTION for Leave to File A Sur-Reply, and Sur-Reply to Zimmer's Motion for Reconsideration and Clarification of the Court's November 25, 2008 Order Granting Howmedica's Motion in Limine No. 3 (Invalidity) (D. 668) by Counter Claimant Howmedica Osteonics Corp, Defendant Howmedica Osteonics Corp. (Vogler PHV, Gregory) (Entered: 03/30/2009)
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                                          Legal Document (Payment Possibly Required) 715 Filed: 3/23/2009, Entered: None
                                          RESPONSE in Opposition re 693 MOTION to Compel Sanctions-Related Discovery filed by Zimmer Technology Inc, Zimmer Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O)(Liro PHV, Christopher) (Entered: 03/23/2009)
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                                            Legal Document (Payment Possibly Required) 714 Filed: 3/23/2009, Entered: None
                                            REPLY to Response to Motion re 688 MOTION for Reconsideration re 668 Order on Motion in Limine Zimmer's Motion for Reconsideration and Clarification of the Court's November 25, 2008 Order Granting Howmedica's Motion in Limine No. 3 (Invalidity) MOTION for Reconsideration re 668 Order on Motion in Limine Zimmer's Motion for Reconsideration and Clarification of the Court's November 25, 2008 Order Granting Howmedica's Motion in Limine No. 3 (Invalidity) filed by Zimmer Technology Inc, Zimmer Inc. (Liro PHV, Christopher) (Entered: 03/23/2009)
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                                              Legal Document (Payment Possibly Required) 713 Filed: 3/23/2009, Entered: None
                                              REPLY to Response to Motion re 689 MOTION Clarify the Court's Grant of Howmedica's Motion in Limine No. 2 (Phase 2 - Infringement) re 670 Order on Motion in Limine MOTION Clarify the Court's Grant of Howmedica's Motion in Limine No. 2 (Phase 2 - Infringement) re 670 Order on Motion in Limine Reply in Support filed by Zimmer Technology Inc, Zimmer Inc. (Liro PHV, Christopher) (Entered: 03/23/2009)
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                                                Legal Document (Payment Possibly Required) 712 Filed: 3/23/2009, Entered: None
                                                RESPONSE in Opposition re 695 MOTION for Protective Order on Document-Specific Logging of Litigation Documents Requested in Howmedica's Requests for Production Nos. 89-100 filed by Howmedica Osteonics Corp. (Vogler PHV, Gregory) (Entered: 03/23/2009)
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                                                  Legal Document (Payment Possibly Required) 711 Filed: 3/23/2009, Entered: None
                                                  RESPONSE in Opposition re 690 MOTION for Protective Order to Limit Number of Requests for Admission filed by Howmedica Osteonics Corp. (Vogler PHV, Gregory) (Entered: 03/23/2009)
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                                                    Legal Document (Payment Possibly Required) 710 Filed: 3/19/2009, Entered: None
                                                    AFFIDAVIT re 709 Memorandum in Opposition, Declaration of Christopher R. Liro in Support of Zimmer's Opposition to Howmedica's Motion for Partial Summary Judgment on Patent Ownership and Zimmer's Cross-Motion for Partial Summary Judgment by Zimmer Technology Inc, Zimmer Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 9, Part 2, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17)(Liro PHV, Christopher) (Entered: 03/19/2009)
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                                                      Legal Document (Payment Possibly Required) 709 Filed: 3/19/2009, Entered: None
                                                      MEMORANDUM in Opposition to 684 MOTION for Summary Judgment Partially on the Issue of Patent Ownership-Zimmer, Inc. is not an Owner or Exclusive Licensee to the "313 Patent, 708 Cross MOTION for Partial Summary Judgment on Ownership and Licensing filed by Zimmer Technology Inc, Zimmer Inc. (Attachments: # 1 Appendix A - Statement of Genuine Issues, # 2 Appendix B - Statement of Material Facts)(Liro PHV, Christopher) (Entered: 03/19/2009)
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                                                        Legal Document (Payment Possibly Required) 708 Filed: 3/19/2009, Entered: None
                                                        Cross MOTION for Partial Summary Judgment on Ownership and Licensing by Plaintiffs Zimmer Technology Inc, Zimmer Inc, Counter Defendants Zimmer Technology Inc, Zimmer Inc. (Liro PHV, Christopher) (Entered: 03/19/2009)
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                                                          Legal Document (Payment Possibly Required) 707 Filed: 3/19/2009, Entered: None
                                                          REPLY to Response to Motion re 682 MOTION Strike the Deposition Errata Sheet of Zimmer's Rule 30b6 Witness, Kevin Grieg filed by Howmedica Osteonics Corp. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Vogler PHV, Gregory) (Entered: 03/19/2009)
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                                                            Legal Document (Payment Possibly Required) 706 Filed: 3/19/2009, Entered: None
                                                            REPLY to Response to Motion re 641 MOTION for Sanctions Against Zimmer for Bad Faith Litigation Misconduct - Supplemental Reply Brief filed by Howmedica Osteonics Corp. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Vogler PHV, Gregory) (Entered: 03/19/2009)
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                                                              Legal Document (Payment Possibly Required) 705 Filed: 3/19/2009, Entered: None
                                                              MOTION for Leave to File Excess Pages its Reply brief in support of its Motion for Sanctions against Zimmer for Bad Faith Litigation Misconduct by Counter Claimant Howmedica Osteonics Corp, Defendant Howmedica Osteonics Corp. (Vogler PHV, Gregory) (Entered: 03/19/2009)
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                                                                Legal Document (Payment Possibly Required) 704 Filed: 3/18/2009, Entered: None Court Filing
                                                                TELEPHONE CONFERENCE held on 3/18/2009, before Judge William C Lee. Pla appeared by atty David Callahan, John LaDue. Dft appeared by atty Geregory Vogler, Eligio Pimentel. Status Report(s) due by 4/17/2009, advising court as to whether the newly produced discovery will nessessitate further motions. Crt will schedule furter tele status and scheduling conference after reviewing reports. (Tape Port. System CD Q.) (lrm) (Entered: 03/18/2009)
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                                                                  Legal Document (Payment Possibly Required) 703 Filed: 3/9/2009, Entered: None
                                                                  BRIEF in Opposition to 689 MOTION Clarify the Court's Grant of Howmedica's Motion in Limine No. 2 (Phase 2 - Infringement) re 670 Order on Motion in Limine MOTION Clarify the Court's Grant of Howmedica's Motion in Limine No. 2 (Phase 2 - Infringement) re 670 Order on Motion in Limine Comparison of Structures filed by Howmedica Osteonics Corp. (Vogler PHV, Gregory) (Entered: 03/09/2009)
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                                                                    Legal Document (Payment Possibly Required) 702 Filed: 3/9/2009, Entered: None
                                                                    BRIEF in Opposition to 688 MOTION for Reconsideration re 668 Order on Motion in Limine Zimmer's Motion for Reconsideration and Clarification of the Court's November 25, 2008 Order Granting Howmedica's Motion in Limine No. 3 (Invalidity) MOTION for Reconsideration re 668 Order on Motion in Limine Zimmer's Motion for Reconsideration and Clarification of the Court's November 25, 2008 Order Granting Howmedica's Motion in Limine No. 3 (Invalidity) filed by Howmedica Osteonics Corp. (Vogler PHV, Gregory) (Entered: 03/09/2009)
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                                                                      Legal Document (Payment Possibly Required) 701 Filed: 3/9/2009, Entered: None
                                                                      CERTIFICATE Certification of Corrections to Zimmer's Response To Howmedica's Supplemental Brief On Its Motion For Sanctions (D. 699). (Attachments: # 1 Supplement A (additional pages of K. Greig deposition transcript; Ex. 10 to D. 699), # 2 Supplement B (corrected page 11 of D. 699), # 3 Supplement C (corrected page 20 of D. 699), # 4 Supplement D (corrected page 23 of D. 699))(Curran, Timothy) (Entered: 03/09/2009)
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                                                                        Legal Document (Payment Possibly Required) 699 Filed: 3/5/2009, Entered: None
                                                                        RESPONSE to Motion re 641 MOTION for Sanctions Against Zimmer for Bad Faith Litigation Misconduct Response to Howmedica's Supplemental Brief on its Motion for Sanctions D.I. 683 filed by Zimmer Technology Inc, Zimmer Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, Part 1, # 27 Exhibit 26, Part 2, # 28 Exhibit 26, Part 3, # 29 Exhibit 27, # 30 Exhibit 28, # 31 Exhibit 29, # 32 Exhibit 30, # 33 Exhibit 31, # 34 Exhibit 32, # 35 Exhibit 33, # 36 Exhibit 34, # 37 Exhibit 35)(Liro PHV, Christopher) (Entered: 03/05/2009)
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                                                                          Legal Document (Payment Possibly Required) 698 Filed: 3/5/2009, Entered: None
                                                                          MOTION for Leave to File Excess Pages in Zimmer's Response Brief Opposing Howmedica's Supplemental Motion for Sanctions by Plaintiff Zimmer Inc. (LaDue, John) (Entered: 03/05/2009)
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                                                                            Legal Document (Payment Possibly Required) 697 Filed: 3/5/2009, Entered: None
                                                                            BRIEF in Opposition to 682 MOTION Strike the Deposition Errata Sheet of Zimmer's Rule 30b6 Witness, Kevin Grieg filed by Zimmer Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13)(LaDue, John) (Entered: 03/05/2009)
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                                                                              Legal Document (Payment Possibly Required) 696 Filed: 3/5/2009, Entered: None
                                                                              NOTICE by Zimmer Technology Inc, Zimmer Inc re 695 MOTION for Protective Order on Document-Specific Logging of Litigation Documents Requested in Howmedica's Requests for Production Nos. 89-100 Certification in Compliance with Local Rule 37.1 (Liro PHV, Christopher) (Entered: 03/05/2009)
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                                                                                Legal Document (Payment Possibly Required) 695 Filed: 3/5/2009, Entered: None
                                                                                MOTION for Protective Order on Document-Specific Logging of Litigation Documents Requested in Howmedica's Requests for Production Nos. 89-100 by Plaintiffs Zimmer Technology Inc, Zimmer Inc, Counter Defendants Zimmer Technology Inc, Zimmer Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Liro PHV, Christopher) (Entered: 03/05/2009)
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                                                                                  Legal Document (Payment Possibly Required) 694 Filed: 3/5/2009, Entered: None
                                                                                  NOTICE by Howmedica Osteonics Corp re 693 MOTION to Compel Sanctions-Related Discovery Howmedica's Certification in Compliance with Local Rule 37.1 (Vogler PHV, Gregory) (Entered: 03/05/2009)
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                                                                                    Legal Document (Payment Possibly Required) 693 Filed: 3/5/2009, Entered: None Motion to Compel
                                                                                    MOTION to Compel Sanctions-Related Discovery by Counter Claimant Howmedica Osteonics Corp, Defendant Howmedica Osteonics Corp. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V)(Vogler PHV, Gregory) (Entered: 03/05/2009)
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                                                                                      Legal Document (Payment Possibly Required) 692 Filed: 3/4/2009, Entered: None Court Filing
                                                                                      ORDER : The 3/18/09 Omnibus Hearing is VACATED and is now converted to a ( Telephonic Status Conference set for 3/18/2009 11:00 AM in US District Court - Fort Wayne before Judge William C Lee. The 3/18/09 Settlement Conference will be reset at the Telephonic Status Conference. Signed by Judge William C Lee on 3/4/09. (sdf) (Entered: 03/04/2009)
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                                                                                        Legal Document (Payment Possibly Required) 691 Filed: 3/3/2009, Entered: None
                                                                                        NOTICE by Zimmer Technology Inc, Zimmer Inc re 690 MOTION for Protective Order to Limit Number of Requests for Admission Zimmer's Certification in Compliance with Local Rule 37.1 (Liro PHV, Christopher) (Entered: 03/03/2009)
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                                                                                          Legal Document (Payment Possibly Required) 690 Filed: 3/3/2009, Entered: None
                                                                                          MOTION for Protective Order to Limit Number of Requests for Admission by Plaintiffs Zimmer Technology Inc, Zimmer Inc, Counter Defendants Zimmer Technology Inc, Zimmer Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Liro PHV, Christopher) (Entered: 03/03/2009)
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                                                                                            Legal Document (Payment Possibly Required) 689 Filed: 2/20/2009, Entered: None
                                                                                            MOTION Clarify the Court's Grant of Howmedica's Motion in Limine No. 2 (Phase 2 - Infringement) re 670 Order on Motion in Limine by Plaintiffs Zimmer Technology Inc, Zimmer Inc, Counter Defendants Zimmer Technology Inc, Zimmer Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Liro PHV, Christopher) (Entered: 02/20/2009)
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                                                                                              Legal Document (Payment Possibly Required) 688 Filed: 2/20/2009, Entered: None
                                                                                              MOTION for Reconsideration re 668 Order on Motion in Limine Zimmer's Motion for Reconsideration and Clarification of the Court's November 25, 2008 Order Granting Howmedica's Motion in Limine No. 3 (Invalidity) by Plaintiffs Zimmer Technology Inc, Zimmer Inc, Counter Defendants Zimmer Technology Inc, Zimmer Inc. (Liro PHV, Christopher) (Entered: 02/20/2009)
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                                                                                                Legal Document (Payment Possibly Required) 687 Filed: 2/13/2009, Entered: None
                                                                                                AFFIDAVIT in Support re 684 MOTION for Summary Judgment Partially on the Issue of Patent Ownership-Zimmer, Inc. is not an Owner or Exclusive Licensee to the "313 Patent filed by Howmedica Osteonics Corp. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E - Part 1, # 6 Exhibit E - Part 2, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N)(Vogler PHV, Gregory) (Entered: 02/13/2009)
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                                                                                                  Legal Document (Payment Possibly Required) 686 Filed: 2/13/2009, Entered: None
                                                                                                  STATEMENT by Howmedica of Undisputed Material Facts regarding 684 MOTION for Summary Judgment Partially on the Issue of Patent Ownership-Zimmer, Inc. is not an Owner or Exclusive Licensee to the "313 Patent filed by Howmedica Osteonics Corp, 685 Memorandum in Support filed by Howmedica Osteonics Corp. (Vogler PHV, Gregory) (Entered: 02/13/2009)
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                                                                                                    Legal Document (Payment Possibly Required) 685 Filed: 2/13/2009, Entered: None
                                                                                                    MEMORANDUM in Support of 684 MOTION for Summary Judgment Partially on the Issue of Patent Ownership-Zimmer, Inc. is not an Owner or Exclusive Licensee to the "313 Patent filed by Howmedica Osteonics Corp. (Vogler PHV, Gregory) (Entered: 02/13/2009)
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                                                                                                      Legal Document (Payment Possibly Required) 684 Filed: 2/13/2009, Entered: None Motion for Summary Judgment
                                                                                                      MOTION for Summary Judgment Partially on the Issue of Patent Ownership-Zimmer, Inc. is not an Owner or Exclusive Licensee to the "313 Patent by Counter Claimant Howmedica Osteonics Corp, Defendant Howmedica Osteonics Corp. (Vogler PHV, Gregory) (Entered: 02/13/2009)
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                                                                                                        Legal Document (Payment Possibly Required) 683 Filed: 2/13/2009, Entered: None
                                                                                                        SUPPLEMENT to 641 MOTION for Sanctions Against Zimmer for Bad Faith Litigation Misconduct, 649 Reply to Response to Motion, filed by Howmedica Osteonics Corp. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit AB, # 29 Exhibit AC, # 30 Exhibit AD, # 31 Exhibit AE, # 32 Exhibit AF, # 33 Exhibit AG, # 34 Exhibit AH)(Vogler PHV, Gregory) (Entered: 02/13/2009)
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                                                                                                          Legal Document (Payment Possibly Required) 682 Filed: 2/13/2009, Entered: None
                                                                                                          MOTION Strike the Deposition Errata Sheet of Zimmer's Rule 30b6 Witness, Kevin Grieg by Counter Claimant Howmedica Osteonics Corp, Defendant Howmedica Osteonics Corp. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Vogler PHV, Gregory) (Entered: 02/13/2009)
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                                                                                                            Legal Document (Payment Possibly Required) 681 Filed: 12/12/2008, Entered: None Court Filing
                                                                                                            OPINION AND ORDER denying 656 Motion for Protective Order Discovery deadline is extended 90 days from the date of this order 3/12/2009.. Signed by Judge William C Lee on 12/12/08. (sdf) Modified text (opinion) on 12/15/2008 (ksc). (Entered: 12/12/2008)
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                                                                                                              Legal Document (Payment Possibly Required) 680 Filed: 12/12/2008, Entered: None Court Filing
                                                                                                              TELEPHONE CONFERENCE held on 12/12/2008 before Judge William C Lee. Pla appeared by atty David Callahan, John LaDue. Dft appeared by atty Gregory Vogler. The plaintiff's motion for protective order will be denied by separate order; the jury trial set for 3/23/09, 3/30/09 and 4/13/09 are VACATED; the omnibus hearing set for 3/18/09 REMAINS UNCHANGED. (Tape #CD 11 - 2nd floor crtrm.) (lrm) (Entered: 12/12/2008)
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                                                                                                                Legal Document (Payment Possibly Required) 679 Filed: 12/4/2008, Entered: None Court Filing
                                                                                                                NOTICE of Hearing: Telephone Hearing set for 12/12/2008 10:30 AM Eastern time before Judge William C Lee; the court will initiate the call to counsel (lrm) (Entered: 12/04/2008)
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                                                                                                                  Legal Document (Payment Possibly Required) 678 Filed: 12/1/2008, Entered: None Court Filing
                                                                                                                  ORDER by Magistrate Judge Roger B Cosbey on 12/01/08, granting Howmedica's 677 Motion for Leave to File sur-reply to Zimmer's reply in support of its motion for a protective order; DE 677 is deemed to be the SUR-REPLY of Howmedica to Zimmer's 674 Reply re Zimmer's 656 Motion for Protective Order (lrm) (Entered: 12/01/2008)
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                                                                                                                    Legal Document (Payment Possibly Required) 677 Filed: 12/1/2008, Entered: None
                                                                                                                    MOTION for Leave to File Sur-reply and Sur-reply to Zimmer's reply in suport of its motion for a protective order by Counter Claimant Howmedica Osteonics Corp, Defendant Howmedica Osteonics Corp. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Vogler PHV, Gregory) (Entered: 12/01/2008)
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                                                                                                                      Legal Document (Payment Possibly Required) 676 Filed: 11/26/2008, Entered: None
                                                                                                                      SUPPLEMENT to 674 Reply to Response to Motion, Supplemental Exhibit - Unpublished Opinion to Zimmer's Reply in Support of its Motion for Protective Order filed by Zimmer Technology Inc, Zimmer Inc. (Liro PHV, Christopher) (Entered: 11/26/2008)
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                                                                                                                        Legal Document (Payment Possibly Required) 675 Filed: 11/25/2008, Entered: None
                                                                                                                        STIPULATION re 656 MOTION for Protective Order, 659 Scheduling Conference, Joint Stipulation Regarding Zimmer's Motion for a Protective Order by Plaintiffs Zimmer Technology Inc, Zimmer Inc, Counter Defendants Zimmer Technology Inc, Zimmer Inc. (Liro PHV, Christopher) Modified/termed as a motion on 12/16/2008 per 12/12/08 order denying mot 656 (lrm). (Entered: 11/25/2008)
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                                                                                                                          Legal Document (Payment Possibly Required) 674 Filed: 11/25/2008, Entered: None
                                                                                                                          REPLY to Response to Motion re 656 MOTION for Protective Order Zimmer's Reply In Support Of Its Motion For Protective Order filed by Zimmer Technology Inc, Zimmer Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Liro PHV, Christopher) (Entered: 11/25/2008)
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                                                                                                                            Legal Document (Payment Possibly Required) 673 Filed: 11/25/2008, Entered: None Court Filing
                                                                                                                            OPINION AND ORDER denying Howmedica's 509 Motion in Limine; granting 510 Motion in Limine; denying 511 Motion in Limine; granting 512 Motion in Limine. Signed by Judge William C Lee on 11/25/08. (sdf) Modified on 11/25/2008 (sdf). (Entered: 11/25/2008)
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                                                                                                                              Legal Document (Payment Possibly Required) 672 Filed: 11/25/2008, Entered: None Court Filing
                                                                                                                              OPINION AND ORDER granting Howmedica's 515 Motion in Limine No 1 (Non-Infringement). Signed by Judge William C Lee on 11/25/08. (sdf) (Entered: 11/25/2008)
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                                                                                                                                Legal Document (Payment Possibly Required) 671 Filed: 11/25/2008, Entered: None Court Filing
                                                                                                                                OPINION AND ORDER granting Howmedica's 503 Motion in Limine No. 1 (Invalidity). Signed by Judge William C Lee on 11/25/08. (sdf) (Entered: 11/25/2008)
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                                                                                                                                  Legal Document (Payment Possibly Required) 670 Filed: 11/25/2008, Entered: None Court Filing
                                                                                                                                  OPINION AND ORDER granting Howmedica's 516 Motion in Limine No. 2 (Non-Infringement). Signed by Judge William C Lee on 11/25/08. (sdf) (Entered: 11/25/2008)
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                                                                                                                                    Legal Document (Payment Possibly Required) 669 Filed: 11/25/2008, Entered: None Court Filing
                                                                                                                                    OPINION AND ORDER granting Howmedica's 504 Motion in Limine No. 2 (Invalidity). Signed by Judge William C Lee on 11/25/08. (sdf) (Entered: 11/25/2008)
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                                                                                                                                      Legal Document (Payment Possibly Required) 668 Filed: 11/25/2008, Entered: None Court Filing
                                                                                                                                      OPINION AND ORDER granting Howmedica's 505 Motion in Limine No. 3 (Invalidity). Signed by Judge William C Lee on 11/25/08. (sdf) (Entered: 11/25/2008)
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                                                                                                                                        Legal Document (Payment Possibly Required) 667 Filed: 11/25/2008, Entered: None Court Filing
                                                                                                                                        OPINION AND ORDER granting Howmedica's 518 Motion in Limine No. 4 (Non-Infringement). Signed by Judge William C Lee on 11/25/08. (sdf) (Entered: 11/25/2008)
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                                                                                                                                          Legal Document (Payment Possibly Required) 666 Filed: 11/25/2008, Entered: None Court Filing
                                                                                                                                          OPINION AND ORDER granting Howmedica's 506 Motion in Limine No. 4 (Invalidity). Signed by Judge William C Lee on 11/25/08. (sdf) (Entered: 11/25/2008)
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                                                                                                                                            Legal Document (Payment Possibly Required) 665 Filed: 11/25/2008, Entered: None Court Filing
                                                                                                                                            OPINION AND ORDER granting Howmedica's 519 Motion in Limine No. 5 (Non-Infringemet). Signed by Judge William C Lee on 11/25/08. (sdf) (Entered: 11/25/2008)
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                                                                                                                                              Legal Document (Payment Possibly Required) 664 Filed: 11/25/2008, Entered: None Court Filing
                                                                                                                                              OPINION AND ORDER denying Howmedica's 507 Motion in Limine No 5 (Invalidity). Signed by Judge William C Lee on 11/25/08. (sdf) (Entered: 11/25/2008)
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                                                                                                                                                Legal Document (Payment Possibly Required) 663 Filed: 11/25/2008, Entered: None Court Filing
                                                                                                                                                OPINION AND ORDER denying Homedica's 508 Motion in Limine No 6 (Invalidity). Signed by Judge William C Lee on 11/25/08. (sdf) (Entered: 11/25/2008)
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                                                                                                                                                  Legal Document (Payment Possibly Required) 662 Filed: 11/25/2008, Entered: None Court Filing
                                                                                                                                                  OPINION AND ORDER granting Howmedica's 522 Motion in Limine. Signed by Judge William C Lee on 11/25/08. (sdf) Modified to correct link on 11/26/2008 (ksc). (Entered: 11/25/2008)
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                                                                                                                                                    Legal Document (Payment Possibly Required) 661 Filed: 11/25/2008, Entered: None Court Filing
                                                                                                                                                    OPINION AND ORDER granting Zimmer's 524 , 527 , 530 Motions in Limine; Signed by Judge William C Lee on 11/25/08. (sdf) Modified on 11/25/2008 (sdf). (Entered: 11/25/2008)
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                                                                                                                                                      Legal Document (Payment Possibly Required) 660 Filed: 11/19/2008, Entered: None
                                                                                                                                                      BRIEF in Opposition to 656 MOTION for Protective Order filed by Howmedica Osteonics Corp. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21)(Vogler PHV, Gregory) (Entered: 11/19/2008)
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                                                                                                                                                        Legal Document (Payment Possibly Required) 659 Filed: 11/12/2008, Entered: None Court Filing
                                                                                                                                                        SCHEDULING CONFERENCE held on 11/12/2008 before Magistrate Judge Roger B Cosbey. Plaintiff appeared by D Callahan. Defendant appeared by G Vogler. Response to the Motion for Protective Order 656 to be filed by 11/19/2008 and the Reply by 11/25/2008. Also by 11/25/2008, counsel to submit a joint stipulation which recites discovery issues (as to the motion for protective order) that remain for the Court's consideration. (Tape #132) (wsy) (Entered: 11/12/2008)
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                                                                                                                                                          Legal Document (Payment Possibly Required) 658 Filed: 11/11/2008, Entered: None
                                                                                                                                                          NOTICE by Zimmer Technology Inc, Zimmer Inc Zimmer's Certification in Compliance with Local Rule 37.1 (Liro PHV, Christopher) (Entered: 11/11/2008)
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                                                                                                                                                            Legal Document (Payment Possibly Required) 657 Filed: 11/11/2008, Entered: None
                                                                                                                                                            AFFIDAVIT re 656 MOTION for Protective Order Declaration of Christopher R. Liro in Support of Zimmer's Motion for Protective Order (Exhibit K to Doc. No. 656) by Zimmer Technology Inc, Zimmer Inc. (Attachments: # 1 Exhibit A - Pimentel January 16, 2006 letter, # 2 Exhibit B - Liro December 16, 2005 Letter, # 3 Exhibit C - January 27, 2006 Meet & Confer Transcript)(Liro PHV, Christopher) (Entered: 11/11/2008)
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                                                                                                                                                              Legal Document (Payment Possibly Required) 656 Filed: 11/11/2008, Entered: None
                                                                                                                                                              MOTION for Protective Order by Plaintiffs Zimmer Technology Inc, Zimmer Inc, Counter Defendants Zimmer Technology Inc, Zimmer Inc. (Attachments: # 1 Exhibit A - 30(b)(6) Dep Notice, # 2 Exhibit B - 30(b)(6) Dep Notice, # 3 Exhibit C - Howmedica Requests for Production 89-100, # 4 Exhibit D - Howmedica's Requests for Admission 40-82, # 5 Exhibit E - Howmedica Interrogatories 21-28, # 6 Exhibit F - Liro November 7 letter to Scharff, # 7 Exhibit G - Scharff November 10 letter to Liro, # 8 Exhibit H - Scharff December 20, 2005 letter to Liro, # 9 Exhibit I - January 27, 2006 Meet & Confer Transcript, # 10 Exhibit J - Scharff letter to Pilz, # 11 Exhibit L - ZIM 1430 - ZIM 1434, # 12 Exhibit M - Heldreth Deposition Transcript, # 13 Exhibit N - Davis Deposition Transcript, # 14 Exhibit O - Greig Deposition Transcript)(Liro PHV, Christopher) (Entered: 11/11/2008)
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                                                                                                                                                                Legal Document (Payment Possibly Required) 655 Filed: 10/16/2008, Entered: None Court Filing
                                                                                                                                                                OPINION AND ORDER granting 513 Motion in Limine; granting 514 Motion in Limine; granting 517 Motion in Limine; granting 520 Motion in Limine; granting 523 Motion in Limine; granting 525 Motion in Limine; granting 526 Motion in Limine; granting 528 Motion in Limine; granting 529 Motion in Limine. Signed by Judge William C Lee on 10/16/08. (sdf) (Entered: 10/16/2008)
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                                                                                                                                                                  Legal Document (Payment Possibly Required) 654 Filed: 10/16/2008, Entered: None Court Filing
                                                                                                                                                                  TELEPHONE MOTION HEARING held on 10/16/2008 before Judge William C. Lee re 653 MOTION for Protective Order Relating To The Deposition Of Albert Burstein, Ph.D filed by Howmedica Osteonics Corp; Pla appeared by atty David Callahan, John LaDue. Dft appeared by atty Gregory Vogler. The motion is GRANTED on the condition that the Dr. Burstein be deposed not later than the end of January, 2009. (Tape #Port. System CD O.) (lrm) (Entered: 10/16/2008)
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                                                                                                                                                                    Legal Document (Payment Possibly Required) 653 Filed: 10/15/2008, Entered: None
                                                                                                                                                                    MOTION to Quash, MOTION for Protective Order Relating To The Deposition Of Albert Burstein, Ph.D. by Counter Claimant Howmedica Osteonics Corp, Defendant Howmedica Osteonics Corp. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Vogler PHV, Gregory) (Entered: 10/15/2008)
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                                                                                                                                                                      Legal Document (Payment Possibly Required) 652 Filed: 10/15/2008, Entered: None Court Filing
                                                                                                                                                                      ORDER FOR SETTLEENT CONFERENCE: ( Settlement Conference set for 3/18/2009 09:00 AM in US District Court - Fort Wayne before Magistrate Judge Roger B Cosbey.). Signed by Judge William C Lee on 10/15/08. (sdf) (Entered: 10/15/2008)
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                                                                                                                                                                        Legal Document (Payment Possibly Required) 651 Filed: 10/15/2008, Entered: None Court Filing
                                                                                                                                                                        NOTICE of Hearing; at the request of plaintiff counsel, a Telephone Conference to discuss a discovery dispute is set for 10/16/2008 11:30 AM in US District Court - Fort Wayne before Judge William C Lee. The court will initiate the call to counsel (lrm) (Entered: 10/15/2008)
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                                                                                                                                                                          Legal Document (Payment Possibly Required) 650 Filed: 10/14/2008, Entered: None Court Filing
                                                                                                                                                                          TELEPHONE HEARING held on 10/14/2008 before Judge William C Lee. Pla appeared by attys David Callahan, Bryan Hales, Christopher Liro, John LaDue, Timmothy Curran. Dft appeared by attys Gregory Vogler, Timothy Malloy. The court VACATES the 10/20/08, 10/27/08 and 12/8/08 trial dates, as well as the 10/16/08 trial management conference date. Discovery is now reopened as to the Burstein documents, including all expert opinions, expert reports and depositions of experts, for a period of 90 DAYS; within 30 days after the close of that discovery period (no later than 2/13/2009) counsel shall file any further motions or briefs, including briefs regarding "ownership" of the subject patents, shall file any supplements regarding the defendants 641 Motion for Sanctions, and shall further file any supplments to or additional documents under the Court's Order Controlling the Case. This case is now set for final pretrial conference/trial management conference/Omnibus Hearing on ALL PENDING MOTIONS on 3/18/2009 at 10:00 AM at US District Court - Fort Wayne; Phase 1 and 2 Jury Trials are set to begin 3/23/2009 08:30 AM in US District Court - Fort Wayne before Judge William C Lee, for 2 weeks (each phase expecting to last one week) Jury Trial on damages set for 4/13/2009 08:30 AM in US District Court - Fort Wayne before Judge William C Lee, with an estimated length of 1 week.(Tape #Port system CD O.)(lrm) (Entered: 10/14/2008)
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                                                                                                                                                                            Legal Document (Payment Possibly Required) 649 Filed: 10/10/2008, Entered: None
                                                                                                                                                                            REPLY to Response to Motion re 641 MOTION for Sanctions Against Zimmer for Bad Faith Litigation Misconduct filed by Howmedica Osteonics Corp. (Attachments: # 1 Exhibit EE, # 2 Exhibit FF, # 3 Exhibit GG, # 4 Exhibit HH)(Vogler PHV, Gregory) (Entered: 10/10/2008)
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                                                                                                                                                                              Legal Document (Payment Possibly Required) 648 Filed: 10/9/2008, Entered: None Court Filing
                                                                                                                                                                              NOTICE of Telephone Hearing on Motion 641 MOTION for Sanctions Against Zimmer for Bad Faith Litigation Misconduct; Telephone Motion Hearing set for 10/14/2008 02:30 PM (Eastern Time) before Judge William C Lee. The court will initiate the call to counsel(lrm) (Entered: 10/09/2008)
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                                                                                                                                                                                Legal Document (Payment Possibly Required) 647 Filed: 10/8/2008, Entered: None
                                                                                                                                                                                OBJECTION by Howmedica Osteonics Corp to 638 Exhibit List (Zimmer's Supplemental Designated Exhibits - Phase 2 - Noninfringement). (Attachments: # 1 Exhibit A)(Vogler PHV, Gregory) (Entered: 10/08/2008)
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                                                                                                                                                                                  Legal Document (Payment Possibly Required) 646 Filed: 10/8/2008, Entered: None
                                                                                                                                                                                  OBJECTION by Howmedica Osteonics Corp to 637 Exhibit List (Zimmer's Supplemental Designated Exhibits - Phase 1 - Invalidity). (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Vogler PHV, Gregory) (Entered: 10/08/2008)
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                                                                                                                                                                                    Legal Document (Payment Possibly Required) 645 Filed: 10/8/2008, Entered: None
                                                                                                                                                                                    Supplemental Trial Exhibit List (Phase 2 - Noninfringement) Supplemented to Include Recently Produced Zimmer Documents by Howmedica Osteonics Corp.. (Vogler PHV, Gregory) (Entered: 10/08/2008)
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                                                                                                                                                                                      Legal Document (Payment Possibly Required) 644 Filed: 10/8/2008, Entered: None
                                                                                                                                                                                      Supplemental Trial Exhibit List (Phase 1 - Invalidity) Supplemented to Include Recently Produced Zimmer Documents by Howmedica Osteonics Corp.. (Vogler PHV, Gregory) (Entered: 10/08/2008)
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                                                                                                                                                                                        Legal Document (Payment Possibly Required) 643 Filed: 10/7/2008, Entered: None
                                                                                                                                                                                        BRIEF in Opposition to 641 MOTION for Sanctions Against Zimmer for Bad Faith Litigation Misconduct filed by Zimmer Technology Inc, Zimmer Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18)(Liro PHV, Christopher) (Entered: 10/07/2008)
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                                                                                                                                                                                          Legal Document (Payment Possibly Required) 642 Filed: 10/3/2008, Entered: None Court Filing
                                                                                                                                                                                          ORDER : Zimmer is ordered to respond to Howmedica's 641 Motion for Sanctions for Bad Faith Litigation Misconduct at the Trial Management Conference which is set for 10/16/08 at 1:30pm (Fort Wayne Time). Signed by Judge William C Lee on 10/3/08. (sdf) (Entered: 10/03/2008)
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                                                                                                                                                                                            Legal Document (Payment Possibly Required) 641 Filed: 10/1/2008, Entered: None Motion for Sanctions
                                                                                                                                                                                            MOTION for Sanctions Against Zimmer for Bad Faith Litigation Misconduct by Counter Claimant Howmedica Osteonics Corp, Defendant Howmedica Osteonics Corp. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit BB, # 29 Exhibit CC, # 30 Exhibit DD)(Vogler PHV, Gregory) (Entered: 10/01/2008)
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                                                                                                                                                                                              Legal Document (Payment Possibly Required) 640 Filed: 9/29/2008, Entered: None
                                                                                                                                                                                              MEMORANDUM OF LAW by Howmedica in support of the Admissibility of its Exhibits - Phase 2 (Noninfringement). (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Vogler PHV, Gregory) (Entered: 09/29/2008)
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                                                                                                                                                                                                Legal Document (Payment Possibly Required) 639 Filed: 9/29/2008, Entered: None
                                                                                                                                                                                                MEMORANDUM OF LAW by Howmedica in support of the Admissibility of its Exhibits - Phase 1 (Invalidity). (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Vogler PHV, Gregory) (Entered: 09/29/2008)
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                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 638 Filed: 9/29/2008, Entered: None
                                                                                                                                                                                                  Zimmer's Supplemental Exhibit List For The Phase 2 (Infringement) Trial by Zimmer Technology Inc, Zimmer Inc.. (Liro PHV, Christopher) (Entered: 09/29/2008)
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                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 637 Filed: 9/29/2008, Entered: None
                                                                                                                                                                                                    Zimmer's Supplemental Exhibit List For The Phase 1 (Validity) Trial by Zimmer Technology Inc, Zimmer Inc.. (Liro PHV, Christopher) (Entered: 09/29/2008)
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                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 636 Filed: 9/28/2008, Entered: None
                                                                                                                                                                                                      Supplemental Witness List/Exhibit List for the Phase 1 (Validity) Trial by Zimmer Technology Inc, Zimmer Inc. (Liro PHV, Christopher) (Entered: 09/28/2008)
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                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 635 Filed: 9/26/2008, Entered: None Court Filing
                                                                                                                                                                                                        ORDER by Judge William C Lee granting Howmedica's 632 Motion for Extension of Time to 9/29/08 to File deft's memo re exhibits to which there is objection (lrm) (Entered: 09/26/2008)
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                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 634 Filed: 9/26/2008, Entered: None
                                                                                                                                                                                                          Docket Entry 633 REPLACES Docket Entry 616 ; See docket for further explanation. (cer) (Entered: 09/26/2008)
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                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 633 Filed: 9/26/2008, Entered: None
                                                                                                                                                                                                            Proposed Voir Dire by Howmedica Osteonics Corp. (Vogler PHV, Gregory). REPLACES DOCKET ENTRY 616 . Modified on 9/26/2008; Document refiled with correct pdf attached. (cer) (Entered: 09/26/2008)
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                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 632 Filed: 9/26/2008, Entered: None
                                                                                                                                                                                                              MOTION for Extension of Time to File Memoranda In Support Of Position Regarding Exhibits by Counter Claimant Howmedica Osteonics Corp, Defendant Howmedica Osteonics Corp. (Vogler PHV, Gregory) (Entered: 09/26/2008)
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                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 631 Filed: 9/25/2008, Entered: None
                                                                                                                                                                                                                MEMORANDUM OF LAW re 599 Objection Zimmer's Memorandum in Support of Zimmer's Trial Exhibit List Phase 2 - Infringement. (Liro PHV, Christopher) (Entered: 09/25/2008)
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                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 630 Filed: 9/25/2008, Entered: None
                                                                                                                                                                                                                  MEMORANDUM OF LAW re 598 Objection Zimmer's Memorandum in Support of Zimmer's Trial Exhibit List Phase 1 - Validity. (Liro PHV, Christopher) (Entered: 09/25/2008)
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                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 629 Filed: 9/25/2008, Entered: None
                                                                                                                                                                                                                    Joint Proposed Voir Dire by Zimmer Technology Inc, Zimmer Inc. (Liro PHV, Christopher) (Entered: 09/25/2008)
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                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 628 Filed: 9/25/2008, Entered: None
                                                                                                                                                                                                                      Second Proposed Jury Instructions by Zimmer Technology Inc, Zimmer Inc. (Liro PHV, Christopher) (Entered: 09/25/2008)
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                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 627 Filed: 9/25/2008, Entered: None
                                                                                                                                                                                                                        First Proposed Jury Instructions by Zimmer Technology Inc, Zimmer Inc. (Liro PHV, Christopher) (Entered: 09/25/2008)
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                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 626 Filed: 9/25/2008, Entered: None
                                                                                                                                                                                                                          Zimmer's Non-Agreed Verdict Form for Phase 1 (Validity) Proposed Verdict Form by Zimmer Technology Inc, Zimmer Inc. (Liro PHV, Christopher) (Entered: 09/25/2008)
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                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 625 Filed: 9/25/2008, Entered: None
                                                                                                                                                                                                                            Agreed Verdict Form for the Phase 2 Trial Proposed Verdict Form by Zimmer Technology Inc, Zimmer Inc. (Liro PHV, Christopher) (Entered: 09/25/2008)
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                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 624 Filed: 9/25/2008, Entered: None
                                                                                                                                                                                                                              Zimmer's Phase 2 (Infringement) Exhibit List of Exhibits to Which Howmedica Does Not Object by Zimmer Technology Inc, Zimmer Inc.. (Liro PHV, Christopher) (Entered: 09/25/2008)
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                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 623 Filed: 9/25/2008, Entered: None
                                                                                                                                                                                                                                Zimmer's Phase 1 (Validity) Exhibit List of Exhibits to which Howmedica Does Not Object by Zimmer Technology Inc, Zimmer Inc.. (Liro PHV, Christopher) (Entered: 09/25/2008)
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                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 622 Filed: 9/25/2008, Entered: None
                                                                                                                                                                                                                                  Second Proposed Jury Instructions by Howmedica Osteonics Corp. (Vogler PHV, Gregory) (Entered: 09/25/2008)
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                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 621 Filed: 9/25/2008, Entered: None
                                                                                                                                                                                                                                    Second Proposed Voir Dire by Howmedica Osteonics Corp. (Vogler PHV, Gregory) (Entered: 09/25/2008)
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                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 620 Filed: 9/25/2008, Entered: None
                                                                                                                                                                                                                                      Trial Exhibit List Form (Phase 2 - Noninfringement) Pursuant to Order Controlling Case by Howmedica Osteonics Corp.. (Vogler PHV, Gregory) (Entered: 09/25/2008)
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                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 619 Filed: 9/25/2008, Entered: None
                                                                                                                                                                                                                                        TRIAL BRIEF (Supplemental) Phase 1 - Invalidity by Howmedica Osteonics Corp. (Vogler PHV, Gregory) (Entered: 09/25/2008)
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                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 618 Filed: 9/25/2008, Entered: None
                                                                                                                                                                                                                                          First Proposed Jury Instructions by Howmedica Osteonics Corp. (Vogler PHV, Gregory) (Entered: 09/25/2008)
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                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 617 Filed: 9/25/2008, Entered: None
                                                                                                                                                                                                                                            Phase 1 (Invalidity) Special Proposed Verdict Form by Howmedica Osteonics Corp. (Vogler PHV, Gregory) (Entered: 09/25/2008)
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                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 616 Filed: 9/25/2008, Entered: None
                                                                                                                                                                                                                                              REPLACED BY DOCKET ENTRY 633 . Proposed Voir Dire by Howmedica Osteonics Corp. (Vogler PHV, Gregory). Modified on 9/26/2008; Incorrect pdf attached. (cer) (Entered: 09/25/2008)
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                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 615 Filed: 9/25/2008, Entered: None
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                                                                                                                                                                                                                                                                  REPLY to Response to Motion re 523 MOTION in Limine No. 3 To Preclude "Public Use" Arguments That Are Contrary To This Court's January 4, 2008 Order filed by Zimmer Technology Inc, Zimmer Inc. (Liro PHV, Christopher) (Entered: 09/24/2008)
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                                                                                                                                                                                                                                                                      REPLY to Response to Motion re 530 MOTION in Limine No. 1 To Exclude Equivalents Testimony by Dr. Crowninshield in Unrelated Litigation filed by Zimmer Technology Inc, Zimmer Inc. (Liro PHV, Christopher) (Entered: 09/24/2008)
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                                                                                                                                                                                                                                                                        BENCH BOOKS of Exhibits by Howmedica Osteonics Corp; 3 volumes Phase 1 and 2 volumes Phase 2 (jcp) (Entered: 09/24/2008)
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                                                                                                                                                                                                                                                                            OBJECTION by Howmedica Osteonics Corp to Zimmer's Designated Deposition Testimony (Phase 2 - Noninfringement). (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Vogler PHV, Gregory) (Entered: 09/22/2008)
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                                                                                                                                                                                                                                                                              OBJECTION by Howmedica Osteonics Corp to Zimmer's Designated Deposition Testimony (Phase 1 - Invalidity). (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Vogler PHV, Gregory) (Entered: 09/22/2008)
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                                                                                                                                                                                                                                                                                OBJECTION by Howmedica Osteonics Corp to Zimmer's Designated Exhibits (Phase 2 - Noninfringement). (Attachments: # 1 Exhibit A)(Vogler PHV, Gregory) (Entered: 09/22/2008)
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                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 598 Filed: 9/22/2008, Entered: None
                                                                                                                                                                                                                                                                                  OBJECTION by Howmedica Osteonics Corp to Zimmer's Designated Exhibits (Phase 1 - Invalidity). (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Vogler PHV, Gregory) (Entered: 09/22/2008)
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                                                                                                                                                                                                                                                                                    STATEMENT of Summary of Howmedica's Pending Motions in Limine Nos. 1-13 (Invalidity) and Nos. 1-7 (Non-Infringement). (Vogler PHV, Gregory) (Entered: 09/22/2008)
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                                                                                                                                                                                                                                                                                      REPLY to Response to Motion re 521 MOTION in Limine No. 7 (Noninfringement) regarding Prior Summary Judgment Rulings are Irrelevant and Highly Prejudicial filed by Howmedica Osteonics Corp. (Vogler PHV, Gregory) (Entered: 09/22/2008)
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                                                                                                                                                                                                                                                                                        REPLY to Response to Motion re 520 MOTION in Limine No. 6 (Noninfringement) regarding Arguments Regarding Other Lawsuits are Irrelevant and Highly Prejudicial filed by Howmedica Osteonics Corp. (Attachments: # 1 Exhibit 1)(Vogler PHV, Gregory) (Entered: 09/22/2008)
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                                                                                                                                                                                                                                                                                          REPLY to Response to Motion re 519 MOTION in Limine No. 5 (Noninfringement) regarding Arguments Exclusive to Trial Phases 1 or 3 MOTION in Limine No. 5 (Noninfringement) regarding Arguments Exclusive to Trial Phases 1 or 3 are Irrelevant and Highly Prejudicial filed by Howmedica Osteonics Corp. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Vogler PHV, Gregory) (Entered: 09/22/2008)
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                                                                                                                                                                                                                                                                                            REPLY to Response to Motion re 518 MOTION in Limine No. 4 (Noninfringement) regarding Alleged Missing Howmedica Documents MOTION in Limine No. 4 (Noninfringement) regarding Alleged Missing Howmedica Documents are Irrelevant, Unsupported by Evidence, and Highly Prejudicial filed by Howmedica Osteonics Corp. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Vogler PHV, Gregory) Modified on 9/24/2008 (ksc). FILING ERROR - THIS DOCUMENT HAS BEEN REFILED (SEE 602 ). (Entered: 09/22/2008)
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                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 592 Filed: 9/22/2008, Entered: None
                                                                                                                                                                                                                                                                                              REPLY to Response to Motion re 517 MOTION in Limine No. 3 (Noninfringement) regarding Reference to USPN 5,782,920 at Trial Would Be Improper Hearsay, Unfair, and Highly Prejudicial filed by Howmedica Osteonics Corp. (Vogler PHV, Gregory) (Entered: 09/22/2008)
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                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 591 Filed: 9/22/2008, Entered: None
                                                                                                                                                                                                                                                                                                REPLY to Response to Motion re 516 MOTION in Limine No. 2 (Noninfringement) regarding Compare Patented Structure and Accused Devices filed by Howmedica Osteonics Corp. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Vogler PHV, Gregory) (Entered: 09/22/2008)
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                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 590 Filed: 9/22/2008, Entered: None
                                                                                                                                                                                                                                                                                                  REPLY to Response to Motion re 515 MOTION in Limine No. 1 (Noninfringement) regarding FDA Equivalence is Irrelevant MOTION in Limine No. 1 (Noninfringement) regarding FDA Equivalence is Irrelevant and Erroneous to Raise filed by Howmedica Osteonics Corp. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Vogler PHV, Gregory) (Entered: 09/22/2008)
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                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 589 Filed: 9/22/2008, Entered: None
                                                                                                                                                                                                                                                                                                    REPLY to Response to Motion re 514 MOTION in Limine No. 13 regarding Prior Summary Judgment Rulings are Irrelevant and Highly Prejudicial filed by Howmedica Osteonics Corp. (Vogler PHV, Gregory) (Entered: 09/22/2008)
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                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 588 Filed: 9/22/2008, Entered: None
                                                                                                                                                                                                                                                                                                      REPLY to Response to Motion re 513 MOTION in Limine No. 12 regarding Arguments Regarding Other Lawsuits are Irrelevant and Highly Prejudicial filed by Howmedica Osteonics Corp. (Attachments: # 1 Exhibit 1)(Vogler PHV, Gregory) (Entered: 09/22/2008)
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                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 587 Filed: 9/22/2008, Entered: None
                                                                                                                                                                                                                                                                                                        REPLY to Response to Motion re 512 MOTION in Limine No. 11 regarding Arguments Exclusive to Trial Phases 2 or 3 is Irrelevant and Highly Prejudicial filed by Howmedica Osteonics Corp. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Vogler PHV, Gregory) (Entered: 09/22/2008)
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                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 586 Filed: 9/22/2008, Entered: None
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                                                                                                                                                                                                                                                                                                            OBJECTION by Zimmer Technology Inc, Zimmer Inc to Howmedica's Witness List for Phase 2 (Infringement) Trial. (Liro PHV, Christopher) (Entered: 09/22/2008)
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                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 584 Filed: 9/22/2008, Entered: None
                                                                                                                                                                                                                                                                                                              OBJECTION by Zimmer Technology Inc, Zimmer Inc to Howmedica's Witness List for Phase 1 (Validity) Trial. (Liro PHV, Christopher) (Entered: 09/22/2008)
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                                                                                                                                                                                                                                                                                                                OBJECTION by Zimmer Technology Inc, Zimmer Inc to Howmedica's Deposition Designations for Phase 2 (Infringement) Trial and Zimmer's Counter Objections. (Liro PHV, Christopher) (Entered: 09/22/2008)
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                                                                                                                                                                                                                                                                                                                  OBJECTION by Zimmer Technology Inc, Zimmer Inc to Howmedica's Deposition Designations for Phase 1 (Validity) Trial and Zimmer's Counter Objections. (Liro PHV, Christopher) (Entered: 09/22/2008)
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                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 581 Filed: 9/22/2008, Entered: None
                                                                                                                                                                                                                                                                                                                    Zimmer's Exhibit List Objections to Howmedica's Phase 2 (Infringement) Trial Exhibit List by Zimmer Technology Inc, Zimmer Inc.. (Liro PHV, Christopher) (Entered: 09/22/2008)
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                                                                                                                                                                                                                                                                                                                        REPLY to Response to Motion re 511 MOTION in Limine No. 9 regarding Earlier Invention Date filed by Howmedica Osteonics Corp. (Vogler PHV, Gregory) (Entered: 09/22/2008)
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                                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 578 Filed: 9/22/2008, Entered: None
                                                                                                                                                                                                                                                                                                                          REPLY to Response to Motion re 510 MOTION in Limine No. 8 regarding Arguments regarding Aware or Look to Prior Art are Legally Erroneous filed by Howmedica Osteonics Corp. (Attachments: # 1 Exhibit 1)(Vogler PHV, Gregory) (Entered: 09/22/2008)
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                                                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 577 Filed: 9/22/2008, Entered: None
                                                                                                                                                                                                                                                                                                                            REPLY to Response to Motion re 509 MOTION in Limine No. 7 regarding Arguments Contrary to Claim Construction Are Legal Error and Irrelevant filed by Howmedica Osteonics Corp. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Vogler PHV, Gregory) (Entered: 09/22/2008)
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                                                                                                                                                                                                                                                                                                                              REPLY to Response to Motion re 508 MOTION in Limine No. 6 regarding Alleged Failure of Dr Burstein Constitutes Legal and Factual Error filed by Howmedica Osteonics Corp. (Attachments: # 1 Exhibit 1)(Vogler PHV, Gregory) (Entered: 09/22/2008)
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                                                                                                                                                                                                                                                                                                                                REPLY to Response to Motion re 507 MOTION in Limine No. 5 regarding Alleged Secondary Considerations Irrelevant filed by Howmedica Osteonics Corp. (Vogler PHV, Gregory) (Entered: 09/22/2008)
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                                                                                                                                                                                                                                                                                                                                  REPLY to Response to Motion re 506 MOTION in Limine No. 4 regarding Prior Art Documents Allegedly Secret Prior Art Irrelevant filed by Howmedica Osteonics Corp. (Vogler PHV, Gregory) (Entered: 09/22/2008)
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                                                                                                                                                                                                                                                                                                                                    REPLY to Response to Motion re 505 MOTION in Limine regarding Prior Art Allegedly Teaches Away Irrelevant filed by Howmedica Osteonics Corp. (Attachments: # 1 Exhibit 1)(Vogler PHV, Gregory) (Entered: 09/22/2008)
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                                                                                                                                                                                                                                                                                                                                      REPLY to Response to Motion re 504 MOTION in Limine regarding Alleged Physical Combinality Prior Art References filed by Howmedica Osteonics Corp. (Attachments: # 1 Exhibit 1)(Vogler PHV, Gregory) (Entered: 09/22/2008)
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                                                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 570 Filed: 9/22/2008, Entered: None Court Filing
                                                                                                                                                                                                                                                                                                                                          ENTRY for Judge William C Lee on 9/22/08. It has now become to the court's attention that there is courtroom space available IN FORT WAYNE for the 12/8/08 Damages phase jury trial in this case. Accordingly, the court now ORDERS that the 12/8/08 jury trial (estimated length 4-5 days) regarding damages will take place IN FORT WAYNE. Further, this cause is set for Final Pretrial Conference (damages phase) on 11/17/2008 01:30 PM in Fort Wayne and Trial Management Conference (damages phase) on 12/5/2008 11:30 AM in Fort Wayne. The attention of counsel is directed to the attached ORDER FOR CIVIL TRIAL AND FINAL PRE TRIAL CONFERENCE and ORDER CONTROLLING THE CASE - DAMAGES PHASE attached hereto (lrm) (Entered: 09/22/2008)
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                                                                                                                                                                                                                                                                                                                                            RESPONSE to Motion re 528 MOTION in Limine No. 8 To Preclude Reference To Prior Non-Infringement Decision filed by Howmedica Osteonics Corp. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Vogler PHV, Gregory) (Entered: 09/19/2008)
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                                                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 568 Filed: 9/19/2008, Entered: None
                                                                                                                                                                                                                                                                                                                                              RESPONSE to Motion re 527 MOTION in Limine No. 7 To Preclude References to DOJ Investigations and Related Allegations filed by Howmedica Osteonics Corp. (Vogler PHV, Gregory) (Entered: 09/19/2008)
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                                                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 567 Filed: 9/19/2008, Entered: None
                                                                                                                                                                                                                                                                                                                                                RESPONSE to Motion re 526 MOTION in Limine No. 6 To Preclude Evidence of Zimmer's Decision To Suspend Sales of Durom Cup Product filed by Howmedica Osteonics Corp. (Vogler PHV, Gregory) (Entered: 09/19/2008)
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                                                                                                                                                                                                                                                                                                                                                  RESPONSE to Motion re 525 MOTION in Limine No. 5 To Exclude Evidence of the '920 Patent & '920 License filed by Howmedica Osteonics Corp. (Vogler PHV, Gregory) (Entered: 09/19/2008)
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                                                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 565 Filed: 9/19/2008, Entered: None
                                                                                                                                                                                                                                                                                                                                                    RESPONSE to Motion re 524 MOTION in Limine No. 4 To Preclude Argument That The 1991 Howmedica Custom Implant Is Prior Art Under 35 U.S.C. 102(g) MOTION in Limine No. 4 To Preclude Argument That The 1991 Howmedica Custom Implant Is Prior Art Under 35 U.S.C. 102(g) filed by Howmedica Osteonics Corp. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Vogler PHV, Gregory) (Entered: 09/19/2008)
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                                                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 564 Filed: 9/19/2008, Entered: None
                                                                                                                                                                                                                                                                                                                                                      RESPONSE to Motion re 523 MOTION in Limine No. 3 To Preclude "Public Use" Arguments That Are Contrary To This Court's January 4, 2008 Order filed by Howmedica Osteonics Corp. (Vogler PHV, Gregory) (Entered: 09/19/2008)
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                                                                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 563 Filed: 9/19/2008, Entered: None
                                                                                                                                                                                                                                                                                                                                                        RESPONSE to Motion re 529 MOTION in Limine No. 2 To Exclude Expert Testimony Regarding Witness Credibility filed by Howmedica Osteonics Corp. (Vogler PHV, Gregory) (Entered: 09/19/2008)
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                                                                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 562 Filed: 9/19/2008, Entered: None
                                                                                                                                                                                                                                                                                                                                                          RESPONSE to Motion re 530 MOTION in Limine No. 1 To Exclude Equivalents Testimony by Dr. Crowninshield in Unrelated Litigation filed by Howmedica Osteonics Corp. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Vogler PHV, Gregory) (Entered: 09/19/2008)
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                                                                                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 561 Filed: 9/19/2008, Entered: None Court Filing
                                                                                                                                                                                                                                                                                                                                                            ORDER Judge William C. Lee on 9/19/08, granting pltfs' 560 Motion for 2 day Extension of Time to File Replis in support of their motions in limine. Reply to be filed by 9/24/2008. (lrm) (Entered: 09/19/2008)
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                                                                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 560 Filed: 9/19/2008, Entered: None
                                                                                                                                                                                                                                                                                                                                                              MOTION for Extension of Time to File Response/Reply Unopposed Motion for a Two-Day Extension of the Deadline for Zimmer's Reply Briefs Supporting Zimmer's Motions in Limine by Plaintiff Zimmer Inc. (LaDue, John) (Entered: 09/19/2008)
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                                                                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 559 Filed: 9/17/2008, Entered: None
                                                                                                                                                                                                                                                                                                                                                                RESPONSE in Opposition re 521 MOTION in Limine No. 7 (Noninfringement) regarding Prior Summary Judgment Rulings Phase 2 (Infringement) filed by Zimmer Technology Inc, Zimmer Inc. (Liro PHV, Christopher) (Entered: 09/17/2008)
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                                                                                                                                                                                                                                                                                                                                                                                            RESPONSE in Opposition re 508 MOTION in Limine No. 6 regarding Alleged Failure of Dr Burstein Phase 1 (Validity) Motion in Limine 6 filed by Zimmer Technology Inc, Zimmer Inc. (Liro PHV, Christopher) (Entered: 09/17/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 539 Filed: 9/15/2008, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                        STATEMENT by Howmedica of its Counter Proposed Preliminary Statement (Phase 2 - Noninfringement). (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Vogler PHV, Gregory) (Entered: 09/15/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                          STATEMENT by Howmedica of its [Proposed] Preliminary Statement (Phase 1 - Invalidity). (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Vogler PHV, Gregory) (Entered: 09/15/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                            TRIAL BRIEF in Opposition (Phase 2 - Noninfringement) by Howmedica Osteonics Corp. (Vogler PHV, Gregory) (Entered: 09/15/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                              STATEMENT Zimmer's Proposed Preliminary Statement of the Case for the Phase 2 (Infringement) Trial. (Liro PHV, Christopher) (Entered: 09/15/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 535 Filed: 9/15/2008, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                STATEMENT Zimmer's Proposed Preliminary Statement of the Case for the Phase 1 (Validity) Trial. (Liro PHV, Christopher) (Entered: 09/15/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 534 Filed: 9/15/2008, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                  TRIAL BRIEF for Phase 1 (Validity) Trial in response to Howmedica's Trial Brief by Zimmer Technology Inc, Zimmer Inc. (Liro PHV, Christopher) (Entered: 09/15/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 533 Filed: 9/15/2008, Entered: None Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                                    FINAL PRETRIAL CONFERENCE held on 9/15/2008. Pla appeared by atty Bryan Hales, John LaDue. Dft appeared by atty Gregory Vogler, Timothy Malloy, Eligio Pimental, Robert Palmer. Court approves final pre trial orders for phase2 1 (invalidity) and phase 2 (infringement) jury trials. Phase 1 Jury Trial confirmed for 10/20/2008 08:30 AM in Fort Wayne before Judge William C Lee, estimated length 4-5 days; Phase 2 jury trial confirmed for 10/27/2008 08:30 AM in Fort Wayne before Judge William C Lee, estimated length 4-5 days; Phase 3 (damages) Jury Trial RESET from 11/11/08 to 12/8/2008 08:30 AM IN SOUTH BEND, before Judge William C Lee, estimated length 4-5 days. Counsel stipulate to accepting a verdict by as few as 6 regular jurors in each phase of trial. (Court Reporter Richard Ehrlich.) (lrm) (Entered: 09/15/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                                      PRETRIAL ORDER - PHASE 2 - INFRINGMENT. Signed by Judge William C Lee on 9/15/08. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(lrm) (Entered: 09/15/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                                        PRETRIAL ORDER - PHASE 1 - INVALIDITY. Signed by Judge William C Lee on 9/15/08. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(lrm) (Entered: 09/15/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                                          MOTION in Limine No. 1 To Exclude Equivalents Testimony by Dr. Crowninshield in Unrelated Litigation by Plaintiffs Zimmer Technology Inc, Zimmer Inc, Counter Defendants Zimmer Technology Inc, Zimmer Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Liro PHV, Christopher) (Entered: 09/10/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                                            MOTION in Limine No. 2 To Exclude Expert Testimony Regarding Witness Credibility by Plaintiffs Zimmer Technology Inc, Zimmer Inc, Counter Defendants Zimmer Technology Inc, Zimmer Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Liro PHV, Christopher) (Entered: 09/10/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                                              MOTION in Limine No. 8 To Preclude Reference To Prior Non-Infringement Decision by Plaintiffs Zimmer Technology Inc, Zimmer Inc, Counter Defendants Zimmer Technology Inc, Zimmer Inc. (Liro PHV, Christopher) (Entered: 09/10/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                                                MOTION in Limine No. 7 To Preclude References to DOJ Investigations and Related Allegations by Plaintiffs Zimmer Technology Inc, Zimmer Inc, Counter Defendants Zimmer Technology Inc, Zimmer Inc. (Liro PHV, Christopher) (Entered: 09/10/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                                                  MOTION in Limine No. 6 To Preclude Evidence of Zimmer's Decision To Suspend Sales of Durom Cup Product by Plaintiffs Zimmer Technology Inc, Zimmer Inc, Counter Defendants Zimmer Technology Inc, Zimmer Inc. (Liro PHV, Christopher) (Entered: 09/10/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                                                    MOTION in Limine No. 5 To Exclude Evidence of the '920 Patent & '920 License by Plaintiffs Zimmer Technology Inc, Zimmer Inc, Counter Defendants Zimmer Technology Inc, Zimmer Inc. (Liro PHV, Christopher) (Entered: 09/10/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                                                      MOTION in Limine No. 4 To Preclude Argument That The 1991 Howmedica Custom Implant Is Prior Art Under 35 U.S.C. 102(g) by Plaintiffs Zimmer Technology Inc, Zimmer Inc, Counter Defendants Zimmer Technology Inc, Zimmer Inc. (Liro PHV, Christopher) (Entered: 09/10/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                                                        MOTION in Limine No. 3 To Preclude "Public Use" Arguments That Are Contrary To This Court's January 4, 2008 Order by Plaintiffs Zimmer Technology Inc, Zimmer Inc, Counter Defendants Zimmer Technology Inc, Zimmer Inc. (Attachments: # 1 Exhibit 1)(Liro PHV, Christopher) (Entered: 09/10/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                                                          MOTION in Limine No. 10 regarding Alleged Missing Howmedica Documents by Counter Claimant Howmedica Osteonics Corp, Defendant Howmedica Osteonics Corp. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Vogler PHV, Gregory) (Entered: 09/10/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                                                            MOTION in Limine No. 7 (Noninfringement) regarding Prior Summary Judgment Rulings by Counter Claimant Howmedica Osteonics Corp, Defendant Howmedica Osteonics Corp. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Vogler PHV, Gregory) (Entered: 09/10/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                                                              MOTION in Limine No. 6 (Noninfringement) regarding Arguments Regarding Other Lawsuits by Counter Claimant Howmedica Osteonics Corp, Defendant Howmedica Osteonics Corp. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Vogler PHV, Gregory) (Entered: 09/10/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                MOTION in Limine No. 5 (Noninfringement) regarding Arguments Exclusive to Trial Phases 1 or 3 by Counter Claimant Howmedica Osteonics Corp, Defendant Howmedica Osteonics Corp. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Vogler PHV, Gregory) (Entered: 09/10/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                  MOTION in Limine No. 4 (Noninfringement) regarding Alleged Missing Howmedica Documents by Counter Claimant Howmedica Osteonics Corp, Defendant Howmedica Osteonics Corp. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Vogler PHV, Gregory) (Entered: 09/10/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                    MOTION in Limine No. 3 (Noninfringement) regarding Reference to USPN 5,782,920 by Counter Claimant Howmedica Osteonics Corp, Defendant Howmedica Osteonics Corp. (Attachments: # 1 Exhibit 1)(Vogler PHV, Gregory) (Entered: 09/10/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                      MOTION in Limine No. 2 (Noninfringement) regarding Compare Patented Structure and Accused Devices by Counter Claimant Howmedica Osteonics Corp, Defendant Howmedica Osteonics Corp. (Vogler PHV, Gregory) (Entered: 09/10/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                        MOTION in Limine No. 1 (Noninfringement) regarding FDA Equivalence is Irrelevant by Counter Claimant Howmedica Osteonics Corp, Defendant Howmedica Osteonics Corp. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Vogler PHV, Gregory) (Entered: 09/10/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                          MOTION in Limine No. 13 regarding Prior Summary Judgment Rulings by Counter Claimant Howmedica Osteonics Corp, Defendant Howmedica Osteonics Corp. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Vogler PHV, Gregory) (Entered: 09/10/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                            MOTION in Limine No. 12 regarding Arguments Regarding Other Lawsuits by Counter Claimant Howmedica Osteonics Corp, Defendant Howmedica Osteonics Corp. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Vogler PHV, Gregory) (Entered: 09/10/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                              MOTION in Limine No. 11 regarding Arguments Exclusive to Trial Phases 2 or 3 by Counter Claimant Howmedica Osteonics Corp, Defendant Howmedica Osteonics Corp. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Vogler PHV, Gregory) (Entered: 09/10/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                MOTION in Limine No. 9 regarding Earlier Invention Date by Counter Claimant Howmedica Osteonics Corp, Defendant Howmedica Osteonics Corp. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Vogler PHV, Gregory) (Entered: 09/10/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                  MOTION in Limine No. 8 regarding Arguments regarding Aware or Look to by Counter Claimant Howmedica Osteonics Corp, Defendant Howmedica Osteonics Corp. (Attachments: # 1 Exhibit 1)(Vogler PHV, Gregory) (Entered: 09/10/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                    MOTION in Limine No. 7 regarding Arguments Contrary to Claim Construction by Counter Claimant Howmedica Osteonics Corp, Defendant Howmedica Osteonics Corp. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Vogler PHV, Gregory) (Entered: 09/10/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 508 Filed: 9/10/2008, Entered: None Motion in Limine
                                                                                                                                                                                                                                                                                                                                                                                                                                                                      MOTION in Limine No. 6 regarding Alleged Failure of Dr Burstein by Counter Claimant Howmedica Osteonics Corp, Defendant Howmedica Osteonics Corp. (Attachments: # 1 Exhibit 1)(Vogler PHV, Gregory) (Entered: 09/10/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                        MOTION in Limine No. 5 regarding Alleged Secondary Considerations by Counter Claimant Howmedica Osteonics Corp, Defendant Howmedica Osteonics Corp. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Vogler PHV, Gregory) (Entered: 09/10/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                          MOTION in Limine No. 4 regarding Prior Art Documents Allegedly Secret by Counter Claimant Howmedica Osteonics Corp, Defendant Howmedica Osteonics Corp. (Vogler PHV, Gregory) (Entered: 09/10/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                            MOTION in Limine regarding Prior Art Allegedly Teaches Away by Counter Claimant Howmedica Osteonics Corp, Defendant Howmedica Osteonics Corp. (Vogler PHV, Gregory) (Entered: 09/10/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                              MOTION in Limine regarding Alleged Physical Combinality by Counter Claimant Howmedica Osteonics Corp, Defendant Howmedica Osteonics Corp. (Vogler PHV, Gregory) (Entered: 09/10/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 503 Filed: 9/10/2008, Entered: None Motion in Limine
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                MOTION in Limine regarding Alleged Purpose of Prior Art by Counter Claimant Howmedica Osteonics Corp, Defendant Howmedica Osteonics Corp. (Attachments: # 1 Exhibit 1)(Vogler PHV, Gregory) (Entered: 09/10/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Proposed Pretrial Order for Phase 2 (Infringement) (as E-mailed to Chambers and Opposing Counsel on 9/8/2008) by Zimmer Technology Inc, Zimmer Inc. (Attachments: # 1 Exhibit A (Zimmer's Exhibit List), # 2 Exhibit B (Howmedica's Exhibit List), # 3 Exhibit C (Zimmer's Witness List), # 4 Exhibit D (Howmedica's Witness List))(Curran, Timothy) (Entered: 09/10/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Proposed Pretrial Order Phase 1 - Invalidity/Validity by Howmedica Osteonics Corp. (Attachments: # 1 Exhibit A - Howmedica's exhibit list, # 2 Exhibit Ex B - Zimmer's exhibit list, # 3 Exhibit Ex C -Zimmer's witness list, # 4 Exhibit Ex D - Howmedica's witness list)(Vogler PHV, Gregory) (Entered: 09/08/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      ORDER deciding 482 Motion for a Ruling Regarding the Admissibility of the Testimony of Dr David Fleiss in favor of Howmedica. Dr Fleiss will be permitted to testify. Zimmer is hereby granted leave to take Dr Fleiss' deposition within a reasonable time before trial. Signed by Judge William C Lee on 9/8/08. (sdf) (Entered: 09/08/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 499 Filed: 9/6/2008, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        DECLARATION OF INABILITY to file Zimmer's witness and exhibits lists [Docs. 493-498] in a timely manner by Zimmer Technology Inc, Zimmer Inc (Curran, Timothy) (Entered: 09/06/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Witness List/Exhibit List (Supplement) Deposition Designation for Phase 2 (Infringement) by Zimmer Technology Inc, Zimmer Inc. (Attachments: # 1 Exhibit A)(Curran, Timothy) (Entered: 09/06/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Witness List/Exhibit List (Supplement) Deposition Designation for Phase 1 (Validity) by Zimmer Technology Inc, Zimmer Inc. (Attachments: # 1 Exhibit A)(Curran, Timothy) (Entered: 09/06/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 493 Filed: 9/6/2008, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Witness List/Exhibit List Witness List for Phase 1 (Validity) by Zimmer Technology Inc, Zimmer Inc. (Curran, Timothy) (Entered: 09/06/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Witness List/Exhibit List Depsoition Designations for Phase 1 (Validity) by Zimmer Technology Inc, Zimmer Inc. (Attachments: # 1 Exhibit A)(Curran, Timothy) (Entered: 09/05/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 491 Filed: 9/5/2008, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Witness List/Exhibit List Deposition Designations for Phase 2 (Infringement) by Zimmer Technology Inc, Zimmer Inc. (Attachments: # 1 Exhibit A)(Curran, Timothy) (Entered: 09/05/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 490 Filed: 9/5/2008, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          TRIAL BRIEF for Phase 2 (Infringement) by Zimmer Technology Inc, Zimmer Inc. (Curran, Timothy) (Entered: 09/05/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 489 Filed: 9/5/2008, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Witness List/Exhibit List Noninfringement Phase - Rule 26(a)(3) Disclosures by Howmedica Osteonics Corp. (Attachments: # 1 Exhibit A - Witness List, # 2 Exhibit B - Dep Designations, # 3 Exhibit C - Trial Exhibit List)(Vogler PHV, Gregory) (Entered: 09/05/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 488 Filed: 9/5/2008, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Witness List/Exhibit List Phase 1 - Invalidity - Rule 26(a)(3) Disclosures by Howmedica Osteonics Corp. (Attachments: # 1 Exhibit A - Witness List, # 2 Exhibit B - Dep Designations, # 3 Exhibit C - Trial Exhibit List)(Vogler PHV, Gregory) (Entered: 09/05/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 487 Filed: 9/5/2008, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                TRIAL BRIEF (Phase 1 - Invalidity) by Howmedica Osteonics Corp. (Vogler PHV, Gregory) (Entered: 09/05/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 486 Filed: 8/29/2008, Entered: None Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  OPINION AND ORDER denying 474 Motion to Strike Expert Report and Exclude Expert Testimony of Proffered Expert Albert H. Burstein, PhD. Signed by Judge William C Lee on 8/29/08. (ksc) (Entered: 09/02/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 485 Filed: 8/28/2008, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    REPLY to Response to Motion re 482 MOTION Howmedica's Motion for a Ruling Regarding the Admissibility of the Testimony of Dr. David Fleiss filed by Howmedica Osteonics Corp. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(Vogler PHV, Gregory) (Entered: 08/28/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 484 Filed: 8/25/2008, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      RESPONSE in Opposition re 482 MOTION Howmedica's Motion for a Ruling Regarding the Admissibility of the Testimony of Dr. David Fleiss filed by Zimmer Technology Inc, Zimmer Inc. (Attachments: # 1 Exhibit A (Howmedica's 8/15/08 Supplemental Responses), # 2 Exhibit B (Howmedica's 6/16/08 Supplemental Initial Disclosures))(Curran, Timothy) (Entered: 08/25/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 483 Filed: 8/22/2008, Entered: None Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        TELEPHONE CONFERENCE held on 8/22/2008 before Judge William C Lee. Pla appeared by atty John LaDue, Timothy Curran. Dft appeared by atty Gregory Vogler, Eligio Pimentel. This cause having been trifurcated for purposes of trial, the court wishes to claify the scheduling the court expects to follow. As established by the court's order 456 trifurcating the case, the first trial, phase 1, on the issue of affirmative defenses will begin on Monday, October 20, 2008, 8:30 a.m. with an estimated length of 4-5 days; if required, dependent upon the verdict returned in the Phase 1 trial, the Phase 2 trial, re the issue of liability/infringement, will begin with a separate jury panel on Monday, October 27, 2008, 8:30 a.m. with an estimated length of 4-5 days. If needed, dependent upon the verdict returned in the Phase 2 trial, the Phase 3 trial, re the issue of damages, will begin on Tuesday, November 11, 2008, at 8:30 a.m., with an estimated length of 4 days. Regarding the pre trial filings required under the Order Controlling the Case, Howmedica shall take the role of plaintiff as it relates to the first trial (affirmative defenses) and Zimmer is the plaintiff in the 2nd and 3rd trials, if needed. The filing deadlines for the pre trial filings as to the affirmative defenses and liability phases track from October 20, 2008, the starting date of the first trial. The filing deadlines for the pre trial filings as to the damages phases track from November 11, 2008, the starting date of the final phase of trial Counsel shall submit 2 separate proposed pre trial orders, on covering the issues as to the affirmative defenses trial and one as to the issues of the liabilities/infringement trial. Counsel are relieved, at this time, of the obligation of submitting a proposed pre trial order as to the damages phase. The deadline for this submission will be established at a later date. The court notes that the defendant filed, on August 21, 2008, a 482 Motion for Ruling re Admissibility of tesitmony of Dr. D. Fleiss. Plaintiff shall file a response no later than August 25, 2008, and defendant will file a reply no later than August 28, 2008(Tape #Port. system CD O.) (lrm) (Entered: 08/22/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 482 Filed: 8/21/2008, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          MOTION Howmedica's Motion for a Ruling Regarding the Admissibility of the Testimony of Dr. David Fleiss by Counter Claimant Howmedica Osteonics Corp, Defendant Howmedica Osteonics Corp. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Vogler PHV, Gregory) (Entered: 08/21/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 481 Filed: 8/19/2008, Entered: None Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            NOTICE of Hearing: Telephonic Status Conference set for 8/22/2008 10:30 AM (Fort Wayne time) before Judge William C Lee. The court will initiate the call to attorneys Liro, LaDue, Curran, Vogler and Pimentel (lrm) (Entered: 08/19/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 480 Filed: 7/28/2008, Entered: None Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              AMENDED ORDER (REISSUED)CONTROLLING THE CASE, reissued to correct clerical errors in 476 Amended Order. Signed by Judge William C Lee on 7/28/08. (lrm) PDF REPLACED 8/22/2008 (lrm). (Entered: 07/28/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                ORDER by Magistrate Judge Roger B Cosbey on 7/15/08, granting 478 Motion for Leave to File surreply; DE 478 , deft's SUR-REPLY in opposition to plaintiff's 474 Motion to Strike Expert Testimony of Dr. Albert Burstein, is considered filed INSTANTER and will be considered by the court in review the plaintiff's motion. (lrm) (Entered: 07/15/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 478 Filed: 7/15/2008, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  MOTION for Leave to File Sur-reply/SUR REPLY re 474 by Defendant Howmedica Osteonics Corp. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Vogler PHV, Gregory) Modified on 7/15/2008 (lrm). (Entered: 07/15/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 477 Filed: 7/14/2008, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    REPLY to Response to Motion re 474 MOTION STRIKE THE EXPERT REPORT AND EXCLUDE EXPERT TESTIMONY OF PROFFERED EXPERT ALBERT H. BURSTEIN, PH.D. filed by Zimmer Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(LaDue, John) (Entered: 07/14/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 476 Filed: 7/9/2008, Entered: None Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      AMENDED ORDER FOR CIVIL TRIAL AND FINAL PRE TRIAL CONFERENCE, Order Controlling the Case. Signed by Judge William C Lee on 7/9/08. (lrm) (Entered: 07/09/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 475 Filed: 6/30/2008, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        BRIEF in Opposition to 474 MOTION STRIKE THE EXPERT REPORT AND EXCLUDE EXPERT TESTIMONY OF PROFFERED EXPERT ALBERT H. BURSTEIN, PH.D. filed by Howmedica Osteonics Corp. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Vogler PHV, Gregory) (Entered: 06/30/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 474 Filed: 6/12/2008, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          MOTION STRIKE THE EXPERT REPORT AND EXCLUDE EXPERT TESTIMONY OF PROFFERED EXPERT ALBERT H. BURSTEIN, PH.D. by Plaintiffs Zimmer Technology Inc, Zimmer Inc. (Attachments: # 1 Exhibit A (Whiteside Invalidity Report), # 2 Exhibit B (Whiteside Noninfringement Report), # 3 Exhibit C (Burstein Invalidity Report), # 4 Exhibit D (5/18/07 Burstein Declaration), # 5 Exhibit E (7/13/07 Burstein Dep.), # 6 Exhibit F (1/16/06 Laskin Prelim Invalidity Report), # 7 Exhibit G (6/1/07 Laskin Suppl. Invalidity Report), # 8 Exhibit H (8/15/07 Laskin Reply to Crowninshield), # 9 Exhibit I (8/15/07 Laskin Reply to Rand))(Curran, Timothy) (Entered: 06/12/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 473 Filed: 5/23/2008, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            The Parties' STIPULATION Regarding Howmedica's Triathlon TS System by Plaintiff Zimmer Inc. (LaDue, John) "termed" for purposes of motion report on 5/29/2008 (lrm). (Entered: 05/23/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 472 Filed: 3/27/2008, Entered: None Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              ORDER denying 458 Motion for Reconsideration. Signed by Judge William C Lee on 3/27/08. (sdf) (Entered: 03/27/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 471 Filed: 3/14/2008, Entered: None Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                ORDER granting 463 Motion for an Order Setting Expert Discovery Deadlines in substance, but setting forth different expert discovery deadlines. Defendant to serve new expert reports that correspond to the opinions previously offered by Dr. Laskin by 5/23/2008. Plaintiff to submit its rebuttal reports by 6/20/2008. Defendant to submit its reply reports by 7/11/2008. Parties have until 7/25/2008 to conduct related expert depositions. Signed by Judge William C Lee on 3/14/08. (ksc) (Entered: 03/14/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 470 Filed: 2/18/2008, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  REPLY to Response to Motion re 463 MOTION for an Order Setting Expert Discovery Deadlines filed by Howmedica Osteonics Corp. (Vogler PHV, Gregory) (Entered: 02/18/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 469 Filed: 2/4/2008, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    RESPONSE to Motion re 463 MOTION for an Order Setting Expert Discovery Deadlines filed by Zimmer Technology Inc, Zimmer Inc. (Curran, Timothy) (Entered: 02/04/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 468 Filed: 2/3/2008, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      NOTICE by Zimmer Technology Inc, Zimmer Inc of Change of Firm Affiliation of Local Counsel (Curran, Timothy) (Entered: 02/03/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 467 Filed: 2/1/2008, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        REPLY to Response to Motion re 458 MOTION for Reconsideration re 455 Order on Motion for Miscellaneous Relief,,,,,,,,,,,,,,,,,, Order on Motion in Limine,, Excluding Expert Testimony Relating to Whether Morse Tapers and Threads are Equivalent Structures Under 35 MOTION for Reconsideration re 455 Order on Motion for Miscellaneous Relief,,,,,,,,,,,,,,,,,, Order on Motion in Limine,, Excluding Expert Testimony Relating to Whether Morse Tapers and Threads are Equivalent Structures Under 35 filed by Howmedica Osteonics Corp. (Vogler PHV, Gregory) (Entered: 02/01/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Legal Document (Payment Possibly Required) 466 Filed: 1/18/2008, Entered: None Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          ORDER GRANTING 462 Application to Appear Pro Hac Vice of Attorney David K Callahan PHV for Zimmer Inc. Signed by Judge Roger B Cosbey on 1/18/08. (jcp) (Entered: 01/23/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Legal Document (Payment Possibly Required) 465 Filed: 1/22/2008, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            NOTICE by Zimmer Technology Inc, Zimmer Inc of Withdrawal of Appearance of Shuaib A. Atique (Curran, Timothy) (Entered: 01/22/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Legal Document (Payment Possibly Required) 464 Filed: 1/18/2008, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              AFFIDAVIT of Gregory J. Vogler re 463 MOTION for an Order Setting Expert Discovery Deadlines by Howmedica Osteonics Corp. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5)(Vogler PHV, Gregory) (Entered: 01/18/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Legal Document (Payment Possibly Required) 463 Filed: 1/18/2008, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                MOTION for an Order Setting Expert Discovery Deadlines by Counter Claimant Howmedica Osteonics Corp, Defendant Howmedica Osteonics Corp. (Vogler PHV, Gregory) (Entered: 01/18/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 462 Filed: 1/18/2008, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  APPLICATION for Attorney David K. Callahan to Appear Pro Hac Vice on behalf of Zimmer, Inc. ; Receipt #155425. (jcp) (Entered: 01/18/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 461 Filed: 1/18/2008, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    RESPONSE in Opposition re 458 MOTION for Reconsideration re 455 Order on Motion for Miscellaneous Relief,,,,,,,,,,,,,,,,,, Order on Motion in Limine,, Excluding Expert Testimony Relating to Whether Morse Tapers and Threads are Equivalent Structures Under 35 MOTION for Reconsideration re 455 Order on Motion for Miscellaneous Relief,,,,,,,,,,,,,,,,,, Order on Motion in Limine,, Excluding Expert Testimony Relating to Whether Morse Tapers and Threads are Equivalent Structures Under 35 filed by Zimmer Technology Inc, Zimmer Inc. (Curran, Timothy) (Entered: 01/18/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 460 Filed: 1/9/2008, Entered: None Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      SETTLEMENT CONFERENCE held on 1/9/2008 before Judge Roger B Cosbey w/o resolution. Plaintiff appeared by B Hales, D LaDue, D Callahan. Defendant appeared by T Malloy, E Pimentel, R Palmer. (wsy) (Entered: 01/10/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        STATUS CONFERENCE held on 1/9/2008 before Judge William C Lee. Pla appeared by attys Bryan Hales, David Callahan and John Ladue. Dft appeared by attys Timothy Malloy, Eligio Pimentel and Robert Palmer. Phase 1 Jury Trial RESET for 10/20/2008 08:30 AM in Fort Wayne before Judge William C Lee; Final Pretrial Conference RESET for 9/15/2008 02:00 PM in Fort Wayne before Judge William C Lee; Trial Management Conference RESET for 10/16/2008 01:30 PM in Fort Wayne before Judge William C Lee. Phase 2 Jury Trial SET for 11/11/08 at 08:30 AM in Fort Wayne before Judge William C Lee. Phase 3 trial will be set, if appropriate, after phase 1 and 2 have been completed. Counsel are reminded that all of the requirements for pre-trial filings under the Order Controlling the case shall apply separately to each phase of trial.(Tape #Port. System CD K.) (jcp) (Entered: 01/09/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          MOTION for Reconsideration re 455 Order Excluding Expert Testimony Relating to Whether Morse Tapers and Threads are Equivalent Structures Under 35 USC, Section 112, Paragraph 6 by Counter Claimant Howmedica Osteonics Corp, Defendant Howmedica Osteonics Corp. (Vogler PHV, Gregory) Modified text on 1/8/2008 (ksc). (Entered: 01/07/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            MEMORANDUM, OPINION AND ORDER granting in part and denying in part 372 Motion for Summary Judgment; denying 388 Motion for Summary Judgment of No Willful Infringement; granting in part and denying in part 400 Motion for Partial Summary Judgment; denying 440 Motion to Strike. Signed by Judge William C Lee on 1/4/08. (ksc) Modified on 1/7/2008 to correct title of order(kds). (Entered: 01/04/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              ORDER trifurcating case into three phases with each trial to a different jury: (1) invalidity, (2) non-infringement, and (3) damages and willful infringement. The first trial to begin on 3/18/2008 at 8:30 AM in Fort Wayne before Judge William C Lee. Signed by Judge William C Lee on 1/3/08. (ksc) (Entered: 01/03/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                ORDER granting in part and denying in part 296 Motion to Exclude Testimony of Charles Donohoe; denying 298 Motion to Exclude Testimony of Keith Bowman; granting in part and denying in part 299 , 331 Motion to Exclude Testimony by Howmedica's Expert Witnesses; denying 392 Motion to Exclude Testimoy of Roy Crowninshield; denying 394 Motion to Exclude Louis Dudney's Unsupported Damages Opinions; granting 396 Motion to Exclude Testimony of James Rand; granting in part and denying in part 403 Supplemental Motion in Limine. Signed by Judge William C Lee on 1/2/08. (ksc) (Entered: 01/02/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  NOTICE of Hearing; counsel are directed to appear in the chambers of Judge William C Lee at 10:00 a.m. on 1/9/2008 (Eastern time) for a status and trial management conference. (lrm) (Entered: 01/02/2008)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    REPLY to Response to Motion re 440 MOTION Requesting that the Court Strike the Improper and Inadmissible Opinion Testimony that Howmedica Cited and Relied Upon in its Opposition to Zimmer's Motion for Partial Summary Judgment re 429 Brief in Opposition to Zimmer's Motion MOTION Requesting that the Court Strike the Improper and Inadmissible Opinion Testimony that Howmedica Cited and Relied Upon in its Opposition to Zimmer's Motion for Partial Summary Judgment re 429 Brief in Opposition to Zimmer's Motion filed by Zimmer Technology Inc, Zimmer Inc. (Attachments: # 1 Exhibit A (excerpts from transcript of 7/13/07 Burstein dep))(Curran, Timothy) (Entered: 12/20/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      SUR REPLY in Opposition re 388 MOTION for Summary Judgment of No Willful Infringement filed by Zimmer Technology Inc. (lrm) (Entered: 12/18/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        ENTRY for Judge Roger B Cosbey on 12/18/07 granting Plaintiff's 448 Motion for Leave to File Surreply re 388 Howmedica's Motion for Summary Judgment of No Willful Infringement; the clerk is directed to upload to the docket the surreply attached to the plaintiff's motion. (lrm) (Entered: 12/18/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          ZIMMER'S RESPONSE TO THE COURT'S PROPOSAL TO TRIFURCATE by Zimmer Technology Inc, Zimmer Inc. (Curran, Timothy) (Entered: 12/17/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            STATEMENT : Howmedica's Comments Regarding The Court's Proposal for Trifucation regarding 443 Motion Hearing,,,,,. (Vogler PHV, Gregory) (Entered: 12/17/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              MOTION for Leave to File Sur-reply in Opposition to 388 Howmedica's Motion for Summary Judgment of No Willful Infringement by Plaintiffs Zimmer Technology Inc, Zimmer Inc. (Attachments: # 1 Exhibit A (Zimmer's Sur-reply in Opposition to Howmedica's Motion for Summary Judgment of No Willful Infringement))(Curran, Timothy) Modified to correct link on 12/18/2007 (ksc). (Entered: 12/17/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                AFFIDAVIT of Gregory J. Vogler re 446 Brief in Opposition,, to Zimmer's Motion to Strike Testimony of Dr. Albert Burstein by Howmedica Osteonics Corp. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Vogler PHV, Gregory) (Entered: 12/14/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  BRIEF in Opposition to 440 MOTION Requesting that the Court Strike the Improper and Inadmissible Opinion Testimony that Howmedica Cited and Relied Upon in its Opposition to Zimmer's Motion for Partial Summary Judgment re 429 Brief in Opposition to Zimmer's Motion MOTION Requesting that the Court Strike the Improper and Inadmissible Opinion Testimony that Howmedica Cited and Relied Upon in its Opposition to Zimmer's Motion for Partial Summary Judgment re 429 Brief in Opposition to Zimmer's Motion filed by Howmedica Osteonics Corp. (Vogler PHV, Gregory) (Entered: 12/14/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    ORDER FOR SETTLEMENT CONFERENCE:Settlement Conference set for 1/9/2008 08:30 AM (Fort Wayne Time) in Fort Wayne before Magistrate Judge Roger B Cosbey.. Signed by Judge Roger B Cosbey on 12/12/07. (sdf) (Entered: 12/12/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      TRANSCRIPT of Motions held on December 5, 2007 before Judge William C. Lee. Court Reporter: Jean A. Knepley. (jcp) (Entered: 12/06/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        MOTION HEARING held on 12/5/2007 re pending Daubert Motions 296 , 331 / 299 , 298 , 392 , 394 , 396 before Judge William C Lee. Pla appeared by atty B. Hales, C. Liro, M.Pals, J. LaDue. Dft appeared by atty E. Pimentel, C. Scharff, R. Palmer. Court hears argument from counsel re pending motions. Motions are taken under advisement. If court has questions re pending S/J Motions, a tele conf with counsel may be set to address such questions. Court advises counsel of his consideration of trifurcating the issues and conducting 3 trials, if needed, on sep issues of affirmative defense, infringement (these 2 trials to be on consecutive weeks, but to separate juries), and finally damages/willfulness, which would be set, if needed a few months after the conclusion of the 2nd trial. Counsel may submit comments re this proposal in writing within 10 days. If the court proceeds in this fashion, then the the final ptc set for 1/22/08 will concern the first 2 trials, and the court would request separate proposed pre trial orders and separate statements of the case. Counsel are directed to continue to attempt to schedule a settlement conference with Magistrate Judge Christopher Nuechterlein, but if they are unable to do so, they should consider trying to schedule such conf with Magistrate Judge Roger Cosbey. The court orders the court reporter to prepare and file a transcript of today's hearing ASAP. (Court Reporter Jean Knepley.)(lrm) (Entered: 12/05/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          CERTIFICATE OF SERVICE by Howmedica Osteonics Corp re 441 Amended Document, for Corrected Exhibits 1-2 in support of the Declaration of Gregory J. Vogler in support of Howmedica's Reply in support of its Motion for Summary Judgment of No Willful Infringement (Vogler PHV, Gregory) (Entered: 12/05/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            AMENDED EXHIBIT 1 by Howmedica Osteonics Corp. Amendment to 439 Affidavit of Gregory J. Vogler in support of Howmedica's Reply in support of its motion for summary judgment of no willful infringement. (Attachments: # 1 Exhibit 2)(Vogler PHV, Gregory) Modified text on 12/6/2007 (ksc). (Entered: 12/05/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              MOTION Requesting that the Court Strike the Improper and Inadmissible Opinion Testimony that Howmedica Cited and Relied Upon in its Opposition to Zimmer's Motion for Partial Summary Judgment re 429 Brief in Opposition to Zimmer's Motion for Partial Summary Judgment on Howmedica's Invalidity Defense by Plaintiff Zimmer Inc. (LaDue, John) (Entered: 12/04/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                AFFIDAVIT of Gregory J. Vogler re 438 Reply to Response to Motion for Summary Judgment of No Willful Infringement by Howmedica Osteonics Corp. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Vogler PHV, Gregory) (Entered: 12/04/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 438 Filed: 12/4/2007, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  REPLY to Response to Motion re 388 MOTION for Summary Judgment of No Willful Infringement filed by Howmedica Osteonics Corp. (Vogler PHV, Gregory) (Entered: 12/04/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    REPLY to Response to Motion re 400 MOTION for Partial Summary Judgment on Howmedica's Invalidity Defense and Counterclaim filed by Zimmer Technology Inc, Zimmer Inc. (Attachments: # 1 Exhibit N (selected docs produced by Howmedica))(Curran, Timothy) (Entered: 12/04/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      AFFIDAVIT of Timothy M. Curran re 435 Reply to Response to Motion by Zimmer Technology Inc, Zimmer Inc. (Attachments: # 1 Exhibit A (Excerpts from A. Burstein Dep. Transcript)# 2 Exhibit B (Excerpts from W. Korzenietz Dep. Transcript))(Curran, Timothy) (Entered: 11/29/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        REPLY to Response to Motion re 403 MOTION in Limine filed by Zimmer Technology Inc, Zimmer Inc. (Curran, Timothy) (Entered: 11/29/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          AFFIDAVIT of Gregory J. Vogler re 433 Reply to Response to Motion for Summary Judgment of Invalidity by Howmedica Osteonics Corp. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Vogler PHV, Gregory) (Entered: 11/27/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            REPLY to Response to Motion re 372 MOTION for Summary Judgment of Invalidity filed by Howmedica Osteonics Corp. (Vogler PHV, Gregory) (Entered: 11/27/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              ENTRY for Judge William C. Lee on 11/27/07, clarifying the entry made at the conclusion of the 11/2/07 telephone status conference with counsel; in addition to the other deadlines established at that 11/2/07 conference, counsel were encouraged to contact the chambers of Magistrate Judge Christopher Nuechterlein to schedule a settlement conference. (lrm) (Entered: 11/27/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                AFFIDAVIT re 430 Response/Reply, 429 Brief in Opposition to Zimmer's Motion for Partial Summary Judgment by Howmedica Osteonics Corp. (Attachments: # 1 Exhibit 1# 2 Exhibit 2 - Part 1# 3 Exhibit 2 - Part 2# 4 Exhibit 3# 5 Exhibit 4# 6 Exhibit 5# 7 Exhibit 6# 8 Exhibit 7# 9 Exhibit 8# 10 Exhibit 9# 11 Exhibit 10# 12 Exhibit 11# 13 Exhibit 12# 14 Exhibit 13# 15 Exhibit 14# 16 Exhibit 15# 17 Exhibit 16)(Vogler PHV, Gregory) (Entered: 11/24/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  HOWMEDICA'S RESPONSE TO ZIMMER'S NOVEMBER 9, 2007 STATEMENT OF MATERIAL FACTS by Howmedica Osteonics Corp to 402 Notice of Manual Filing,. (Vogler PHV, Gregory) (Entered: 11/24/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    BRIEF in Opposition to 400 MOTION for Partial Summary Judgment on Howmedica's Invalidity Defense and Counterclaim filed by Howmedica Osteonics Corp. (Vogler PHV, Gregory) (Entered: 11/24/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      AFFIDAVIT of Charles Donohoe re 426 Response in Opposition to Motion,,, by Zimmer Technology Inc, Zimmer Inc. (Attachments: # 1 Exhibit 1 (1/16/05 Report)# 2 Exhibit 2 (3/2/06 Report)# 3 Exhibit 3 (8/15/07 Report)# 4 Exhibit 4 (9/10/07 Report))(Curran, Timothy) (Entered: 11/24/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        STATEMENT of Genuine Issues re 426 Response in Opposition to Motion, Zimmer's Statement of Genuine Issues by Zimmer Technology Inc, Zimmer Inc. (Curran, Timothy) Modified text on 11/26/2007 (ksc). (Entered: 11/24/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          RESPONSE in Opposition re 388 MOTION for Summary Judgment of No Willful Infringement filed by Zimmer Technology Inc, Zimmer Inc. (Attachments: # 1 Exhibit A (selected docs produced by Howmedica) (Part 1)# 2 Exhibit A (selected docs produced by Howmedica) (Part 2)# 3 Exhibit A (selected docs produced by Howmedica) (Part 3)# 4 Exhibit A (selected docs produced by Howmedica) (Part 4)# 5 Exhibit A (selected docs produced by Howmedica) (Part 5)# 6 Exhibit B (selected docs produced by Zimmer)# 7 Exhibit C (excerpts from Augustin Dep. Transcript)# 8 Exhibit D (excerpts from Zarnowski Dep. Transcript)# 9 Exhibit E (excerpts from Poggie Dep. Transcript)# 10 Exhibit F (excerpts from Pezzner Dep. Transcript)# 11 Exhibit G (excerpts from Kvitnitsky Dep. Transcript))(Curran, Timothy) (Entered: 11/24/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            AFFIDAVIT of Timothy M. Curran re 424 Response in Opposition to Motion by Zimmer Technology Inc, Zimmer Inc. (Attachments: # 1 Exhibit A (Document - HM 44340)# 2 Exhibit B (7/27/07 Crowninshield Report)# 3 Exhibit C (8/15/07 Laskin Report (Excerpts))# 4 Exhibit D (1/16/06 Crowninshield Report (Excerpts))# 5 Exhibit E (Document - HM 44383)# 6 Exhibit F (7/30/07 W. Korzenietz Dep. (Excerpt)))(Curran, Timothy) (Entered: 11/19/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              RESPONSE in Opposition re 392 MOTION to Exclude Testimony of Roy Crowninshield filed by Zimmer Technology Inc, Zimmer Inc. (Curran, Timothy) (Entered: 11/19/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                AFFIDAVIT of Timothy M. Curran re 422 Response in Opposition to Motion by Zimmer Technology Inc, Zimmer Inc. (Attachments: # 1 Exhibit A (9/10/07 Rand Supplement) (Part 1)# 2 Exhibit A (9/10/07 Rand Supplement) (Part 2)# 3 Exhibit A (9/10/07 Rand Supplement) (Part 3)# 4 Exhibit A (9/10/07 Rand Supplement) (Part 4)# 5 Exhibit B (6/1/07 Rand Report) (Part 1)# 6 Exhibit B (6/1/07 Rand Report) (Part 2)# 7 Exhibit B (6/1/07 Rand Report) (Part 3)# 8 Exhibit B (6/1/07 Rand Report) (Part 4)# 9 Exhibit B (6/1/07 Rand Report) (Part 5)# 10 Exhibit C (7/20/07 Jaffe Report))(Curran, Timothy) (Entered: 11/19/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  RESPONSE in Opposition re 396 MOTION to Exclude Testimony of James A. Rand filed by Zimmer Technology Inc, Zimmer Inc. (Curran, Timothy) (Entered: 11/19/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    AFFIDAVIT of Gregory J. Vogler re 420 Brief in Opposition to Zimmer's Supplemental Motion to Preclude Testimony by Howmedica's Expert Witnesses by Howmedica Osteonics Corp. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7 (Part A)# 8 Exhibit 7 (Part B)# 9 Exhibit 8# 10 Exhibit 9# 11 Exhibit 10# 12 Exhibit 11# 13 Exhibit 12# 14 Exhibit 13# 15 Exhibit 14 (Part A)# 16 Exhibit 14 (Part B)# 17 Exhibit 15# 18 Exhibit 16# 19 Exhibit 17# 20 Exhibit 18# 21 Exhibit 19# 22 Exhibit 20# 23 Exhibit 21# 24 Exhibit 22# 25 Exhibit 23# 26 Exhibit 24# 27 Exhibit 25# 28 Exhibit 26)(Vogler PHV, Gregory) (Entered: 11/19/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      BRIEF in Opposition to 403 MOTION in Limine Zimmer's Supplemental Motion to Preclude Testimony by Howmedica's Expert Witnesses filed by Howmedica Osteonics Corp. (Vogler PHV, Gregory) (Entered: 11/19/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        AFFIDAVIT of Timothy M. Curran re 418 Response in Opposition to Motion by Zimmer Technology Inc, Zimmer Inc. (Attachments: # 1 Exhibit B (1/16/06 Dudney Report) (Part 1)# 2 Exhibit B (1/16/06 Dudney Report) (Part 2)# 3 Exhibit B (1/16/06 Dudney Report) (Part 3)# 4 Exhibit C (4/24/06 Dudney Report)# 5 Exhibit D (6/1/07 Dudney Report)# 6 Exhibit E (7/20/07 Jaffe Report)# 7 Exhibit F (3/2/06 Dudney Report)# 8 Exhibit A (Document - HM25325-HM25326)# 9 Exhibit G (5/26/06 Dudney Report))(Curran, Timothy) (Entered: 11/19/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          RESPONSE in Opposition re 394 MOTION to Exclude Mr. Louis Dudney's Unsupported Damages Opinions filed by Zimmer Technology Inc, Zimmer Inc. (Curran, Timothy) (Entered: 11/19/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            AFFIDAVIT of Timothy M. Curran re 416 Response in Opposition to Motion by Zimmer Technology Inc, Zimmer Inc. (Attachments: # 1 Exhibit A (1/16/06 Donohoe Report)# 2 Exhibit B (3/2/06 Supplemental Donohoe Report)# 3 Exhibit C (9/10/07 Supplemental Donohoe Report))(Curran, Timothy) (Entered: 11/19/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              RESPONSE in Opposition re 296 MOTION to Exclude the Testimony of Charles Donohoe and re 398 Supplement filed by Zimmer Technology Inc, Zimmer Inc. (Curran, Timothy) (Entered: 11/19/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                AFFIDAVIT of Dr. James Rand re 413 Amended Document,,,, Exhibit B to Zimmer's Memorandum in Opposition to Howmedica's 10/23/07 Summary Judgment Motion 413 by Zimmer Technology Inc, Zimmer Inc. (Attachments: # 1 Exhibit 1 (9/10/07 Expert Report of Dr. Rand) (Part A)# 2 Exhibit 1 (9/10/07 Expert Report of Dr. Rand) (Part B)# 3 Exhibit 1 (9/10/07 Expert Report of Dr. Rand) (Part C)# 4 Exhibit 1 (9/10/07 Expert Report of Dr. Rand) (Part D)# 5 Exhibit 2 (cited documents)# 6 Exhibit 3 (documents relating to the Insall-Burstein II system) (Part A)# 7 Exhibit 3 (documents relating to the Insall-Burstein II system) (Part B)# 8 Exhibit 4 (excerpt from the 6/1/07 Expert Report of Dr. Rand))(Curran, Timothy) (Entered: 11/18/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  AFFIDAVIT of Dr. Roy Crowninshield re 413 Amended Document,,,, Exhibit B to Zimmer's Memorandum in Opposition to Howmedica's 10/23/07 Summary Judgment Motion 413 by Zimmer Technology Inc, Zimmer Inc. (Attachments: # 1 Exhibit 1 (7/27/07 Expert Report of Dr. Crownshield)# 2 Exhibit 2 (cited documents)# 3 Exhibit 3 (documents relating to the Insall-Burstein II system) (Part A)# 4 Exhibit 3 (documents relating to the Insall-Burstein II system) (Part B)# 5 Exhibit 4 (excerpt from the 1/16/06 Expert Report of Dr. Crowninshield))(Curran, Timothy) (Entered: 11/18/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    AMENDED DOCUMENT by Zimmer Technology Inc, Zimmer Inc. Amendment to 410 Response in Opposition to Motion, 411 Appendix (Zimmer's Response in Opposition to Howmedica's 10/23/07 Summary Judgment Motion 372 , along with Appendix and Exhibits Thereto) [REPLACING 410 and 411]. (Attachments: # 1 Exhibit A (U.S. Patent No. 5,290,313)# 2 Exhibit D (excerpts from 1/11/2006 Deposition Transcript of Todd Davis)# 3 Exhibit E (Declaration of Dudney)# 4 Appendix Zimmer's Statement of Genuine Issues# 5 Exhibit F (2/22/06 Declaration of Paul Daniel)# 6 Exhibit G (Documents produced with "HM" bates range)# 7 Exhibit H (Documents produced with "ZIM" bates range)# 8 Exhibit I (excerpts from 7/13/2007 Deposition Transcript of Dr. Albert Burstein)# 9 Exhibit J (excerpts from 5/30/2007 Deposition Transcript of Willie Korzenietz)# 10 Exhibit K (8/1/06 Declaration of Dr. Wright)# 11 Exhibit L (5/18/2007 Declaration of Dr. Albert Burstein)# 12 Exhibit M (U.S. Patent No. 4,963,853)# 13 Exhibit N (U.S. Patent No. 4,106,128)# 14 Exhibit O (U.S. Patent No. 4,950,297))(Curran, Timothy) (Entered: 11/18/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      DECLARATION OF INABILITY to file Zimmer's Memorandum in Opposition to Howmedica's October 23, 2007 Motion for Summary Judgment of Invalidity of Claims 1-4, 6, 8, 9, 13, 14, 16 and 17 of the '313 Patent and Noninfringement of Claims 5, 7, 10-12, and 15 of the '313 Patent, along with the exhibits and an Appendix thereto in a timely manner by Zimmer Technology Inc, Zimmer Inc (Curran, Timothy) (Entered: 11/18/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        (REPLACED BY DE 413 ) APPENDIX to 410 Response in Opposition to Motion : Zimmer's Statement of Genuine Issues by Zimmer Technology Inc, Zimmer Inc. (Curran, Timothy) Modified on 11/19/2007 (lrm). (Entered: 11/18/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          (REPLACED BY DE 413 ) RESPONSE in Opposition re 372 MOTION for Summary Judgment filed by Zimmer Technology Inc, Zimmer Inc. (Curran, Timothy) Modified on 11/19/2007 (lrm). (Entered: 11/18/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            STATEMENT Zimmer's Summary of Disputes Regarding Patent Issues. (Curran, Timothy) (Entered: 11/16/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              STATEMENT Howmedica's Summary of the Case. (Vogler PHV, Gregory) (Entered: 11/16/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                ORDER signed by Judge William C Lee on 11/14/07. This cause came before the crt this date for a tele conf with cnsl, at which the crt discussed with cnsl the issue of setting the security level of this case so that docs may only be viewed by court users and case participants. This case involves a complaint for Patent Infringement. On 6/4/05, pltfs filed a Mot for Protective Order pursuant to FRCP 26(c), req the Crt to enter a protective order to ensure the security of confidential and sensitive business information during the disc process, and to expedite the parties efforts to advance this litigation. On 06/27/05 this motn was granted by Mag. Judge Christopher Nuechterlein, and the Protective Order was entered. Since that time, counsel have submitted numerous docs manually purs to this protective order. Cnsl have today agreed that the setting of the security level of the case so that it may be accessed by court users and case participants only would allow cnsl to electronically file docs protected by the terms of the Protective Order, and would thus eliminate the need for manual filing of paper docs. Accordingly, the court now directs the Clerk to reset the security level of this case so that the docs herein may be accessed by court users and case participants only. Further, at the conclusion of this case, or prior thereto if deemed appropriate, the court may issue an order advising cnsl that the general restriction on the case will be removed, allowing cnsl an oppor to show cause why individual docs should remain restricted from public view.(lrm) (Entered: 11/14/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  TELEPHONE CONFERENCE held on 11/14/2007 before Judge William C Lee. Pla appeared by atty M. Pals, T. Curran. Dft appeared by atty E. Pimentel. With the agreement of counsel, court will direct the clerk to electronically restrict access to documents in this case to court users and case participants. Order will issue (Tape #CD J - portable system.) (lrm) (Entered: 11/14/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    NOTICE of Hearing: Telephone Conference set for 11/14/2007 09:30 AM Eastern Time in Fort Wayne before Judge William C Lee. The court will initiate the call to counsel(lrm) (Entered: 11/13/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      NOTICE OF MANUAL FILING of Zimmer's Memorandum in Support of Its Supplemental 403 Motion to Preclude Testimony by Howmedica's Expert Witnesses by Zimmer Technology Inc, Zimmer Inc (Curran, Timothy) Modified on 11/14/2007 (lrm). (Entered: 11/09/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        NOTICE OF MANUAL FILING of Zimmer's Supplemental Motion (orig mot is 299 to Preclude Testimony by Howmedica's Expert Witnesses by Zimmer Technology Inc, Zimmer Inc (Curran, Timothy) Modified on 11/14/2007 (lrm). (Entered: 11/09/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          NOTICE OF MANUAL FILING of Appendix to Zimmer's Memorandum in Support of Its November 9, 2007 400 Motion for Partial Summary Judgment on Howmedica's Invalidity Defense and Counterclaim: Statement of Material Facts by Zimmer Technology Inc, Zimmer Inc (Curran, Timothy) Modified on 11/14/2007 (lrm). (Entered: 11/09/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            NOTICE OF MANUAL FILING of Zimmer's Memorandum in Support of Its November 9, 2007 400 Motion for Partial Summary Judgment on Howmedica's Invalidity Defense and Counterclaim by Zimmer Technology Inc, Zimmer Inc (Curran, Timothy) Modified on 11/14/2007 (lrm). (Entered: 11/09/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              MOTION for Partial Summary Judgment on Howmedica's Invalidity Defense and Counterclaim by Plaintiffs Zimmer Technology Inc, Zimmer Inc.Response to be filed by 12/13/2007 (Curran, Timothy) (Entered: 11/09/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                AFFIDAVIT of Gregory J. Vogler re 398 Supplement to 296 Motion to Exclude the Testimony of Charles Donohoe by Howmedica Osteonics Corp. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3)(Vogler PHV, Gregory) Modified on 11/14/2007 (lrm). (Entered: 11/09/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  SUPPLEMENT to 296 MOTION to Exclude the Testimony of Charles Donohoe filed by Howmedica Osteonics Corp. (Vogler PHV, Gregory) (Entered: 11/09/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    AFFIDAVIT of Gregory J. Vogler re 396 MOTION to Exclude Testimony of James A. Rand by Howmedica Osteonics Corp. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9)(Vogler PHV, Gregory) (Entered: 11/09/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      MOTION to Exclude Testimony of James A. Rand by Defendant Howmedica Osteonics Corp. (Vogler PHV, Gregory) (Entered: 11/09/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        AFFIDAVIT of Gregory J. Vogler re 394 MOTION to Exclude Mr. Louis Dudney's Unsupported Damages Opinions by Howmedica Osteonics Corp. (Attachments: # 1 Exhibit 1-7# 2 Exhibit 8# 3 Exhibit 9# 4 Exhibit 10-16)(Vogler PHV, Gregory) (Entered: 11/09/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          MOTION to Exclude Mr. Louis Dudney's Unsupported Damages Opinions by Defendant Howmedica Osteonics Corp. (Vogler PHV, Gregory) (Entered: 11/09/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            AFFIDAVIT of Gregory J. Vogler re 392 MOTION to Exclude Testimony of Roy Crowninshield by Howmedica Osteonics Corp. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4)(Vogler PHV, Gregory) (Entered: 11/09/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              MOTION to Exclude Testimony of Roy Crowninshield by Defendant Howmedica Osteonics Corp. (Vogler PHV, Gregory) (Entered: 11/09/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                AFFIDAVIT of Gregory J. Vogler re 388 MOTION for Summary Judgment of No Willful Infringement, 389 Memorandum in Support, 390 Statement of Undisputed Material Facts by Howmedica Osteonics Corp. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7)(Vogler PHV, Gregory) (Entered: 11/09/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  STATEMENT of Undisputed Material Facts re 388 MOTION for Summary Judgment of No Willful Infringement, 389 Memorandum in Support filed by Howmedica Osteonics Corp. (Vogler PHV, Gregory) (Entered: 11/09/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    MEMORANDUM in Support of 388 MOTION for Summary Judgment of No Willful Infringement filed by Howmedica Osteonics Corp. (Vogler PHV, Gregory) (Entered: 11/09/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      MOTION for Summary Judgment of No Willful Infringement by Defendant Howmedica Osteonics Corp.Response to be filed by 12/13/2007 (Vogler PHV, Gregory) (Entered: 11/09/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        NOTICE OF MANUAL FILING of Unredacted Motion to Exclude Mr. Louis Dudney's Unsupported Damages Opinions, and Exhibits 1-7 and 10-16 to the 394 Declaration of Gregory J. Vogler in Support of Howmedica's Motion to Exclude Mr. Louis Dudney's Unsupported Damages Opinions by Howmedica Osteonics Corp (Vogler PHV, Gregory) Modified on 11/14/2007 (lrm). (Entered: 11/09/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          NOTICE OF MANUAL FILING of Unredacted 396 Motion to Exclude Testimony of Dr. James A. Rand, and Exhibits 2, 4, 5 and 8 to the Declaration of Gregory J. Vogler in Support of Howmedica's Motion to Exclude Testimony of Dr. James A. Rand by Howmedica Osteonics Corp (Vogler PHV, Gregory) Modified on 11/14/2007 (lrm). (Entered: 11/09/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            NOTICE OF MANUAL FILING of Exhibit 2 to the Declaration of Gregory J. Vogler in Support of Howmedica's 296 Motion to Exclude the Expert Report and Testimony of Charles Donohoe by Howmedica Osteonics Corp (Vogler PHV, Gregory) Modified on 11/14/2007 (lrm). (Entered: 11/09/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              NOTICE OF MANUAL FILING of Exhibits 3, 5 and 6 to Declaration of Gregory J. Vogler in Support of Howmedica's 388 Motion for Summary Judgment of No Willful Infringement by Howmedica Osteonics Corp (Vogler PHV, Gregory) Modified on 11/14/2007 (lrm). (Entered: 11/09/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                ORDER GRANTING 381 Application to Appear Pro Hac Vice of Attorney Timothy J Malloy PHV for Howmedica Osteonics Corp. Signed by Judge Roger B Cosbey on 11/6/07. (jcp) (Entered: 11/07/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  APPLICATION for Attorney Timothy J Malloy to Appear Pro Hac Vice on behalf of Howmedica Osteonics Corp. ; Receipt #155112. (jcp) (Entered: 11/06/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    NOTICE TO COUNSEL: Counsel are advised that this file will now be housed in the Fort Wayne divison of the court; the manual submission of those documents submitted by Notice of Manual Filing pursuant to the Protective Order in this case shall be submitted directly to the Fort Wayne division, rather than the South Bend division (lrm) (Entered: 11/02/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      TELEPHONE STATUS AND SCHEDULING CONFERENCE held on 11/2/2007 before Judge William C Lee. Pla appeared by atty B. Hales, C. Liro, J. LaDue. Dft appeared by atty G. Vogler, E. Pimentel, R. Palmer. Court confirms that motions DE 296 , 298 and 299 are fully briefed and pending before the court. Also filed on 10/23/07 is deft s/j mot DE 372 ; responses this motion to be filed by 15 days from today, reply 10 CALENDAR days thereafter; any additional s/j motions to be filed by 11/9/07, with responses due 15 days thereafter and replies 10 CALENDAR days thereafter. Any additional DAUBERT motions shall be filed by 11/9/07,with responses due 10 CALENDAR days thereafter. Motion Hearing on all pending motions is set for 12/5/2007 10:00 AM in Fort Wayne before Judge William C Lee. The deadline for the filing of the proposed final pre trial order is EXTENDED to 1/14/08; Final Pretrial Conference set for 1/22/2008 01:30 PM in Fort Wayne before Magistrate Judge Roger B Cosbey (scheduling order/order controlling the case attached herewith); Trial Management Conference set for 3/11/2008 10:30 AM in Fort Wayne before Judge William C Lee.; Jury Trial (estimated length 2 weeks) set for 3/18/2008 08:30 AM in Fort Wayne before Judge William C Lee. Counsel are requested to submit, within 14 days, a brief summary and/or chart detailing the disputes at issue in this case regarding the patents.(Tape #Port. system CD - J.) (lrm) Modified on 12/3/2007 (lrm). (Entered: 11/02/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        NOTICE OF MANUAL FILING of Exhibit 12 to the Declaration of Gregory J. Vogler in Support of Howmedica's Case-Dispositive Motion for Summary Judgment of Invalidity of U.S. Patent No. 5,290,313 Claims 1-4, 6, 8-9, 13-14, and 16-17, and Noninfringement of Claims 5-7, 10-12 and 15 by Howmedica Osteonics Corp (Vogler PHV, Gregory) (Entered: 10/24/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          AFFIDAVIT re 372 MOTION for Summary Judgment, 373 Memorandum in Support, 374 Statement by Howmedica Osteonics Corp. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3 - Part 1# 4 Exhibit 3 - Part 2# 5 Exhibit 3 - Part 3# 6 Exhibit 4# 7 Exhibit 5# 8 Exhibit 6# 9 Exhibit 7# 10 Exhibit 8# 11 Exhibit 9# 12 Exhibit 10# 13 Exhibit 11 - Part 1# 14 Exhibit 11 - Part 2# 15 Exhibit 12# 16 Exhibit 13# 17 Exhibit 14# 18 Exhibit 15# 19 Exhibit 16# 20 Exhibit 17# 21 Exhibit 18# 22 Exhibit 19# 23 Exhibit 20# 24 Exhibit 21# 25 Exhibit 22# 26 Exhibit 23# 27 Exhibit 24# 28 Exhibit 25# 29 Exhibit 26# 30 Exhibit 27# 31 Exhibit 28# 32 Exhibit 29# 33 Exhibit 30# 34 Exhibit 31# 35 Exhibit 32# 36 Exhibit 33# 37 Exhibit 34)(Vogler PHV, Gregory) (Entered: 10/23/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            STATEMENT of Undisputed Material Facts re 373 Memorandum in Support, 372 MOTION for Summary Judgment filed by Howmedica Osteonics Corp. (Vogler PHV, Gregory) (Entered: 10/23/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              MEMORANDUM in Support of 372 MOTION for Summary Judgment of Invalidity of U.S. Patent No. 5,290,313 Claims 1-4, 6, 8-9, 13-14, and 16-17, and Noninfringement of Claims 5, 7, 10-12, and 15 filed by Howmedica Osteonics Corp. (Vogler PHV, Gregory) (Entered: 10/23/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                MOTION for Summary Judgment by Defendant Howmedica Osteonics Corp.Response to be filed by 11/26/2007 (Vogler PHV, Gregory) (Entered: 10/23/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  ORDER REFERRING CASE to Magistrate Judge Roger B Cosbey pursuant to 28 USC Section 636(b)(1)(A) to determine by any means necessary and appropriate, all non-dispositive pretrial matters. Signed by Judge William C Lee on 10/19/07. (ksc) (Entered: 10/22/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    NOTICE of Hearing Telephonic Status and Schedulign Conference is set for 11/2/2007 03:00 PM (Fort Wayne time) before Judge William C Lee. The court will initiate the call to counsel(lrm) (Entered: 10/18/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      ORDER REASSIGNING CASE. Case randomly reassigned to Judge William C Lee for all further proceedings. Judge Allen Sharp no longer assigned to case. Signed by Judge Robert L Miller Jr on 10/16/07. (ksc) (Entered: 10/16/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        BRIEF by Howmedica Regarding the Effect of KSR v. Teleflex and Microsoft v. AT&T; on the Litigation Issues in This Case. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Vogler PHV, Gregory) (Entered: 06/01/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          BRIEF on Recent Supreme Court Cases pursuant to Court's May 1, 2007, Order. (Attachments: # 1 Exhibit A (PTO's Guidance Memo on KSR Decision))(Curran, Timothy) (Entered: 06/01/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            TRANSCRIPT of Proceedings held on 4/11/07 before Judge Allen Sharp. Court Reporter: Loretta M Spromberg. (sdf) (Entered: 05/09/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              ORDER: Parties' Brief due by 6/1/2007. Signed by Judge Allen Sharp on 5/1/07. (sdf) (Entered: 05/01/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                ORDER granting 353 Motion for Reconsideration and finding that 356 Rule 56 Motion to Strike is MOOT insofar as it seeks to strike Zimmer's filings as untimely and GRANTED as to Howmedica's requests to take depositions and written discovery and that it be allowed to file its 1978 HSS summary judgment motion. Discovery is REOPENED as to both parties and the Scheduling Order is updated as follows: Discovery deadline is 9/10/2007. Plaintiff expert witness disclosures and reports to be delivered to the defendant by 6/1/2007. Response to expert reports to be served by 7/2/2007. Replies to expert reports to be served by 8/15/2007. Dispositive and daubert motions to be filed by 11/9/2007.Proposed Jury Instructions due by 1/7/2008. All parties must prepare and sign off on a pretrial order by 1/7/2008. Jury trial is reset for 3/17/2008 at 1:30 p.m. in South Bend before Judge Allen Sharp. Signed by Judge Allen Sharp on 4/19/07. (ksc) (Entered: 04/20/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  STATUS CONFERENCE/MOTIONS HEARING held on 4/11/2007 before Judge Allen Sharp. Pla appeared by atty Liro, Desmarais, Pals, LaDue. Dft appeared by atty Pimentel, Vogler, Palmer. Court heard from counsel on motions. Jury trial will be in South Bend. Court will rule as soon as it can. 2:08-3:19 (Court Reporter Spromberg) (saj) (Entered: 04/11/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    REPLY to Response to Motion re 356 RULE 56 MOTION to Strike Two Expert Reports and 122 Pages of Documents Zimmer Produced Nine Months After the Close of Discovery filed by Howmedica Osteonics Corp. (Vogler PHV, Gregory) (Entered: 04/11/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      REPLY by Zimmer Technology Inc, Zimmer Inc to Howmedica's Brief in Opposition to Zimmer's Motion for Reconsideration 353 of the February 26, 2007 Order 350 I>. (Curran, Timothy) Modified on 4/6/2007 (Paulson, Shirley). (Entered: 04/05/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        RESPONSE to Motion re 356 RULE 56 MOTION to Strike filed by Zimmer Technology Inc, Zimmer Inc. (Curran, Timothy) (Entered: 04/04/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          AFFIDAVIT re 353 Notice of Manual Filing Declaration of Eligio C. Pimentel in support of Opposition to Zimmer's Motion for Reconsideration of the Court's 2/26/07 order by Howmedica Osteonics Corp. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6)(Vogler PHV, Gregory) (Entered: 03/27/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            BRIEF re 353 Notice of Manual Filing Opposition to Zimmer's Motion for Reconsideration of 2-26-07 order. (Vogler PHV, Gregory) (Entered: 03/27/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              BRIEF Memorandum in Support of Howmedica's 356 Motion to Strike Two Expert Reports and 122 Pages of Documents Zimmer Produced Nine Months After the Close of Discovery. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3)(Vogler PHV, Gregory) Modified to add link on 3/21/2007 (ksc). (Entered: 03/20/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                BRIEF Motion to Strike Two Expert Reports and 122 Pages of Documents Zimmer Produced Nine Months After the Close of Discovery. (Vogler PHV, Gregory) Modified event type (Motion) on 3/21/2007 (ksc). (Entered: 03/20/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  ORDER granting 354 Motion to Continue. Status Conference reset for 4/11/2007 01:00 PM in South Bend before Judge Allen Sharp.. Signed by Judge Allen Sharp on 3/14/07. (sdf) (Entered: 03/14/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    MOTION to Continue March 22, 2007, Status Conference (Unopposed) by Plaintiffs Zimmer Technology Inc, Zimmer Inc. (Curran, Timothy) (Entered: 03/13/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      NOTICE OF MANUAL FILING of Zimmer's Motion for Reconsideration of the February 26, 2007, Order as to Zimmer's Request to Modify the Scheduling Order (with Exhibits A-D) by Zimmer Technology Inc, Zimmer Inc (Curran, Timothy) (Entered: 03/12/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        ORDER granting Defendant's 351 Motion to Continue. Status Conference reset for 3/22/2007 02:00 PM in South Bend before Judge Allen Sharp.. Signed by Judge Allen Sharp on 3/9/07. (sdf) (Entered: 03/09/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          MOTION to Continue Status Conference by Counter Claimant Howmedica Osteonics Corp, Defendant Howmedica Osteonics Corp. (Palmer, Robert) (Entered: 03/05/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            MEMORANDUM OPINION AND ORDER denying 315 Zimmer's Motion to Strike; denying 329 Howmedica's moiton for leave to file a dispositive motion; This order satisfies both parties motion for clarification, accordingly 340 , and 341 are moot. Signed by Judge Allen Sharp on 2/26/07. (sdf) (Entered: 02/27/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              NOTICE of Hearing: Status Conference set, regarding the upcoming trial, for 3/19/2007 3:30 PM (EST) in the second floor courtroom of the Federal Building in Lafayette before Judge Allen Sharp. (saj) (Entered: 02/26/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                MEMORANDUM OPINION AND ORDER granting in part and denying in part 211 Second MOTION for Partial Summary Judgment filed by Zimmer Technology Inc, Zimmer Inc.. Signed by Judge Allen Sharp on 2/22/07. (sdf) (Entered: 02/22/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  ORDER denying Zimmer's 342 Motion requesting advisory opinion. Signed by Judge Christopher A Nuechterlein on 2/2/07. (sdf) (Entered: 02/02/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    STIPULATION AND NOTICE by Zimmer Technology Inc, Zimmer Inc re 342 MOTION for Ruling that Protective Order in this Case Does Not Bar Production in Another Case and Joint Motion for Order regarding the Production of Confidential Information (Curran, Timothy) Modified text (Stipulation) on 2/5/2007 (ksc). (Entered: 02/02/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      REPLY to Response to Motion re 342 MOTION for Ruling that Protective Order in this Case Does Not Bar Production in Another Case filed by Zimmer Technology Inc, Zimmer Inc. (Attachments: # 1 Exhibit A (Letter from Trousdale to Mag. Hedges))(Curran, Timothy) (Entered: 01/24/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          BRIEF in Opposition to 342 MOTION for Ruling that Protective Order in this Case Does Not Bar Production in Another Case filed by Howmedica Osteonics Corp. (Vogler PHV, Gregory) (Entered: 01/09/2007)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            MOTION for Ruling that Protective Order in this Case Does Not Bar Production in Another Case by Zimmer Technology Inc, Zimmer Inc. (Curran, Timothy) (Entered: 12/22/2006)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              RESPONSE to Motion re 340 MOTION for clarification on its motion for leave to file a dispositive motion based on newly discovered evidence re 329 MOTION for Leave to File filed by Zimmer Technology Inc, Zimmer Inc. (Curran, Timothy) (Entered: 10/27/2006)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                MOTION for clarification on its motion for leave to file a dispositive motion based on newly discovered evidence re 329 MOTION for Leave to File by Howmedica Osteonics Corp. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Vogler PHV, Gregory) (Entered: 10/20/2006)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  TRANSCRIPT of Oral Argument Proceedings held on 8/17/06 before Judge Allen Sharp. Court Reporter: Loretta M. Spromberg. (sdf, ) (Entered: 10/02/2006)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    ORDER granting in part and denying in part 183 Motion for Partial Summary Judgment, denying 216 Motion for Summary Judgment, denying 217 Motion for Summary Judgment . For further details, see order. Signed by Judge Allen Sharp on 9/28/06. (jld) (Entered: 09/29/2006)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      ORDER granting Howmedica's 336 Motion for Leave to Submit Supplemental Authority. Signed by Judge Allen Sharp on 9/14/06. (sdf, ) (Entered: 09/14/2006)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        MOTION for Leave to File Supplemental Authority by Howmedica Osteonics Corp. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Vogler PHV, Gregory) (Entered: 09/13/2006)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          MOTION HEARING held on 8/17/2006 before Judge Allen Sharp. Pla appeared by attys Hales, Liro, Pals, & LaDue. Dft appeared by attys Pimentel, Vogler, & Palmer. Court hears arguments on motions: 331 MOTION to Exlcude Testimony by Howmedica's Expert Witnesses; 183 MOTION for Partial Summary Judgment on Howmedica's Invalidity Defense filed by Zimmer Inc; 333 MOTION to Compel filed by Howmedica Osteonics Corp; 211 Second MOTION for Summary Judgment on Howmedica's Invalidity Defense and Counterclaim filed by Zimmer Inc; 248 MOTION for Leave to File Excess Pages filed by Zimmer Inc; 296 MOTION to Exclude the Testimony of Charles Donohoe filed by Howmedica Osteonics Corp; 329 MOTION for Leave to File filed by Howmedica Osteonics Corp; 298 MOTION to Exclude the Expert Report and Testimony of Keith J. Bowman filed by Howmedica Osteonics Corp; 332 RULE 12(f) MOTION to Strike 315 filed by Zimmer Inc; 217 MOTION for Summary Judgment of Invalidity filed by Howmedica Osteonics Corp; 216 MOTION for Summary Judgment filed by Howmedica Osteonics Corp. Court will rule on motions in writing. Jury Trial set for 9/4/2007 at 9:30 AM (Eastern time) in South Bend before Judge Allen Sharp. 2:15-3:55(Court Reporter Spromberg) (jld) (Entered: 08/17/2006)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            REPLY to Response to Motion re 329 MOTION for Leave to File a Dispositive Motion filed by Howmedica Osteonics Corp. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E)(Vogler PHV, Gregory) (Entered: 08/17/2006)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              MOTION to Compel Zimmer to Respond to Howmedica Interrogatory No. 8 (Unredacted) and exhibits C, D, and E in Support by Howmedica Osteonics Corp. 231 (jld) (Entered: 08/16/2006)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                RULE 12(f) MOTION to Strike 315 Notice of Manual Filing, by Zimmer Inc. (jld) (Entered: 08/16/2006)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  MOTION to Exlcude Testimony by Howmedica's Expert Witnesses re 299 Notice of Manual Filing by Zimmer Inc. (jld) (Entered: 08/16/2006)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    NOTICE OF MANUAL FILING of Response in Opposition to Howmedica's Motion for Leave to Amend the Scheduling Order and File Another Dispositive Motion by Zimmer Technology Inc, Zimmer Inc (Curran, Timothy) (Entered: 08/08/2006)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      MOTION for Leave to File by Howmedica Osteonics Corp. (Attachments: # 1 Exhibit Exhibit 1 - Motion for summary judgment# 2 Exhibit Exhibit 2 - Motion for leave to file brief in excess of 25 pages# 3 Exhibit Exhibit 3 - Memo in support of sj motion# 4 Exhibit Exhibit 3A# 5 Exhibit Exhibit 3B# 6 Exhibit Exhibit 3C# 7 Exhibit Exhibit 3D# 8 Exhibit Exhibit 3E - Part 1# 9 Errata Exhibit 3E - Part 2# 10 Exhibit Exhibit 3E - Part 3# 11 Exhibit Exhibit 3E - Part 4# 12 Exhibit Exhibit 3E - Part 5# 13 Exhibit Exhibit 3E - Part 6# 14 Exhibit Exhibit 3E - Part 7# 15 Exhibit Exhibit 3E - Part 8# 16 Exhibit Exhibit 3E - Part 9# 17 Exhibit Exhibit 3E - Part 10# 18 Exhibit Exhibit 3F# 19 Exhibit Exhibit 3G# 20 Exhibit Exhibit 3H# 21 Exhibit Exhibit 3I# 22 Exhibit Exhibit 3J# 23 Exhibit Exhibit 3K# 24 Exhibit Exhibit 3L# 25 Exhibit Exhibit 3M# 26 Exhibit Exhibit 3N# 27 Exhibit Exhibit 3O# 28 Exhibit Exhibit 3P# 29 Exhibit Exhibit 4 - Statement of undisputed material facts# Exhibit Exhibit 5 - Proposed order granting leave to file brief in excess of 25 pages# Exhibit Exhibit 6 - Proposed order granting motion for sj# 32 Exhibit Exhibit 7# 33 Exhibit Exhibit 8# 34 Exhibit Exhibit 9)(Vogler PHV, Gregory) Modified on 8/4/2006 to attach exhibits that were omitted during filing but docketed within entry(kds). (Entered: 08/01/2006)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        NOTICE OF MANUAL FILING of Exhibit 3-M to Howmedica Osteonic's Corp.'s Motion for Leave to File a Dispositive Motion Based on Newly Discovered Evidence by Howmedica Osteonics Corp (Vogler PHV, Gregory) (Entered: 08/01/2006)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          NOTICE OF MANUAL FILING of Zimmer's Reply in Support of Its Motion to Strike or, in the Alternative, to Modify, as to Zimmer, the Scheduling Order by Zimmer Technology Inc, Zimmer Inc (Curran, Timothy) (Entered: 07/19/2006)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            ORDER granting Parties 324 Motion to Continue Hearing. Hearing is now reset to 8/17/2006 at 02:30 PM at South Bend. Signed by Judge Allen Sharp on 7/14/06. (sdf, ) (Entered: 07/14/2006)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              ORDER denying 312 Motion to Compel filed by Zimmer Inc,, Zimmer Technology Inc, . Signed by Judge Christopher A Nuechterlein on 7/13/06. (sdf, ) (Entered: 07/14/2006)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Joint MOTION to Continue July 20, 2006, Hearing by Zimmer Technology Inc, Zimmer Inc. (Curran, Timothy) (Entered: 07/13/2006)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  The Court, on its own motion, now sets a hearing on all pending Motions 211 Second MOTION for Summary Judgment, 217 MOTION for Summary Judgment of Invalidity, 216 MOTION for Summary Judgment, 298 MOTION to Exclude the Expert Report and Testimony of Keith J. Bowman, 183 MOTION for Partial Summary Judgment, 296 MOTION to Exclude the Testimony of Charles Donohoe: Motion Hearing set for 7/20/2006 at 1:30 PM (Eastern time) in South Bend before Judge Allen Sharp. Counsel to be personally present.(jld) (Entered: 07/12/2006)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    BRIEF re 315 Notice of Manual Filing, Declaration of Gregory J. Vogler in Support of Howmedica's Opposition to Zimmer's Motion to Strike, or in the Alternative, to Modify the Scheduling Order. (Vogler PHV, Gregory) (Entered: 07/10/2006)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      BRIEF re 315 Notice of Manual Filing, Howmedica's Opposition to Zimmer's Motion to Strike, or in the Alternative, to Modify the Scheduling Order. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit K# 12 Exhibit L# 13 Exhibit M# 14 Exhibit N# 15 Exhibit O# 16 Exhibit P# 17 Exhibit Q - Part 1# 18 Exhibit Q - Part 2# 19 Exhibit R# 20 Exhibit S# 21 Exhibit T# 22 Exhibit U# 23 Exhibit V# 24 Exhibit W)(Vogler PHV, Gregory). Modified on 7/18/2006 to attach signed brief(kds). (Entered: 07/10/2006)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        NOTICE OF MANUAL FILING of Exhibits C and D to Howmedica's Opposition to Zimmer's Motion to Strike, or in the Alternative, to Modify the Scheduling Order by Howmedica Osteonics Corp (Vogler PHV, Gregory) (Entered: 07/10/2006)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          AFFIDAVIT of Gregory J. Vogler re 312 Notice of Manual Filing Declaration of Gregory J. Vogler in Support of Howmedica's Opposition to Zimmer's June 21, 2006 Motion to Compel by Howmedica Osteonics Corp. (Vogler PHV, Gregory) (Entered: 07/06/2006)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            NOTICE OF MANUAL FILING of Howmedica's Opposition to Zimmer's June 21, 2006 Motion to Compel (with Exhibits A-G) by Howmedica Osteonics Corp (Vogler PHV, Gregory) (Entered: 07/06/2006)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              NOTICE OF MANUAL FILING of Howmedica's Reply in Support of its Motion to Exclude the Expert Report and Testimony of Charles Donohoe by Howmedica Osteonics Corp (Vogler PHV, Gregory) (Entered: 06/23/2006)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                NOTICE OF MANUAL FILING of Howmedica's Reply in Support of its Motion to Exclude the Expert Report and Testimony of Keith J. Bowman by Howmedica Osteonics Corp (Vogler PHV, Gregory) (Entered: 06/23/2006)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  NOTICE OF MANUAL FILING of Zimmer's Motion to Strike the June 1, 2006, Supplemental Report of Dr. Richard Laskin and Howmedica's June 2 and 16 Supplemental Response to Zimmer's Interrogatory No. 10, or in the alternative, to Modify, as to Zimmer, the Scheduling Order (with Exhibits A-H) by Zimmer Technology Inc, Zimmer Inc (Curran, Timothy) (Entered: 06/23/2006)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Reply by Zimmer Technology Inc, Zimmer Inc Reply to Howmedica's Opposition (filed under seal - Doc. 307) to Zimmer's Motion to Exclude Testimony by Howmedica's Expert Witnesses (filed under seal - Doc. 299). (Curran, Timothy) Modified text on 6/26/2006 (kds). (Entered: 06/23/2006)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        NOTICE OF MANUAL FILING of Zimmer's Motion to Compel Production of Documents Relevant to Occurrence of Offset Adapter Development Team Meetings by Zimmer Technology Inc, Zimmer Inc (Curran, Timothy) (Entered: 06/21/2006)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          ORDER granting 310 Motion to Continue Oral Arguments currently scheduled for 6/20/06 at 1:30 pm. The hearing is continued to be reset after further consultation with counsel. Signed by Judge Allen Sharp on 6/19/06. (jld) (Entered: 06/19/2006)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            MOTION to Continue by Howmedica Osteonics Corp. (Palmer, Robert) (Entered: 06/19/2006)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              NOTICE of Hearing on all pending motions 211 Second MOTION for Summary Judgment on Howmedica's Invalidity Defense and Counterclaim, 217 MOTION for Summary Judgment of Invalidity, 216 MOTION for Summary Judgment, 298 MOTION to Exclude the Expert Report and Testimony of Keith J. Bowman, 183 MOTION for Partial Summary Judgment on Howmedica's Invalidity Defense and Counterclaim and Motion for Summary Judgment on Howmedica's Estoppel Defense, 296 MOTION to Exclude the Testimony of Charles Donohoe, 248 MOTION for Leave to File Excess Pages: Motion Hearing set for 6/20/2006 at 1:30 PM (Eastern time) in South Bend before Judge Allen Sharp. (jld) (Entered: 06/14/2006)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                RESPONSE in Opposition re 296 MOTION to Exclude the Testimony of Charles Donohoe filed by Zimmer Technology Inc, Zimmer Inc. (Curran, Timothy) (Entered: 06/09/2006)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  NOTICE OF MANUAL FILING of Howmedica's Opposition to Zimmer's Motion to Exclude Testimony by Howmedica's Expert Witnesses, Declaration of Gregory J. Vogler with accompanying exhibits and Proposed Order by Howmedica Osteonics Corp (Vogler PHV, Gregory) (Entered: 06/09/2006)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    NOTICE OF MANUAL FILING of Zimmer's Response to Howmedica's Motion to Exclude the Expert Report and Testimony of Keith J. Bowman (and Exhibit A thereto) by Zimmer Technology Inc, Zimmer Inc (Curran, Timothy) (Entered: 06/09/2006)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      ORDER granting Defendant Howmedica's 304 Motion for Extension of Time to File response to Zimmer's Daubert Motion. Response to be filed by 6/9/2006. Signed by Judge Christopher A Nuechterlein on 6/9/06. (sdf, ) (Entered: 06/09/2006)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        MOTION for Extension of Time to File Howmedica's Opposition to Zimmer's Motion to Exclude testimony by Howmedica's Expert Witnesses by Howmedica Osteonics Corp. (Vogler PHV, Gregory) (Entered: 06/07/2006)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          TRANSCRIPT of Oral Arugment Proceedings held on 3/16/06 before Judge Allen Sharp. Court Reporter: Loretta M. Spromberg. (sdf, ) (Entered: 06/06/2006)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            REPLY by Zimmer Technology Inc, Zimmer Inc to 294 Answer to Amended Complaint, Counterclaim. (Curran, Timothy) (Entered: 05/22/2006)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              NOTICE OF MANUAL FILING of Declaration of Timothy M. Curran (with Exhibits A-G) by Zimmer Technology Inc, Zimmer Inc (Curran, Timothy) (Entered: 05/22/2006)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                NOTICE OF MANUAL FILING of Zimmer's Memorandum in Support of Its Motion to Exclude Testimony by Howmedica's Expert Witnesses by Zimmer Technology Inc, Zimmer Inc (Curran, Timothy) (Entered: 05/22/2006)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  NOTICE OF MANUAL FILING of Zimmer's Motion to Exclude Testimony by Howmedica's Expert Witnesses by Zimmer Technology Inc, Zimmer Inc (Curran, Timothy) (Entered: 05/22/2006)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    MOTION to Exclude the Expert Report and Testimony of Keith J. Bowman by Howmedica Osteonics Corp. (Attachments: # 1 Memorandum in Support of Motion# 2 Exhibit 1# 3 Exhibit 2 - Slip Sheet# 4 Exhibit 3)(Vogler PHV, Gregory) (Entered: 05/22/2006)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      NOTICE OF MANUAL FILING of Exhibit 2 to Howmedica's Memorandum in Support of the Motion to Exclude the Expert Report and Testimony of Keith J. Bowman by Howmedica Osteonics Corp (Vogler PHV, Gregory) (Entered: 05/22/2006)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        MOTION to Exclude the Testimony of Charles Donohoe by Howmedica Osteonics Corp. (Attachments: # 1 Memorandum in Support (Redacted)# 2 Exhibit 1 - Slip Sheet# 3 Exhibit 2 - Slip Sheet# 4 Exhibit 3# 5 Exhibit 4)(Vogler PHV, Gregory) (Entered: 05/22/2006)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          NOTICE OF MANUAL FILING of Howmedica's Memorandum in Support of Its Motion to Exclude the Testimony of Charles Donohoe (Unredacted) and Exhibits 1 & 2 by Howmedica Osteonics Corp (Vogler PHV, Gregory) (Entered: 05/22/2006)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            ANSWER to 291 Amended Complaint, COUNTERCLAIM against Zimmer Technology Inc, Zimmer Inc by Howmedica Osteonics Corp.(Vogler PHV, Gregory) (Entered: 04/17/2006)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              ORDER granting Zimmer's 290 Motion to Amend the Deadline for Expert Objections. Any evidentiary objections to another party's expert witness, whether directed to the witness's qualifications or to the foundation for the anticipated testimony shall be filed by 5/22/06. Signed by Judge Christopher A Nuechterlein on 4/7/06. (sdf) Modified on 4/12/2006 (kds). (Entered: 04/10/2006)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                RESPONSE to Motion re 290 MOTION to Amend/Correct 135 Order on Motion to Amend/Correct, to Amend Deadline for Expert Objections filed by Howmedica Osteonics Corp. (Vogler PHV, Gregory) (Entered: 04/05/2006)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  AMENDED COMPLAINT (Second) for Patent Infringment against Howmedica Osteonics Corp, Howmedica Osteonics Corp, filed by Zimmer Technology Inc, Zimmer Inc. (Attachments: # 1 Exhibit A ('313 Patent)# 2 Exhibit B (Duracon System Brochure)# 3 Exhibit C (Scorpio System Brochure))(Curran, Timothy) (Entered: 03/31/2006)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    MOTION to Amend/Correct 135 Order on Motion to Amend/Correct, to Amend Deadline for Expert Objections by Zimmer Technology Inc, Zimmer Inc. (Curran, Timothy) (Entered: 03/28/2006)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      ORDER granting 138 , 195 Motion to amend pleadings . Signed by Judge Allen Sharp on 3/28/06. (sdf, ) (Entered: 03/28/2006)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        MOTION HEARING held on 3/16/2006 before Judge Allen Sharp re: all pending motions.Plaintiffs appeared by attorneys Hales, Liro, Pals, & Curran. Defendants appeared by attorneys Pimentel, Vogler, & Palmer. Court hears arguments re: review of magistrate judge's decision 195 ; motions for summary judgment 183 , 211 , 216 , & 217 . Court hears arguments and takes the matter under advisement. (Court Reporter Spromberg) (jld) (Entered: 03/16/2006)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          NOTICE of Hearing on Motions 183 MOTION for Partial Summary Judgment; 211 Second MOTION for Summary Judgment; 186 MOTION for Hearing; 216 MOTION for Summary Judgment; 217 MOTION for Summary Judgment; 195 MOTION for Review of Magistrate Judge Decision by a District Judge: Motions Hearing RESET for 3/16/2006 at 2:00 PM (EST) in South Bend before Judge Allen Sharp. *Please Note: Only the time has changed from 3:00 pm to 2:00 pm.(jld) (Entered: 03/15/2006)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            SEALED EXHIBIT E in Support of 278 Reply in Support of 1/24/06 Motion for Summary Judgment of Patent Infrigenment by Howmedica Osteonics Corp.. (sdf, ) (Entered: 03/15/2006)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      ORDER granting Howmedica's 280 Motion for Leave to File Reply in Support of its 1/24/06 Motion for Summary Judgment of Invalidity in Excess of 15 Pages instanter . Signed by Judge Allen Sharp on 3/14/06. (sdf, ) (Entered: 03/14/2006)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        MOTION for Leave to File Excess Pages regarding docket #278 (Reply in Support of its January 24, 2006 Motion for Summary Judgment of Invalidity) by Howmedica Osteonics Corp. (Vogler PHV, Gregory) (Entered: 03/13/2006)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          NOTICE OF MANUAL FILING of Exhibits B, C, and E to Howmedica's Reply in Support of its January 24, 2006 Motion for Summary Judgment of Patent Invalidity by Howmedica Osteonics Corp (Vogler PHV, Gregory) (Entered: 03/13/2006)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            REPLY to Response to Motion re 217 MOTION for Summary Judgment of Invalidity filed by Howmedica Osteonics Corp. (Attachments: # 1 Reply - Part 2# 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D - Part 1# 6 Exhibit D - Part 2# 7 Exhibit E)(Vogler PHV, Gregory) (Entered: 03/13/2006)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              NOTICE OF MANUAL FILING of Zimmer's Reply to Howmedica's Response to Zimmer's January 3, 2006, Motion for Partial Summary Judgment by Zimmer Technology Inc, Zimmer Inc (Curran, Timothy) (Entered: 03/13/2006)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                NOTICE OF MANUAL FILING of Howmedica's Reply in Support of its January 24, 2006 Motion for Summary Judgment of Noninfringement (unredacted) and Exhibit B in Support by Howmedica Osteonics Corp (Vogler PHV, Gregory) (Entered: 03/13/2006)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  REPLY to Response to Motion re 216 MOTION for Summary Judgment of Noninfringement filed by Howmedica Osteonics Corp. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C - Part 1# 4 Exhibit C - Part 2)(Vogler PHV, Gregory) (Entered: 03/13/2006)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    NOTICE OF MANUAL FILING of Zimmer's Reply to Howmedica's Opposition to Zimmer's January 24, 2006, Motion for Partial Summary Judgment by Zimmer Technology Inc, Zimmer Inc (Curran, Timothy) (Entered: 03/13/2006)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      NOTICE of Hearing on Motions 183 MOTION for Partial Summary Judgment on Howmedica's Invalidity Defense and Counterclaim and Motion for Summary Judgment on Howmedica's Estoppel Defense; 211 Second MOTION for Summary Judgment on Howmedica's Invalidity Defense and Counterclaim; 216 MOTION for Summary Judgment; 217 MOTION for Summary Judgment of Invalidity; 248 MOTION for Leave to File Excess Pages; 195 MOTION for Review of Magistrate Judge Decision by a District Judge re 166 Order on Motion to Amend/Correct First Amended Complaint [Doc. 138]: Motion Hearing set for 3/16/2006 at 3:00 PM (EST) in South Bend before Judge Allen Sharp. All counsel to be personally present.(jld) (Entered: 03/07/2006)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        ORDER granting Plaintiff's 270 Motion for Extension of Time to serve supplemental expert reports. Supplemental expert reports for the party bearing the burden of proof on an issue shall be served by 3/23/06. Rebuttal expert reports are due by 4/24/06. The deadline for completion of all discovery is 6/16/06. Signed by Judge Christopher A Nuechterlein on 3/7/06. (sdf, ) (Entered: 03/07/2006)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    ORDER granting Zimmer's 253 Motion to Withdraw documents 247 , 249 . Signed by Judge Christopher A Nuechterlein on 2/24/06. (sdf, ) (Entered: 02/24/2006)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      DOCUMENT WITHDRAWN PURSUANT TO COURT'S ORDER 266 OF 2/24/06 (Entered: 02/23/2006)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        MOTION for Leave to File Excess Pages by Zimmer Technology Inc, Zimmer Inc. (Curran, Timothy) (Entered: 02/23/2006)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            TRANSCRIPT of Proceedings held on 2/2/06 before Judge Christopher A Nuechterlein. Court Reporter: Geneva L Sones. (sdf, ) (Entered: 02/23/2006)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              ORDER granting Defendant's 232 Motion to Compel, and denying as moot Defendant's 236 Sealed Motion to Compel. Consel are admonished to try to resolve these types of discovery disputes without asking the Court's intervention. Signed by Judge Christopher A Nuechterlein on 2/16/06. (sdf, ) (Entered: 02/16/2006)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                REPLY to Response to Motion re 232 MOTION to Compel Zimmer to Respond to Howmedica Interrogatory No. 8 (Redacted) filed by Howmedica Osteonics Corp. (Vogler PHV, Gregory) (Entered: 02/08/2006)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    NOTICE OF MANUAL FILING of Exhibit A (Howmedica's Responses to Zimmer's First Set of Interrogatories (No. 6)) to Doc. 241 by Zimmer Technology Inc, Zimmer Inc (Curran, Timothy) (Entered: 02/06/2006)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      REPLY to Response to Motion re 195 MOTION for Review of Magistrate Judge Decision by a District Judge re 166 Order on Motion to Amend/Correct First Amended Complaint [Doc. 138] filed by Zimmer Technology Inc, Zimmer Inc. (Attachments: # 1 Exhibit A (filed under seal))(Curran, Timothy) (Entered: 02/06/2006)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        MOTION HEARING held on 2/2/2006 (Tape #FTR 2/2/2006.) (slm, ) (Entered: 02/02/2006)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          ORDER granting 237 Motion for Leave to File Excess Pages . Signed by Judge Christopher A Nuechterlein on 2/2/06. (sdf, ) (Entered: 02/02/2006)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            ORDER AND OPINION: Plaintiff's motions to compel 142 , 149 , 151 , 196 are granted. Defendant's discovery material to conform with Plaintiff's requests due by 2/17/06. Defendant's motion to compel 159 is denied as moot. Defendant's motion to compel Plaintiff to answer interrogatory 8 232 is taken under advisement. Plaintiff to respond to 232 motion by 2/6/06, Defendant to reply by 2/8/06. Supplemental expert reports for the party bearing the burden of proof on an issue due by 3/2/06, rebuttal expert reports due by 4/3/06. All discovery to be completed by 5/31/06. Signed by Judge Christopher A Nuechterlein on 2/2/06. (sdf, ) (Entered: 02/02/2006)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              MOTION for Leave to File Excess Pages Renewed Motion for Leave to File a 40-Page Summary Judgment of Invalidity and Noninfringement Brief by Howmedica Osteonics Corp. (Vogler PHV, Gregory) (Entered: 02/01/2006)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                SEALED MOTION to Compel Zimmer to Respond to Interrogatory No. 8 by Howmedica Osteonics Corp. (sdf, ) (Entered: 02/01/2006)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Legal Document (Payment Possibly Required) 235 Filed: 1/30/2006, Entered: None Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  ORDER granting Defendant's 229 Unopposed motion to consolidate the briefing schedule on summary judgment motions. Defendant's Response to Plainftiff's Motion for Partial Summary Judgment 183 to be filed by 2/23/2006. Signed by Judge Christopher A Nuechterlein on 1/30/06. (sdf, ) (Entered: 01/31/2006)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Legal Document (Payment Possibly Required) 234 Filed: 1/31/2006, Entered: None Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    ORDER denying Defendant's 220 Motion for Leave to File Excess Pages without prejudice. Signed by Judge Christopher A Nuechterlein on 1/31/06. (sdf, ) (Entered: 01/31/2006)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 233 Filed: 1/30/2006, Entered: None
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      NOTICE by Howmedica Osteonics Corp Certification in Compliance with Local Rule 37.1 (Vogler PHV, Gregory) (Entered: 01/30/2006)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Legal Document (Payment Possibly Required) 232 Filed: 1/30/2006, Entered: None Motion to Compel
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        MOTION to Compel Zimmer to Respond to Howmedica Interrogatory No. 8 (Redacted) by Howmedica Osteonics Corp. (Attachments: # 1 Proposed Order# 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D# 6 Exhibit E# 7 Exhibit F)(Vogler PHV, Gregory) (Entered: 01/30/2006)
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