Frey v. Sofamor Danek Holdings, Inc.

Filing 161

Courtroom Minutes for Pretrial Conference held on 11/19/2013 before Judge Richard P. Matsch. ORDERED: Motion to Strike Portions of Defendants' August 26, 2013 Expert Witness Disclosures and Exclude Opinion Testimony Offered by Certain Expert Witnesses 104 , is denied. Motion to Strike Portions of Erik K. Antonsson's Report And Exclude Certain Testimony at Trial 105 , is denied. Motion to Strike Portions of Mark J. Hosfield's Expert Report And ExcludeTestimony 109 , is resol ved by plaintiff being permitted to conduct additional discovery and allowing Mr. Pedigo to provide a rebuttal report as stated on record. Motion in Limine to Exclude Testimony Relating to Surgical Concepts and Patient Advocacy Coalition 113 , is gr anted. Defendants Warsaw Orthopedic, Inc. and Medtronic Sofamor Danek Usa, Inc.'s Motions in Limine 123 / 117 , No.1: Dr. Chewning permitted to describe surgical method but not patent claims; No. 2: granted; and No. 3 resolved by Court's ruling on motion 109 . Two week jury trial set May 5, 2014. FTR: K. Terasaki. (rpmcd )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior District Judge Richard P. Matsch
Date:
November 19, 2013
Courtroom Deputy:
J. Chris Smith
FTR Technician:
Kathy Terasaki
____________________________________________________________________________________
Civil Action No. 11-cv-00767-RPM
DR. GEORGE FREY, M.D., a Colorado Citizen,
Plaintiff,

Ian R. Walsworth
Stanley M. Gibson
Hiwot M. Covell
David B. Kellis

v.
WARSAW ORTHOPEDIC, INC., and
MEDTRONIC SOFAMOR DANEK USA, INC., an Indiana corporation,

Luke L. Dauchot
Conor F. Farley
Nimalka R. Wickramasekera
Defendants.
Erin C. Kolter
Kevin Bendix
____________________________________________________________________________________
COURTROOM MINUTES
____________________________________________________________________________________
Pretrial Conference
1:58 p.m.

Court in session.

Discussion regarding scope of plaintiff’s claims.
Mr. Gibson states plaintiff’s royalty claims for Capstone products/implants are made under either the
Boomerang and Pyramesh Agreements and not the Consulting Agreement.
Mr. Gibson further states plaintiff’s definition of medical device includes “method”.
Ms. Wickramasekera explains Medtronic’s surgical instruments loaner/lease fee and sale purchase
agreement.
Mr. Dauchot states defendants’ records indicate the first Capstone net sale, with respect to plaintiff’s
damages being sought, occurred approximately around the third quarter of 2004.
Court rules on parties pending motions as stated on record.
ORDERED:

Motion to Strike Portions of Defendants' August 26, 2013 Expert Witness
Disclosures and Exclude Opinion Testimony Offered by Certain Expert Witnesses
[104], is denied.

November 19, 2013
11-cv-00767-RPM
ORDERED:

Motion to Strike Portions of Erik K. Antonsson's Report And Exclude Certain
Testimony at Trial [105], is denied.
Motion to Strike Portions of Mark J. Hosfield's Expert Report And Exclude
Testimony [109], is resolved by plaintiff being permitted to conduct additional
discovery and allowing Mr. Pedigo to provide a rebuttal report as stated on record.
Motion in Limine to Exclude Testimony Relating to Surgical Concepts and Patient
Advocacy Coalition [113], is granted.
Defendants Warsaw Orthopedic, Inc. and Medtronic Sofamor Danek Usa, Inc.’s
Motions in Limine [123]/[117], No.1: Dr. Chewning permitted to describe surgical
method but not patent claims; No. 2: granted; and No. 3 resolved by Court’s ruling
on motion [109].

Discussion regarding scheduling.
ORDERED:

Two week jury trial set May 5, 2014.

Court states a trial preparation conference will be set at a date to be determined (approximately one month
prior to the trial date).
Court instructs defendants’ counsel to inform its chambers of the status of the Wisconsin patent
infringement litigation, as soon as possible.
Court states its trial practices and procedures.
Counsel agree to confer regarding stipulating to limiting the jury pool to the Denver metro counties.
Court states punitive damages will not be a trial issue.
2:40 p.m.

Court in recess.

Hearing concluded. Total time: 42 min.

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