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U.S. District Court 
U. S. District Court of Delaware (Wilmington) 

CIVIL DOCKET FOR CASE #: 01-CV-504 
ArthroCare Corp. v. Smith & Nephew Inc., et al 

Filed: 07/25/01 
Assigned to: Judge Sue L. Robinson 
Jury demand: Both 
Demand: $0,000 
Nature of Suit: 830 
Lead Docket: None 
Jurisdiction: Federal Question 
Dkt # in USDC/N.D.CA : is C98-00609 
Cause: 35:271 Patent Infringement 


/ U.S. District Court Web PACER(v2.4) Docket Report 
Docket as of July 31, 2003 8:03 pm 


ARTHROCARE CORPORATION 
plaintiff 


Jack B. Blumenfeld 
[COR LD NTC] 

Morris, Nichols, Arsht & 
Tunnel 1 

1201 North Market Street 
P.O. Box 1347 
Wilmington, DE 19899 
(302) 658-9200 


SMITH & NEPHEW INC. 
defendant 


William J. Marsden, Jr. 
[COR LD NTC] 

Fish & Richardson, P.C. 
919 N. Market Street, Suite 
1100 

P.O. Box 1114 
Wilmington, DE 19899-1114 
(302) 652-5070 


ETHICON, INC 

respondent 


Steven J. Balick 
[COR LD NTC] 
Ashby & Geddes 
222 Delaware Avenue 
P.O. Box 1150 
Wilmington, DE 19899 
(302) 654-1888 


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SMITH & NEPHEW INC. 

counter-claimant 


William J. Marsden, Jr. 
[COR LD NTCJ 

Fish & Richardson, P.C. 
919 N. Market Street, Suite 

1100 

P.O. Box 1114 
Wilmington, DE 19899-1114 
(302) 652-5070 


v. 


ARTHROCARE CORPORATION 
counter-defendant 


Jack B . Blumenfeld 
[COR LD NTC] 

Morris, Nichols, Arsht & 
Tunnell 

1201 North Market Street 
P.O. Box 1347 
Wilmington, DE 19899 
(302) 658-9200 


SMITH Sc NEPHEW INC. 

coun t e r - c 1 a imant 


William J. Marsden, Jr. 
[COR LD NTC] 

Fish & Richardson, p.c. 
919 N. Market Street, Suite 
1100 

P.O. Box 1114 
Wilmington, DE 19899-1114 
(302) 652-5070 


ARTHROCARE CORPORATION 
counter-defendant 


Jack B. Blumenfeld 
[COR LD NTC] 

Morris, Nichols, Arsht & 
Tunnell 

1201 North Market Street 
P.O. Box 1347 
Wilmington, DE 19899 
(302) 658-9200 


DOCKET PROCEEDINGS 


DATE # 


DOCKET ENTRY 


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7/25/01 1 COMPLAINT filed; Mag consent notice to pltf. FILING FEE 

$ 150.00 RECEIPT # 130905 (rc) [Entry date 07/26/01] 

7/25/01 DEMAND for jury trial by ArthroCare Corp. (rc) 

[Entry date 07/26/01] 

7/25/01 SUMMONS (ES) issued for Smith & Nephew Inc. (rc) 

[Entry date 07/26/01] 

7/25/01 2 Report to Commissioner of Patents and Trademarks. Exit 

original. Re: 5,697,536; 5,697,882, 6,224,592 Bl (rc) 
[Entry date 07/26/01] 

7/25/01 3 RETURN OF SERVICE executed as to Smith & Nephew Inc. 

7/25/01 Answer due on 8/14/01 for Smith & Nephew Inc. (rc) 
[Entry date 07/26/01] 

8/1/01 4 CASE assigned to Judge Sue L. Robinson . Notice to all 

parties, (rb) 

8/15/01 5 STIPULATION with proposed order re extending time for 

deft's to resp. to complaint (lj) 

8/17/01 So Ordered granting [5-1] stipulation reset Answer 

deadline to 9/13/01 for Smith & Nephew Inc. ( signed by 
Judge Sue L. Robinson ) Notice to all parties, (rd) 
[Entry date 08/20/01] 

9/5/01 6 MOTION by ArthroCare Corp. with Proposed Order for 

Matthew D. Powers and Jared Bobrow of Weil to Appear Pro 
Hac Vice (rd) 

9/7/01 -- So Ordered granting [6-1] motion for Matthew D. Powers and 

Jared Bobrow of Weil to Appear Pro Hac Vice ( signed by 
Judge Sue L. Robinson ) Notice to all parties, (rd) 

9/10/01 7 MOTION by ArthroCare Corp. to enjoin Second-filed 

Duplicative litigation Answer Brief due 9/24/01 re: [7-1] 
motion (rd) [Entry date 09/12/01] 

9/10/01 8 Opening Brief Filed by ArthroCare Corp. [7-1] motion to 

enjoin Second- filed Duplicative litigation (rd) 
[Entry date 09/12/01] 

9/12/01 9 Letter to Clerk from K. J. Louden enclosing Exhibit F to 

Pltf.'s opening brief in support of motion to enjoin filed 
on 9/10/01. (rd) [Entry date 09/14/01] 

9/13/01 10 ANSWER to complaint and COUNTERCLAIM by Smith & Nephew Inc. 

(Attorney ) ; jury demand against ArthroCare Corp. (rd) 
[Entry date 09/14/01] 

9/13/01 11 MOTION by Smith & Nephew Inc. to Change Venue Pursuant to 

28 U.S.C. Section 1404(a) Answer Brief due 9/27/01 re: 
[11-1] motion (rd) [Entry date 09/14/01] 

9/13/01 12 Opening Brief Filed by Smith & Nephew Inc. [11-1] motion to 

Change Venue Pursuant to 28 U.S.C. Section 1404(a) (rd) 
[Entry date 09/14/01] 


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9/13/01 13 
9/13/01 14 
9/13/01 15 

9/17/01 16 

9/20/01 17 
9/24/01 19 

9/25/01 18 

9/26/01 20 
9/27/01 21 

9/28/01 -- 

10/1/01 22 

10/1/01 -- 
10/12/01 23 

10/15/01 24 

10/17/01 -- 

10/26/01 25 


Declaration of Keith A. Walter, Jr. in support of DI 11. (rd) 
[Entry date 09/14/01] 

Declaration of Joel Petrow, Esq. in support of DI 11. (rd) 
[Entry date 09/14/01] 

Notice of Deficiency from the court to defendant Smith & 
Nephew Inc. re no original signature on DI 14. (rd) 
[Entry date 09/14/01] 

CERTIFICATE OF SERVICE by ArthroCare Corp. re (1) 1st set 
of req. for prod, of doc. and things and (2) 1st set of 
interrog. (rd) [Entry date 09/20/01] 

Declaration of Joel Petrow, Esq. in support of Deft.'s 
Motion to Transfer Venue, (rd) [Entry date 09/21/01] 

Answer Brief Filed by Smith & Nephew Inc. [7-1] motion to 
enjoin Second-filed Duplicative litigation - Reply Brief 
due 10/1/01 (rd) [Entry date 09/26/01] 

ORDER, set Tele -Scheduling Conference for 8:30 10/30/01 
( signed by Judge Sue L. Robinson ) copies to: cnsl. (rd) 
[Entry date 09/26/01] 

ANSWER by ArthroCare Corp. to [10-2] counter claim (rd) 
[Entry date 09/28/01] 

STIPULATION to extend time for pltf. to answer deft.'s 
motion to transfer and to file reply brief to its motion to 
enjoin; with proposed order (rd) [Entry date 09/28/01] 

So Ordered granting [21-1] stipulation reset Answer 
Brief Deadline to 10/3/01 re: [11-1] motion to Change 
Venue Pursuant to 28 U.S.C. Section 1404(a), and reset 
Reply Brief Deadline to 10/3/01 re: [7-1] motion to enjoin 
Second- filed Duplicative litigation ( signed by Judge Sue 
L. Robinson ) Notice to all parties, (rd) 

Letter to Judge Robinson from W. Marsden, Jr. advising 
Court that deft, is withdrawing its motion to transfer, (DI 
#11) , based on recent developments in parellel litigation 
in California, (rd) [Entry date 10/15/01] 

WITHDRAWAL of [11-1] motion to Change Venue Pursuant to 28 
U.S.C. Section 1404(a) per DI 22. (rd) [Entry date 10/15/01] 

CERTIFICATE OF SERVICE by Smith & Nephew Inc. re (1) 1st 
set of interrog. (nos. 1-14) and (2) 1st req. for prod, of 
doc. and things (rd) [Entry date 10/16/01] 

STIPULATION re extension of time for filing resp. to 
discovery requestes; with proposed order (rd) 
[Entry date 10/16/01] 

So Ordered granting [24-1] stipulation re extension of 
time for responses to discovery requests. ( signed by Judge 
Sue L. Robinson ) Notice to all parties, (rd) 

CERTIFICATE OF SERVICE by ArthroCare Corp. re Initial 


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10/26/01 26 
10/29/01 27 

10/30/01 -- 
10/30/01 28 
10/31/01 

11/9/01 29 
11/9/01 30 
11/14/01 -- 


11/15/01 32 

11/21/01 31 
11/26/01 

11/26/01 33 

11/30/01 34 
12/3/01 -- 


Disclosures (rd) 

CERTIFICATE OF SERVICE by Smith & Nephew Inc. re Initial 
Disclosures (rd) 

Letter to Judge Robinson from J. Blumenfeld enclosing 
proposed sched. order for discussion at telecnf . on 
10/30/01. (rd) 

Scheduling conference held via telecnf.; Judge Robinson 
presiding; no crt. rptr. present, (rd) 

MOTION by Smith & Nephew Inc. with Proposed Order for 
Kurt is D. MacFerrin to Appear Pro Hac Vice (rd) 

So Ordered granting [28-1] motion for Kurt is D. MacFerrin 
to Appear Pro Hac Vice ( signed by Judge Sue L. Robinson ) 
Notice to all parties, (rd) 

Letter to Judge Robinson from J. Blumenfeld enclosing 
proposed scheduling order (rd) [Entry date 11/13 /0l] 

Proposed Scheduling Order filed by ArthroCare Corp. (rd) 
[Entry date 11/13/01] 

So Ordered [30-1] proposed order set Scheduling Order 
Deadlines: joining of parties, amended pleadings on 3/8/02 
Discovery deadline on 11/22/02 Deadline for filing 
dispositive motions by 12/20/02 , answering briefs due 
1/31/03, reply briefs due 2/14/03; Pretrial conference by 
4:30 4/15/03; Jury Trial Date Deadline 9:30 4/28/03, set 
In-person Discovery Conference for 4:30 3/5/02, and set 
Motion Filing deadline to 4/1/03 for motions in limine ; 
responses due 4/8/03, set Notice of Compliance deadline 
to 12/20/02 for filing of Joint Claim Construction 
Statement; answering briefs due 1/31/03 matter referred to 
Mag. Judge Thynge for exploring settlement possibility; see 
order for complete details. ( signed by Judge Sue L. 
Robinson ) Notice to all parties, (rd) [Entry date 11/16/01] 

CERTIFICATE OF SERVICE by Smith & Nephew Inc. re resp. to 
1st set of interrog. (nos. 1-7) and resp. to 1st set of 
req. for prod, of doc. (nos. 1-54). (rd) 
[Entry date 11/21/01] 

MOTION by Smith & Nephew Inc. with Proposed Order for 
Mark J. Hebert to Appear Pro Hac Vice (rd) 

So Ordered granting [31-1] motion for Mark J. Hebert to 
Appear Pro Hac Vice ( signed by Judge Sue L . Robinson ) 
Notice to all parties, (rd) 

CERTIFICATE OF SERVICE by Smith & Nephew Inc. re (1) 2nd 
req. for prod, of doc. an things (nos. 94-94); and (2) 2nd 
set of interrog. (nos. 15-16). (rd) [Entry date 11/27/01] 

MOTION by ArthroCare Corp. with Proposed Order for Perry 
Clark to Appear Pro Hac Vice (rd) 

So Ordered granting [34-1] motion for Perry Clark to 


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12/20/01 35 

12/27/01 36 

2/19/02 
2/21/02 

2/26/02 37 

2/27/02 38 

2/27/02 39 

2/28/02 

2/28/02 42 

3/1/02 40 

3/1/02 41 

3/4/02 

3/5/02 43 

3/5/02 44 

3/5/02 

3/8/02 45 

3/8/02 46 


Appear Pro Hac Vice ( signed by Judge Sue L. Robinson ) 
Notice to all parties, (rd) 

CERTIFICATE OF SERVICE by Smith & Nephew Inc. re Suppl . 
resp. to pltf.'s interrog. (nos. 4 & 5) . (rd) 

CERTIFICATE OF SERVICE by ArthroCare Corp. re (1) resp. and 
ob j . to deft.'s 2nd set of req. for prod, of doc. and 
things (nos. 94-95); and (2) ob j . and resp. to deft.'s 2nd 
set of interrog. (nos. 15-16). (rd) [Entry date 12/28/01] 

Deadline updated; set Telephone Conference for 3:00 
2/26/02 (rd) 

Deadline updated; reset Telephone Conference for 10:00 
2/28/02 re Protective Order (rd) 

CERTIFICATE OF SERVICE by Smith & Nephew Inc. re (1) 3rd 
set of interrog. (no. 17 and 18); and (2) 3rd req. for 
prod, of doc. and things (nos. 96^97). (rd) 

Letter to Judge Robinson from K. Walter, Jr. enclosing 
proposed protective order for telecnf . (rd) 
[Entry date 02/28/021 

Proposed PROTECTIVE Order filed by Smith & Nephew Inc. (rd) 
[Entry date 02/28/02] 

Tele -conference held re protective order; Judge Robinson 
presiding; crt. rptr. B. Gaffigan present, (rd) 

Steno Notes for 2/28/02 telecnf.; Judge Robinson presiding; 
crt. rptr. B. Gaffigan present, (rd) [Entry date 03/01/02] 

STIPULATED PROTECTIVE ORDER; with proposed order (rd) 

TRANSCRIPT filed [0-0] telephone conference for dates of 
2/28/02; Judge Robinson presiding; crt. rptr. B. Gaffigan 
present, (rd) 

So Ordered granting [40-1] stipulated Protective Order ( 
signed by Judge Sue L. Robinson ) Notice to all parties, (rd) 

Letter to Judge Robinson from J. Blumenfeld listing items 
to be raised at discovery status conf . (rd) 

Letter to Judge Robinson from W. Marsden, Jr. listing 
proposed agenda for discovery issues to be addressed at 
disc, status conf. (rd) 

Discovery hearing held in person; Judge Robinson presiding; 
crt. rptr. K. Maurer present, (rd) [Entry date 03/06/02] 

MOTION by Smith & Nephew Inc. with Proposed Order for 
Leave to File Amended Answer & Counterclaim Answer Brief 
due 3/22/02 re: [45-1] motion (rd) [Entry date 03/11/02] 

Opening Brief Filed by Smith & Nephew Inc. [45-1] motion 
for Leave to File Amended Answer & Counterclaim (rd) 
[Entry date 03/11/02] 


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3/8/02 47 

3/8/02 48 

3/11/02 49 

3/11/02 50 

3/13/02 51 

3/13/02 52 

3/21/02 53 

3/22/02 54 

3/25/02 55 

3/26/02 56 
3/27/02 

3/27/02 57 

3/28/02 58 

3/28/02 -- 


Letter to Judge Robinson from W. Marsden responding to 
Court's invitation at the 3/5/02 disc, conf . to provide 
authority supporting Smith & Nephew's patent misuse defense 
and discovery sought to develop additional facts to support 
that defense, (rd) {Entry date 03/11/02] 

Letter to Judge Robinson from J. Blumenfeld re Smith & 
Nephew ! s interrog. nos. 15 and 16 f which seek pltf.'s 
contentions re correctness of Judge Orrick's prelim, inj . 
decision, (rd) {Entry date 03/11/02) 

TRANSCRIPT filed {0-0] discovery hearing for dates of 
3/5/02; Judge Robinson presiding; crt. rptr. K. Maurer 
present, (rd) 

CERTIFICATE OP SERVICE by Smith & Nephew Inc. re 4th set of 
interrog. to pltf. (nos. 19-23). (rd) 

Steno Notes for 3/5/02 re Discovery Conference; Judge 
Robinson presiding; crt. rptr. K. Maurer present, (rd) 

Letter to Judge Robinson from J. Blumenfeld responding to 
deft.'s letter of 3/8/02 re party asserting a patent after 
denial of its prel. injun. motion, (rd) 

ORDER denying [47-1] denying [48-1] requests that the 
court order pltf. to answer interrog. numbered 15 and 16 
for reasons stated in this order ( signed by Judge Sue L. 
Robinson ) copies to: cnsl. (rd) 

STIPULATION to extend time for pltf. to file answering 
brief and for deft, to file reply brief to DI#45; with 
proposed order (rd) {Entry date 03/26/02] 

Answer Brief Filed by ArthroCare Corp. {45-1] motion for 
Leave to File Amended Answer & Counterclaim - Reply Brief 
due 4/1/02 (rd) [Entry date 03/26/02] 

CERTIFICATE OF SERVICE by Smith & Nephew Inc. re (1) suppl . 
resp. to 1st set of interrog. (nos. 2 & 6) ; and (2) 1st 
suppl. Rule 26(a)(1) Initial Disclosure, (rd) 

So Ordered granting [54-1] stipulation reset Answer 
Brief Deadline to 3/25/02 re: [45-1] motion for Leave to 
File Amended Answer & Counterclaim, reset Reply Brief 
Deadline to 4/2/02 re: [45-1] motion for Leave to File 
Amended Answer & Counterclaim ( signed by Judge Sue L. 
Robinson ) Notice to all parties, (rd) 

NOTICE by ArthroCare Corp. to take deposition of Smith & 
Nephew, Inc. on 4/11/02 (rd) [Entry date 04/03/02] 

CERTIFICATE OF SERVICE by ArthroCare Corp. re (1) resp. and 
ob j . to 3rd set of req. for prod, of doc. and things (nos. 
96-97); and Ob j . and resp. to 3rd set of interrog. (nos. 
17-18) . (rd) [Entry date 04/03/02] 

Return of discovery filed by Pltf. with copy of Local Rule 


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5.4; only a ntc . of discovery should be filed with the 
court in this action. <rd) [Entry date 04/03/02] 

3/29/02 59 STIPULATION to extend time for deft, to file reply brief to 

motion to amd. (DI#45) ; with proposed order (rd) 
[Entry date 04/03/02] 

4/1/02 60 SEALED Letter to Judge Robinson from K. Walter, Jr. (rd) 

[Entry date 04/03/02] 

4/3/02 So Ordered granting [59-1] stipulation rest Reply Brief 

Deadline to 4/9/02 re: [45-1] motion for Leave to File 
Amended Answer & Counterclaim ( signed by Judge Sue L. 
Robinson ) Notice to all parties, (rd) [Entry date 04/04/02] 

4/3/02 61 SEALED Letter to Judge Robinson from J. Blumenfeld. (rd) 

[Entry date 04/05/02] 

4/4/02 62 MOTION by Smith & Nephew Inc. with Proposed Order for 

Reargument of [53-1] order Answer* Brief due 4/18/02 re: 
[62-1] motion (rd) [Entry date 04/05/02] 

4/5/02 63 Declaration of Keith A. Walter in support of DI#62. (rd) 

4/9/02 -- Deadline updated; set Telephone Conference for 4:30 

4/10/02 (rd) 

4/9/02 64 CERTIFICATE OF SERVICE by ArthroCare Corp. re Ob j . and 

Resp. to 4th set of interrog. (nos. 19-23). (rd) 

4/9/02 65 Reply Brief Filed by Smith & Nephew Inc. [45-1] motion for 

Leave to File Amended Answer & Counterclaim (rd) 
[Entry date 04/10/02] 

4/9/02 66 SEALED Letter to Judge Robinson from W. Marsden, Jr. (rd) 

[Entry date 04/10/02] 

4/10/02 -- Tele -conference held; Judge Robinson presiding; crt. rptr. 

B. Gaffigan present; re DI#60 and 61. (rd) 
[Entry date 04/11/02] 

4/11/02 67 Steno Notes for 4/10/02; Judge Robinson presiding; crt. 

rptr. B. Gaffigan. (rd) 

4/11/02 68 TRANSCRIPT filed [0-0] telephone conference for dates of 

4/10/02; Judge Robinson presiding; crt. rptr. B. Gaffigan 
present, (rd) [Entry date 04/15/02] 

4/16/02 69 STIPULATION to extend time for pltf . to respond to DI#62; 

with proposed order (rd) [Entry date 04/17/02] 

4/16/02 70 Objections by Smith & Nephew Inc. to [57-1] deposition 

notice (rd) [Entry date 04/17/02] 

4/18/02 -- So Ordered granting [69-1] stipulation reset Answer 

Brief Deadline to 4/26/02 re: [62-1] motion for Reargument 
of [53-1] order ( signed by Judge Sue L. Robinson ) Notice 
to all parties, (rd) 


4/24/02 71 


NOTICE by Smith & Nephew Inc. to take deposition of John 


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R. Tighe on 5/13/02 (rd) [Entry date 04/25/02] 

4/24/02 72 NOTICE by Smith & Nephew Inc. to take deposition of 

Christine Hanni on 5/14/02 (rd) [Entry date 04/25/02} 

4/24/02 73 NOTICE by Smith & Nephew Inc. to take deposition of John 

Raffle on 5/8/02 (rd) [Entry date 04/25/02] 

4/24/02 74 NOTICE by Smith & Nephew Inc. to take deposition of Hira 

V. Thapliyal on 5/6/02 (rd) [Entry date 04/25/02] 

4/24/02 7 5 NOTICE by Smith & Nephew Inc. to take deposition of 

Michael A. Baker on 5/10/02 (rd) [Entry date 04/25/02] 

4/26/02 76 Answer Brief Filed by ArthroCare Corp. [62-1] motion for 

Reargument of [53-1] order - Reply Brief due 5/3/02 (rd) 
[Entry date 04/29/02] 

5/1/02 77 NOTICE by Smith & Nephew Inc. to take deposition of Jack 

C. Cordes on 5/20/02 (rd) [Entry date 05/02/02] 

5/1/02 78 NOTICE by Smith & Nephew Inc. to take deposition of Philip 

E. Eggers on 5/21/02 (rd) [Entry date 05/02/02] 

5/1/02 79 NOTICE by Smith & Nephew Inc. to take deposition of James 

M. Heslin on 5/16/02 (rd) [Entry date 05/02/02] 

5/1/02 80 NOTICE by Smith & Nephew Inc. to take deposition of 

Stryker Corp. on 5/21/02 (rd) [Entry date 05/02/02] 

5/1/02 81 NOTICE by Smith & Nephew Inc. to take deposition of 

Ethicon, Inc. on 5/20/02 (rd) [Entry date 05/02/02] 

5/1/02 82 CERTIFICATE OF SERVICE by Smith & Nephew Inc. re Subpoena 

to Custodian of Records, Townsend & Townsend. (rd) 
[Entry date 05/02/02} 

5/1/02 83 CERTIFICATE OF SERVICE by Smith & Nephew Inc. re Subpoena 

for Custodian of Records, Eggers & Associates, Inc. (rd) 
[Entry date 05/02/02] 

5/1/02 84 CERTIFICATE OF SERVICE by Smith & Nephew Inc. re Subpoena 

to Custodian of Records, Cordes Engineering, Inc. (rd) 
[Entry date 05/02/02} 

5/2/02 85 Letter to Judge Robinson from K. Walter, Jr. attaching copy 

of letter requesting oral argument that was to be filed 
with court on 5/1/02 but was never filed due to inadvertent 
vendor error; Oral Argument is req. on def t s motion for 
reargument (DI#62) . (rd) [Entry date 05/07/02] 

5/10/02 Deadline updated; set Telephone Conference for 2:00 

5/16/02 re Discovery issues. <rd) 

5/13/02 86 CERTIFICATE OF SERVICE by Smith & Nephew Inc. re Subpoena 

for Stryker Corp. (rd) [Entry date 05/14/02] 

5/13/02 87 CERTIFICATE OF SERVICE by Smith & Nephew Inc. re Subpoena 

for Ethicon, Inc. (rd) [Entry date 05/14/02] 


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5/13/02 88 

5/13/02 89 

5/16/02 90 • 

5/16/02 91 
5/16/02 

5/17/02 -- 

5/17/02 92 

5/20/02 93 

5/29/02 94 

5/29/02 95 

5/30/02 96 

6/7/02 

6/11/02 97 
6/11/02 

6/11/02 98 

6/12/02 99 

6/12/02 100 
6/13/02 


Amended NOTICE by Smith & Nephew Inc. to take deposition 
of Stryker Corp. on 5/21/02 (rd) [Entry date 05/14/02] 

Amended NOTICE by Smith & Nephew Inc. to take deposition 
of Ethicon, Inc. on 5/20/02 (rd) [Entry date 05/14/02] 

Letter to Judge Robinson from W. Marsden, Jr. re today* s 
telecnf . with the court; and enclosing proposed amended 
scheduling order, (rd) 

NOTICE by Smith & Nephew Inc. to take deposition of Hira 
V. Thapliyal on 6/12/02 (rd) [Entry date 05/17/02] 

Tele -conference held re Discovery issues; Judge Robinson 
presiding; crt. rptr. B. Gaffigan present, (rd) 
[Entry date 05/17/02] 

Deadline updated; set Discovery Hearing for 4:30 8/19/02 
set during discovery telecnf. on 5/16/02 (rd) 

TRANSCRIPT filed [0-0] telephone conference for dates of 
5/16/02; Judge Robinson presiding; crt. rptr. B. Gaffigan 
present, (rd) 

Steno Notes for 5/16/02; Judge Robinson presiding; crt. 
rptr. B. Gaffigan present, (rd) [Entry date 05/21/02] 

CERTIFICATE OF SERVICE by ArthroCare Corp. re (1) 2nd set 
of interrog. and (2) 2nd set of req. for prod, of doc. and 
things, (rd) [Entry date 05/30/02] 

SEALED Letter to Judge Robinson from J. Blumenfeld dated 
5/29/02. (rd) [Entry date 05/30/02] 

Letter to Judge Robinson from W. Marsden, Jr., advising 
court of status of case and requesting that the stay in the 
dicovery related to the Control RF product continue while 
parties continue their nego. (rd) [Entry date 05/31/02] 

Deadline updated; set Telephone Conference for 2:00 
6/11/02 (rd) 

Letter to Judge Robinson from J. Blumenfeld re agenda for 
6/11/02 telecnf. (rd) 

Tele -conference held; Judge Robinson presiding; crt. rptr. 
V. Gunning present, (rd) [Entry date 06/13/02] 

Letter to Judge Robinson from W. Marsden, Jr. responding to 
Mr. Blumenf eld's letter of 5/29/02. (rd) 
[Entry date 06/13/02] 

Letter to Judge Robinson from J. Blumenfeld enclosing a 
revised proposed scheduling order, (rd) 
[Entry date 06/13/02] 

Proposed Revised Scheduling Order filed by ArthroCare 
Corp. (rd) [Entry date 06/13/02] 

Deadline updated; set Discovery Hearing for 3:00 7/23/02 


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(rd) 


6/17/02 -- 

6/28/02 101 

7/1/02 102 

7/2/02 103 

7/23/02 104 

7/23/02 105 
7/23/02 

7/23/02 106 

7/24/02 107 

7/24/02 108 

7/24/02 109 

7/25/02 -- 

7/25/02 110 

7/31/02 111 


So Ordered [100-1 J proposed order reset Scheduling Order 
Deadlines: Discovery deadline on 12/16/02 Deadline for 
filing dispositive motions by 1/3/03; answers due 1/17/03; 
and reply briefs due 1/24/03, and reset Notice of 
Compliance deadline to 1/3/03 for parties to file opening 
claim construction briefs and Joint Claim Construction 
Statement; on 1/17/03 parties shall file answering claim 
const, briefs ( signed by Judge Sue L. Robinson ) Notice 
to all parties, (rd) 

TRANSCRIPT filed [0-0] telephone conference for dates of 
06/11/02; Judge Robinson presiding; Crt Rptr V. Gunning 
present, (rd) [Entry date 07/02/02] 

CERTIFICATE OF SERVICE by Smith & Nephew Inc. re (l)Resp. 
to modified 1st set of interrog (Nos. 1-7) and (2) Resp. to 
modified 1st set of req for prod of docs (nos. 1-54) (rd) 
[Entry date 07/02/02] 

CERTIFICATE OF SERVICE by Smith & Nephew Inc. re (1) Resp 
to 2nd set of interrogs (Nos. 8-13) and (2) Resp to 2nd set 
of req. for prod, of docs (Nos. 55-74) (rd) 

Letter to Judge Robinson from W. Marsden, Jr. re topics for 
status conference on 7/23/02 (rd) 

Letter to Judge Robinson from J. Blumenfeld re matters for 
the agenda for the conference on 7/23/02 (rd) 

Discovery hearing held Judge Robinson presiding; Crt rptr 
B. Gaffigan present (rd) [Entry date 07/24/02] 

Steno Notes for 7/23/02; Discovery hearing; Crt Rptr B. 
Gaffigan (rd) [Entry date 07/24/02] 

MOTION by Smith & Nephew Inc. with Proposed Order to 
Bifurcate Willfulness and Damages , and to Stay Discovery 
Answer Brief due 8/7/02 re: [107-1] motion, Answer Brief 
due 8/7/02 re: [107-2] motion (rd) 

Opening Brief Filed by Smith & Nephew Inc. [107-1] motion 
to Bifurcate Willfulness and Damages, [107-2] motion to 
Stay Discovery (rd) 

Declaration of William J. Marsden, Jr. in support of DI # 
107 (rd) 

Deadline updated; set Telephone Conference for 4:00 
8/27/02 (ft) 

SEALED TRANSCRIPT filed [0-0] discovery hearing for dates 
of 7/23/02; Judge Robinson Presiding; Crt Rptr: B. Gaffigan 
(ft) [Entry date 07/26/02] [Edit date 07/26/02] 

SEALED Second MOTION by Smith & Nephew Inc. for Leave to 
File amended answer and counterclm Answer Brief due 8/14/02 
re: [111-1] motion (ft) [Edit date 07/31/02] 


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7/31/02 112 

7/31/02 113 

8/2/02 114 

8/2/02 115 

8/6/02 

8/7/02 116 

8/7/02 117 

8/7/02 118 

8/7/02 119 

8/9/02 120 

8/12/02 121 

8/13/02 -- 

8/14/02 122 
8/15/02 

8/15/02 123 


SEALED Opening Brief Filed by Smith & Nephew Inc. [111-1] 
motion for Leave to File amended answer and counterclm (ft) 

SEALED Declaration of Keith A. Walter, Jr. in support of 
Smith & Nephew's second motion for leave to amend answer 
and counterclm. (ft) 

STIPULATION to extend time for pltf to serve and file its 
answering brief in opposition to dft's motion to bifurcate 
willfulness and damages and stay discovery (DI # 108) ; with 
proposed order (ft) [Entry date 08/05/02] 

Letter to Clerk from W. Marsden, Jr. enclosing a corrected 
cover page and page 2 to Dft Smith & Nephew's Opening Brief 
in Support of its Motion to Bifurcate Willfulness and 
Damages (DI # 108); requests the pages to be substituted; 
also enclosed is a corrected form of the Motion filed on 
7/23/02 (DI # 107) (ft) [Entry date 08/05/02] 
[Edit date 08/05/02] 

So Ordered granting [114-1] stipulation reset Answer 
Brief Deadline to 8/9/02 re: [107-1] motion to Bifurcate 
Willfulness and Damages, 8/9/02 re: [107-2] motion to Stay 
Discovery ( signed by Judge Sue L. Robinson ) Notice to 
all parties, (ft) 

NOTICE by ArthroCare Corp. to take deposition of- Joan 
McCreary on 8/21/02 (rd) [Entry date 08/09/02] 

NOTICE by ArthroCare Corp. to take deposition of Karen 
Dmcker on 8/22/02 (rd) [Entry date 08/09/02] 


3rd NOTICE by ArthroCare Corp. 
Smith & Nephew on 8/20/02 (rd) 

2nd NOTICE by ArthroCare Corp. 
Smith & Nephew on 8/19/02 (rd) 


to take deposition of deft. 
[Entry date 08/09/02] 

to take deposition of deft. 
[Entry date 08/09/02] 


SEALED Answer Brief Filed by ArthroCare Corp. [107-1] 
motion to Bifurcate Willfulness and Damages - Reply Brief 
due 8/16/02, [107-2] motion to Stay Discovery - Reply 
Brief due 8/16/02 (rd) [Entry date 08/12/02] 

STIPULATION to extend time for pltf. to file answering 
brief to DI#111; with proposed order (rd) 
[Entry date 08/13/02] 

Deadline updated; set Telephone Conference for 4:30 
8/15/02 (rd) 

Letter to Clerk from J. Blumenfeld enclosing new page 17 to 
be substituted into DI#120. (rd) [Entry date 08/15/02] 

So Ordered granting [121-1] stipulation reset Answer 
Brief Deadline to 8/16/02 re: [111-1] motion for Leave to 
File amended answer and counterclm ( signed by Judge Sue 
L. Robinson ) Notice to all parties, (rd) 

STIPULATION to extend time for deft, to file reply brief to 
DI8107; with proposed order (rd) 


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8/15/02 124 

8/15/02 125 
8/15/02 

8/16/02 -- 

8/16/02 126 

8/16/02 127 

8/16/02 128 

8/19/02 129 

8/21/02 130 

8/21/02 131 

8/22/02 132 

8/22/02 133 

8/23/02 

8/23/02 134 


Letter to Judge Robinson from W. Marsden, Jr. identifying 
issues deft, shall raise at telecnf. on 8/15/02 (rd) 

Letter to Judge Robinson from J. Blumenfeld re subjects for 
today's telecnf. (rd) 

Tele -conference held re discovery; Judge Robinson 
presiding; crt . rptr. B. Gaffigan. (rd) 
[Entry date 08/19/02] 

So Ordered granting [123-1] stipulation reset Reply 
Brief Deadline to 8/21/02 re: [107-1] motion to Bifurcate 
Willfulness and Damages, 8/21/02 re: [107-2] motion to 
Stay Discovery { signed by Judge Sue L. Robinson ) Notice 
to all parties, (rd) 

Steno Notes for 8/15/02 telecnf.; Judge Robinson presiding; 
crt. rptr. B. Gaffigan. (rd) [Entry date 08/19/02] 

TRANSCRIPT filed [0-0] telephone conference for dates of 
8/15/02; Judge Robinson presiding; crt. rptr. B. Gaffigan. 
(rd) [Entry date 08/19/02] 

SEALED Answer Brief Filed by ArthroCare Corp. [111-1] 
motion for Leave to File amended answer and counterclm 
Reply Brief due 8/23/02 (rd) [Entry date 08/19/02] 

CERTIFICATE OF SERVICE by Smith & Nephew Inc. re (1) ob j . 
to ntc. of depo. of Karen Drucker; (2) ob j . to ntc. of 
depo. of Joan McCreary; (3) obj . to 2nd ntc. of depo.; and 
(4) obj. to 3rd ntc. of depo. (rd) 

SEALED Reply Brief Filed by Smith & Nephew Inc. [107-1] 
motion to Bifurcate Willfulness and Damages, [107-2] motion 
to Stay Discovery (ft) [Entry date 08/22/02] 

SEALED Declaration of Keith A. Walter, Jr. in support of 
Smith & Nephew's Reply Brief in support of its Motion to 
Bifurcate Willfulness and Damages (ft) [Entry date 08/22/02] 
[Edit date 08/22/02] 

NOTICE by ArthroCare Corp. to take deposition of Todd 
Plevinsky on 9/17/02; Mike Long on 9/18/02; Dianne DeLucia 
on 9/2 5/02; Ron Sparks on 9/26/02; David Balford on 9/27/02; 

Kara Weldon on 9/25/02; Kate Knudsen on 9/26/02; and Tom 
Ross on 9/27/02 (ft) [Entry date 08/23/02] 

Letter to Deputy Clerk Tassone from K. Walter, Jr. re Smith 
& Nephew's Correct Reply Brief on its Motion to Bifurcate, 
clarifying the title to have "and Stay Discovery"; various 
corrections in the brief; requesting substitution of the 
brief for the one originally filed (D.I. # 130) (ft) 
[Entry date 08/23/02] [Edit date 08/23/02} 

Deadline updated; set Telephone Conference for 4:00 
8/27/02 re status (rd) 

STIPULATION to extend time for the dft. to file its Reply 


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8/26/02 135 

8/26/02 136 

8/26/02 137 

8/27/02 -- 

8/27/02 138 

8/27/02 139 

8/27/02 140 

8/27/02 

8/29/02 141 

8/29/02 142 

8/29/02 145 

9/3/02 143 

9/4/02 144 


Brief in support of its Second Motion for Leave to Amend 
Answer and Counterclaim; with proposed order (ft) 
[Entry date 08/26/02] 

SEALED Reply Brief Filed by Smith & Nephew Inc. [111-1] 
Second motion for Leave to File amended answer and 
counterclm (ft) [Entry date 08/27/02] 

Letter to Judge Robinson from K. Walter, Jr. requesting 
oral argument on Smith & Nephew's Motion to Bifurcate 
Willfulness and Damages, and Stay Discovery (D.I. 107) (ft) 
[Entry date 08/27/02] 

Letter to Judge Robinson from M. Noreika enclosing a copy 
of an order entered by Judge Sleet in C.A. No. 01-051 GMS; 
pertinent to D.I. # 45, D.I. # 55, and D.I. # 65 in C.A. 
No. 01-504-SLR (ft) [Entry date 08/27/02] 

So Ordered granting [134-1] stipulation reset Reply 
Brief Deadline to 8/26/02 re: [111-1] motion for Leave to 
File amended answer and counterclm ( signed by Judge Sue 
L. Robinson ) Notice to all parties, (ft) 

Letter to Judge Robinson from K. Walter re agenda for 
telephone conference at 4:00pm 8/27/02 (ft) 

Letter to Judge Robinson from K. Walter responding to M. 
Noreika' s letter of 8/26/02 and submitting supplemental 
authority to the court pursuant to DE Local Rule 7.1.2(c) 
(ft) 

Letter to Judge Robinson from M. Noreika re issues that 
need to be addressed at the teleconference at 4:00 pm 
8/27/02; Arthrocare wishes to discuss deposition scheduling 
and the status of the accused Dyonics Control RF Product (ft) 

Tele-conference held; Judge Robinson presiding; Crt Rptr 
K. Maurer; re case status (ft) [Entry date 08/28/02] 

MEMORANDUM ORDER denying [62-1] motion for Reargument of 
[53-1] order, denying (45-1) motion for Leave to File 
Amended Answer & Counterclaim ( signed by Judge Sue L. 
Robinson ) copies to: cnsl . (rd) 

Letter to Judge Robinson from K. Walter, Jr. requesting 
oral argument on Smith & Nephew's Second Motion for Leave 
to Amend Answer and Counterclaim (DI # 111) (ft) 
[Entry date 09/03/02] 

Steno Notes for 8/27/02; notes of telecnf.; Judge Robinson 
presiding; Crt Rptr K. Maurer (ft) [Entry date 09/06/02] 

TRANSCRIPT filed [0-0] telephone conference for dates of 
8/27/02; Judge Robinson presiding; Crt Rptr K. Maurer (ft) 
[Entry date 09/04/02] 

Revised First NOTICE by ArthroCare Corp. to take 
deposition of Smith & Nephew, Inc. on 9/26/02 (ft) 
[Entry date 09/06/02] 


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9/6/02 146 

9/6/02 147 

9/10/02 148 

9/10/02 149 

9/10/02 150 

9/10/02 151 

9/10/02 152 

9/10/02 153 


9/11/02 154 

9/11/02 155 

9/12/02 156 

9/13/02 157 

9/13/02 158 

9/13/02 159 

9/13/02 160 


NOTICE by Smith & Nephew Inc. to take deposition of 
Arthrocare Corp. on 9/24/02 <rd) [Entry date 09/09/02] 

Letter to Judge Robinson from J. Blumenfeld re pending 
motion to bifurcate willfulness adn damages (DI#107) . (rd) 
[Entry date 09/09/02] 

NOTICE by Smith & Nephew Inc. to take deposition of Alan 
Weinstein on 10/4/02 (ft) [Entry date 09/13/02] 

NOTICE by Smith & Nephew Inc. to take deposition of James 
Pacek on 10/2/02 (ft) [Entry date 09/13/02] 

NOTICE by Smith & Nephew Inc. to take deposition of Jean 
Woloszko on 10/1/02 (ft) [Entry date 09/13/02] 

NOTICE by Smith & Nephew Inc. to take deposition of 
Fernando Sanchez on 10/3/02 (ft) [Entry date 09/13/02] 

NOTICE by ArthroCare Corp. to take deposition of Mark 
Kieras, Linda Guthrie, and Duane Marion; date to be 
provided by Smith & Nephew no later than 9/11/02, (ft) 
[Entry date 09/13/02] 

Letter to Judge Robinson from W. Marsden, Jr. responding to 

D. I. U 147 regarding the timing of Smith & Nephew's 
election whether or not to rely on the advice of cnsl as a 
defense to ArthroCare's charge of willful infringement; 
Arthrocare seeks a ruling in its favor on Smith & Nephew's 
motion to bifurcate and stay {D.I. #107) without waiting 
for a decision on the merits of that fully briefed motion 
(ft) [Entry date 09/13/02] 

NOTICE by Smith & Nephew Inc. to take deposition of Dennis 
Denen on 9/20/02 (ft) [Entry date 09/16/02] 

Objections to pltf Arthrocare Corporation's Revised First 
Notice of Deposition by Smith & Nephew Inc. (ft) 
[Entry date 09/16/02] 

Fourth NOTICE by ArthroCare Corp. to take deposition of 
Smith & Nephew, Inc. on 9/27/02 (ft) [Entry date 09/16/02] 
[Edit date 09/16/02] 

NOTICE by Smith & Nephew Inc. to take deposition of Andrew 
R. Eggers on 10/2/02 (ft) [Entry date 09/16/02] 

NOTICE by Smith 6 Nephew Inc. to take deposition of Philip 

E. Eggers on 9/26/02 (ft) [Entry date 09/16/02] 

NOTICE by Smith & Nephew Inc. to take deposition of Eric 
A. Eggers on 10/1/02 (ft) [Entry date 09/16/02] 

MOTION by Smith & Nephew Inc. with Proposed Order for 
Reconsideration of a portion of the Court's [141-1] order 
seeks reargument and reconsideration of paragraphs 2 and 3 
of the Order; Answer Brief due 9/27/02 re: [160-1] motion 
(ft) [Entry date 09/16/02] 


9/25/02 161 


Letter to Judge Robinson from J. Blumenfeld requesting a 


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9/26/02 162 

9/26/02 163 

9/26/02 164 

9/26/02 165 

9/26/02 166 

9/26/02 167 

9/27/02 168 

9/27/02 169 

9/27/02 170 

10/3/02 171 

10/3/02 172 

10/7/02 173 
10/8/02 


teleconf. to resolve disputes in connection with 
depositions; Fact discovery due to close 10/15/02 (ft) 
[Entry date 09/26/02] 

CERTIFICATE OF SERVICE by Smith & Nephew Inc. re subpoena 
upon Andrew Eggers, Eggers & Associates, Inc., Dublin, OH 
(ft) [Entry date 09/30/02] 

CERTIFICATE OF SERVICE by Smith & Nephew Inc. re subpoena 
upon Eric Eggers, Eggers & Associates, Inc., Dublin, OH (ft) 
[Entry date 09/30/02] 

CERTIFICATE OF SERVICE by Smith & Nephew Inc. re subpoena 
upon Gyrus Medical, Ltd., Maple Grove, MN <ft) 
[Entry date 09/30/02] 

CERTIFICATE OF SERVICE by Smith & Nephew Inc. re subpoena 
upon Philip Eggers, Eggers & Associates, Inc., Dublin, OH 
(ft) [Entry date 09/30/02] 

CERTIFICATE OF SERVICE by Smith & Nephew Inc. re subpoena 
upon the Custodian of Records, Eggers & Associates, Inc., 
Dublin, OH (ft) [Entry date 09/30/02] 

Answer Brief Filed by ArthroCare Corp. [160-1] motion for 
Reconsideration of a portion of the Court's [141-1] order 
- Reply Brief due 10/3/02 (ft) [Entry date 09/30/02] 

Letter to Judge Robinson from W. Marsden, Jr. responding to 
Mr. Blumenf eld's letter of 9/25/02 (DI # 161) requesting a 
teleconf to resolve discovery disputes that have arisen; 
Smith & Nephew agrees that a teleconf. is needed but writes 
to correct the record with respect to the issues raised by 
ArthroCare and identify additional discovery issues Smith & 
Nephew would like the Court to address at the teleconf. (ft) 
[Entry date 10/01/02] 

CERTIFICATE OF SERVICE by ArthroCare Corp. re objs to ntc 
of deposition (ft) [Entry date 10/01/02] 

Objections to Smith & Nephew's Notice of Deposition under 
Fed. R . Civ. P. 30 (b) (6) by ArthroCare Corp. (ft) 
[Entry date 10/01/02] 

NOTICE by Smith & Nephew Inc. to take deposition of Jack 
C. Cordes on 10/15/02 (ft) [Entry date 10/07/02] 

MOTION by Smith & Nephew Inc. with Proposed Order to 
Strike [167-1] answer brief (Arthrocare Corporation's 
Opposition to Smith & Nephew's Motion for Reargument) 
Answer Brief due 10/17/02 re: [172-1] motion (ft) 
[Entry date 10/07/02] 

MOTION by Smith & Nephew Inc. with Proposed Order for 
Thomas M. Johnston, Esq. and Katherine D. Prescott, Esq. to 
Appear Pro Hac Vice re: [173-1] motion (ft) 
[Entry date 10/08/02] 

So Ordered granting [173-1] motion for Thomas M. Johnston, 
Esq. and Katherine D. Prescott, Esq. to Appear Pro Hac Vice 


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10/10/02 174 


10/11/02 

10/15/02 175 

10/15/02 -- 
10/15/02 

10/15/02 176 

10/15/02 177 

10/16/02 178 

10/17/02 179 

10/18/02 180 

10/29/02 181 

10/30/02 182 
10/30/02 


( signed by Judge Sue L. Robinson ) Notice to all parties, 
(rd) [Entry date 10/09/02] 

Letter to Judge Robinson from K. Walter, Jr. requesting a 
teleconference with the Court to resolve discovery disputes 
that have arisen in connection with fact discovery and in 
connection with the parties* letters previously submitted 
on 9/25/02 and 9/27/02; two general issues which require 
guidance before the close of fact discovery on 10/15/02; 
Smith & Nephew requests that the remaining deadlines in 
this case be extended to allow Smith & Nephew time to 
gather all the evidence to which it is entitled to prepare 
for trial (ft) 

Deadline updated; set Telephone Conference for 8:30 
10/15/02 (ft) 

CERTIFICATE OF SERVICE by ArthroCare Corp. re (1) suppl . 
ob j . and resp. to 1st set of interrogs. (nos. 4-6); and (2) 
suppl. obj . and resp. to interrogs. (nos. 20 and 21) (rd) 

Tele -conference held; Judge Robinson presiding; crt . rptr. 
B. Gaffigan present; re discovery issues, (rd) 

Deadline updated; set Discovery Hearing for 9:30 
10/30/02set during telecnf. on 10/15/02 (rd) 

SEALED Letter from Jack B. Blumenfeld to the Honorable Sue 
L. Robinson dated 10/15/02 (ft) [Entry date 10/16/02] 

TRANSCRIPT filed [0-0] telephone conference for dates of 
10/15/02; Judge Robinson presiding; Crt Rptr B. Gaffigan (ft) 
[Entry date 10/17/02] 

CERTIFICATE OF SERVICE by ArthroCare Corp. re supplemental 
objs and resp to dft interrog No. 11 (ft) 
[Entry date 10/17/02] 

Steno Notes for 10/15/02 teleconference; Judge Robinson 
presiding; Crt Rptr B. Gaffigan (ft) 

Answer Brief Filed by ArthroCare Corp. [172-1] motion to 
Strike [167-1] answer brief (Arthrocare Corporation's 
Opposition to Smith & Nephew's Motion for Reargument) 
Reply Brief due 10/25/02 (ft) 

Letter to Judge Robinson from J. Blumenfeld re conference 
at 9:30 10/30/02; ArthroCare would like to raise the 
following matters: 1. Status of Depositions; 2. Status of 
Document Production; 3. Scheduling; 4. Smith & Nephew's 
Invalidity Contentions; and 5. Reliance on Advice of 
Counsel (ft) 

Letter to Judge Robinson from W. Marsden re conference at 
9:30 10/30/02; would like to raise the following matters: 
1. scheduling; 2. deposition status; 3. document production; 
4. contention interrogatories (ft) 

Discovery hearing held; Judge Robinson presiding; Crt Rptr 
V. Gunning present; re discovery issues; Smith & Nephew 


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10/30/02 

11/6/02 183 

11/7/02 184 
11/7/02 

11/7/02 

11/8/02 185 

11/12/02 186 

11/14/02 187 

11/14/02 188 

11/14/02 189 

11/15/02 190 

11/18/02 191 


ordered to produce certain docs for in camera review; 
Arthrocare to produce prior art through date of patent 
issue; Arthrocare must identify docs from Mr. Eggers or 
allow Smith & Nephew to review Mr. Egger's docs; Arthrocare 
ordered to search for emails or confirm none exist; all 
parties to schedule remaining depositions within one week 


Deadline updated; set Telephone Conference for 12:00 
11/7/02 set in court on 10/30/02 (ft) 

Letter to Judge Robinson from J. Blumenfeld re status of 
discovery in advance of telephone conference; would like to 
discuss items 4 and 5 of 10/29/02 letter; attached is a 
proposed revision to the scheduling order (ft) 

Letter to Judge Robinson from M. Hebert writing on behalf 
of Smith & Nephew to list the items would like to raise 
during 11/7/02 telephone conference (ft) 

Tele -conference held; Judge Robinson presiding; crt. rptr. 
B. Gaffigan; re discovery issues; set oral argument on 
"stay" for 11/25/02 at 11:00; parties to file briefs re 
motion for stay shortly, (rd) 

Deadline updated; set Oral Argument for 11:00 11/25/02 
re "stay"; set during teleenf. on 11/7/02 (rd) 

TRANSCRIPT filed [0-0] telephone conference for dates of 
11/7/02; Judge Robinson presiding; Court Rptr B. Gaffigan 
(ft) [Entry date 11/12/02J 

Steno Notes for 11/7/02 teleconference; Judge Robinson 
presiding; Crt Rptr B. Gaffigan (ft) 

MOTION by Smith & Nephew Inc. with Proposed Order to Stay 
these proceedings pending the reexamination of U.S. Patent 

•536 Answer Brief due 11/29/02 re: [187-1] motion (ft) 

[Entry date 11/15/02] 

SEALED Memorandum in Support Filed by Smith & Nephew Inc. 
[187-1] motion to Stay these proceedings pending the 
reexamination of U.S. Patent '536 (ft) [Entry date 11/15/02] 

SEAT, ED Declaration of Mark Hebert in support of DI # 188 (ft) 
[Entry date 11/15/02] [Edit date 11/15/02] 

Letter to Judge Robinson from W. Marsden, Jr. enclosing 
documents and explanation of redactions to the Court for in 
camera review in accordance with the Court's instructions in 
the 10/30/02 conference and 11/7/02 teleconference; Smith & 
Nephew has also provided the declaration of Eugene B. 
Joswick; the documents and the declaration disclose 
privileged information and have not been served on 
ArthroCare; (Sealed enclosures given to Judge Robinson) (ft) 
[Entry date 11/18/02] [Edit date 11/20/02] 

Letter to Judge Robinson from K. Walter, Jr. enclosing, in 
addition to the material Smith & Nephew submitted on 
11/15/02 for in camera review, copies of SN 20822 in 


(ft) 


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11/18/02 192 

11/18/02 193 

11/21/02 194 

11/21/02 195 
11/22/02 196 

11/22/02 197 
11/22/02 198 

11/22/02 199 

11/22/02 200 
11/25/02 201 
11/25/02 202 
11/25/02 203 
11/25/02 204 


redacted and unredacted form and an explanation for the 
redaction attached as Exhibit A; material was inadvertently 
omitted from the binder that Smith & Nephew submitted on 
11/15/02 {Sealed enclosures given to Judge Robinson) (ft) 
[Edit date 11/20/02] 

Letter to Clerk from W. Marsden, Jr. enclosing the original 
signature page for Declaration of Mark J. Hebert in support 
of Smith Sc Nephew's Motion to Stay (DI 189); requests 
replace the faxed version previously submitted with the 
enclosed original (ft) [Entry date 11/19/02] 

CERTIFICATION OF PERRY CLARK by ArthroCare Corp. re 
illegible documents; to the extent better copies could be 
located, they were produced to Smith & Nephew at Mr. 
Eggers' deposition on 11/13/02 (ft) [Entry date 11/19/02] 

SEALED Answer Brief Filed by ArthroCare Corp. [187-1] 
motion to Stay these proceedings pending the reexamination 
of U.S. Patent '536 - Reply Brief due 11/29/02 (ft) 
[Entry date 11/22/02] 

SEALED Appendix to Brief Filed by ArthroCare Corp. 
Appending [194-1] answer brief (ft) [Entry date 11/22/02] 

Letter to Judge Robinson from W. Marsden re addressing some 
issues have yet to resolve with ArthroCare regarding its 
document production; requests that the Court order 
ArthroCare to produce the requested documents and 
information (ft) [Entry date 11/25/02] 

Letter to Judge Robinson from M. Hebert re 
partially-illegible documents that came up during the 
Telecnf . on 11/7/02 (ft) [Entry date 11/25/02) 

MOTION by Smith & Nephew Inc. with Proposed Order to 
Compel Ethicon, Inc. to comply with subpoena Duces Tecum 
and Ad Testificandum Answer Brief due 12/6/02 re: [198-1] 
motion (ft) [Entry date 11/25/02] 

SEALED Opening Brief Filed by Smith & Nephew Inc. [198-1] 
motion to Compel Ethicon, Inc. to comply with subpoena 
Duces Tecum and Ad Testificandum (ft) [Entry date 11/25/02] 

SEALED Declaration of Thomas M. Johston in support of DI # 
198 (ft) [Entry date 11/25/02] 

Letter to Judge Robinson from K. Jacobs Louden enclosing DI 
# 202, a proposed Revised Scheduling Order (ft) 

Proposed Revised Scheduling Order filed by ArthroCare Corp. 


TRANSCRIPT filed [0-0] discovery hearing for dates of 
10/30/02; Judge Robinson presiding; Crt Rptr V. Gunning (ft) 

SEALED MOTION by Smith & Nephew Inc. to Strike Documents 
as inadmissible hearsay Answer Brief due 12/9/02 re: 
[204-1] motion (ft) 


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11/25/02 
11/26/02 205 

11/27/02 206 


11/27/02 207 

11/27/02 208 
11/27/02 209 

11/27/02 219 
11/27/02 

12/2/02 210 


Status conference held; Judge Robinson presiding; Crt Rptr 
Hawkins; decisions: (1) produce illegible documents -Denied; 

(2) Motion for Re-Argument on inequitable conduct -Denied; 
and (3) Trial will be bifurcated into liability and Damages 

(ft) [Entry date 12/02/02) 

Letter MOTION by ArthroCare Corp. to object to the 
disclosure of ArthroCare' s confidential information to 
Kenneth Burchfiel, Smith & Nephew's proposed patent law 
expert Arthrocare objected to the disclosure; Mr. 
Burchfiel has no need to view ArthroCare* s confidential 
information; should not be permitted access to ArthroCare* s 
confidential information re: (205-1] motion (ft) 

Memorandum ORDER denying [187-1] motion to Stay these 
proceedings pending the reexamination of U.S. Patent »536; 
see order for reasons; denying [172-1] motion to Strike 

[167-1] answer brief (Arthrocare Corporation's Opposition to 
Smith & Nephew's Motion for Reargument) , denying [160-1] 
motion for Reconsideration of a portion of the Court's 

[141-1] order, granting [111-1] motion for Leave to File 
amended answer and counterclm; However, discovery and trial 
of dft's newly added counterclaim for antitrust violations 
are stayed consistent with the ruling on the issues of 
damages and willf ullf ulness; granting [107-1] motion to. 
Bifurcate Willfulness and Damages, granting [107-2] motion 
to Stay Discovery; discovery on the issues of willfulness 
and damages will be stayed until after the verdict on 
infringement and invalidity has been returned; these issues 
will be tried to a new jury; Dft's claim of privilege 
pertaining to redactions in certain documents (DI # 190) is 
denied; court finds that the info, redacted is equivalent 
to the info, required to be included in a privilege log, 
and thus not privileged info. ( signed by Judge Sue L. 
Robinson ) copies to: cnsl (ft) 

Letter to Clerk from K. Walter, Jr. re hearing before Judge 
Robinson yesterday; counsel for Smith & Nephew distributed 
the attached Table entitled Comparison of '592 and '536 
Patent Claim Language; submitting for filing with the court; 

also filing separately, the Supplemental Declaration of 
Mark Hebert (DI # 208), which was also distributed at the 
hearing (ft) 

Supplemental Declaration of Mark J. Hebert in support of 
Smith & Nephew's Motion to Stay (ft) 

TRANSCRIPT filed for Oral Argument for dates of 11/25/02; 
Judge Robinson presiding; Crt Rptr. Hawkins Reporting 
Service (ft) [Entry date 12/02/02] 

Amended ANSWER to complaint and COUNTERCLAIM by Smith & 
Nephew Inc. ; jury demand against ArthroCare Corp. (rd) 
[Entry date 12/23/02] 

So Ordered mooting [204-1] motion to Strike Documents as 
inadmissible hearsay per D.I. # 206 (Memorandum Order) (ft) 
[Entry date 04/09/03] 

Letter to Judge Robinson from J. Blumenfeld re proposed 


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12/3/02 211 


12/3/02 212 


12/3/02 214 
12/4/02 213 

12/9/02 215 
12/10/02 216 

12/11/02 -- 


12/11/02 217 


12/23/02 218 


12/26/02 220 


revised scheduling order filed on 11/25/02 (DI # 201 and 
202); now that the stay motion has been denied, would like 
to get a schedule in place promptly; request that it be 
entered (ft) [Entry date 12/03/02J 

Letter to Judge Robinson from J. Blumenfeld re 11/27/02 
Order; granted Smith & Nephew's motion to amend its answer 
to assert an antitrust counterclaim; stayed discovery and 
trial on that counterclaim until after the trial of the 
patent issues; it is ArthroCare's understanding that it 
need not respond to the antitrust counterclaim until after 
the patent trial (ft) [Entry date 12/04/02] 

Letter to Judge Robinson from W. Marsden, Jr. responding to 
DI # 210 requesting entry of ArthroCare's proposed 
scheduling order; Smith & Nephew opposes entry of the 
proposed scheduling order; enclosing Smith & Nephew's 
proposed scheduling order; request entry; alternatively, 
request a teleconference to resolve scheduling issues (ft) 
[Entry date 12/04/02] 

SEALED Letter to The Honorable Sue L. Robinson from Jack R. 
Blumenfeld (ft) [Entry date 12/06/02] 

Letter to Judge Robinson from J. Blumenfeld re Smith & 
Nephew's letter of 12/3/02 and proposed scheduling orders- 
parties have proposed different paths; available for a 
telephone conference (ft) [Entry date 12/06/02] 

STIPULATION to extend time for Ethicon, Inc. to file an 
answering brief in opposition to DI # 198; with proposed 
order (ft) [Entry date 12/10/02] 

SEALED Letter to Chief Judge Sue L. Robinson from William 
J. Marsden, Jr. responding to outstanding document 
production issues with Exhibits A through H (ft) 
[Entry date 12/11/02] 

So Ordered granting [215-1] stipulation reset Answer 
Brief Deadline to 1/17/03 re: [198-1] motion to Compel 
Ethicon, Inc. to comply with subpoena Duces Tecum and Ad 
Testificandum ( signed by Judge Sue L. Robinson ) Notice 
to all parties, (rd) 

Letter to Judge Robinson from W. Marsden, Jr. responding to 
Ms. Jacobs Louden's letter of 11/26/02 (DI # 204); request 
that the Court overrule ArthroCare's objection and allow 
Smith & Nephew to show confidential material to its patent 
law expert (ft) [Entry date 12/12/02] 

Letter to Judge Robinson from J. Blumenfeld requesting a 
conference with the Court so that a schedule for the 
remainder of the case can be put into place leading to the 
4/28/03 trial date (ft) 

Letter to Judge Robinson from W. Marsden, Jr. re DI # 218; 
letter of 12/23/02 requesting a teleconf . to set a schedule 
for the remainder of this case; Smith & Nephew would have 
no objection to the Court extending the trial date to allow 
time for decision on the Markman issues and sum jgnu; seek 


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1/2/03 221 


1/9/03 

1/9/03 222 
1/17/03 223 

1/22/03 224 

1/22/03 

1/22/03 

1/23/03 225 


1/23/03 
1/24/03 226 
1/27/03 227 


Court's assistance in narrowing the issues for trials- 
request that the Court schedule a date two weeks before 
burden expert reports are due that ArthroCare must narrow 
the claims to the handful they wish to take to trial (ft) 
[Entry date 12/30/02] 

Letter to Judge Robinson from J. Blumenfeld responding to 
Smith & Nephew* s 12/26 letter concerning the setting of a 
schedule and the 4/28/03 trial date ( DI # 220); no reason 
why this case cannot be ready for trial 4 months from now; 
ArthroCare again requests a conference to get the 
scheduling impasse resolved (ft) [Entry date 01/03/03J 

Deadline updated; set Status Conference for 2:00 1/22/03 
per recent filings by the parties re scheduling matters (rd) 

Letter to Judge Robinson from K. Jacobs Louden confirming 
that the Court has set an in-person status conference on 
1/22/03 at 2:00 p.m. (ft) [Entry date 01/10/03] 

SEALED Answer Brief Filed by Ethicon, Inc [198-1] motion to 
Compel Ethicon, Inc. to comply with subpoena Duces Tecum 
and Ad Testificandum - Reply Brief due 1/24/03 (rd) 
[Entry date 01/21/03] 

Steno Notes for 1/22/03 Status Conference; Judge Robinson 
presiding; Crt Rptr. L. Dibbs (ft) [Entry date 01/23/03] 

Status conference held; Judge Robinson presiding; crt. 
rptr. L. Dibbs (rd) [Entry date 01/23/03] 

So Ordered mooting [198-1] motion to Compel Ethicon, Inc. 
to comply with subpoena Duces Tecum and Ad Testificandum; 
per Status Conference 1/22/03 (ft) [Entry date 04/09/03] 

Revised SCHEDULING ORDER; on or before 1/29/03 deft, shall 
submit to pltf . its final claim construction; on or before 
2/5/03 pltf. shall file its expert report (s) on issues for 
which it has the burden of proof (most 

notably- infri ngement ) ; deft, shall file its rebuttal expert 
report by 2/19/03; by 2/12/03 deft, shall file its expert 
report (s) for which it has the burden of proof (most 
notably invalidity); pltf. shall file rebuttal expert 
report by 2/26/03; summary jgm. motions due 3/4/03; oral 
argument shall be 4/1/03 at 4:30; all motions in limine due 
4/1/03 with responses due 4/8/03; setting Pretrial 
conference for 4:30 4/15/03 ; Jury Trial Date Deadline 9:30 
4/28/03 ; See order for further details (signed by Judge 
Sue L . Robinson ) copies to: cnsl. (rd) 

Deadline updated; Oral Arugment on Summary Jgm. Motions 
for 4:30 4/1/03 per DI#225 (rd) 

TRANSCRIPT filed [0-0] status conference for dates of 
1/22/03; Judge Robinson presiding; Crt Rptr. L. Dibbs (ft) 

SEALED Reply Brief Filed by Smith & Nephew Inc. [198-1] 
motion to Compel Ethicon, Inc. to comply with subpoena 
Duces Tecum and Ad Testificandum (ft) [Entry date 01/29/03] 


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1/27/03 228 

1/27/03 229 

1/28/03 230 

1/29/03 231 

1/30/03 232 

1/31/03 233 

2/3/03 234 
2/5/03 

2/10/03 235 

2/11/03 236 
2/11/03 

2/11/03 237 

2/12/03 238 

2/13/03 -- 


Declaration of Mark J. Hebert in support of DI ft 227 (ft) 
[Entry date 01/29/03] 

Notice of Deficiency from the court to defendant Smith & 
Nephew Inc.; no original signature on DI ft 228 (ft) 
[Entry date 01/29/03] 

Letter to Clerk from K. Walter, Jr. enclosing original 
signature page for DI ft 228 which was filed on 1/27/03; 
please replace the faxed version previously submitted with 
the enclosed original (ft) [Entry date 01/29/03] 

Letter MOTION by ArthroCare Corp. to object to the 
disclosure of ArthroCare 1 s confidential information to 
Ronald Panitch, Smith & Nephew's proposed patent law expert 
re: [231-1] motion (ft) [Entry date 01/30/03] 

Letter to Clerk from K. Walter, Jr. enclosing replacement 
Exhibits I and 0 which contain the correct letters to 
Declaration of Mark J. Hevert in Support of Smith & 
Nephew's Reply Brief in Support of its Motion to Compel 
Ethicon, which was filed on 1/27/03; replace the attached 
exhibits with version previously submitted with the 
original (ft) [Entry date 01/31/03] 

Letter to Judge Robinson from S. Balick requesting oral 
argument on deft.'s motion to compel (D.I. 198). (rd) 
[Entry date 02/03/03] 

STIPULATION to extend time for Ethicon to respond to the 
counterclaim; with proposed order (rd) [Entry date 02/04/03] 

So Ordered granting [234-1] stipulation; Ethicon must 
respond to deft.'s counterclaim within 30 days after 
Ethicon' s cnsl. receives ntc. from deft. Smith & Nephew's 
cnsl. that there has been a verdict in the patent trial ( 
signed by Judge Sue L. Robinson ) Notice to all parties, (rd) 

Letter to Judge Robinson from W. Marsden, Jr. requesting 
immediate telecnf . with court to address pltf.'s failure to 
limit the asserted claims (rd) 

Letter to Judge Robinson from J. Blumenfeld responding to 
deft.'s letter of 2/10/03 (rd) 

Deadline updated; set Telephone Conference for 7:30 
2/13/03 per req. made in D.I. #235 (rd) 
[Edit date 02/11/03] 

Letter to Judge Robinson from K. Walter, Jr. re 2/13/03 
telecnf. and req. for relief from the 2/12/03 due date for 
deft.'s invalidity expert reports; req. court hold the due 
date for deft, until after the telecnf. date; cnsl. for 
pltf . opposes this request, (rd) 

Letteri to Judge Robinson from K. Walter responding to J. 
Blumenfeld* s letter D.I. 231. (rd) 

Tele -conference held; Judge Robinson presiding; crt . rptr. 
K. Maurer present, (rd) [Entry date 02/14/03 J 


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2/13/03 

2/13/03 -- 

2/14/03 239 

2/14/03 240 

2/20/03 241 

2/21/03 -- 

2/24/03 242 

3/4/03 243 

3/4/03 244 

3/4/03 245 

3/4/03 246 

3/4/03 247 

3/4/03 248 

3/4/03 249 


So Ordered mooting [205-1] letter/motion to object to the 
disclosure of ArthroCare* s confidential information to 
Kenneth Burchfiel, Smith & Nephew's proposed patent law 
expert; per Telephone Conference of 2/13/03 (ft) 
[Entry date 04/09/03] [Edit date 04/09/03] 

So Ordered mooting [231-1] motion to object to the 
disclosure of ArthroCare* s confidential information to 
Ronald Panitch, Smith & Nephew's proposed patent law expert; 

per Telephone Conference of 2/13/03 (ft) 

[Entry date 04/09/03] 

TRANSCRIPT filed [0-0] telephone conference for dates of 
2/13/03; Judge Robinson presiding; crt. rptr. K. Maurer (rd) 

Steno Notes for 2/13/03 telecnf.; Judge Robinson presiding; 
crt. rptr. K. Maurer. (rd) [Entry date 02/19/03] 

STIPULATION to extend time for deft, to serve rebuttal 
expert reports with proposed order (rd) 

So Ordered granting [241-1] stipulation extending time for 
deft, to serve its x-ebuttal expert reports until 2/21/03 ( 
signed by Judge Sue L. Robinson ) Notice to all parties, (rd) 

CERTIFICATE OF SERVICE by ArthroCare Corp. re Opening 
Expert Report of Dr. S. Nahum Goldberg (ft) 
[Entry date 02/27/03] 

CERTIFICATE OF SERVICE by ArthroCare Corp. re Expert 
Reports of (1) Creighton Hoffman, (2) Charles Van Horn, (3) 
Dr. S. Nahum Goldberg and Dr. Elliott H. Leitman. (rd) 
[Entry date 03/05/03] 

ArthroCare Corp. Opening Claim Construction Brief (rd) 
[Entry date 03/05/03] 

SEALED Appendix to Brief Filed by ArthroCare Corp. 
Appending D.I. 244 re claim construction (rd) 
[Entry date 03/05/03] 

SEALED Smith & Nephew Inc. Opening Claim Construction 
Brief (rd) [Entry date 03/05/03] 

MOTION by ArthroCare Corp. for partial Summary Judgment 
that the asserted claims of the patents -in-suit are not 
invalid due to obviousness or based on an alleged on-sale 
bar or public use Answer Brief due 3/18/03 re: [247-1] 
motion (rd) [Entry date 03/05/03] 

Opening Brief Filed by ArthroCare Corp. [247-1] motion for 
partial Summary Judgment that the asserted claims of the 
patents -in- suit are not invalid due to obviousness or based 
on an alleged on-sale bar or public use (rd) 
[Entry date 03/05/03] 

MOTION by ArthroCare Corp. for partial Summary Judgment 
that deft, infringes the asserted claims of the *882 patent 


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Answer Brief due 3/18/03 re: [249-1] motion (rd) 
[Entry date 03/05/03] 

3/4/03 250 SEALED Opening Brief Filed by ArthroCare Corp. [249-1] 

motion for partial Summary Judgment that deft, infringes 
the asserted claims of the '882 patent (rd) 
[Entry date 03/05/03] 

3/4/03 251 MOTION by ArthroCare Corp. with Proposed Order for 

Partial Summary Judgment that deft, infringes claim 1 of 
the '592 patent Answer Brief due 3/18/03 re: [251-1] 
motion (rd) [Entry date 03/05/03] 

3/4/03 252 SEALED Opening Brief Filed by ArthroCare Corp. [251-1] 

motion for Partial Summary Judgment that deft, infringes 
claim 1 of the '592 patent (rd) [Entry date 03/05/03] 

3/4/03 253 SEALED Appendix to Brief Filed by ArthroCare Corp. 

Appending [252-1] opening brief, [250-1] opening brief, 
[248-1] opening brief (rd) [Entry date 03/05/03] 

3/4/03 254 Letter to Judge Robinson from W. Marsden detailing a brief 

description of the filings made today with the court on 
behalf of deft, (rd) [Entry date 03/05/03] 

3/4/03 255 MOTION by Smith & Nephew Inc. with Proposed Order for 

partial Summary Judgment of non- infringement of U.S. 
Patents '536, '882, and '592 Answer Brief due 3/18/03 re: 
[255-1] motion (rd) [Entry date 03/05/03] 

3/4/03 256 SEALED Opening Brief Filed by Smith & Nephew Inc. [255-1] 

motion for partial Summary Judgment of non -infringement of 
U.S. Patents '536, '882, and '592 (rd) [Entry date 03/05/03] 

3/4/03 257 MOTION by Smith & Nephew Inc. with Proposed Order for 

Partial Summary Judgment of (1) nonenablement , (2) 
indef initeness , and (3) lack of written description Answer 
Brief due 3/18/03 re: [257-1] motion (rd) 
[Entry date 03/05/03] 

3/4/03 258 SEALED Opening Brief Filed by Smith & Nephew Inc. [257-1] 

motion for Partial Summary Judgment of (1) nonenablement, 

(2) indef initeness, and (3) lack of written description (rd) 
[Entry date 03/05/03] 

3/4/03 259 MOTION by Smith & Nephew Inc. with Proposed Order for 

Summary Judgment to enforce the settlement agreement 
removing control RF product from the case Answer Brief due 
3/18/03 re: [259-1] motion (rd) [Entry date 03/05/03] 
[Edit date 03/05/03] 

3/4/03 260 SEALED Opening Brief Filed by Smith & Nephew Inc. [259-1] 

motion for Summary Judgment to enforce the settlement 
agreement removing control RF product from the case (rd) 
[Entry date 03/05/03] [Edit date 03/05/03] 

3/4/03 261 MOTION by Smith & Nephew Inc. with Proposed Order for 

Summary Judgment of invalidity based on prior art Answer 
Brief due 3/18/03 re: [261-1] motion (rd) 
[Entry date 03/05/03] 


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3/4/03 262 

3/4/03 263 

3/4/03 264 

3/4/03 265 

3/4/03 266 

3/4/03 267 

3/4/03 268 

3/4/03 269 

3/5/03 270 

3/17/03 271 

3/17/03 272 

3/17/03 273 

3/18/03 274 

3/18/03 275 


SEALED Opening Brief Filed by Smith & Nephew Inc. [261-1] 
motion for Summary Judgment of invalidity based on prior 
art (rd) [Entry date 03/05/03] 

SEALED Declaration of William J. Marsden, Jr. in support of 
deft.'s summary jgm. motions filed 3/4/03 (rd) 
[Entry date 03/05/03] 

SEALED Declaration of William J. Marsden, Jr. Volume 1 in 
support of Deft.'s summary jgm. motions filed 3/4/03 (rd) 
[Entry date 03/05/03] 

SEALED Declaration of William J. Marsden, Jr. Volume 2 in 

support of Deft.'s summary jgm. motions filed 
3/4/03 (rd) [Entry date 03/05/03] 

SEALED Declaration of William J. Marsden, Jr. Volume 3 in 

support of Deft.'s summary jgm. motions filed 
3/4/03 (rd) [Entry date 03/05/03] 

SEALED Declaration of William J. Marsden, Jr. Volume 4 in 

support of Deft.'s summary jgm. motions filed 
3/4/03 (rd) [Entry date 03/05/03] 

SEALED Declaration of William J. Marsden, Jr. Volume 5 in 

support of Deft.'s summary jgm. motions filed 
3/4/03 (rd) [Entry date 03/05/03] 

Letter to Clerk from E. Joswick enclosing two sets of the 
Table of Authorities for deft.'s opening claim construction 
brief (rd) [Entry date 03/05/03] 

SEALED Joint Claim Construction Statement (rd) 

Letter to Judge Robinson from J. Blumenfeld advising that 
on 3/14/03, the Patent Office issued a Notice of Intent to 
Issue a Reexamination Certificate, a copy of which is 
attached as Exhibit A (ft) [Entry date 03/18/03] 

MOTION by Smith & Nephew Inc. with Proposed Order to 
Strike the Expert Reports of Creighton G. Hoffman and 
Elliott H. Leitman Answer Brief due 3/31/03 re: [272-1] 
motion (ft) [Entry date 03/18/03] 

SEALED Opening Brief Filed by Smith & Nephew Inc. [272-1] 
motion to Strike the Expert Reports of Creighton G. Hoffman 
and Elliott H. Leitman (ft) [Entry date 03/18/03] 

MOTION by ArthroCare Corp. to Strike the Roos Declaration 
Answer Brief due 4/1/03 re: [274-1] motion (ft) 
[Entry date 03/19/03] 

SEALED Answer Brief Filed by ArthroCare Corp. [259-1] 
motion for Summary Judgment to enforce the settlement 
agreement removing control RF product from the case 
Reply Brief due 3/25/03 (ft) [Entry date 03/19/03] 


3/18/03 276 


Declaration of John T. Raffle (ft) [Entry date 03/19/03 J 


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3/18/03 277 

3/18/03 278 

3/18/03 279 

3/18/03 280 

3/18/03 281 

3/18/03 282 

3/18/03 283 


3/18/03 284 

3/18/03 285 

3/18/03 286 

3/18/03 287 

3/18/03 288 

3/18/03 289 

3/18/03 290 

3/18/03 291 


SEALED Declaration of Philip E. Eggers in Opposition to 
Smith & Nephew's Motion for Sum. Jgm. of Invalidity based on 
Prior Art (ft) (Entry date 03/19/03] 
[Edit date 03/19/03] 

SEALED Declaration of Greighton G. Hoffman (ft) 
[Entry date 03/19/03) 

SEALED Answer Brief Filed by ArthroCare Corp. [255-1] 
motion for partial Summary Judgment of non- infringement of 
U.S. Patents '536, '882, and '592 - Reply Brief due 
3/25/03 (ft) [Entry date 03/19/03] 

SEALED Answer Brief Filed by ArthroCare Corp. [261-1] 
motion for Summary Judgment of invalidity based on prior 
art - Reply Brief due 3/25/03 (ft) [Entry date 03/19/03] 

SEALED Answering Brief by ArthroCare Corp. in opposition 
to [246-1] Opening Claim Construction Brief (ft) 
[Entry date 03/19/03] 

SEALED Responsive Claim Construction Brief by Smith & 
Nephew Inc. (ft) [Entry date 03/19/03] 

SEALED Answer Brief Filed by Smith & Nephew Inc. [247-1] 
motion for partial Summary Judgment that the asserted 
claims of the patents -in- suit are not invalid due to 
obviousness or based on an alleged on-sale bar or public 
use - Reply Brief due 3/25/03 (ft) [Entry date 03/19/03] 

Answer Brief Filed by Smith & Nephew Inc. [249-1] motion 
for partial Summary Judgment that deft, infringes the 
asserted claims of the • 882 patent - Reply Brief due 
3/25/03 (ft) [Entry date 03/19/03] 

SEALED Answer Brief Filed by Smith & Nephew Inc. [251-1] 
motion for Partial Summary Judgment that deft- infringes 
claim 1 of the '592 patent - Reply Brief due 3/25/03 (ft) 
[Entry date 03/19/03] 

SEALED Declaration of Eugene B. Jos wick (ft) 
[Entry date 03/19/03] 

SEALED Declaration of Dr. S. Nahum Goldberg (Vol. 1) (ft) 
[Entry date 03/19/03] 

SEALED Declaration of Dr. S. Nahum Goldberg (Vol. 2) (ft) 
[Entry date 03/19/03] 

SEALED Declaration of Dr. S. Nahum Goldberg (Vol. 3) (ft) 
[Entry date 03/19/03] 

SEALED Declaration of Dr. S. Nahum Goldberg (Vol. 4) (ft) 
[Entry date 03/19/03] 

SEALED Declaration of Dr. S. Nahum Goldberg (Vol. 5) (ft) 
[Entry date 03/19/03] 


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3/18/03 292 

3/18/03 293 
3/20/03 294 

3/21/03 295 

3/25/03 296 
3/25/03 297 
3/25/03 298 

3/25/03 299 

3/25/03 300 

3/25/03 301 

3/25/03 302 

3/25/03 303 
3/25/03 304 
3/25/03 305 


SEALED Answer Brief Filed by ArthroCare Corp. [257 -l] 
motion for Partial Summary Judgment of (l) nonenablement , 
(2) indef initeness, and (3) lack of written description 
Reply Brief due 3/25/03 (ft) [Entry date 03/19/03] 

Arthrocare's Covenant not to sue Smith & Nephew on certain 
claims of the patents in suit (ft) [Entry date 03/19/03] 

Letter to Clerk from K. Walter enclosing a Rule 7.1.1 
Certificate for D.I. # 272; neglected to contact opposing 
cnsl. re the motion before filing, have since contacted and 
believe the motion will be opposed (ft) 

Letter to Judge Robinson from W. Marsden, Jr. responding to 
D.I. # 271; Smith & Nephew requests that it be given leave 
to take Examiner Mendez' deposition, presuming that the 
appropriate approval can be obtained from the Patent Office 
(ft) [Entry date 03/24/03] [Edit date 03/24/03] 

Reply Brief Filed by ArthroCare Corp. [249-1] motion for 
partial Summary Judgment that deft, infringes the asserted 
claims of the '882 patent (ft) [Entry date 03/26/03] 

Reply Brief Filed by ArthroCare Corp. [251-1] motion for 
Partial Summary Judgment that deft, infringes claim 1 of 
the *592 patent (ft) [Entry date 03/26/03] 

Reply Brief Filed by ArthroCare Corp. [247-1] motion for 
partial Summary Judgment that the asserted claims of the 
patents-in-suit are not invalid due to obviousness or based 
on an alleged on -sale bar or public use (ft) 
[Entry date 03/26/031 

SEALED Reply Brief Filed by Smith & Nephew Inc. [259-1] 
motion for Summary Judgment to enforce the settlement 
agreement removing control RF product from the case (ft) 
[Entry date 03/26/03) 

SEALED Reply Brief Filed by Smith & Nephew Inc. [257-1] 
motion for Partial Summary Judgment of (1) nonenablement, 
(2) indef initeness, and (3) lack of written description (ft) 
[Entry date 03/26/03] 

SEALED Reply Brief Filed by Smith & Nephew Inc. [255-1] 
motion for partial Summary Judgment of non- infringement of 
U.S. Patents '536, '882, and '592 (ft) [Entry date 03/26/03] 

SEALED Reply Brief Filed by Smith & Nephew Inc. [261-1] 
motion for Summary Judgment of invalidity based on prior 
art (ft) [Entry date 03/26/03] 

SEALED Declaration of Michael A. Choti (ft) 
[Entry date 03/26/03] 

SEALED Declaration of Kim H. Manwaring (ft) 
[Entry date 03/26/03] 

SEALED Declaration of Keith A. Walter, Jr. (ft) 
[Entry date 03/26/031 


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3/25/03 306 
3/25/03 307 

3/26/03 -- 


3/26/03 308 

3/26/03 309 

3/26/03 310 

3/26/03 311 

3/31/03 312 

3/31/03 313 

3/31/03 314 


Declaration of Kenneth L. Taylor (ft) [Entry date 03/26/03] 

Notice of Deficiency from the court to defendant Smith & 
Nephew Inc.; no original signature on Declaration of 
Kenneth L. Taylor (D.I. # 306) (ft) [Entry date 03/26/03] 

Deadline updated; Motion Hearing set for 2:00 4/1/03 
(moved from 4:30 p.m.) for [274-1] motion to Strike the 
Roos Declaration, [272-1] motion to Strike the Expert 
Reports of Creighton G. Hoffman and Elliott H. Leitman, 
[261-1] motion for Summary Judgment of invalidity based on 
prior art, [259-1] motion for Summary Judgment to enforce 
the settlement agreement removing control RF product from 
the case, [257-1] motion for Partial Summary Judgment of 
(1) nonenablement , (2) indef initeness, and (3) lack of 
written description, [255-1] motion for partial Summary 
Judgment of non- infringement of U.S. Patents '536, '882, 
and '592, [251-1] motion for Partial Summary Judgment that 
deft- infringes claim 1 of the '592 patent, [249-1] motion 
for partial Summary Judgment that. deft, infringes the 
asserted claims of the , 882 patent, [247-1] motion for 
partial Summary Judgment that the asserted claims of the 
patents-in-suit are not invalid due to obviousness or based 
on an alleged on-sale bar or public use, [231-1] motion to 
object to the disclosure of ArthroCare* s confidential 
information to Ronald Panitch, Smith & Nephew* s proposed 
patent law expert, [205-1] motion to object to the 
disclosure of ArthroCare *s confidential information to 
Kenneth Burchfiel, Smith & Nephew's proposed patent law 
expert, [204-1] motion to Strike Documents as inadmissible 
hearsay, [198-1] motion to Compel Ethicon, Inc. to comply 
with subpoena Duces Tecum and Ad Testificandum (rd) 

Declaration of Brian W. Napper (ft) [Entry date 03/27/03] 

Notice of Deficiency from the court to defendant Smith & 
Nephew Inc.; no original signature on Declaration of Brian 
W. Napper (D.I. # 308) (ft) [Entry date 03/27/03] 

CERTIFICATE OF SERVICE by Smith & Nephew Inc. re 
supplemental response to modified 1st set of interrogs (No. 
6) (ft) [Entry date 03/27/03] 

Letter to Clerk from K. Walter, Jr. enclosing the original 
signature page for the Declaration of Kenneth D. Taylor 
(D.I. # 306); replace the faxed version with the original 
(ft) [Entry date 03/27/03] 

Answer Brief Filed by ArthroCare Corp. [272-1] motion to 
Strike the Expert Reports of Creighton G. Hoffman and 
Elliott H. Leitman - Reply Brief due 4/7/03 (ft) 
[Entry date 04/01/03] 

CERTIFICATE OF SERVICE by ArthroCare Corp. re supplemental 
rebuttal expert report of Charles E. Van Horn (ft) 
[Entry date 04/01/03] 

MOTION by ArthroCare Corp. with Proposed Order for 
Timothy E . DeMasi to Appear Pro Hac Vice (ft) 
[Entry date 04/01/03] 


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3/31/03 315 MOTION by Smith & Nephew Inc. with Proposed Order for 

Karen I. Boyd, Esquire to Appear Pro Hac Vice (ft) 
[Entry date 04/01/03] 

4/1/03 316 MOTION by ArthroCare Corp. in Limine to exclude the 

testimony of Smith & Nephew's Patent Law Expert, Ronald L. 
Panitch Answer Brief due 4/8/03 re: [316-1] motion (ft) 
[Entry date 04/02/031 

4/1/03 317 MOTION by ArthroCare Corp. in Limine to preclude Smith & 

Nephew from relying on any undisclosed facts or defenses 
Answer Brief due 4/8/03 re: [317-1] motion (ft) 
[Entry date 04/02/03] 

4/1/03 318 UNOPPOSED MOTION by ArthroCare Corp. in Limine to preclude 

Smith & Nephew from referring to injunctive relief that may 
be sought as a result of a finding of infringement re: 
[318-1] motion (ft) [Entry date 04/02/03] 

4/1/03 319 MOTION by ArthroCare Corp. in Limine to preclude Smith & 

Nephew from referring to a purported control RF Settlement 
Agreement Answer Brief due 4/8/03 re: [319-1] motion (ft) 
[Entry date 04/02/03] 

4/1/03 320 MOTION by ArthroCare Corp. in Limine to preclude Smith & 

Nephew from referring to Arthrocare' s withdrawal of certain 
claims Answer Brief due 4/8/03 re: [320-1] motion (ft) 
[Entry date 04/02/03] 

4/1/03 321 MOTION by ArthroCare Corp. in Limine to preclude Smith & 

Nephew from referring to Judge Orrick's December 1, 1998 
interlocutory decision in the Ethicon case Answer Brief 
due 4/8/03 re: [321-1] motion (ft) [Entry date 04/02/03] 

4/1/03 322 MOTION by ArthroCare Corp. in Limine to try inequitable 

conduct to the Court and to preclude Smith & Nephew from 
raising issues of inequitable conduct before the jury 
Answer Brief due 4/8/03 re: [322-1] motion (ft) 
[Entry date 04/02/03] 

4/1/03 323 MOTION by ArthroCare Corp. in Limine that Smith & Nephew's 

indef initeness defenses not be presented to the jury 
Answer Brief due 4/8/03 re: [323-1] motion (ft) 
[Entry date 04/02/03] 

4/1/03 324 SEALED MOTION by ArthroCare Corp. in Limine to preclude 

Smith & Nephew from referring to its antitrust counterclaim 
or allegedly harmful effects of Arthrocare* s RF Devices 
Answer Brief due 4/8/03 re: [324-1] motion (ft) 
[Entry date 04/02/03] 

4/1/03 325 SEALED MOTION by Smith & Nephew Inc. in Limine 1 of 6 to 

exclude certain Arthrocare expert testimony Answer Brief 
due 4/8/03 re: [325-1] motion (ft) [Entry date 04/02/03] 

4/1/03 326 SEALED MOTION by Smith & Nephew Inc. in Limine 2 of 6 to 

exclude certain evidence related to Arthrocare 's products 
Answer Brief due 4/8/03 re: [326-1] motion (ft) 


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4/1/03 327 

4/1/03 328 

4/1/03 329 

4/1/03 330 

4/1/03 331 

4/1/03 
4/2/03 

4/2/03 

4/2/03 332 

4/2/03 333 

4/2/03 334 

4/3/03 335 

4/7/03 336 

4/8/03 337 


[Entry date 04/02/03] 

SEALED MOTION by Smith & Nephew Inc. in Limine 3 of 6 to 
exclude evidence of the reexamination of the '536 
patent-in-suit Answer Brief due 4/8/03 re: [327-1] motion 
(ft) [Entry date 04/02/03] [Edit date 04/02/03] 

SEALED MOTION by Smith & Nephew Inc. in Limine 4 of 6 to 
exclude certain evidence related to licensing Answer Brief 
due 4/8/03 re: [328-1] motion (ft) [Entry date 04/02/03] 

SEALED MOTION by Smith & Nephew Inc. in Limine 5 of 6 to 
exclude certain Smith & Nephew documents Answer Brief due 
4/8/03 re: [329-1] motion (ft) [Entry date 04/02/03] 

SEALED MOTION by Smith & Nephew Inc. in Limine 6 of 6 to 
exclude evidence related to the control RF product Answer 
Brief due 4/8/03 re: [330-1] motion (ft) 
[Entry date 04/02/03] 

SEALED Answer Brief Filed by Smith & Nephew Inc. [274-1] 
motion to Strike the Roos Declaration - Reply Brief due 
4/8/03 (ft) [Entry date 04/02/03] 

Oral Argument held; Judge Robinson presiding; Court Rptr. 
Hawkins; re: sum. jgm. motions (ft) [Entry date 04/03/03] 

So Ordered granting [314-1] motion for Timothy E. DeMasi 
to Appear Pro Hac Vice ( signed by Judge Sue L. Robinson ) 
Notice to all parties, (ft) 

So Ordered granting [315-1] motion for Karen I. Boyd, 
Esquire to Appear Pro Hac Vice ( signed by Judge Sue L. 
Robinson ) Notice to all parties, (ft) 

Letter to Judge Robinson from W. Marsden, Jr. responding to 
Court's request for an explanation of the length parties 1 
joint claim construction statement (D.I. # 270) (ft) 
[Entry date 04/03/03] 

Letter to Judge Robinson from J. Blumenfeld responding to 
question about the 65 -page joint claim construction chart 
(D.I. #270) (ft) [Entry date 04/03/03] 

SEALED Letter to Deputy Clerk Tassone from K. Walter, Jr. 
dated 4/2/03 enclosing replacement pages to motion in 
limine 4 of 6 (ft) [Entry date 04/03/03] 

TRANSCRIPT filed; oral argument for dates of 4/1/03; Judge 
Robinson presiding; Hawkins Reporting Service (ft) 

SEALED Reply Brief Filed by Smith & Nephew Inc. [272-1] 
motion to Strike the Expert Reports of Creighton G. Hoffman 
and Elliott H. Leitman (rd) (Entry date 04/08/03] 

Answer Brief Filed by Smith & Nephew Inc. [320-1] motion in 
Limine to preclude Smith & Nephew from referring to 
Arthrocare's withdrawal of certain claims (ft) 
[Entry date 04/09/03] 


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4/8/03 338 

4/8/03 339 

4/8/03 340 

4/8/03 341 

4/8/03 342 

4/8/03 343 

4/8/03 344 

4/8/03 345 

4/8/03 346 

4/8/03 347 

4/8/03 348 

4/8/03 349 

4/8/03 350 

4/8/03 351 


Answer Brief Filed by Smith & Nephew Inc. [317-1] motion in 
Limine to preclude Smith & Nephew from relying on any 
undisclosed facts or defenses (ft) [Entry date 04/09/03] 

Answer Brief Filed by Smith & Nephew Inc. [321-1] motion in 
Limine to preclude Smith & Nephew from referring to Judge 
Orrick's December 1, 1998 interlocutory decision in the 
Ethicon case (ft) [Entry date 04/09/03] 

Answer Brief Filed by Smith & Nephew Inc. [323-1] motion in 
Limine that Smith & Nephew's indef initeness defenses not be 
presented to the jury (ft) [Entry date 04/09/03] 

SEALED Answer Brief Filed by Smith & Nephew Inc. [324-1] 
motion in Limine to preclude Smith & Nephew from referring 
to its antitrust counterclaim or allegedly harmful effects 
of Arthrocare's RF Devices (ft) [Entry date 04/09/03] 

Answer Brief Filed by ArthroCare Corp. [325-1] motion in 
Limine 1 of 6 to exclude certain Arthrocare expert 
testimony (ft) [Entry date 04/09/03] 

SEALED Answer Brief Filed by ArthroCare Corp. [326-1] 
motion in Limine 2 of 6 to exclude certain evidence related 
to Arthrocare 1 s products (ft) [Entry date 04/09/03] 

Answer Brief Filed by ArthroCare Corp. [327-1] motion in 
Limine 3 of 6 to exclude evidence of the reexamination of 
the '536 patent-in-suit (ft) [Entry date 04/09/03] 

SEALED Answer Brief Filed by ArthroCare Corp. [328-1] 
motion in Limine 4 of 6 to exclude certain evidence related 
to licensing (ft) [Entry date 04/09/03] 

SEALED Answer Brief Filed by ArthroCare Corp. [329-1] 
motion in Limine 5 of 6 to exclude certain Smith & Nephew 
documents (ft) [Entry date 04/09/03] 

SEALED Answer Brief Filed by ArthroCare Corp. [330-1] 
motion in Limine 6 of 6 to exclude evidence related to the 
control RF product (ft) [Entry date 04/09/03] 

Reply Brief Filed by ArthroCare Corp. [274-1] motion to 
Strike the Roos Declaration (ft) [Entry date 04/09/03] 

Answer Brief Filed by Smith & Nephew Inc. [322-1] motion in 
Limine to try inequitable conduct to the Court and to 
preclude Smith & Nephew from raising issues of inequitable 
conduct before the jury (ft) [Entry date 04/09/03] 

Answer Brief Filed by Smith & Nephew Inc. [316-1] motion in 
Limine to exclude the testimony of Smith & Nephew's Patent 
Law Expert, Ronald L. Panitch (ft) [Entry date 04/09/03] 

Letter to Judge Robinson from W. Marsden, Jr. notifying the 
Court that Smith & Nephew is not opposing ArthroCare' s 
Motion in limine to preclude Smith & Nephew from referring 
to purported Control RF Settlement Agreement; Smith & 
Nephew's Motion in limine 6 of 6 seeks to exclude all 
evidence relating to the Control RF product; Smith & Nephew 


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4/9/03 352 
4/9/03 353 

4/9/03 354 


4/9/03 355 

4/10/03 356 

4/10/03 357 

4/10/03 358 

4/10/03 359 

4/10/03 360 

4/10/03 364 

4/10/03 365 

4/10/03 366 

4/11/03 361 


is not opposing ArthroCare 's Unopposed Motion in Limine to 
preclude Smith & Nephew from referring to Injunctive Relief 
that may be sought as a result of a finding of infringement 
(ft) [Entry date 04/09/03] 

MEMORANDUM OPINION ( signed by Judge Sue L. Robinson ) 
copies to: cnsl. (rd) 

MEMORANDUM ORDER construing the disputed claim language in 
U.S. Patents '536, »882, and '592 as listed in this order( 
signed by Judge Sue L. Robinson ) copies to: cnsl. (rd) 

ORDER denying [261-1] motion for Summary Judgment of 
invalidity based on prior art, denying [259-1] motion for 
Summary Judgment to enforce the settlement agreement 
removing control RF product from the case, denying [257-1] 
motion for Partial Summary Judgment of (1) nonenablement , 
(2) indef initeness, and (3) lack of written description, ' 
denying [255-1] motion for partial Summary Judgment of 
non- infringement of U.S. Patents '536, f 882, and '592, 
denying [251-1] motion for Partial Summary Judgment that 
deft, infringes claim 1 of the '592 patent, denying [249-1] 
motion for partial Summary Judgment that deft, infringes 
the asserted claims of the '882 patent, denying [247-1] 
motion for partial Summary Judgment that the asserted 
claims of the patents- in-suit are not invalid due to 
obviousness or based on an alleged on-sale bar or public 
use ( signed by Judge Sue L. Robinson ) copies to: cnsl. 


Letter to Judge Robinson from J. Blumenfeld re key 
contested issue in case; whether the Roos '198 patent 
discloses electrically conductive fluid (ft) 
[Entry date 04/10/03] 

ArthroCare 1 s Supplemental Covenant not to sue Smith & 
Nephew on certain claims of the patents- in-suit (ft) 
[Entry date 04/11/03} 

Joint Proposed Preliminary Jury instructions by ArthroCare 
Corp., Smith & Nephew Inc. (ft) [Entry date 04/11/03] 

Proposed Voir dire questions by ArthroCare Corp. (ft) 
[Entry date 04/11/03] 

Proposed Verdict Sheet filed by ArthroCare Corp. (ft) 
[Entry date 04/11/03] 

Joint PRETRIAL ORDER (ft) [Entry date 04/11/03] 

Proposed Voir dire questions by Smith & Nephew Inc. (rd) 
[Entry date 04/14/03] 

Proposed Verdict Sheet filed by Smith & Nephew Inc. (rd) 
[Entry date 04/14/03] 

Proposed Jury instructions by ArthroCare Corp., Smith & 
Nephew Inc. (rd) [Entry date 04/14/03] 

Letter to Clerk from K. Walter, Jr. enclosing original 


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4/11/03 362 

4/11/03 363 
4/14/03 367 


4/14/03 368 
4/14/03 369 
4/14/03 370 


signature page for Declaration of Brian W. Napper (D.I. 
308) (rd) [Entry date 04/14/03] 

Letter to Judge Robinson from K. Walter, Jr. re Mr. 
Blumenfeld's letter relating to deft.'s opposition to 
pltf.'s motion in limine to exclude the testimony of R. 
Panitch (rd) [Entry date 04/14/03) 

Letter to Clerk from K. Walter, Jr. enclosing replacement 
page 4 to deft.'s opposition to motion in limine to exclude 
the testimony of R. Panitch. (rd) [Entry date 04/14/03] 

MEMORANDUM ORDER denying [330-1] motion in Limine 6 of 6 
to exclude evidence related to the control RF product, 
granting in part, denying in part [329-1] motion in Limine 5 
of 6 to exclude certain Smith & Nephew documents, granting 
[328-1] motion in Limine 4 of 6 to exclude certain evidence 
related to licensing, denying [327-1] motion in Limine 3 of 
6 to exclude evidence of the reexamination of the '536 
patent -in-suit, denying [326-1] motion in Limine 2 of 6 to 
exclude certain evidence related to Arthrocare* s products, 
granting to the extent it relates to to claim const, and the 
fact that experts are limited by their reports [325-1] 
motion in Limine 1 of 6 to exclude certain Arthrocare expert 
testimony, conditionally granting [324-1] motion in Limine 
to preclude Smith & Nephew from referring to its antitrust 
counterclaim or allegedly harmful effects of Arthrocare 1 s RF 
Devices, denying [323-1] motion in Limine that Smith & 
Nephew's indef initeness defenses not be presented to the 
jury, granting [322-U motion in Limine to try inequitable 
conduct to the Court and to preclude Smith & Nephew from 
raising issues of inequitable conduct before the jury, 
granting [321-1] motion in Limine to preclude Smith & Nephew 
from referring to Judge Orrick's December 1, 1998 
interlocutory decision in the Ethicon case, granting [320-1] 
motion in Limine to preclude Smith & Nephew from referring 
to Arthrocare 's withdrawal of certain claims, granting 
[319-1] motion in Limine to preclude Smith & Nephew from 
referring to a purported control RF Settlement Agreement, 
granting [318-1] motion in Limine to preclude Smith & Nephew 
from referring to injunctive relief that may be sought as a 
result of a finding of infringement, granting [317-1] motion 
in Limine to preclude Smith & Nephew from relying on any 
undisclosed facts or defenses, granting [316-1] motion in 
Limine to exclude the testimony of Smith & Nephew's Patent 
Law Expert, Ronald L. Panitch, granting [274-1] motion to 
Strike the Roos Declaration, denying [272-1] motion to 
Strike the Expert Reports of Creighton G. Hoffman and 
Elliott H. Leitraan denying [198-1] motion to Compel Ethicon, 
Inc. to comply with subpoena Duces Tecum and Ad 
Testificandum ( signed by Judge Sue L. Robinson ) copies 
to: cnsl. (rd) [Edit date 04/14/03] 

MEMORANDUM by ArthroCare Corp. Objections to Deft.'s Trial 
Exhibits (rd) 

Letter to Clerk from K. Walter, Jr. enclosing D.I. 370 for 
filing, (rd) 

MEMORANDUM by Smith & Nephew Inc. Objecting to Pltf.'s 


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4/15/03 -- 

4/16/03 371 

4/23/03 372 

4/23/03 373 

4/25/03 374 

4/28/03 375 

4/28/03 376 

4/28/03 377 

4/28/03 378 

4/28/03 379 

4/28/03 380 

4/29/03 381 

4/29/03 382 
4/29/03 

4/29/03 383 

4/29/03 


Trial Exhibit List, (rd) 

Pre-trial conference held; Judge Robinson presiding; Court 
Rptr. V. Gunning (ft) (Entry date 04/16/03] 

TRANSCRIPT filed [0-0] pre-trial conference for dates of 
4/15/03; Judge Robinson presiding; crt . rptr. V. Gunning (rd) 
[Entry date 04/22/03] 

Letter to Judge Robinson from J. Blumenfeld enclosing lists 
of companies, attorneys and law firms, witnesses and 
subject areas for the voir dire (ft) [Entry date 04/24/03] 

Letter to Judge Robinson from W. Marsden, Jr. re 
clarification of 4/9/03 Memorandum Opinion and Order (ft) 
[Entry date 04/24/03] 

Letter to Judge Robinson from J. Blumenfeld re request for 
clarification by Smith & Nephew (ft) 

Letter to Judge Robinson from K. Walter, Jr. informing the 
Court of Smith & Newphew's continued efforts to simplify 
the trial and some disputes have arisen in connection with 
efforts; request a teleconference at earliest convenience 


Letter to Judge Robinson from K. Jacobs Louden enclosing 
Order dismissing with prejudice Smith & Nephew's 
declaratory jgm. counterclaim for invalidity due to 
obviousness (ft) 

Letter to Judge Robinson from J. Blumenfeld re evidentiary 
issues (ft) 

Letter to Judge Robinson from K. Jacobs Louden requesting a 
sentence be added to the end of paragraph 1 on page 2 of 
the preliminary jury instructions (ft) 

Letter to Judge Robinson from W. Marsden, Jr. requesting 
that the Court issue an order requiring ArthroCare to bring 
its in- house counsel and vice president John Raffle to 
testify at trial (ft) 

SEALED Letter to Court Dated 4/28/03 (ft) 

Letter to Judge Robinson from J. Blumenfeld responding to 
deft.'s letter of 4/28/03 req. court to order pltf.'s in 
house cnsl., John Raffle, to testify at trial, (rd) 

SEALED Letter to Judge Robinson from William Marsden, Jr. 
(rd) 

Deadline updated; set Telephone Conference for 4:00 
4/29/03 (rd) 

Letter to Judge Robinson from K. Walter, Jr. responding to 
pltf.'s letter of 4/28/03 adding a proposed instruction on 
reexamination to the preliminary jury instr. (rd) 

Tele -conference held; Judge Robinson presiding; crt. 


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4/30/03 384 

4/30/03 385 

4/30/03 386 

4/30/03 

4/30/03 387 

4/30/03 388 

4/30/03 389 

4/30/03 390 

5/1/03 
5/2/03 

5/5/03 391 

5/5/03 392 

5/5/03 393 

5/5/03 394 
5/5/03 

5/5/03 


rptr. B. Gaffigan present. <rd) [Entry date 05/01/03] 
Voir dire to the Jury Panel (ft) 
Preliminary Jury instructions (ft) 

Letter to Judge Robinson from W. Marsden, Jr. re Smith & 
Nephew's request to preclude ArthroCare from referring to, 
or offering any evidence at trial related to 
nonobviousness, particularly any evidence or argument 
related to secondary considerations of nonobviousness (ft) 

Jury trial held DAY 1; Judge Robinson presiding; Court 
Rptrs K. Maurer/B. Gaffigan; Jury Selection and Instruction 


Letter to Judge Robinson from W. Marsden, Jr. requesting 
reconsideration of ruling this morning that ArthroCare may 
introduce evidence of Smith & Nephew's alleged copying of 
the ArthroCare devices (ft) [Entry date 05/01/03] 

Steno Notes for 4/30/03 Jury Trial; Judge Robinson 
presiding; Court Rptr. B. Gaffigan (ft) 
[Entry date 05/01/03] 

Steno Notes for 4/29/03 teleconference; Judge Robinson 
presiding; Court Rptr. B. Gaffigan (ft) 
[Entry date 05/01/031 

TRANSCRIPT filed [0-0] telephone conference for dates of 
4/29/03; Judge Robinson presiding; crt. rptr. B. Gaffigan 
(rd) [Entry date 05/01/03] 

Jury trial held DAY 2; Judge Robinson presiding; Court Rptr 
V. Gunning (ft) 

Jury trial held DAY 3; Judge Robinson presiding; Court 
Rptrs. K. Maurer/B. Gaffigan (ft) 

SEALED Letter to Honorable Sue L. Robinson from Mark J. 
Hebert (ft) [Edit date 05/05/03] 

MOTION by ArthroCare Corp. to preclude Dr. Michael Choti 
from Testifying about the Prior Art Answer Brief due 
5/19/03 re: [392-1] motion (ft) 

MOTION by ArthroCare Corp. to preclude Dr. Kim Manwaring 
from testifying about the Codman ME2 and a new report 
produced on May 4, 2003 Answer Brief due 5/19/03 re: 
[393-1] motion (ft) 

Steno Notes for 5/2/03; daily notes; Judge Robinson 
presiding; Jury Trial; crt. rptr. B. Gaffigan (rd) 

Jury trial held DAY 4; Judge Robinson presiding; Court 
Rptr. V. Gunning; D.I. # 392 is denied and D.I. # 393 is 
granted in part and denied in part per trial ruling by 
Judge Robinson (ft) 

So Ordered (Judge Robinson Ruled In Court During Trial) 


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5/6/03 

5/6/03 395 

5/6/03 396 

5/7/03 397 
5/7/03 

5/8/03 398 
5/8/03 

5/9/03 399 

5/9/03 400 

5/9/03 401 

5/9/03 402 

5/9/03 403 

5/9/03 

5/9/03 406 

5/9/03 407 

5/12/03 404 


granting in part, denying in part [393-1] motion to 
preclude Dr. Kim Manwaring from testifying about the Codman 
ME2 and a new report produced on May 4, 2003, denying 
[392-1] motion to preclude Dr. Michael Choti from 
Testifying about the Prior Art (ft) [Entry date 05/06/03] 

Jury trial held DAY 5; Judge Robinson presiding; Court 
Rptrs. K. Maurer/B. Gaffigan (ft) 

Letter to Judge Robinson from J. Parrett, Jr. enclosing 
parties* proposed jury instructions in hard copy and on 
disk, (rd) 

Proposed Jury instructions by ArthroCare Corp., Smith & 
Nephew Inc. (rd) 

Steno Notes for 5/6/03 Daily Notes of Jury Trial; B. 
Gaffigan (rd) 

Jury trial held DAY 6; Judge Robinson presiding; Court 
Rptr. V. Gunning; Deft, moves under Rule 50; Judge Robinson 
reserves jgm. (ft) 

ORDER directing Clerk of the court to furnish lunch for 8 
jurors on May 1 and 2, 2003 ( signed by Judge Sue L. 
Robinson ) copies to: financial admin, (rd) 

Jury trial held DAY 7; Judge Robinson presiding; Court 
Rptrs. K. Maurer/ B. Gaffigan present (ft) 

Steno Notes for 5/8/03; Daily Jury Trial Note; crt . rptr. 
B. Gaffigan (rd) 

SEALED MOTION by Smith & Nephew Inc. Rule 50(A) for 
Judgment as a Matter of Law Answer Brief due 5/23/03 re: 
[400-1] motion (rd) 

ORDER directing Clerk of the court to furnish lunch for 
eight (8) jurors from 5/5-9/03 ( signed by Judge Sue L. 
Robinson ) copies to: Financial Admin. Crd) 

MOTION by ArthroCare Corp. for Judgment as a Matter of Law 
Under F.R.C.P. 50(a) Answer Brief due 5/23/03 re: [402-1] 
motion (rd) 

ArthroCare Corp.'s Revised Supplemental Convenant not to 
sue Smith & Nephew on certain claims of the patents- in-suit 
(rd) 

Jury trial held DAY 8; Judge Robinson presiding; Court 
Rptr. V. Gunning present; Deft renews Rule 50 motion; 
Pltf *s Rule 50 Motion; Judge Robinson reserves jgm. (ft) 

Proffer of Evidence of Warren P. Heim (rd) 
(Entry date 05/13/03] 

Proffer of Evidence of Kim H. Manwaring (rd) 
[Entry date 05/13/03] 

Jury Charge (rd) 


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5/12/03 405 
5/12/03 

5/12/03 -- 

5/13/03 408 

5/13/03 409 

5/13/03 410 

5/13/03 411 

5/13/03 412 

5/13/03 413 

5/13/03 414 

5/13/03 415 

5/13/03 416 

5/13/03 417 

5/13/03 418 

5/14/03 419 

5/16/03 420 

5/19/03 421 


JURY VERDICT for ArthroCare Corp.; finding of infringement 
by Smith & Nephew on the '536, '882, and '592 patents ; 
finding of no invalidity of the • 536, '882, '592 patents (ft) 

Jury trial held DAY 9; Judge Robinson presiding; Court 
Rptrs. K. Maurer and B. Gaffigan present; Jury deliberation 
and verdict (ft) 

Mooting [402-1] motion for Judgment as a Matter of Law 
Under F.R.C.P. 50(a), mooting [400-1} motion Rule 50(A) for 
Judgment as a Matter of Law per Jury Verdict (ft) 
[Entry date 06/11/03] 

Steno Notes for 5/12/03; Daily Notes; final day; jury 
verdict; crt. rptr. 3. Gaffigan (rd) 

TRANSCRIPT filed [0-0] jury trial for dates of 4/30/03; 
Judge Robinson presiding; Daily Copy; volume A. (rd) 
[Edit date 05/13/03] 

TRANSCRIPT filed [0-0] jury trial for dates of 5/1/03; 
Judge Robinson presiding; Daily Copy; Volume B (rd) 
[Edit date 05/13/03] 

TRANSCRIPT filed [0-0] jury trial for dates of 5/2/03; 
Judge Robinson presiding; Daily copy; Volume C. (rd) 
[Edit date 05/13/03] 

TRANSCRIPT filed [0-0] jury trial for dates of 5/5/03; 
Judge Robinson presiding; Daily Copy; Volume D. (rd) 
[Edit date 05/13/03] 

SEALED TRANSCRIPT filed [0-0] jury trial for dates of 
5/5/03; Judge Robinson presiding; Volume "DD" (rd) 

TRANSCRIPT filed [0-0] jury trial for dates of 5/6/03; 
Judge Robinson presiding; Daily copy; Volume E (rd) 

TRANSCRIPT filed [0-0) jury trial for dates of 5/7/03; 
Judge Robinson presiding; Daily Copy; Volume F (rd) 

TRANSCRIPT filed [0-0] jury trial for dates of 5/8/03; 
Judge Robinson presiding; Daily copy; Volume G (rd) 

TRANSCRIPT filed [0-0] jury trial for dates of 5/9/03; 
Judge Robinson presiding; Daily Copy; Volume H (rd) 

TRANSCRIPT filed [0-0] jury trial for dates of 5/12/03; 
Judge Robinson presiding; Daily copy; Volume I (rd) 

Letter to Judge Robinson from K. Walter re briefing 
schedule for inequitable conduct (rd) [Entry date 05/15/03] 

Letter to Judge Robinson from J. Blumenfeld responding to 
deft.'s letter of 5/14/03 re post-trial briefing, (rd) 
[Entry date 05/20/03] 

Steno Notes for 4/30/03 through 5/12/03; Daily Notes of 


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5/19/03 423 

5/20/03 422 

5/20/03 424 

5/20/03 425 

5/20/03 426 

5/20/03 427 

5/20/03 428 

5/27/03 429 

5/27/03 430 

5/28/03 -- 

5/29/03 431 

5/29/03 432 

5/30/03 433 

5/30/03 434 

6/3/03 435 


Jury Trial; Judge Robinson presiding; crt. rptr. K. Maurer 
(rd) [Entry date 05/20/03] 

Letter to Judge Robinson from W. Marsden responding to Mr. 
Blumenfeld's letter of 5/16/03 re deft.'s inequitable 
conduct defense, (rd) [Entry date 05/21/03] 

ORDER directing the USMS to furnish lunch for eight jurors 
and one CSO during their deliberations on 5/12/03 ( signed 
by Judge Sue L. Robinson ) copies to: Financial Admin, (rd) 

MOTION by ArthroCare Corp. for Permanent Injunction 
Answer Brief due 6/3/03 re: [424-1] motion (rd) 
[Entry date 05/21/03] 

SEALED Opening Brief Filed by ArthroCare Corp. [424-1] 
motion for Permanent Injunction (rd) [Entry date 05/21/03] 

Letter to Judge Robinson from J. Blumenfeld re inequitable 
conduct defense, (rd) [Entry date 05/21/03] 

MOTION by ArthroCare Corp. for Entry of Judgment of no 
Inequitable Conduct Answer Brief due 6/3/03 re: [427-1] 
motion (rd) [Entry date 05/21/03] 

Opening Brief Filed by ArthroCare Corp. [427-1] motion for 
Entry of Judgment of no Inequitable Conduct (rd) 
[Entry date 05/21/03] 

MOTION by ArthroCare Corp. to Dismiss Deft.'s Antitrust 
Counterclaim Answer Brief due 6/10/03 re: [429-1] motion 
(rd) [Entry date 05/28/03] 

Opening Brief Filed by ArthroCare Corp. [429-1] motion to 
Dismiss Deft.'s Antitrust Counterclaim (rd) 
[Entry date 05/28/03] 

Deadline updated; set Telephone Conference for 3;30 
6/9/03 per filing of D.I. 419 (rd) 

Letter to Deputy Clerk DiMeo from K. Walter confirming 
teleconf. for 6/9/03 at 3:30 p.m.; cnsl. for all parties 
including Ethicon will be present, (rd) 
[Entry date 05/30/03] 

SEALED MOTION by Smith & Nephew Inc. to Modify Protective 
Order Answer Brief due 6/12/03 re: [432-1] motion (ft) 
[Entry date 06/02/03] 

SEALED Declaration of Keith A. Walter, Jr. in support of 
D.I. # 432 (ft) [Entry date 06/02/03] 

Letter to Judge Robinson from J. Blumenfeld re scheduling 
matters which ArthroCare would like to put on the agenda 
for the telephone conf. on 6/9/03 at 3:30 p.m. (ft) 
[Entry date 06/03/03] 

SEALED Answer Brief Filed by ArthroCare Corp. [432-1] 
motion to Modify Protective Order - Reply Brief due 
6/10/03 (ft) [Entry date 06/04/03] 


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6/4/03 436 

6/4/03 437 

6/4/03 

6/6/03 438 

6/6/03 439 

6/9/03 440 

6/9/03 441 
6/9/03 

6/9/03 442 

6/9/03 443 

6/9/03 

6/10/03 444 

6/10/03 445 


SEALED Answer Brief Filed by Smith & Nephew Inc. [424-1] 
motion for Permanent Injunction - Reply Brief due 6/11/03 
(ft) [Entry date 06/05/03] 

COMBINED CROSS MOTION by Smith & Nephew Inc. to Strike 
[427-1] motion for Entry of Judgment of no Inequitable 
Conduct AND ANSWER BRIEF to Motion for entry of jgm of no 
inequitable conduct (ft) [Entry date 06/05/03] 

2nd Part of DI # 437; COMBINED Answer Brief Filed by Smith & 
Nephew Inc. [4 27-1] motion for Entry of Judgment of no 
Inequitable Conduct - Reply Brief due 6/11/03 and CROSS 
MOTION to strike ArthroCare 1 s Motion for Entry of Jgm of No 
Inequitable Conduct (ft) [Entry date 06/05/03] 
[Edit date 06/05/03] 

Letter to Judge Robinson from K. Walter responding to Mr. 
Bluraenf eld's 5/30/03 letter concerning the scheduling 
matters which ArthroCare would like to put on the agenda 
for the telephone conf. on 6/9/03 (D.I. # 430); would like 
to address its pending motion to modify the stipulated 
protective order (ft) [Entry date 06/09/03] 

SEALED Reply Brief Filed by Smith & Nephew Inc. [432-1] 
motion to Modify Protective Order (ft) [Entry date 06/09/03] 

Letter to Judge Robinson from J. Blumenfeld re follow up on 
proposed agenda for the conference this afternoon and Smith 
& Nephew's 6/6 response (ft) 

COMBINED Reply Brief Filed by ArthroCare Corp. [427-1] 
motion for Entry of Judgment of no Inequitable Conduct and 
Answer Brief to Smith & Nephew's counter motion to strike 


2nd Part of D.I. # 441; Answer Brief Filed by ArthroCare 
Corp. [437-1] cross motion to Strike [427-1] motion for 
Entry of Judgment of no Inequitable Conduct - Reply Brief 
due 6/16/03 and Reply brief in support of Motion for Jgm of 
no inequitable conduct; SEE D.I. # 441 for document (ft) 

Opening brief by Smith & Nephew Inc. in support of its 
inequitable conduct case (ft) [Entry date 06/10/03] 

SEALED Declaration of William J. Marsden, Jr. in support 
of Smith & Nephew's opening brief in support of its 
inequitable conduct case (D.I. # 442) (ft) 
[Entry date 06/10/03] 

Tele -conference held; Judge Robinson presiding; crt. rptr. 
B. Gaffigan; re post-trial briefing (rd) 
[Entry date 06/11/03] 

SEALED Steno Notes for 6/9/03 Teleconf . ; Judge Robinson 
presiding; court rptr. B. Gaffigan (ft) 

Letter to Judge Robinson from K. Jacobs Louden re reply 
brief; ArthroCare will not file a reply brief in support of 


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its motion for a permanent injunction (D.I. # 424) pending 
the filing of post-trial motions (ft) [Entry date 06/11/03] 


6/10/03 446 


6/11/03 -- 

6/11/03 447 

6/11/03 448 

6/12/03 -- 

6/16/03 450 

6/16/03 451 


6/18/03 

6/20/03 452 

6/26/03 453 

6/27/03 454 

6/30/03 

6/30/03 455 


Letter to Clerk from w. Marsden, Jr. enclosing original 
signature page for Declaration of Dr. Roy A. Majors 
attached as Exhibit D to D.I. # 436; replace the faxed 
version previously submitted with the enclosed original 
[Entry date 06/11/03] 


(ft) 


Deadline updated; set Oral Argument for 3:30 9/15/03 set 
in court on 6/9/03 (rd) 

TRANSCRIPT filed [0-0] telephone conference for dates of 
6/9/03; Judge Robinson presiding; Court Rptr. B. Gaffigan 
(ft) 

SEALED TRANSCRIPT filed [0-0] telephone conference for 
dates of 6/9/03; Judge Robinson presiding; court rptr. B. 
Gaffigan (ft) 


Due to a clerical error, there is no D.I. 
[Entry date 06/20/03] 


# 449 (ft) 


MOTION by Smith & Nephew Inc. with Proposed Order for 
Alan H. Blankenheimer, Esquire to Appear Pro Hac Vice (ft) 
[Entry date 06/17/03] 

Letter to Judge Robinson from W. Marsden, Jr. re post-trial 
motion practice; Smith & Nephew will not file any further 
briefing on D.I. # 427 and D.I. # 437; understand these 
motions are now moot and the parties will brief the issue 
of inequitable conduct according to the schedule set during 
the teleconf . (ft) [Entry date 06/17/03] 

So Ordered granting [450-1] motion for Alan H. 
Blankenheimer, Esquire to Appear Pro Hac Vice ( signed by 
Judge Sue L. Robinson ) Notice to all parties, (rd) 

JUDGMENT for ArthroCare Corp. against Smith & Nephew Inc. 
{ signed by Judge Sue L. Robinson ) copies to: cnsl. (rd) 

Expedited MOTION by Smith & Nephew Inc. with Proposed 
Order for Leave to extend page limits for briefing on 
Smith & Nephew's Motion for Jgm. as a matter of law Answer 
Brief due 7/10/03 re: [453-1] motion (ft) 

Answer Brief Filed by ArthroCare Corp. [453-1] expedited 
motion for Leave to extend page limits for briefing on 
Smith & Nephew's Motion for Jgm. as a matter of law - 
Reply Brief due 7/7/03 (ft) 

So Ordered denying [453-1] motion for Leave to extend page 
limits for briefing on Smith & Nephew's Motion for Jgm. as 
a matter of law ( signed by Judge Sue L. Robinson ) Notice 
to all parties, (ft) 

MOTION by Smith & Nephew Inc. with Proposed Order for New 
Trial Answer Brief due 7/14/03 re: [455-1] motion (ft) 
[Entry date 07/01/03] 


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6/30/03 456 

6/30/03 457 

6/30/03 458 

6/30/03 459 

6/30/03 460 

7/1/03 461 

7/9/03 462 

7/11/03 463 


7/18/03 

7/24/03 464 

7/24/03 465 

7/30/03 466 

7/30/03 467 


SEALED Opening Brief Filed by Smith & Nephew Inc. [455-1] 
motion for New Trial (ft) [Entry date 07/01/03] 

SEALED Declaration of William J. Marsden, Jr. in support of 
D.I. # 456 (ft) [Entry date 07/01/031 

Renewal of MOTION by Smith & Nephew Inc. with Proposed 
Order for Judgment as a Matter of Law pursuant to Fed R. 
Civ. P. 50(b) Answer Brief due 7/14/03 re: [458-1] motion 
(ft) [Entry date 07/01/03] 

Opening Brief Filed by Smith & Nephew Inc. [4 58-1] motion 
for Judgment as a Matter of Law pursuant to Fed R. Civ. P. 
50(b) (ft) [Entry date 07/01/03] 

SEALED Declaration of William J. Marsden, Jr. in support of 
D.I. # 459 (ft) [Entry date 07/01/03] 

Letter to Judge Robinson from W. Marsden, Jr. re expedited 
request to extend the page limits for briefing (ft) 

Answering Brief by ArthroCare Corp. in opposition to 
[442-1] Opening Brief in support of its inequitable conduct 
case (ft) [Entry date 07/10/03] 

Letter to Clerk from K. Jacobs Louden enclosing ArthroCare* s 
Corrected answering brief in opposition to Smith & Newphew's 
Opening brief in support of its inequitable conduct case; 
Corrected Version of D.I. # 462 (ft) [Entry date 07/15/03] 
[Edit date 07/15/03] 

Exit final jgm. to Commissioner of Patents and Trademarks, 
Washington, D.C. (rd) [Entry date 07/21/03] 

SEALED Reply Brief Filed by Smith & Nephew Inc. in support 
of its inequitable conduct case (ft) 

SEALED Declaration of Keith A. Walter, Jr. in support of 
Smith & Nephew, Inc . • s reply brief in support of its 
inequitable conduct case (D.I. # 464) (ft) 

Answer Brief Filed by ArthroCare Corp. [455-1] motion for 
New Trial - Reply Brief due 8/6/03 (ft) 
[Entry date 07/31/03] 

Answer Brief Filed by ArthroCare Corp. [458-1] motion for 
Judgment as a Matter of Law pursuant to Fed R. Civ. P. 
50(b) - Reply Brief due 8/6/03 (ft) [Entry date 07/31/03] 


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