Free Proposed Voir Dire - District Court of Colorado - Colorado

Case 1:04-cv-01769-MSK-CBS

Document 220

Filed 10/16/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Case No. 04 - CV - 1769 - MSK - CBS A MAJOR DIFFERENCE, INC., a Colorado corporation, Plaintiff, vs. ERCHONIA MEDICAL, INC., an Arizona corporation, ERCHONIA MEDICAL LASERS, L.L.C., an Arizona limited liability company, and ERCHONIA PATENT HOLDINGS, L.L.C., an Arizona limited liability company, Defendants. ERCHONIA PATENT HOLDINGS, LLC, an Arizona limited liability company; ERCHONIA MEDICAL INC., an Arizona corporation, Counterclaimants and Third-Party Plaintiffs, vs. A MAJOR DIFFERENCE, INC., a Colorado corporation, et al. Counterdefendant and Third-Party Defendants. DEFENDANTS' PROPOSED VOIR DIRE QUESTIONS Defendants Erchonia Medical, Inc., Erchonia Medical Lasers, L.L.C., and Erchonia Patent Holdings, L.L.C. ("Erchonia"), by their undersigned counsel, hereby submit the following proposed jury voir dire questions for the Court's consideration at the time of trial: 1. Do you have a job or hobby that requires you to follow very precise instructions or specifications? If so, please explain. 2. Now that you have seen the video on patent law, does anyone have strong feelings about the concept of allowing an individual or company to have the exclusive rights to an idea or product for a given period of time?

Case 1:04-cv-01769-MSK-CBS

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Filed 10/16/2006

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3.

Does anyone on the jury have any strong feelings about holistic or nontraditional medicine, including the use of low level lasers and foot baths?

4. 5.

Has anyone on the jury ever been involved with making or developing an invention? Has anyone on the jury ever been involved with patenting or trying to patent an invention?

6. 7.

Has anyone on the jury ever received any kind of treatment using a laser? If you find that Erchonia's patent was infringed, do you have any problem with awarding money damages against the infringer?

8.

Has anyone on the jury followed the Blackberry patent infringement case or any other patent infringement case that has received publicity? If so, what are your thoughts and feelings about it?

9.

Does anyone on the jury have any strong feelings about protecting businesses from competition that is not fair?

10. 11. 12.

Does anyone on the jury have any medical training or background? Has anyone on the jury either studied or had any experience with lasers? Does anyone on the jury have any strong feelings about chiropractors or the practice of chiropractic medicine?

13. 14.

Do you believe in applying common sense when making difficult decisions? Does anyone on the jury have any legal training or background?

Respectfully submitted this 16th day of October, 2006.

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Case 1:04-cv-01769-MSK-CBS

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By:

s/ Charles R. Ledbetter John R. Mann [email protected] Charles R. Ledbetter [email protected] Valerie A. Garcia [email protected] KENNEDY CHILDS & FOGG, P.C. 1050 17th Street, Suite 2500 Denver, Colorado 80265 (303) 825-2700 (303) 825-0434 FAX Richard L. Gabriel [email protected] David O. Seeley [email protected] HOLME ROBERTS & OWEN LLP 1700 Lincoln St., Suite 400 D.C. Box No. 07 Denver, Colorado 80203 Telephone: (303) 861-7000 Telecopier: (303) 866-0200 Ira M. Schwartz [email protected] DECONCINI MCDONALD YETWIN & LACY, P.C. 7310 N. 16th Street, Suite 330 Phoenix, Arizona 85020 (602) 282-0500 Attorneys for Defendants Erchonia Medical, Inc., Erchonia Medical Lasers, L.L.C., and Erchonia Patent Holdings, L.L.C.

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Case 1:04-cv-01769-MSK-CBS

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CERTIFICATE OF SERVICE The undersigned certifies that on this 16th day of October, 2006, a true and correct copy of the foregoing DEFENDANTS' PROPOSED VOIR DIRE QUESTIONS was electronically filed with the Clerk of Court using the CM/ECF system, which will send notification of such filing to the following e-mail addresses: Robert R. Brunelli, Esq. [email protected] Benjamin J. Lieb, Esq. [email protected] SHERIDAN ROSS P.C. 1560 Broadway, Suite 1200 Denver, CO 80202 Richard L. Gabriel, Esq. [email protected] David Seely, Esq. [email protected] HOLME ROBERTS & OWEN LLP 1700 Lincoln St., Suite 400 Denver, CO 80203 Ira M. Schwartz, Esq. [email protected] DECONCINI MCDONALD YETWIN & LACY, P.C. 7310 N. 16th St., Suite 330 Phoenix, AZ 85020

s/ Sarah McPherson ____________________________________

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