Free Markman Hearing - District Court of Colorado - Colorado

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

Document 141

Filed 11/17/2005

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO HONORABLE MARCIA S. KRIEGER Courtroom Deputy: Court Reporter: Paul Zuckerman Civil Action No. 04-cv-01769-MSK-CBS Parties: A MAJOR DIFFERENCE, INC., a Colorado corporation, Plaintiff, v. ERCHONIA MEDICAL, INC., an Arizona corporation, ERCHONIA MEDICAL LASERS, L.L.C., an Arizona limited liability company, ERCHONIA PATENT HOLDINGS, L.L.C., an Arizona limited liability company, Defendants. COURTROOM MINUTES HEARING: Markman Hearing 9:40 a.m. Court in session. John Mann Richard Gabriel Counsel: Robert Brunelli Benjamin Lieb Date: November 17, 2005

Plaintiff representatives, Robert Moroney and Neill Moroney and Defendant representatives, Stephan Shanks and Kevin Tucek present in the courtroom. EXHIBITS: Received: 1-18, These exhibits are received conditionally. If the exhibit is referred to in the course of testimony or in the course of argument, the Court will consider that exhibit and the referred portion. If it is not referred to, the Court has no way of knowing what, if any, portion is relevant and it will be disregarded. Opening statements. Witness sworn, for the plaintiff: Dr. Barbara Soltz: 9:58 a.m. Direct Examination by Mr. Brunelli Cross examination of Dr. Soltz by Mr. Mann. Redirect examination of Dr. Soltz by Mr. Brunelli. Witness sworn, for the plaintiff: Steven Shanks : 11:17 a.m. Direct Examination by Mr. Brunelli Cross examination of Mr. Shanks by Mr. Mann. Redirect examination of Mr. Shanks by Mr. Brunelli. Plaintiff rests.

Case 1:04-cv-01769-MSK-CBS Courtroom Minutes Judge Marcia S. Krieger Page 2

Document 141

Filed 11/17/2005

Page 2 of 2

Witness sworn, for the defendant: Dr. John Greivenkamp : 11:23 a.m. Direct Examination by Mr. Mann Cross examination of Dr. Greivenkamp by Mr. Brunelli. 12:00 p.m. 1:41 p.m. Court in recess. Court in session.

Redirect examination of Dr. Greivenkamp by Mr. Mann. Witness sworn, for the defendant: Kevin Tucek : 1:44 p.m. Direct Examination by Mr. Mann Defendants rest. No objection to the submission of the deposition testimony of Mr. Robinson. Closing arguments. The Court will take the matter under advisement. 2:27 p.m. Court in recess.

Total Time: 3 Hours 6 minutes Hearing concluded.