Free Proposed Voir Dire - District Court of Delaware - Delaware

Case 1:04-cv-01258-SLR

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

MCKESSON INFORMATION SOLUTIONS LLC, ) ) Plaintiff, ) ) v. ) ) THE TRIZETTO GROUP, INC., ) ) Defendant. ) )

CIVIL ACTION NO. 04-1258-SLR

PLAINTIFF'S PROPOSED VOIR DIRE

Thomas J. Allingham II (#0476) Michael A. Barlow (#3928) SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP One Rodney Square P.O. Box 636 Wilmington, Delaware 19899 (302) 651-3000 Attorneys for Plaintiff McKesson Information Solutions LLC

OF COUNSEL: Jeffrey G. Randall David W. Hansen SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP 525 University Avenue, Suite 1100 Palo Alto, California 94301 (650) 470-4500 DATED: March 31, 2006

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VOIR DIRE TO JURY PANEL Good morning, ladies and gentlemen. I am Judge Robinson, and I will be presiding over the trial for which a jury is about to be drawn in the case captioned McKesson Information Solutions LLC v. The TriZetto Group, Inc. Briefly stated, this is a patent action arising under the patent laws of the United States relating to a computer system and method for reviewing medical claims for certain types of coding errors relating to appropriateness of payment. The trial may last ________ days. I time my trials, so the attorneys have to complete their trial presentations within these limits. However, jury deliberations may require you to be present longer than _______ days. Our trial days will run approximately from 9:30 a.m. to 4:30 p.m. In light of this brief summary, I will ask you certain questions, the purpose of which is to: (1) enable the court to determine whether or not any prospective juror should be excused for cause; and (2) enable counsel for the parties to exercise their individual judgment with respect to peremptory challenges, that is, challenges for which no reason need be given by counsel. If any of you answer any question "yes," please stand up and, upon being recognized by the court, stated your juror number. When I have concluded asking all the questions, we will call you to the bench individually to speak with you about your affirmative response or responses. HAVE CLERK ADMINISTER THE OATH TO THE PANEL 1. You have been given a list of companies. (a) Are you personally acquainted with any officer, director, or

employee of any of those companies?

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(b)

Do you or any member of your household now own, or have you or

any such member ever owned, any stocks or bonds in any of the companies? (c) Have you, any family member, or anyone close to you had any

dealings with, or relied financially in any way on, any of the companies? (d) Have you, any family member, or anyone close to you had any

experience with the products of any of those companies or otherwise have any strong feelings, positive or negative, toward any of these companies? 2. You have been given a list of the attorneys and law firms involved in this

litigation. Are you related to, or personally acquainted with, any of those attorneys, or have you ever been represented by any of those attorneys or other associates or members of the listed law firms? 3. You have been given a list of the individuals who might appears as

witnesses in this case. Are you related to, or personally acquainted with, any of those individuals? 4. Do you have any personal knowledge of this case, or have you read or heard

it discussed, or have an opinion regarding it? 5. 6. 7. Have you ever been a plaintiff, a defendant, or a witness in a civil lawsuit? Have you ever served as a juror in a civil lawsuit? You have been given a list of subject areas. Have you, a family member, or

anyone close to you ever been employed, trained, or had any experience in any of the listed areas? 8. Have you, a family member, or anyone close to you had any negative

experience relating to the submission, processing, or payment of a medical claim?

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9.

Have you, a family member, or anyone close to you ever been employed as

a doctor or in the health insurance field? 10. Do you have any knowledge about or experience with patents, including

applying for a patent? 11. processes? 12. process? 13. Have you, any member of your immediate family, or anyone close to you Have you ever been involved in the development or a new product or Have you ever worked for a company that had patented products or

ever had any dealings with the United States Patent and Trademark Office? 14. Do you have any strong opinions about a patent granting exclusive rights to

the inventors or their employer? 15. or discovery? 16. Do you have any special disability or problem that would make it difficult Do you believe it would be wrong for someone to profit from his invention

or impossible for you to serve as a member of the jury in this case? 17. Do you know of any other matter which you believe should be called to the

court's attention as having some bearing upon your qualifications or ability to sit as a juror, or which you think may prevent you from rendering a fair and impartial verdict based solely upon the evidence and my instructions as to the law?

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COMPANIES

McKesson, Inc. McKesson Information Solutions, LLC HBO and Company ("HBOC") GMIS, Inc. Health Payment Review ("HPR") Erisco Managed Care Technologies Resource Information Management Systems ("RIMS") The TriZetto Group, Inc.

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ATTORNEYS

Skadden, Arps, Slate, Meagher & Flom LLP Jeffrey G. Randall David W. Hansen Bernard C. Shek Michael C. Hendershot Thomas J. Allingham II Michael A. Barlow

Gibson, Dunn & Crutcher LLP Jeffrey T. Thomas David A. Segal Michael A. Sitzman T. Kevin Roosevelt Daniel Muino

Morris, Nichols, Arsht & Tunnell Jack B. Blumenfeld Rodger D. Smith

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WITNESSES Anthony Bellomo John Blake Michael Bowker Michael Cesarz Janet Cutcliff John Danza Jesse David Randall Davis Chris Doubleday Carolyn Drini Philip Hawley Margaret Johnson Clifton Jones John Kao Kirsten Kemp Patricia Keplinger Eric King Karen Lampe Will Lee Craig Luftig Jeffrey Margolis Mark Musen Marc Owen Tom Owens Tracy Pierson Marcia Radosevich Duffey Richardson Jim Sullivan Michael Wagner Carolyn Wukitch

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SUBJECT AREAS

Health care or health services industry Health insurance industry Submission or processing of medical claims for payment Computer science background or education Legal background or education

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