Free Proposed Voir Dire - District Court of Delaware - Delaware

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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. ) ) ) ) ) ) ) ) ) )

C.A. No. 04-1258 (SLR)

THE TRIZETTO GROUP, INC.'S [PROPOSED] VOIR DIRE TO JURY PANEL Pursuant to D. Del. L.R. 47.1(a), The TriZetto Group, Inc. hereby submits the following proposed voir dire to jury panel. Good morning, ladies and gentlemen. I am Chief 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 involving computer software used in reviewing medical bills submitted by doctors to health insurance companies. The trial will 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, state

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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? (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 those 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 these companies? (d) Have you, any family member, or anyone close to you had any negative

experiences with any products of any of those companies? (e) Have you, any family member, or anyone close to you had any positive

experiences with any products of any of those 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 appear as witnesses in

this case. Are you related to, or personally acquainted with, any of those individuals? 4. You have been given a list of subject areas. Have you, or any family member, or

anyone close to you ever been educated, employed, trained, or had any experience any of the listed areas?

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5.

Do you have any personal knowledge of this case, or have you read or heard it

discussed, or have an opinion regarding it? 6. 7. 8. for a patent? 9. 10. 11. Have you ever worked for a company that had patented products or processes? Have you ever been involved in the development of a new product or process? Have you, any member of your immediate family, or anyone close to you ever 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? Do you have any knowledge about or experience with patents, including applying

had any dealings with the United States Patent and Trademark Office? 12. inventor? 13. Do you have a special disability or problem that would make it difficult or Do you have any strong opinions about a patent granting exclusive rights to an

impossible for you to serve as a member of the jury in this case? 14. 15. Do you have difficulty speaking, reading, writing or understanding English? 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? COMPANIES HPR, Inc. GMIS HBO & Company McKesson Information Solutions LLC Erisco Managed Care Technologies, Inc. RIMS The TriZetto Group, Inc.

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ATTORNEYS SKADDEN ARPS SLATE MEAGER & FLOHM LLP Thomas J. Allingham II Michael A. Barlow Jeffrey G. Randall David W. Hansen Bernard C. Shek Michael C. Hendershot Jon V. Swenson MORRIS, NICHOLS, ARSHT & TUNNELL LLP Jack B. Blumenfeld Rodger D. Smith, II GIBSON, DUNN & CRUTCHER LLP Jeffrey T. Thomas David A. Segal Michael A. Sitzman T. Kevin Roosevelt Daniel P. Muino Aileen Y. Mo June T. Tai WITNESSES See Exh. Nos. 8 and 9 of the Pretrial Order, containing the list of Trial Witnesses from Plaintiff and Defendant. SUBJECT AREAS Computer science education or background Medical education or background Legal education or background Medical claims evaluation or background Health insurance education or background

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MORRIS, NICHOLS, ARSHT & TUNNELL LLP

/s/ Melissa Stone Myers Jack B. Blumenfeld (#1014) Rodger D. Smith II (#3778) Melissa Stone Myers (#3985) 1201 N. Market Street P.O. Box 1347 Wilmington, DE 19899 (302) 658-9200 Attorneys for Defendant The TriZetto Group, Inc. OF COUNSEL: Jeffrey T. Thomas David A. Segal Michael A. Sitzman GIBSON, DUNN & CRUTCHER LLP Jamboree Center 4 Park Plaza Irvine, CA 92614-8557 (949) 451-3800 March 31, 2006

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CERTIFICATE OF SERVICE I, Melissa Stone Myers, hereby certify that on March 31, 2006 I electronically filed the foregoing with the Clerk of the Court using CM/ECF, which will send notification of such filing(s) to the following: Michael A. Barlow Skadden, Arps, Slate, Meagher & Flom LLP I also certify that copies were caused to be served on March 31, 2006 upon the following in the manner indicated: BY EMAIL and FEDERAL EXPRESS Jeffrey G. Randall Skadden, Arps, Slate, Meagher & Flom LLP 525 University Avenue Suite 1100 Palo Alto, CA 94301

/s/ Melissa Stone Myers (#3985) Melissa Stone Myers (#3985) [email protected]