Free Order - District Court of Delaware - Delaware

Case 1:04-cv-00204-JdF Document 273 Filed 06/21/2005 Page 1 012
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
KYPHON, INC., :
Plaintiff, Z
v. Z Civil Action No. 04-204 JJF
DISC-O-TECH MEDICAL TECHNOLOGIES E
LTD. and DISC ORTHOPAEDIC :
TECHNOLOGIES, INC., :
Defendants. ;
O R D E R
WHEREAS, Plaintiff Kyphon, Inc. (“Kyphon") filed a
Motion In Limine #3 To Preclude Admission Of, Or Reference To,
Kyphon's Discussions With The FDA Regarding Kyphon’s Commercial
KyphX IBT Device (D.I. 204);
WHEREAS, Defendants assert that they intend to use
Kyphon's statements to the FDA to show how Kyphon has
characterized relevant prior art in the past, not to show how
Kyphon has characterized its commercial embodiments (D.I. 204);
WHEREAS, the Court concludes that Kyphon's statements
to the FDA are relevant to the issue of validity and their
probative value outweighs the risks of undue prejudice to Kyphon
or confusion to the jury;
NOW THEREFORE, IT IS HEREBY ORDERED that the Motion In
Limine #3 To Preclude Admission Of, Or Reference To, Kyphon’s
Discussions With The FDA Regarding Kyphon’s Commercial Kyphx IBT

Case 1:04-cv-00204-JJF Document 273 Filed 06/21/2005 Page 2 of 2
Device (D.I. 204, Ex. 7A3) filed by Kyphcn is DENIED.
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Case 1:04-cv-00204-JJF

Document 273

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Case 1:04-cv-00204-JJF

Document 273

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