Free Order on Motion to Strike - District Court of Delaware - Delaware

Case 1:04-cv-00204-JJF Document 250 Filed 06/13/2005 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
KYPHON, INC., :
Plaintiff, Q
v. E Civil Action No. O4-204 JJF
DISC-O-TECH MEDICAL TECHNOLOGIES ;
LTD. and DISC ORTHOPAEDIC :
TECHNOLOGIES, INC., :
Defendants. i
O R D E R
WHEREAS, Plaintiff Kyphon, Inc. (“Kyphon”) filed a
Motion To Strike Portions Of The Declaration Of William S.
Rosenberg, M.D. (D.I. 91);
WHEREAS, Dr. Rosenberg's declaration was submitted in
support of Defendants’ opposition to Kyphon’s motion for a
preliminary injunction;
WHEREAS, Kyphon moves to strike paragraphs I3-23, 28,
29, 35, 36-38, 40-42, and 44-47 of Dr. Rosenberg’s declaration
because they contain legal opinion and hearsay testimony of a
nature not properly relied upon by an expert:
WHEREAS, the Court finds that the facts and data that
Dr. Rosenberg relies upon are of a type reasonably relied upon by
experts in his field;
NOW THEREFORE, IT IS HEREBY ORDERED that the Motion To
Strike Portions Of The Declaration Of William S. Rosenberg, M.D.

Case 1:04-cv-00204-JJF Document 250 Filed 06/13/2005 Page 2 of 2
(D.I. 91} filed by Kyphon is DENIED.
June {5 , 2005
DATE U IT TES DIST T JUDGE

Case 1:04-cv-00204-JJF

Document 250

Filed 06/13/2005

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Case 1:04-cv-00204-JJF

Document 250

Filed 06/13/2005

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