Free Proposed Voir Dire - District Court of Delaware - Delaware

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE SIEMENS MEDICAL SOLUTIONS USA, INC., Plaintiff, v. SAINT-GOBAIN CERAMICS & PLASTICS, INC., Defendant. ) ) ) ) ) ) ) ) ) ) )

C.A. No. 07-190 (SLR)

JOINT PROPOSED VOIR DIRE Pursuant to D. Del. L.R. 47.1(a), the parties jointly submit the following agreedupon proposed voir dire to jury panel. MORRIS, NICHOLS, ARSHT & TUNNELL LLP Jack B. Blumenfeld (#1014) Maryellen Noreika (#3208) 1201 North Market Street Wilmington, DE 19899 (302) 658-9200 [email protected] [email protected] Attorneys for Plaintiff Siemens Medical Solutions USA, Inc. RICHARDS, LAYTON & FINGER, P.A. Jesse A. Finkelstein (#1090) Jeffrey L. Moyer (#3309) Kelly E. Farnan (#4395) One Rodney Square Wilmington, DE 19899 (302) 651-7700 [email protected] [email protected] [email protected] Attorneys for Defendant Saint-Gobain Ceramics & Plastics, Inc. OF COUNSEL: Gregg F. LoCascio, P.C. Charanjit Brahma Sean M. McEldowney KIRKLAND & ELLIS LLP 655 15th Street, N.W. Washington, D.C. 20005-5793 (202) 879-5000 August 27, 2008 OF COUNSEL: Frederick L. Whitmer John Ohman THELEN REID BROWN RAYSMAN & STEINER LLP 875 Third Avenue New York, NY 1002 (212) 603-2000

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VOlR 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 this case captioned Siemens Medical Solutions USA, Inc. v. Saint-Gobain Ceramics & Plastics, Inc. This is a patent action arising under the patent laws of the United States. The trial may last up to 7 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 the scheduled 7 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 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 and organizations. (a) Have you, a family member or close friend, ever worked for any of these

companies or organizations? (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 or organizations? (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 or organizations?

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(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 or organizations? 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. 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 close friend, or a family

member ever been educated, employed, trained, or had any experience in any of the following limited areas? 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 Do you have any knowledge about or experience with patents, including applying

had any dealings with the United States Patent and Trademark Office?

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12.

Do you have any opinions about a patent granting exclusive rights to the inventors

or their employer? 13. discovery? 14. Have you, any member of your immediate family, or anyone close to you ever Do you believe it would be wrong for someone to profit from his invention or

alleged infringement of a patent or been alleged to have infringed a patent? 15. Have you ever worked for a company that has been alleged to have engaged in, or

has alleged that another company has engaged in, infringement of a patent? 16. Do you hold an opinion, positive or negative, regarding foreign companies and/or

their ability to sell their products in the United States, or to be subject to the patent laws of the United States. 17. Do you have any special disability or problem that would make it difficult or

impossible for you to serve as a member of the jury in this case? 18. 19. Do you know of anyone who has been in or operated a PET scanner? Do you know of anyone who has been in a situation where they were responsible

or liable for damages caused by another party? 20. 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 Schlumberger Technology Corporation Siemens Medical Solutions USA, Inc. Saint-Gobain Ceramics & Plastics, Inc. Philips Medical Systems (Cleveland), Inc. Crystal Photonics, Inc.

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ATTORNEYS Kirkland & Ellis LLP Gregg LoCascio Charanjit Brahma Michael Pearson Savaria Harris Sean McEldowney William Burgess Morris, Nichols, Arsht & Tunnel LLP Jack B. Blumenfeld Maryellen Noreika Siemens Medical Solutions USA, Inc. Frank J. Nuzzi David Morehous Thelen Reid Brown Raysman & Steiner LLP Frederick L. Whitmer John C. Ohman Jan Tori Evans Richards, Layton, & Finger, P.A. Jesse A. Finkelstein Jeffrey L. Moyer Kelly E. Farnan Foley & Lardner LLP Kenneth Krosin Ken Schopfer Leon Radomsky Saint-Gobain Ceramics & Plastics, Inc. Thomas G. Field Calfee, Halter, & Griswold LLP George R. Hoskins John T. Wiedemann John S. Cippolla

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Philips Medical Systems (Cleveland), Inc. Douglas McKnight Sheila Noonan Mitchell John E. Miller John Fry

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WITNESSES Bruno Aleonard Mark Andreaco Matthew Bendick Bernard Bendriem Bruce Chai Niraj Doshi Thomas Field John Jarosz Joel Karp Thomas Kinisky Markus Lusser Michael Mayhugh Kenneth McClellan Douglas McKnight Charles Melcher Leon Radomsky Michael Reiterman Dominique Rothan Frank Valentino Eric Virey Marvin Weber Mary Woodford

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SUBJECT AREAS Chemistry or Materials Science Crystal Detectors Doctrine of Equivalents Healthcare or Medicine Lutetium Oxyorthosilicate (LSO) Lutetium Yttrium Orthosilicate (LYSO) Medical Imaging Devices Patent Infringement PET/CT Scanners PET Scanners Research & Development Sales & Marketing Scintillator Crystals Accounting Licensing

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MORRIS, NICHOLS, ARSHT & TUNNELL LLP

RICHARDS, LAYTON & FINGER, P.A.

/s/ Maryellen Noreika
Jack B. Blumenfeld (#1014) Maryellen Noreika (#3208) 1201 North Market Street Wilmington, DE 19899 (302) 658-9200 [email protected] [email protected] Attorneys for Plaintiff Siemens Medical Solutions USA, Inc.

/s/ Kelly E. Farnan
Jesse A. Finkelstein (#1090) Jeffrey L. Moyer (#3309) Kelly E. Farnan (#4395) One Rodney Square Wilmington, DE 19899 (302) 651-7700 [email protected] [email protected] [email protected] Attorneys for Defendant Saint-Gobain Ceramics & Plastics, Inc.

OF COUNSEL: Gregg F. LoCascio, P.C. Charanjit Brahma Sean M. McEldowney KIRKLAND & ELLIS LLP 655 15th Street, N.W. Washington, D.C. 20005-5793 (202) 879-5000 August 27, 2008
2466243

OF COUNSEL: Frederick L. Whitmer John Ohman THELEN REID BROWN RAYSMAN & STEINER LLP 875 Third Avenue New York, NY 1002 (212) 603-2000

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