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Smith & Nephew, Inc. v. Arthrex, Inc.

United States District Court, D. Oregon, Portland Division

February 6, 2017

SMITH & NEPHEW INC. and JOHN O. HAYHURST, M.D., Plaintiffs,
v.
ARTHREX, INC., Defendant.

          ORDER

          Michael W. Mosman Chief United States District Judge

         At the February 3, 2017, Pre-Trial Conference, I ruled on several of the parties' Motions in Limine [429, 411] and on Plaintiffs' Daubert Motions [426] but took most of the motions under advisement. This order rules on the Motions in Limine and Daubert Motions I took under advisement. So the parties have one document containing all my rulings on these motions, I repeat my rulings from the Pre-Trial conference. This order also addresses Defendant's objections to Plaintiffs' Witness Narratives [441] as well as Defendant's Objections to the Second Rebuttal Expert Report of Dr. Wilson C. Hayes, PH.D. [472] and Defendant's Objections to Plaintiffs' Supplemental Trial Exhibit List [471].

         I. Plaintiffs' Motions in Limine

         I GRANT in part, DENY in Part, and reserve ruling on Plaintiffs' Motions in Limine as follows:

58. GRANT.
59. Remains under advisement. I reserve my ruling on this issue for trial.
60. GRANT.
61. GRANT, as to both parties.
62. GRANT.
63. GRANT.
64. GRANT.
65. Addressed in the ruling on Plaintiffs' Daubert Motion # 15.
66. GRANT; the gap is only relevant to the potential for misalignment in testing for lodging by resistance.
67. GRANT.
68. GRANT.
69. GRANT.
70. GRANT.
71. GRANT.
72. GRANT.
73. GRANT.
74. GRANT, except as to Arthrex's subjective belief regarding willfulness.
74. GRANT.
75. GRANT.
76. GRANT.
77. DENY; Arthrex cannot challenge the Mor-Flo analysis as an acceptable method, but it can challenge its application in this case by Mr. Bakewell.
78. GRANT.
79. GRANT.
80. Remains under advisement. I reserve my ruling on this motion for trial.
81. GRANT.
82. GRANT.
83. Remains under advisement. I reserve my ruling on this motion for trial.
84. GRANT.
85. GRANT.
86. ...

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