`
`UNITED STATES DISTRICT COURT
`DISTRICT OF MINNESOTA
`
`TRIAL NOTICE AND
`FINAL PRETRIAL ORDER
`
`The cases appearing on the attached list have been scheduled for trial before
`Judge Patrick J. Schiltz beginning on Monday, February 24, 2020, at 9:00 am in
`Courtroom 14E at the United States Courthouse, 300 South Fourth Street,
`Minneapolis, Minnesota.
`
`PRETRIAL CONFERENCE
`
`A pretrial conference will be conducted by Judge Schiltz in Courtroom 14E at the
`United States Courthouse, 300 South Fourth Street, Minneapolis, Minnesota, on
`Friday, February 21, 2020, at 8:30 am. All attorneys who will try the case must attend.
`
`INSTRUCTIONS FOR ALL CASES
`
`1. Submitting Documents. All documents must be filed electronically. Two
`courtesy copies of every document must be delivered to the chambers of Judge Schiltz.
`Judge Schiltz prefers those courtesy copies to be three‐hole punched and unstapled
`(and, if warranted, appropriately tabbed).
`
`2. Trial Briefs. Each party must file a trial brief by Friday, February 7, 2020. In
`its trial brief, a party must include the following information:
`
`a.
`
`b.
`
`c.
`
`Trial Counsel. The party must list the names, addresses, telephone
`numbers, fax numbers, and email addresses of the attorney(s) who will try
`the case.
`
`Jury/Non‐Jury. The party must state whether the case is to be tried to a
`jury or to the Court.
`
`Length of Trial. The party must provide a realistic estimate of the length
`of the trial, including, if applicable, jury selection and jury charge.
`
`-1-
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`IPR2020-00131
`Medtronic v. Teleflex
`Medtronic Exhibit 1892 - Page 1
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`
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`CASE 0:17-cv-01969-PJS-TNL Document 157 Filed 10/03/19 Page 2 of 7
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`d.
`
`e.
`
`f.
`
`g.
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`Jurisdiction. The party must identify the basis for federal jurisdiction of
`each cause of action.
`
`Facts. The party must provide a brief summary of the facts that the party
`intends to prove at trial.
`
`Claims or Defenses. The party must briefly describe each cause of
`action—including, if applicable, each claim, counterclaim, and cross‐
`claim—and any affirmative defenses that will be tried.
`
`Unresolved Issues. The party must identify any substantive, evidentiary,
`or procedural issues that remain unresolved. The party must briefly
`describe the party’s position on the unresolved issues and identify the
`primary legal authority on which the party relies.
`
`3. Exhibits.
`
`a.
`
`b.
`
`c.
`
`d.
`
`e.
`
`By Friday, January 31, 2020, the parties must exchange lists of the exhibits
`that they intend to offer at trial and make those exhibits available to the
`other parties for examination and copying.
`
`By Friday, February 7, 2020, each party must file its exhibit list and
`provide two courtesy copies to the Court.
`
`Plaintiff must mark its first exhibit as “P‐1” and number the others
`sequentially. Defendant must mark its first exhibit as “D‐1” and do
`likewise. The case number must appear on each exhibit.
`
`Only exhibits that are identified on the exhibit list may be offered at trial,
`unless the omission is excused for good cause.
`
`Within 7 days after the trial, the parties must submit to the Court a disk
`containing copies of all exhibits that were admitted at trial.
`
`-2-
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`IPR2020-00131
`Medtronic v. Teleflex
`Medtronic Exhibit 1892 - Page 2
`
`
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`CASE 0:17-cv-01969-PJS-TNL Document 157 Filed 10/03/19 Page 3 of 7
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`4. Witness Lists.
`
`a.
`
`By Friday, January 31, 2020, the parties must exchange lists of the
`witnesses whom the parties intend to call at trial, as well as a brief
`description of the substance of the expected testimony of each witness.
`No person who is not identified on a party’s witness list may testify at
`trial, unless the omission is excused for good cause.
`
`b.
`
`By Friday, February 7, 2020, each party must file its witness list and
`provide two courtesy copies to the Court.
`
`5. Deposition Designations. By Friday, January 31, 2020, the parties must
`exchange lists of the specific deposition testimony that they intend to offer at trial as
`substantive evidence (rather than to impeach). No deposition testimony that is not
`identified on a party’s list may be offered at trial as substantive evidence, unless the
`omission is excused for good cause.
`
`6. Motions in Limine. All motions in limine must be filed by Friday, February
`7, 2020, and responses to all such motions must be filed by Thursday, February 13,
`2020. No party may file more than five motions in limine except in extraordinary
`circumstances and with the prior permission of the Court. Each motion in limine must
`be limited to one discrete issue. No brief in support of, or in opposition to, any motion
`in limine may exceed 3000 words. No reply brief may be submitted with respect to any
`motion in limine without the prior permission of the Court.
`
`7. Stipulations and Settlement. The parties are strongly encouraged to meet in
`advance of trial, to make every effort to settle the case, and, if settlement is not reached,
`to make every effort to agree on as many trial‐related matters as possible, such as facts
`that may be treated as established and exhibits that may be treated as authentic.
`
`8. Sanctions. The failure of any party to comply with any of the instructions
`contained in this Order will result in the imposition of appropriate sanctions.
`
`9. Daily transcripts. If any party intends to order daily transcripts of the trial,
`that party should contact Judge Schiltz’s court reporter, Debra Beauvais, as soon as
`possible, so that she can make arrangements for other court reporters to assist her
`during the trial. Ms. Beauvais’s email address is debra_beauvais@mnd.uscourts.gov.
`
`-3-
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`IPR2020-00131
`Medtronic v. Teleflex
`Medtronic Exhibit 1892 - Page 3
`
`
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`CASE 0:17-cv-01969-PJS-TNL Document 157 Filed 10/03/19 Page 4 of 7
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`ADDITIONAL INSTRUCTIONS FOR JURY TRIALS
`
`1. Proposed Voir Dire. During voir dire, Judge Schiltz will do all of the
`questioning of prospective jurors. By Friday, February 7, 2020, a party must file any
`questions that it wants Judge Schiltz to ask.
`
`2. Joint Introduction to the Case. By Friday, February 7, 2020, the parties must
`jointly file a proposed introduction to the case that Judge Schiltz can read to
`prospective jurors during voir dire. The introduction should briefly describe the
`parties, the major issues, the plaintiff’s position, and the defendant’s position.
`
`3. Joint List of Parties, Attorneys, and Witnesses. By Friday, February 7, 2020,
`the parties must jointly file an alphabetized list of the names of all parties, attorneys,
`and witnesses. Judge Schiltz may provide that list to prospective jurors during voir
`dire. A Word or WordPerfect version of the joint list of parties, attorneys, and witnesses
`must be emailed to Judge Schiltz’s chambers.
`
`4. Proposed Jury Instructions.
`
`a.
`
`b.
`
`No later than Friday, January 31, 2020, the parties must exchange
`proposed jury instructions. The parties must then meet and confer and
`make every effort to resolve disagreements over those proposed
`instructions.
`
`Each party must file its proposed jury instructions by Friday, February 7,
`2020. A Word or WordPerfect version of the proposed instructions must
`be emailed to Judge Schiltz’s chambers.
`
`i.
`
`ii.
`
`Each proposed instruction must be numbered, appear on a separate
`page, and identify supporting legal authority.
`
`Any citation to a set of model jury instructions or a jury‐instruction
`treatise must be to the current version of the cited source unless a
`party has good cause to cite an older version and explains why it is
`citing the older version.
`
`5. Proposed Special Verdict Form. No later than Friday, January 31, 2020, the
`parties must exchange proposed special verdict forms. The parties must then meet and
`confer and make every effort to resolve disagreements over the proposed special verdict
`
`-4-
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`IPR2020-00131
`Medtronic v. Teleflex
`Medtronic Exhibit 1892 - Page 4
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`
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`CASE 0:17-cv-01969-PJS-TNL Document 157 Filed 10/03/19 Page 5 of 7
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`form. If the parties reach agreement, the proposed form must be filed by Friday,
`February 7, 2020. If they do not reach agreement, the parties must file their own
`proposed forms by Friday, February 7, 2020. A Word or WordPerfect version of the
`proposed special verdict form must be emailed to Judge Schiltz’s chambers.
`
`ADDITIONAL INSTRUCTIONS FOR NON‐JURY TRIALS
`
`1. Proposed Findings of Fact and Conclusions of Law. By Friday, February 7,
`2020, each party must file proposed findings of fact and conclusions of law. For each
`proposed finding of fact, the party must identify the witnesses or exhibits that will
`support the finding. For each proposed conclusion of law, the party must cite legal
`authority that supports the conclusion. A Word or WordPerfect version of the
`proposed findings of fact and conclusions of law must be emailed to Judge Schiltz’s
`chambers.
`
`Dated: October 3, 2019
`
` s/Patrick J. Schiltz
`Patrick J. Schiltz
`United States District Judge
`
`-5-
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`IPR2020-00131
`Medtronic v. Teleflex
`Medtronic Exhibit 1892 - Page 5
`
`
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`CASE 0:17-cv-01969-PJS-TNL Document 157 Filed 10/03/19 Page 6 of 7
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`SUMMARY OF DEADLINES
`
`By Friday, January 31, 2020:
`
`G
`G
`G
`G
`G
`
`Exchange lists of exhibits and make exhibits available
`Exchange witness lists
`Exchange deposition designations
`Exchange proposed jury instructions
`Exchange proposed special verdict forms
`
`By Friday, February 7, 2020:
`
`File and serve:
`Trial briefs
`G
`List of exhibits
`G
`Witness lists
`G
`Motions in limine
`G
`Proposed voir dire
`G
`Joint introduction to the case
`G
`Joint list of parties, attorneys, and witnesses
`G
`Proposed jury instructions
`G
`Proposed special verdict form(s)
`G
`Proposed findings of fact and conclusions of law (bench trials only)
`G
`
`Send to Judge Schiltz’s Chambers:
`
`Via overnight delivery, U.S. Mail, or courier:
`Two courtesy copies of all filed documents
`G
`
`Via email to schiltz_chambers@mnd.uscourts.gov:
`Word or WordPerfect versions of joint list of parties, attorneys, and witnesses; proposed
`G
`jury instructions; proposed special verdict forms; and proposed findings of fact and
`conclusions of law (bench trials only)
`
`By Thursday, February 13, 2020:
`
`G
`
`File and serve responses to motions in limine. Send two courtesy copies to Judge
`Schiltz’s chambers.
`
`Friday, February 21, 2020: Pretrial conference at 8:30 am before Judge Schiltz.
`
`Monday, February 24, 2020: Trial begins at 9:00 am before Judge Schiltz.
`
`-6-
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`IPR2020-00131
`Medtronic v. Teleflex
`Medtronic Exhibit 1892 - Page 6
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`
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`CASE 0:17-cv-01969-PJS-TNL Document 157 Filed 10/03/19 Page 7 of 7
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`February Trial List
`
`1. 17‐1969 QXMedical, LLC v. Vascular Solutions, LLC, et al.
`
`
`
`Jury, 5 days
`
`Plaintiff:
`
`Defendants:
`
`Courtland Merrill612‐349‐6969
`
`Philip Kaplan
`Emily Tait
`J Thomas Vitt
`Sanjiv Laud
`Kenneth Levitt
`Patrick O’Rear
`
`313‐230‐7920
`612‐217‐8858
`
`612‐340‐2600
`312‐269‐4291
`
`-7-
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`IPR2020-00131
`Medtronic v. Teleflex
`Medtronic Exhibit 1892 - Page 7
`
`