IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA Arthrex, Inc., ) CIVIL ACTION NO. 2:04-cv-328-FTM a Delaware Corporation ) Plaintiff, : ) z 3 . ) Bee 5 is ) Bro = DePuy Mitek, Inc., ) gze 5 ‘a Massachusetts Corporation ) aa 8 ) oe = Defendant. } esa age = =o Dismissal _ Prejudice and Order WHEREAS, Arthrex, Inc. (“Arthrex”) sued DePuy Mitek, Inc. (“Mitek”) for infringement of U.S. Patent Nos. 6,733,529 (“529 Patent”) and 6,974,477 (“‘477 Patent”) in this, Court alleging, inter alia, that Mitek’s promotion and sale of certain products induced infringement of the °529 and ‘477 Patents; WHEREAS, Mitek counterclaimed seeking declarations of noninfringement, invalidity, and unenforceability of the ‘529 and ‘477 Patents; WHEREAS, the district court ruled, in granting summary judgment, that Mitek induced inftingement of claim 1 of the ‘477 Patent; WHEREAS, Arthrex and Mitek have settled this litigation and have agreed to an Order of Injunction as set forth below; WHEREAS, Arthrex and Mitek now consent to this Judgment and Order. IT IS HEREBY ORDERED, ADJUDGED AND DECREED that: 1, Arthrex’s claims for patent inffingement are dismissed with prejudice; aaa2 Mitek’s counterclaims are dismissed with prejudice subject to the “Mitek Entities”! expressly reserving their rights to bring claims and defenses alleging that the Arthrex Patents” are invalid, unenforceable, or noninfringed in response to a notice or charge of infringement by any Arthrex Entity or in any future litigation between the parties where any of the “Arthrex Entities" asserts a claim of patent infringement of any of the Arthrex Patents against any of the Mitek Entities; 3. The Mitek Entities are hereby enjoined and estopped from making, having made, ‘using, or selling within the United States or importing into the United States any product, or component(s) of a product, whose promotional or intended use in the United States is in a method of loading a graft in the knee which includes a step of: positioning a flexible strand in the knee such that the flexible strand extends through a transverse hole in a femur, and into an opening in the femur through a first sidewall of the opening, and out through an entrance of the opening facing a joint of the knee, and through a tunnel in a tibia, and, after forming a loop outside of the tibial tunnel, extending back into the tibial tunnel and into the opening through the entrance of the opening, and into the transverse hole in an opposite sidewall of the opening, | “Mitek Entities” means Mitek, Ethicon, Inc, and their predecessors and successors, as, well as any related corporate entity that has made, used, sold, or offered for sale any SlingShot Product and any related corporate entity that has imported into the United States any SlingShot Product. . “Axthrex Patents” shall mean any and all patents that claim priority to United States Provisional Patent Application no. 60/037,610 including, but not limited to, all continuations, continuations-in-part, divisions, renewals, reissues, reexaminations, and extensions. : “Arthrex Entities” means Arthrex, Inc. and their predecessors and successors, as well as all entities that directly, or indirectly through one or more intermediaries, control, or are controlled by, Arthrex, Inc.4, The Mitek Entities are also hereby enjoined from making, having made, using, or selling within the United States or importing into the United States any products for cross-pin ACL reconstruction under the trademark SlingShot; 5. This injunction terminates upon the earlier of the last to expire of the Arthrex Patents or a finding of invalidity, unenforceability, or noninfringement of claim 5 of the ‘990 Patent, claims 1-3 of U.S. Patent No. 7,306,626, and claims 1-3 of the 477 Patent; 6. This Court shall retain jurisdiction of this action and over the parties for purposes of enforcement of the provisions of this Judgment and Order; 7. Each party is to bear its own costs and attomeys' fees. Arthrex, Inc. DePuy Mitek, Inc, By: Za By Sacvaroce 0. Tpit Michael 3. Gonetia Printed Name Printed Name Counsel for Arthrex, Ino. ‘Counsel for DePuy Mitek, Inc. 3Lesfro Wd CH 29, 2010 Date Bate pate March. 30, 2010 CAsalean Eduinado Moray we89 United States District Court Judge