IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA Arthrex, Inc., ) CIVIL ACTION NO. 2:08-cv-48-FTM a Delaware Corporation ) ) Pisindt, } = : } ae 2 DePuy Mitek, Inc., } zag 3 ‘a Massachusetts Corporation ) gaa 8 } BEE Defendant. Zs; S ) Bg 2 sez Ss Dismissal with Prejudice and WHEREAS, Arthrex, Inc. (“Arthrex”) sued DePuy Mitek, Inc. (“Mitek”) for infringement of U.S. Patent Nos. 7,306,626 (“626 Patent”) and 7,500,990 (“*990 Patent”) in this Court alleging, inter alia, that Mitek’s promotion and sale of certain products for ACL cross-pin reconstruction induced infringement of the ‘626 and ‘990 Patents; WHEREAS, Mitek counterclaimed seeking declarations of noninfringement, invalidity, and unenforceability of the ‘626 and ‘990 Patents; WHEREAS, the district court in Civil Action No. 2:04-cv-328-FTM, ruled, in granting ‘summary judgment, that Mitek induced inftingement of claim I of the U.S. Pateat No. 6974477; 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. ITIS HEREBY ORDERED, ADIUDGED AND DECREED that: 1, _Arthrex’s claims for patent infringement are dismissed with prejudice; gas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 patent 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. 3 “Asthrex 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.‘A. The Mitek Bates are also hereby enjoined from making, having made, using OF 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 ofthe last to expire ofthe Antex Patents or a finding of invalidity, unenforceability, or noninftingement of claim 5 of the ‘990 Potent, Claims 1-3 of the ‘626 Patent, and claims 1-3 of U.S. Patent No. 6,974,477. 6, This Court shall retain jurisdiction of this action and over the partis for purposes of enforcement of the provisions of this Judgment and Order, 7. Bach party is to bear its own costs and attorneys’ fees. ‘Arthrex, Inc. By. _ SAevanee (Tange Printed Name Title sfrsfre Date pu March. 30,2010 DePuy Mitek, Inc. 0 Llaigflecee—— Midnhe(_%. Boneita Printed Name Counyl €0n hchoy H1Ek IM. Title MACH 24, 2010 Date wre United States District Court Judge