ORTHOTEC, LLC v. Reo Spineline, LLC

ORDER GRANTING DEFENDANT THEKEN SPINE, LLC’S AND THEKEN SURGICAL, LLC’s MOTION FOR SUMMARY JUDGMENT

I. INTRODUCTION

This matter is before the Court on the Notice of Motion and Motion of Theken Spine, LLC and Theken Surgical, LLC for Summary Judgment; Memorandum of Points and Authorities in Support of Motion of Theken Spine, LLC for Summary Judgment (“Motion”); [Proposed] Statement of Uncontroverted Facts and Conclusions of Law (“SOUF”); and Compendium of Declarations and Exhibits (“Compendium”), filed on May 10, 2006.

Plaintiff OrthoTec, LLC’s Opposition to Theken Spine, LLC’s Motion for Summary Judgment (“Opp’n”); Statement of Genuine Issues in Opposition to Defendant Theken Spine, LLC’s Motion for Summary Judgment (“SOGI”); and Declaration of Peter W. Ross, were filed on May 25, 2006.

Reply Memorandum in Support of Motion of Defendants Theken Spine, LLC and Theken Surgical, LLC for Summary Judgment (“Reply”); - Declaration of Kevin Dorse; Reply Statement of Uncontrovert-ed Facts; and Evidentiary Objections, were filed June 5, 2006.

II. LEGAL STANDARD

Summary judgment shall be granted where “the pleadings, depositions, answers to interrogatories, and admissions on file,…