UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

HOWMEDICA OSTEONICS CORP. 

a subsidiary of STRYKER CORPORATION,

a New Jersey corporation,

Plaintiff,

v. Civil Action No. 11-1857 (KSH) 

ZIMMER, INC. a Delaware corporation,

ZIMMER US, INC. a Delaware corporation,

ZIMMER SPINE, INC. a Delaware

corporation, PAUL GRAVELINE an

individual, CHRISTOPHER GIEBELHAUS 

an individual, CHRISTOPHER LOUGHRAN

an individual, RYAN LIVELY an individual,

RYAN HERMANSKY an individual, ZACH

HILTON an individual, THOMAS FALLON 

an individual, RUBEN BURCIAGA an

individual, ALEX POULEMANOS an

individual, BRIAN ROWAN an individual,

ORDER

ON PLAINTIFF’S APPLICATION FOR

PRELIMINARY INJUNCTION

Defendants.

KATHARINE S. HAYDEN, U.S.D.J.

The Court of Appeals having directed this Court to hold a hearing on the plaintiff’s

motion for a preliminary injunction [D.E. 5]; and the Court having held two days of hearings, at

which the following witnesses testified:

Rob Borcherding, Stryker Arizona sales representative

Cara Casalenuovo, Stryker Las Vegas sales representative

Zach Hilton, Zimmer Arizona sales representative

Ruben Burciaga, Zimmer Las Vegas sales representative

Kevin Brothen, Zimmer West Area Vice President

David Sponsel, Stryker West Area Director 

Brian Miller, Stryker Chicago sales representative

William Williams, Stryker Chicago sales representative

Christopher Giebelhaus, Zimmer Chicago sales representative; 

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and the Court having stated on the record the controlling legal standards and its factual findings,

IT IS on this 13th day of May, 2011,

ORDERED that plaintiff’s motion for preliminary injunction [D.E. 5] is granted as

follows:

A. Defendants, and all parties in active concert or participation with them,

are preliminarily enjoined from soliciting or moving the business of any current

Stryker Spine customer of the Las Vegas and Arizona Branches, defined as any

physician who was serviced by any of the Stryker employees who were solicited

and acquired by Zimmer under Project Sun Devil and Project Viva, to Zimmer,

for a period of 12 months, effective April 1, 2011.

B. Defendants, and all parties in active concert or participation with them,

shall return to Stryker all originals and copies of all files, devices and/or

documents that contain or relate to Stryker’s confidential and proprietary

information, including without limitation, all computers, electronic media, PDA’s

and electronic storage devices;

C. The Individual Defendants shall produce for inspection and imaging all

computers and other electronic storage devices and email accounts belonging to,

under the control of, accessible to, or operated by the Individual Defendants;

D. Defendants, and all parties in active concert or participation with them,

are preliminarily enjoined from using or disclosing any of Stryker’s confidential,

proprietary, and/or trade secret information;

E. Defendants, and all parties in active concert or participation with them,

are preliminarily enjoined from using current Stryker employees and/or former

Stryker employees recently hired by Zimmer, to solicit, induce or influence, or

attempting to solicit, induce or influence, any person engaged as an employee,

independent contractor or agent of Stryker to terminate his, her or its employment

and/or business relationship with Stryker;

F. Defendants, and all parties in active concert or participation with them,

are preliminarily enjoined from soliciting, inducing or influencing, or attempting

to solicit, induce or influence, any person engaged as an employee, independent

contractor or agent of Stryker to terminate his, her or its employment and/or

business relationship with Stryker; 

G. Defendants, and all parties in active concert or participation with them,

are preliminarily enjoined from incentivizing current Stryker employees to

engage in any conduct (i.e., soliciting, inducing or influencing, or attempting to

solicit, induce or influence, any person engaged as an employee, independent

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contractor or agent of Stryker to terminate his, her or its employment and/or

business relationship with Stryker) that constitutes a breach of any duty,

contractual or otherwise, owing to Stryker;

H. Defendants, and all parties in active concert or participation with them,

are preliminarily enjoined from encouraging, inducing and/or facilitating Stryker

employees to breach their contractual obligations owing to Stryker;

AND IT IS FURTHER ORDERED that, for the reasons set forth on the record, 

plaintiff’s application for injunctive relief directed toward Zimmer’s and Individual Defendants

Giebelhaus’ and Graveline’s activities in Chicago is granted except as to the relief granted in

Paragraph A.

/s/ Katharine S. Hayden

Katharine S. Hayden, U.S.D.J.

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