KALFAS et al. V. WEAVER et al. V. WEAVER et al. V. ROWLAND et al. - Page 9





        Hospital in Boston.                                                         
             23. Christopher A. Rowland testified that on 10 January                
        1994, various physicians were requested to evaluate the Ultratome           
        XL and that on 8 February 1994, Dr. David Carr-Locke used the               
        Ultratome XL on a patient and completed the evaluation form (RR             
        026) .                                                                      
             24. In further support of its allegation that various                  
        physicians received the Ultratome XL for their evaluation,                  
        Rowland submits into evidence a letter dated January 10, 1994 to            
        Dr. Bohorfoush of Milwaukee, Wisconsin (Rowland Ex. 2032).                  
             25. The letter refers to the Ultratome XL and describes the            
        device as improving cutting wire orientation and allowing the               
        user to inject contrast fluid in a separate injection lumen.                
             26. The letter states that the product is confidential and             
        for Dr. Bohorfoush's evaluation only.                                       
             27. In support of its assertion that Dr. Carr-Locke used               
        the three-lumen catheter in a patient on 8 February 1994, Rowland           
        submits into evidence exhibit 2033, which is entitled "Ultratome            
        XL Evaluation."                                                             
             28. Inventors Vergano and Rowland testified that "Ultratome            
        XL" was the name given the three-lumen catheter made by the                 
        Rowland inventors (RR 008, T 15; and 026).                                  






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