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1
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MEMORANDUM IN SUPPORT OF ARTHREXS MOTION FOR PRELIMINARY INJUNCTION (REDACTED)
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EXTRACTED KEY WORDS
AGREEMENT ARTHROCARE DISTRIBUTION AGREEMENT BREACH ARBITRATION TERMINATION INJUNCTION PARTIES MEDICAL DEVICES ORTHOPEDIC MEDICAL DEVICES TARGET REVENUES CONTRACT MARKET INJUNCTION PENDING OBLIGATIONS PRELIMINARY INJUNCTION SCHMIEDING AFF RFT PRODUCTS PURPORTED TERMINATION PLAIN LANGUAGE MINIMUM REVENUE DECLARATORY PRINCIPAL OFFICE HEALTH CARE PROFESSIONALS LATIN AMERICA ARTBROCARE SOUTH AFRICA INTERSTATE COMMERCE IRREPARABLE HARM |
INTHECHANCERYCOURTOFTHESTATE~FDEL
INANDFORNEWCASTLECOUNTY A L
ARTHREX, INC., >) REDACTED VERSION FOR 7.2
Plaintiff, ) PUBLIC JNSPECTION E ,;y;~
$5'
) ; .i
V. ) CIVIL ACTION NO. 18169 ;-;:j
> : .
-..,
ARTHROCARE CORPORATION, ) i. 1
.-, .
) ci. ; ;
. ;`7,
Defendant. ) - :a
-i'
MEMORANDUM IN SUPPORT OF
ARTHREX, INC'S MOTION FOR A PRELIMINARY INJUNCTION
Plaintiff Arthrex, Inc. ("Arthrex") submits this memorandum in support of its Motion
for a. Preliminary Injunction pending final arbitration ofthe parties' dispute. Arthrex seeks to
prevent defendant ArthroCare Corporation ("ArthroCare") from wrongfully terminating the
distribution agreement between Arthrex and ArthroCare, dated October 2, 199X (the
"Distribution Agreement" or "Agreement"). ArthroCare justifies its purported termination
with meritless claims of contract breach on the part of Arthrex. These claims are nothing but
a pretext and are part of ArthroCare's scheme to avoid its contractual obligations with
Arthrex, to eliminate Atthrex from the European orthopedic medical device market, and to
deal directly with Arthrex's distributors and customers.
Arthrex is entitled to a preliminary injunction because it will likely succeed in
arbitration on the merits of its claims of declaratory relief and breach of contract against
ArthroCare. Also, Arthrex has suffered and will continue to suffer irreparable damage to its
relationships with customers and to its sales and distribution channels. This injury multiplies
each day that ArthroCare persists in its wrongful claim of termination. A preliminary
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