ORDER APPOINTING, NEUTRAL EXPERT

WILLIAM M. CONLEY, District Judge.

The court has designated P. Patrick Cleary, Ph.D., Emeritus Professor of the Department of Microbiology and Immunology of the University of Minnesota, as the court-appointed, neutral expert in this case. Attached to this order is a copy of the engagement letter, which will be sent today and obligates the parties to be responsible for his fees and costs in this matter.

As noted in earlier correspondence, Professor Cleary has already been provided expert reports by the court. Any additional materials will also be provided through the court. In that respect, the parties may propose other materials to be provided to Professor Cleary for review in advance of the July 1, 2016, hearing, including deposition transcripts excerpts or other materials from the deposition of those same experts for possible review by Professor Cleary. The court will preview and then forward those materials it deems sufficiently material to the issues on which he may be asked to opine. The court will not forward affidavits or other out-of-court statements, other than the actual reports of designated testifying experts or their previous sworn deposition testimony.

United States District Court Western District of Wisconsin Robert W. Kastenmeier Courthouse 120 North Henry Street, Room 560 Madison, Wisconsin 53703

RE: Neutral Expert Appointment

Dear Professor Cleary:

Thank you again for agreeing to serve as a court-appointed, neutral expert in Genovis AB and Hansa Medical Lab AB v. Promega Corporation, No. 15-cv-2060-wmc (W.D. Wis. April 6, 2015).

The purpose of this letter is to confirm the scope and terms of your appointment. The court has already provided copies of relevant reports prepared by the parties' respective experts. I may also provide other materials related to those expert opinions, including excerpts from transcripts of any depositions taken of the experts or other key documents, and possible reports of secondary experts.

As an initial step, I ask that you simply review the reports previously provided and reflect on them for purposes of discussing the underlying science at the hearing. Should you require any other information relied upon or referred to in any of the reports, please contact my judicial assistant, Melissa Hardin (608-261-5178; melissa_hardin@wiwd.uscourts.gov), and we will obtain a copy. As we discussed, however, you should not contact any of the experts or attorneys in this case, nor will they contact you. Also, it bears repeating that you should also not speak about this matter with anyone (other than your attorney), including in particular the named experts or the parties in suit.

As you know, this matter has been scheduled for a hearing on July 1, 2016, and it is expected that you will arrange to be present (at the parties' expense) for possible testimony in the early afternoon. As reflected in the enclosed agenda, beginning at approximately 1:30 p.m., you will have an opportunity to with the parties' respective experts certain scientific topics, some of which are specifically listed in the agenda. I will also pose questions to the parties' experts and you. During or after that colloquy, I will likely ask you to provide certain opinions to questions posed by the court, some of which may be provided to the parties' experts and you in advance of the hearing. Then, the parties will each have an opportunity to pose any follow-up questions to the experts, including you.

The trial of this case is scheduled to begin at the federal courthouse in Madison, Wisconsin, on August 15, 2016. Later that week or perhaps early the following week, you may be asked to testify, although that is unlikely at this point. Only if it comports with your schedule, I would, therefore, ask that you hold this time open on your calendar. If you are or become otherwise committed during that time, you can just let me know on July 1, and we will work around your schedule to preserve your testimony, should it be needed.

As discussed, you will be compensated at the rate of $300/hour for your preparation time and $600/hour for time in court. Please submit all invoices to the court for payment. The court will then direct each side to pay one-half of the invoices within 30 days.