Motion-Secondary: Intuitive Surgical Sarl v. Philips Medical Systems Nederland B.V.

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                                At IAS Part __ of the Supreme Court of the
                                                    State of New York, held in and for the County
                                                    of New York, at the Courthouse thereof, 60
                                                    Centre Street, New York, New York on the
                                                    ___ day of May, 2024.


Present: ______________________, J.S.C.

                                                              x
                                                              :
 INTUITIVE SURGICAL SÀRL,                                         Index No. 652305/2024
                                                              :
                                                              :
                       Plaintiff,                                 Mot. Seq. No. 001
                                                              :
                                                              :
                -against-                                         ORDER TO SHOW CAUSE
                                                              :
                                                              :
 PHILIPS MEDICAL SYSTEMS NEDERLAND B.V.,
                                                              :
                                                              :
                       Defendant.
                                                              :
                                                              x



       Upon reading the accompanying Emergency Affirmation of Bradley S. Pensyl, dated May

6, 2024, all exhibits annexed thereto, the Declaration of Hilde van der Baan dated May 6, 2024

and the exhibit annexed thereto, the accompanying Memorandum of Law, and all of the pleadings

and proceedings had herein, and there having been no prior motion for the relief requested herein,

       IT IS HEREBY ORDERED that Defendant Philips Medical Systems Nederland B.V.

(“Philips”) show cause before this Court at the Supreme Court of the State of New York, County

of New York, located at Part __, 60 Centre Street, New York, New York, on the ___ day of May,

2024, at ________ a.m./p.m., or at such time that the Court hereafter should order, why an Order
should not be entered, pursuant to CPLR 6301, preliminarily enjoining and restraining Defendant

and any individual or entity acting in concert with it from prosecuting any claim or counterclaim

against Plaintiff, other than before a court of the State of New York, which arises from or is

connected to the March 22, 2019 Master Agreement between the Parties and/or the March 22,

2019 Supply Agreement between the Parties (collectively, the “Agreements”), including without

limitation asserting such claims in the lawsuit Defendant has commenced against Plaintiff in the

District Court of East Brabant in the Netherlands (the “Dutch Proceedings”), along with such other

and further relief as the Court deems just and proper; and

       IT IS FURTHER ORDERED that Defendant shall immediately withdraw the Dutch

Proceedings and shall cause its affiliate, Philips Holding USA Inc., to do the same pending

resolution of this Motion by Order to Show Cause; and

       IT IS FURTHER ORDERED that neither Defendant nor any individual or entity acting

in concert with it shall commence any proceedings against Plaintiff arising from or connected to

the Agreements in any forum, other than in a court of the State of New York, pending resolution

of this Motion by Order to Show Cause; and

       IT IS FURTHER ORDERED that, sufficient cause being alleged heretofore, on or before

May __, 2024, service of a copy of this Order to Show Cause, together with the papers upon which

it is based, be made by overnight mail, pursuant to Article 10(a) of the Hague Convention on the

Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, to

Defendant Philips Medical Systems Nederland B.V. at Veenpuis 6, 5684 PC Best, The

Netherlands, and by email to Defendant’s counsel in the Dutch Proceedings, Martijn Evers,

mevers@akd.eu, and that such service shall be deemed good and sufficient service; and
       IT IS FURTHER ORDERED that answer papers, if any, shall be served by email upon

counsel for Plaintiffs, Allen Overy Shearman Sterling US LLP, 1221 Avenue of the Americas,

New York, New York 10020, attention: Bradley S. Pensyl (bradley.pensyl@aoshearman.com) and

Justin L. Ormand (justin.ormand@aoshearman.com), on or before May __ 2024 by _______ p.m.;

and

       IT IS FURTHER ORDERED that reply papers, if any, are to be served upon counsel for

Defendants by email (as detailed above) on or before May __, 2024.

Dated: New York, New York
       May ____, 2024



                                                  ENTER:


                                                  ____________________________________
                                                              J.S.C.