Defendant Ethicon Endo-Surgery, Inc. (“EES”) hereby files this Memorandum of Law in Support of its Motion to Exclude Dr. J. Kevin Croston’s Marketing and Manufacturing Opinions. In support thereof, EES would respectfully show the Court the following: I. BACKGROUND AND SUMMARY Plaintiff Susan Webb filed this product liability suit against EES seeking damages for injuries sustained on July 29, 2009, as a result of an allegedly defective TX60B surgical stapler (“TX stapler”) used during a surgery to remove Plaintiff’s gastroesophageal tumor. The TX stapler is designed, manufactured, and marketed by EES. It is designed to cut and seal tissue by placing titanium staples on each side of the cut line. Plaintiff alleges that when Dr. William