IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF PENNSYLVANIA
`
`CASE NO. 2:12-cv-05680-AB
`
`HON. ANITA B. BRODY
`
`JURY DEMAND
`
`))))))))))))
`
`DESTINATION MATERNITY
`CORPORATION,
`
`Plaintiff,
`
`v.
`
`TARGET CORPORATION, CHEROKEE
`INC., and ELIZABETH LANGE LLC,
`
`Defendants.
`
`DEFENDANT’S FIRST SET OF INTERROGATORIES TO
`PLAINTIFF DESTINATION MATERNITY CORPORATION
`
`Pursuant to Rules 26 and 33 of the Federal Rules of Civil Procedure and Local Rule 26.1,
`
`defendant Target Corporation, hereby serves its First Set of Interrogatories to Plaintiff, as
`
`follows:
`
`I.
`
`CONSTRUCTIONS
`
`The following constructions shall apply throughout this Discovery Request:
`
`A.
`
`Defined words and terms, and the words that comprise defined phrases, are
`
`capitalized. If a word that would otherwise constitute a defined word or term, or a constituent of
`
`a defined phrase, is not capitalized, then that word should be accorded its ordinary meaning in
`
`view of the context in which it is used. All other words, whether or not capitalized, should be
`
`accorded their ordinary meaning in view of the context in which they are used.
`
`B.
`
`All definitions pertain equally to the singular, plural, and possessive forms of the
`
`defined words, terms, and phrases.
`
`Target Corporation
`EX. 1041 - Page 1
`
`

`
`C.
`
`The words “and” and “or” shall be construed conjunctively or disjunctively as
`
`necessary in order to bring within the scope of Any request herein Any responses that might
`
`otherwise be construed to be outside the scope of such request.
`
`II.
`
`DEFINITIONS
`
`The following definitions shall apply throughout this Discovery Request:
`
`A.
`
`The words “Any” and “All” may be used interchangeably herein and mean “any,”
`
`“all,” “each and every,” as well as “any one.”
`
`B.
`
`The terms “Relate to,” “Related to,” “Relating to,” “in Relation to,” “Relate,” and
`
`“Related” mean comprising, mentioning, describing, underlying, containing, enumerating,
`
`involving, regarding, or in Any way concerning, identified in, pertaining, corresponding, or
`
`referring to, being connected with, reflecting on or resulting from, in whole or in part, directly or
`
`indirectly, the stated subject matter.
`
`C.
`
`The terms “This Matter,” “This Lawsuit,” and “This Action” are used
`
`interchangeably herein and mean and Relate to the case in which this Discovery Request is being
`
`served, Destination Maternity Corporation v. Target Corporation, Cherokee Inc., and Elizabeth
`
`Lange LLC, No. 2:12-cv-5680-AB (E.D. Pa. filed Oct. 4, 2012).
`
`D.
`
`The terms “Destination Maternity Corporation,” “DMC,” “Plaintiff,” “You,”
`
`“Your,” and “Yours” mean and Relate to the plaintiff in This Matter, Destination Maternity
`
`Corporation, and include its present and former divisions; subsidiaries; affiliates; parents;
`
`predecessors, successors, and assigns (by operation of law or otherwise); officers; directors;
`
`principals; employees; representatives; investors; sureties; indemnitors; insurers; inspectors;
`
`agents; attorneys; auditors; accountants; consultants; advisors; investigators; and Any other
`
`Person acting or purporting to act on its behalf, presently or in the past.
`
`
`DMS_US 51499920v4
`
`-2-
`
`Target Corporation
`EX. 1041 - Page 2
`
`

`
`E.
`
`The terms “Target Corporation,” “Target,” “Defendant,” and “Requesting Party”
`
`are used interchangeably herein and mean and Relate to defendant Target Corporation, the
`
`defendant in This Matter who has served this Discovery Request on You.
`
`F.
`
`The term “Parties” means and Relates to any named party in This Matter,
`
`including but not limited to Destination Maternity Corporation, Target Corporation, Cherokee
`
`Inc., and Elizabeth Lange LLC.
`
`G.
`
`H.
`
`The term “Third Party” means a Person other than the Parties.
`
`The term “Discovery Request” means and Relates to this discovery request,
`
`Target’s First Set of Interrogatories to Plaintiff.
`
`I.
`
`The term “Complaint” means and Relates to the most current filed document
`
`containing Plaintiff’s claims against Target in This Matter, which, as of the date of this
`
`Discovery Request, is Plaintiff’s Complaint (Doc. No. 1, filed Oct. 4, 2012).
`
`J.
`
`The term “Answer” means and Relates to the most current filed document
`
`containing Target’s defenses in This Matter, which, as of the date of this Discovery Request, is
`
`Defendant’s Answer and Defenses to Plaintiff’s Complaint (Doc. No. 17, filed Dec. 3, 2012).
`
`K.
`
`The term “’575 Patent” means and Relates to U.S. Patent No. 7,814,575 issued
`
`October 19, 2010 and surrendered on July 24, 2012. The term “’276 Patent” means and Relates
`
`to U.S. Patent No. 7,900,276 issued March 8, 2011 and surrendered on August 7, 2012. The
`
`term “’531 Patent” means and Relates to U.S. Patent No. RE43,531 issued on July 24, 2012.
`
`The term “’563 Patent” means and Relates to U.S. Patent No. RE43,563 issued on August 7,
`
`2012. The term “Patents-in-Suit” means and Relates to both the ’563 Patent and the ’531 Patent
`
`entitled “Belly Covering Garment” as well as Any parent, grandparent, or predecessor
`
`applications, whether pending, issued, or abandoned, and Any divisional, continuation, or
`
`
`DMS_US 51499920v4
`
`-3-
`
`Target Corporation
`EX. 1041 - Page 3
`
`

`
`continuation-in-part applications, and Any surrendered or foreign patents and patent applications
`
`disclosing or claiming subject matter which is substantially the same as that claimed in either the
`
`’563 Patent or the ’531 Patent.
`
`L.
`
`The term “Accused Product(s)” means and Relates to All product(s) of Target that
`
`You believe Infringe Any claim of the Patents-in-Suit.
`
`M.
`
`The term “Pertinent Maternity Product(s)” means and includes, but is not limited
`
`to, All of Your current or past maternity products that are similar to the Accused Product(s) or
`
`that are similar to, or that embody, the subject matter disclosed and/or claimed in the Patents-in-
`
`Suit. For example, the term “Pertinent Maternity Product(s)” means and Relates to All maternity
`
`pants, trousers, jeans, shorts, and skirts of any style, material, or length that have a flexible panel
`
`(1) at, near, and/or above the waist line, and (2) that encircles all or part of the wearer’s waist,
`
`stomach, and/or torso. For purposes of this definition, the articles of clothing described above—
`
`pants, trousers, jeans, shorts, and skirts—should be consider for “maternity” wear if You have
`
`ever advertised, sold, or otherwise identified them as such.
`
`N.
`
`The term “U.S.” means and Relates to The United States of America and its
`
`territories.
`
`O.
`
`The term “Foreign” means and Relates to Any nation or territory outside of the
`
`U.S., and includes Any governmental, quasi-governmental, trade-Related, or treaty-Related
`
`organization, or Any other such organization that is not controlled exclusively by the U.S.
`
`P.
`
`The term “Person” means and Relates to each of the Parties, as well as Any other
`
`natural person or entity, including, but not limited to, and regardless of whether “not-for-profit,”
`
`Any proprietorships; partnerships; firms; corporations; limited liability companies; trusts; joint
`
`ventures; independent establishments; public, municipal, or government agencies or corporations
`
`
`DMS_US 51499920v4
`
`-4-
`
`Target Corporation
`EX. 1041 - Page 4
`
`

`
`(federal, state, local, Foreign, or otherwise) and Any departments and agencies thereof;
`
`governments (federal, state, local, Foreign, or otherwise) and Any departments and agencies
`
`thereof; Any other governmental agencies, political subdivisions, groups, associations,
`
`organizations, boards, firms, funds, or bodies of Any kind; Any divisions or subsidiaries of Any
`
`group or a combination acting as an entity; and Any other legally recognized entity of Any
`
`description whatsoever. Unless otherwise stated, the term “Person” also includes Any
`
`individuals and/or entities which are separately defined in these Definitions. Any reference to
`
`Any Person that is not a natural person, including the Parties, shall also include that Person’s
`
`present and former divisions; subsidiaries; affiliates; parents; predecessors, successors, assigns,
`
`and heirs (by operation of law or otherwise); officers; directors; principals; employees;
`
`representatives; investors; sureties; indemnitors; insurers; inspectors; agents; attorneys; auditors;
`
`accountants; consultants; advisors; investigators; and Any other Person acting or purporting to
`
`act on its behalf, presently or in the past.
`
`Q.
`
`The term “Communication” means and Relates to Any transmission, conveyance,
`
`or exchange of information, whether by oral, written, printed, recorded, filmed, electronic, or
`
`other means.
`
`R.
`
`The term “Document” is used in the broadest sense permissible under the Federal
`
`Rules of Civil Procedure, and includes, but is not limited to, documents and electronically stored
`
`information—including writings, drawings, graphs, charts, photographs, sound recordings,
`
`images, and other data or data compilations stored in Any medium from which information can
`
`be obtained—and translations thereof, and means and Relates to Any written, printed, recorded,
`
`filmed, or electronically stored words, data, or information of Any type or description, whether
`
`so written, printed, recorded, filmed, or electronically stored using mechanical, electronic,
`
`
`DMS_US 51499920v4
`
`-5-
`
`Target Corporation
`EX. 1041 - Page 5
`
`

`
`electromagnetic, or stenographic means, or by hand, and whether or not created, produced, or
`
`reproduced by one of the Parties, and includes, without limitation and regardless of whether
`
`incomplete, partially complete, or complete, Any originals, duplicates, drafts, versions, abstracts,
`
`compilations, summaries, and Any transcriptions thereof or amendments thereto, and Any copies
`
`differing in Any way from Any original, of the following: Any letters; e-mails; voice-mails;
`
`correspondence; facsimiles; teletypes; telefaxes; cablegrams; radiograms; telegrams; tickets;
`
`coupons; certificates; memoranda; notes; records, including statistical, financial, and sales
`
`records; reports; prospectuses; financial statements; purchase orders; invoices; receipts; checks;
`
`minutes; envelopes; inter- and intra-office Communications; microfilm; microfiche; films, tapes,
`
`cassettes, disks, and drives (containing audio, video, analog, electronic, magnetic, or other data);
`
`drawings; sketches; specifications; flowcharts; photographs; phonorecords; bulletins; circulars;
`
`studies; plans; analyses; notices; computer records, Source Code, runs, programs, software, and
`
`Any codes or data necessary to comprehend such records, Source Code, runs, programs, or
`
`software; books; publications; pamphlets; illustrations; lists; forecasts; brochures; periodicals;
`
`catalogs and catalog sheets; advertisements; press, publicity, and trade releases; charts; graphs;
`
`indices; labels; bills; statements; files; agreements; contracts; sub-contracts; forms; schedules;
`
`work sheets; data compilations; policies; manuals, including policy, employment, training,
`
`safety, operator’s, user’s, and how-to manuals; calendars; diaries; test results; notebooks;
`
`handbooks; opinions or reports of consultants, advisors, investigators, insurers, inspectors,
`
`auditors, and accountants; evidence of intellectual property ownership, including patents, patent
`
`applications, trademark registrations and applications therefor, and copyright registrations and
`
`applications therefor; notices or minutes of, or notes, records, memoranda, or summaries created
`
`before, during, after, or Relating to, meetings, telephone, personal, or face-to-face conversations,
`
`
`DMS_US 51499920v4
`
`-6-
`
`Target Corporation
`EX. 1041 - Page 6
`
`

`
`conferences, interviews, investigations, consultations, negotiations, or other Communications,
`
`including lists of Any participants therein; Any electronically stored information of Any type or
`
`description that can be printed on paper or tape or transferred, downloaded, or copied to one or
`
`more other devices for storing electronically stored information (e.g., films, tapes, cassettes,
`
`disks, or drives), including Any such information accessible, either presently or in the past, on
`
`Any Website Relating to You; and Any other written, printed, recorded, filmed, or electronically
`
`stored words, data, or information of Any type or description, whether so written, printed,
`
`recorded, filmed, or electronically stored using mechanical, electronic, electromagnetic, or
`
`stenographic means, or by hand, and whether or not created, produced, or reproduced by one of
`
`the Parties, including, without limitation and regardless of whether incomplete, partially
`
`complete, or complete, Any originals, duplicates, drafts, versions, abstracts, compilations,
`
`summaries, and Any transcriptions thereof or amendments thereto, and Any copies differing in
`
`Any way from Any original.
`
`S.
`
`The term “ESI” means and Relates to Electronically Stored Information as that
`
`term is used and defined in Rules 26 and 34 of the Federal Rules of Civil Procedure and the
`
`official notes and comments thereto.
`
`T.
`
`The term “Thing” includes, but is not limited to, Any tangible thing that is not a
`
`Document, including Any product, model, machine, device, apparatus, tool, component part,
`
`assembly or subassembly, and Any portion thereof.
`
`U.
`
`The term “Prior Art” encompasses, without limitation, the subject matter
`
`described in every subpart, subsection, and/or subdivision of 35 U.S.C. §§ 102 and 103 relative
`
`to the Patents-in-Suit, and may include, but is not limited to, products, events, actions,
`
`Documents, Things, and ESI. For purposes of this Discovery Request, the term “Prior Art”
`
`
`DMS_US 51499920v4
`
`-7-
`
`Target Corporation
`EX. 1041 - Page 7
`
`

`
`further includes All products, events, actions, Documents, Things, and ESI believed or suspected
`
`to fall within the subject matter described in Any subpart, subsection, and/or subdivision of
`
`35 U.S.C. §§ 102 and 103, without regard for whether such belief or suspicion is a correct legal
`
`or factual conclusion.
`
`V.
`
`The terms “Infringe” and “Infringement” encompass, without limitation, each and
`
`every type of patent infringement described in every subpart, subsection, and/or subdivision of
`
`35 U.S.C. § 271.
`
`W.
`
`X.
`
`The term “PTO” means and Relates to the U.S. Patent & Trademark Office.
`
`The term “License Agreement” means and Relates to Any agreement, whether
`
`executory or executed, and whether or not expired, which, upon its execution and prior to its
`
`expiration, gives at least one of the parties to the agreement the right to make, have made, use,
`
`practice, copy, sell, offer to sell, import, or export Any technology, know-how, or intellectual
`
`property rights; and includes, but is not limited to, license agreements, cross-license agreements,
`
`settlement agreements, covenants not to sue, letters of intent, purchase agreements, technology
`
`transfer agreements, and joint development agreements.
`
`Y.
`
`The term “Identify” (including Any form of that word) and Any phrases
`
`requesting that You state, or provide Documents Relating to, “the Identity of” or “the
`
`Identification of” certain subject matter means:
`
`1.
`
`In the case of a natural person, to state, or provide Documents that set
`
`forth, the Person’s (i) full name, (ii) present or last known business affiliation or employer; (iii)
`
`job title or position; (iv) present or last known business address, telephone number, and e-mail
`
`address; and (v) present or last known residential address and telephone number;
`
`
`DMS_US 51499920v4
`
`-8-
`
`Target Corporation
`EX. 1041 - Page 8
`
`

`
`2.
`
`In the case of a Person other than a natural person (i.e., an entity), to state,
`
`or provide Documents that set forth, (i) the entity’s full name, address, and telephone number;
`
`and (ii) the nature of the entity (e.g., partnership, corporation, etc.);
`
`3.
`
`In the case of a Document, whether or not such Document is presently in
`
`existence or Your possession, to state (i) the Bates or production number the Document bears if
`
`the Document has already or is being produced; (ii) the date the Document bears or bore or, if
`
`undated, the date on which it was created; (iii) the Identity of Any Person who authored it or
`
`participated in the creation of it; (iv) the Identity of Any Person who received the Document or a
`
`copy thereof; (v) a description of the Document, including its type, title, and subject matter;
`
`(vi) the Document’s present location; (vii) the Identity of Any Person having custody of or
`
`access to the original and/or Any copy thereof; (viii) if the Document is not presently in
`
`existence, a description of Any basis for the destruction or disposal of the Document, the date of
`
`such destruction or disposal, and the Identity of Any Person who participated in its destruction or
`
`disposal; and (ix) if You do not know whether the Document is presently in existence because
`
`the Document is not presently in Your possession, the Identity of Any Person now in possession
`
`the Document and/or Any copy thereof;
`
`4.
`
`In the case of a Communication, whether or not such Communication
`
`presently exists in recorded form, to state, or provide Documents that set forth, (i) the method by
`
`which the Communication was transmitted, sent, conveyed, exchanged, or received; (ii) the
`
`nature, content, and substance of the Communication; (iii) the date, time, and place when and
`
`where the Communication took place; and (iv) the Identity of Any Person who transmitted, sent,
`
`conveyed, exchanged, received, or participated in the Communication, including Any witness to
`
`the Communication;
`
`
`DMS_US 51499920v4
`
`-9-
`
`Target Corporation
`EX. 1041 - Page 9
`
`

`
`5.
`
`In the case of a Thing, whether or not such Thing is presently in existence
`
`or Your possession, to state, or provide Documents that set forth, (i) a description of the nature
`
`of, type of, and use(s) for the Thing; (ii) the Thing’s model, serial, part, item, product, catalog,
`
`and/or manufacturer’s number(s); (iii) the date when the Thing came into existence; (iv) the date
`
`when the Thing came into Your Possession; (v) the reason(s) for which You developed,
`
`designed, created, manufactured, purchased, or acquired the Thing; (vi) the Identity of Any
`
`Person who used, developed, designed, created, manufactured, purchased, or acquired, the
`
`Thing; (vii) if the Thing is not presently in existence, a description of Any basis for the
`
`destruction or disposal of the Thing, the date of such destruction or disposal, and the Identity of
`
`Any Person who participated in its destruction or disposal; and (viii) if You do not know whether
`
`the Thing is presently in existence because the Thing is not presently in Your possession, the
`
`Identity of Any Person now in possession the Thing; and
`
`6.
`
`In Any case not specifically provided for above, to accord the term or
`
`phrase its ordinary meaning in view of the context in which it is used.
`
`Z.
`
`The term “Website” means and Relates to a related collection of Web pages
`
`associated with a particular host name and Any constituent pages or sub-domains Related
`
`thereto, and includes, but is not limited to, Any Person’s presence on the Internet and/or World
`
`Wide Web, including Your own.
`
`AA.
`
`The term “Extracted Metadata” means and Relates to data Related to the
`
`“properties” of an electronic Document file, and, for the purposes of this Discovery Request,
`
`applies only to e-mail messages. Specifically with respect to e-mail messages, “Extracted
`
`Metadata” includes the following data fields: To, From, CC, BCC, Date Sent, Date Received,
`
`and Attachment.
`
`
`DMS_US 51499920v4
`
`-10-
`
`Target Corporation
`EX. 1041 - Page 10
`
`

`
`BB.
`
`The term “Extracted Text” means and Relates to the ASCII text of an electronic
`
`Document file.
`
`CC.
`
`The term “Applied Metadata” means and Relates to data that has been applied to
`
`an electronic Document file, either through a processing or indexing step, and, for the purposes
`
`of this Discovery Request, includes the following data fields: Bates Begin Number, Bates End
`
`Number, Page Count; and, when reasonably available, Attachment Beginning, Attachment End,
`
`and Confidentiality Designation.
`
`DD.
`
`The term “OCR Text” means and Relates to text resulting from a machine process
`
`that “reads” the image of a Document and converts the image into ASCII text, also known as
`
`Optical Character Recognition.
`
`III.
`
`INSTRUCTIONS
`
`The following instructions shall apply throughout this Discovery Request:
`
`A.
`
`For Any Documents requested herein, or Any Documents that You produce as
`
`responsive to Any request herein, produce All responsive Documents in Your possession,
`
`custody, or control, excluding (1) All Bates-labeled Documents that the Requesting Party has
`
`produced to You in This Matter—in other words, if the Requesting Party has produced Any
`
`Bates-labeled Documents to You in This Matter, then You should not produce copies of those
`
`Bates-labeled Documents in response to this Discovery Request even if those Bates-labeled
`
`Documents may be responsive to one or more requests herein; and (2) All of the Parties’
`
`respective pleadings, discovery requests, written responses/objections to discovery requests,
`
`discovery disclosures (e.g., initial disclosures), and deposition and other notices in This Matter.
`
`B.
`
`For Any Documents requested herein, or Any Documents that You produce as
`
`responsive to Any request herein, produce the entire Document, along with Any attachments,
`
`appendices, and exhibits to it, as well as every non-identical copy of the Document. Original
`
`
`DMS_US 51499920v4
`
`-11-
`
`Target Corporation
`EX. 1041 - Page 11
`
`

`
`Documents that are in color should be produced in color. All such Documents should be
`
`produced as they are kept in the usual course of business by You or should be organized and
`
`labeled to correspond, by number, with the pertinent request(s) herein. In this regard, the file or
`
`files (e.g., folders, accordion files, binders, etc.) in which Any Document is kept by You in the
`
`usual course of business, including Any labels or markings thereon, also should be produced.
`
`C.
`
`For Any Documents requested herein, or Any Documents that You produce in
`
`response to Any request herein, produce the Documents in the following format: Produce all
`
`Documents in TIFF image file format. All TIFF images shall be single-page, group IV TIFF
`
`images suitable for use in Concordance® and must have a resolution of at least 300 dpi.
`
`Documents that exist in color shall be produced in color, in JPEG image file format, and must
`
`have a resolution of at least 300 dpi. Each filename must be unique and match the Bates number
`
`of the page. The filename should not contain any blank spaces and should be zero padded (e.g.,
`
`ABC00000001). All TIFF and JPEG images shall (1) be cross-referenced to records in a load
`
`file or load files suitable for use in Concordance® and (2) have an associated Opticon file or files.
`
`The Concordance® load file(s) shall be in a format that is compatible with Concordance® and is
`
`able to be imported into a Concordance® database. The Opticon file(s) shall be in a format that
`
`is compatible with Opticon and is able to be viewed using Opticon.
`
`1.
`
`Where the original of a Document exists only in electronic form, the
`
`production format shall include a TIFF or JPEG image of the electronic Document as provided in
`
`paragraph III.C, supra, as well as Extracted Metadata (if applicable), Extracted Text—or, if
`
`unavailable, OCR Text—and Applied Metadata. The delivery format of these elements shall be
`
`a load file or load files suitable for use in Concordance® as provided in paragraph III.C, supra.1
`
`1
`
`See FED. R. CIV. P. 34(b)(1)(C) (stating that a request for production “may specify the form or forms in which
`electronically stored information is to be produced”).
`
`
`DMS_US 51499920v4
`
`-12-
`
`Target Corporation
`EX. 1041 - Page 12
`
`

`
`2.
`
`Where the original of a Document exists only in hard copy form, the
`
`production format shall include a TIFF or JPEG image of the Document as provided in
`
`paragraph III.C, supra, as well as Applied Metadata and OCR Text. The OCR Text shall be
`
`provided in a separate folder. The delivery format of these elements shall be a load file or load
`
`files suitable for use in Concordance® as provided in paragraph III.C, supra.
`
`3.
`
`Where an electronic Document and a corresponding hard copy of the
`
`electronic Document exist, the electronic Document must be produced unless the burden of
`
`producing the electronic Document substantially outweighs the burden of producing the hard
`
`copy Document, in which case the hard copy Document shall be produced. The production
`
`format of an electronic Document falling under this paragraph shall be in accordance with
`
`paragraph III.C.1, supra. The production format of a hard copy Document falling under this
`
`paragraph shall be in accordance with paragraph III.C.2, supra.
`
`4.
`
`By specifying the foregoing protocol and formats for production of
`
`Documents in This Matter, and by accepting static images of electronically stored Documents or
`
`other ESI, such as the TIFF or JPEG images described above, the Requesting Party does not
`
`waive, and hereby expressly reserves, the right to further request from You Any of Your (a)
`
`original electronic Documents in their native electronic format with Any associated metadata
`
`specified by the Requesting Party, and (b) original hardcopy Documents in their original
`
`hardcopy format.
`
`D.
`
`If Any Document or Thing requested herein, or Any Document or Thing that You
`
`would otherwise produce in full as responsive to Any request herein, cannot be produced in full,
`
`produce the Document or Thing to the extent possible, specifying each reason for Your inability
`
`
`DMS_US 51499920v4
`
`-13-
`
`Target Corporation
`EX. 1041 - Page 13
`
`

`
`to produce the remainder and stating whatever information, knowledge, or belief You have
`
`concerning that portion of the Document or Thing that You state cannot be produced.
`
`E.
`
`If You object to or otherwise decline to comply with Any portion of Any request
`
`herein, provide Any Documents or information requested by that portion of the request to which
`
`You do not object or with which You do not decline to comply. If You object to a request on the
`
`ground that it is too broad, provide Any information and Documents or portions of Documents
`
`that You concede are relevant. If You object to a request on the ground that to provide the
`
`requested discovery would constitute an undue burden, provide Any requested discovery that can
`
`be supplied without undertaking what You claim is an undue burden. If You encounter Any
`
`ambiguity or vagueness in construing Any request or Any of the definitions or instructions
`
`herein, set forth the matter deemed ambiguous or vague and answer the request by indicating the
`
`construction chosen by You and used in responding. For those portions of Any request herein to
`
`which You object or with which You decline to comply, expressly state the reason(s) for Your
`
`objection or declination.
`
`F.
`
`If You object to Any portion of Any request herein on the ground that it seeks a
`
`Document containing privileged or otherwise non-discoverable information, then, pursuant to
`
`Rule 26(b)(5)(A) of the Federal Rules of Civil Procedure, expressly state the ground(s) for such
`
`objection and provide a log identifying: (i) the date of the Document, (ii) the author or authors
`
`of the Document, (iii) the type, title, and general subject matter of the Document, (iv) Any
`
`Person who received or reviewed the Document, (v) Any Person to whom such information has
`
`been communicated, and (vi) the privilege or other protection being asserted and the basis
`
`therefor.
`
`
`DMS_US 51499920v4
`
`-14-
`
`Target Corporation
`EX. 1041 - Page 14
`
`

`
`G.
`
`Pursuant to Rule 26(e)(1) of the Federal Rules of Civil Procedure, this Discovery
`
`Request is continuing in nature, so as to require You to provide, by way of supplementary
`
`responses hereto, such additional information and/or Documents as You or Any other Person
`
`acting on Your behalf may hereafter obtain which will augment or otherwise modify the
`
`responses first given. Such supplementary responses are to be served upon the undersigned
`
`counsel within thirty (30) days after receipt of such information and/or Documents.
`
`IV.
`
`INTERROGATORIES
`
`Pursuant to Rules 26 and 33 of the Federal Rules of Civil Procedure and Local Rule 26.1,
`
`and in accordance with the Constructions, Definitions, and Instructions set forth above, Target
`
`requests that You respond to the following interrogatories within thirty (30) days after service
`
`hereof. Please answer the following:
`
`INTERROGATORY NO. 1
`
`Identify and describe in detail the dates, All persons
`
`involved with, and All Documents supporting the first conception, the first reduction to practice,
`
`any diligence between the first conception and the first reduction to practice, the first private use,
`
`the first public use, and the first sale of the subject matter of each of the Asserted Claims in the
`
`Patents-in-Suit.
`
`INTERROGATORY NO. 2
`
`Identify and describe in detail the dates, All persons
`
`involved with, and All Documents supporting (by Bates number) of All use(s), sale(s), offer(s)
`
`for sale, knowledge, description(s), invention(s), event(s), occurrence(s), circumstance(s), and
`
`Any other activities Relating to the subject matter of the Patents-in-Suit or Any Pertinent
`
`Maternity Product(s) or other product embodying or practicing Any claim of the Patents-in-Suit,
`
`which took place or occurred prior to May 31, 2007 (the filing date of U.S. Patent Application
`
`No. 11/756,242), whether or not Any such activities took place within the U.S., including, but
`
`not limited to, the dates of Any such activities, the type of Any such activities (e.g., use(s),
`
`
`DMS_US 51499920v4
`
`-15-
`
`Target Corporation
`EX. 1041 - Page 15
`
`

`
`sale(s), offer(s) for sale, knowledge, description(s), invention(s), etc.), Any system(s), product(s),
`
`and/or service(s) involved in Any such activities, and the names of All Persons involved in Any
`
`such activities.
`
`INTERROGATORY NO. 3
`
`For each claim of the Patents-in-Suit You allege is
`
`infringed by Target, Identify and describe in detail All Pertinent Maternity Product(s) or other
`
`product(s) developed, manufactured, imported, sold, offered for sale, or licensed by DMC that
`
`DMC alleges embodies or practices the claim including, without limitation, all models,
`
`prototypes, and modifications, including the name and version number of the product, the date it
`
`was first made public in any way, and the claim embodied.
`
`INTERROGATORY NO. 4
`
`Identify and describe in detail (by name, title, model or
`
`tracking number, trade name, trademark, or other objective indicia) All Accused Product(s).
`
`INTERROGATORY NO. 5
`
`Identify and describe in detail all facts and
`
`circumstances regarding how and when DMC first became aware of the Accused Product(s),
`
`Target’s alleged infringement of the Patents-in-Suit, and the reasons why DMC did not file suit
`
`against Target until October 4, 2012.
`
`INTERROGATORY NO. 6
`
`Separately for each of the Accused Product(s), Identify
`
`and describe in detail All Pertinent Maternity Product(s) or other product(s) of DMC that DMC
`
`contends competes with (or has competed with or could compete with) each such Accused
`
`Product.
`
`INTERROGATORY NO. 7
`
`Identify the earliest priority date to which You believe
`
`the Patents-in-Suit are entitled and set forth the complete factual and legal bases for why the
`
`Patents-in-Suit are entitled to such priority date.
`
`
`DMS_US 51499920v4
`
`-16-
`
`Target Corporation
`EX. 1041 - Page 16
`
`

`
`INTERROGATORY NO. 8
`
`Describe in detail the bases, if any, for DMC’s
`
`allegation that “Defendants’ infringement has irreparably injured DMC” as asserted in
`
`paragraphs 55 and 62 of DMC’s Complaint.
`
`INTERROGATORY NO. 9
`
`Identify and describe in detail the amount of monetary
`
`damages to which DMC claims to be entitled from Target and the method(s) used to calculate
`
`such amount(s), including a list of each and every factor supporting this methodology and All
`
`evidence supporting each and every such factor, the specific lost profits and/or reasonable
`
`royalty rate to which DMC claims it is entitled, and a description of the facts and analysis in
`
`support of DMC’s claims, identifying all bases for addressing each of the applicable Panduit
`
`factors, Georgia-Pacific factors, or other factors You believe are pertinent to determining the
`
`amount of monetary damages to whic