Nicola A. Pisano (CA Bar No. 151282)
`npisano@foley.com
`Jose L. Patiño (CA Bar No. 149568)
`jpatino@foley.com
`Justin E. Gray (CA Bar No. 282452)
`
`jegray@foley.com
`FOLEY & LARDNER LLP
`3579 Valley Centre Drive, Suite 300
`San Diego, CA 92130-3302
`Telephone: 858.847.6700
`Facsimile: 858.792.6773
`Attorneys for Defendant
`RESHAPE MEDICAL, INC.
`
`UNITED STATES DISTRICT COURT
`CENTRAL DISTRICT OF CALIFORNIA
`WESTERN DIVISION
`
`FULFILLIUM, INC.,
`Plaintiff,
`
`v.
`RESHAPE MEDICAL, INC.,
`Defendant.
`
`Case No. 2:17-cv-08419-RGK-PLA
`RESHAPE MEDICAL, INC.’S
`INITIAL DISCLOSURES
`Judge: Hon. R. Gary Klausner
`
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`Case No. 2:17-cv-08419-RGK-PLA
`
`Fulfillium Exhibit 2006, Page 1
`ReShape v. Fulfillium
`Case IPR2018-00958
`
`

`

`
`
`Pursuant to Rule 26(a)(1) of the Federal Rules of Civil Procedure, Defendant
`ReShape Medical, Inc. (“ReShape Medical”) provides the following initial disclosures.
`These initial disclosures are based on information reasonably available to ReShape
`Medical at this time. Pursuant to Federal Rule of Civil Procedure 26(e), ReShape
`Medical reserves the right to supplement or amend its disclosures as additional
`information becomes available to it. ReShape Medical further reserves any applicable
`privileges that may apply to this disclosure and any further supplemental disclosures
`or other pre-trial discovery,
`including attorney-client, work product, and
`investigational privileges.
`A.
`Persons Having Relevant Knowledge Under Fed. R. Civ. P. 26(a)(1)(A)
`Based on the allegations presented in Fulfillium, Inc.’s Amended Complaint and
`the current status of ReShape Medical’s investigation, ReShape Medical believes the
`following persons have knowledge of facts relevant to this action. ReShape Medical
`anticipates that other persons may also have discoverable information and expressly
`reserves the right to identify additional persons as discovery proceeds. For example,
`ReShape Medical anticipates identifying persons potentially having knowledge of prior
`art patents, publications, inventions, or other activities, and will supplement this
`disclosure as appropriate. This disclosure is submitted with the understanding that a
`variance may exist in the level of knowledge and information held by the persons
`identified.
`Based on information presently available to it, ReShape Medical identifies the
`persons listed below as potentially having non-privileged knowledge relevant to this
`action. ReShape Medical expressly reserves the right to supplement this list of
`individuals as the case progresses and as investigations and discovery continues. The
`individuals below should be contacted only through counsel for ReShape Medical at
`Foley & Lardner LLP.
`
`
`
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`Fulfillium Exhibit 2006, Page 2
`ReShape v. Fulfillium
`Case IPR2018-00958
`
`

`

`
`
`Name
`
`Scott Youngstrom
`
`and Phone
`
`Address
`Number
`ReShape Medical, Inc.
`
`To be contacted through
`counsel
`
`Bob Haggerty
`
`ReShape Medical, Inc.
`
`To be contacted through
`counsel
`
`Mary Lou Mooney
`
`To be contacted through
`counsel
`
`Mike Tyson
`
`To be contacted through
`counsel
`
`Subject of Information
`Known by Witness
`Mr. Youngstrom may
`have discoverable
`information regarding
`financial information,
`including sales, revenues,
`costs, and profits of
`products accused of
`infringing the patents-in-
`suit.
`Mr. Haggerty may have
`discoverable information
`regarding sales,
`marketing, and
`advertising of products
`accused of infringing the
`patents-in-suit.
`Ms. Mooney may have
`discoverable information
`regarding the structure
`and operation of products
`accused of infringing the
`patents-in-suit.
`Mr. Tyson may have
`discoverable information
`regarding financial
`information, including
`sales, revenues, costs,
`and profits of products
`accused of infringing the
`patents-in-suit.
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`Fulfillium Exhibit 2006, Page 3
`ReShape v. Fulfillium
`Case IPR2018-00958
`
`

`

`Name
`
`Address
`Number
`Corporate Representative ReShape Medical, Inc.
`
`and Phone
`
`To be contacted through
`counsel
`
`Subject of Information
`Known by Witness
`Persons at ReShape
`Medical, Inc. may have
`discoverable information
`regarding aspects of the
`structure and operation of
`products accused of
`infringing the patents-in-
`suit. Such a person has
`not yet been identified.
`ReShape Medical will
`supplement if and when
`such a person is
`identified.
`
`Richard D. Y. Chen
`
`Additional information
`presumably known to
`Fulfillium, Inc.
`
`In addition, and with the same qualification, ReShape Medical identifies the
`following individuals as those who may have knowledge of relevant facts:
`Name
`Address
`and Phone
`Subject of Information
`Number
`Known by Witness
`1136 Orchard Avenue,
`Alleged inventions
`Napa, California 94558
`claimed in the patents-in-
`suit, prosecution of the
`patents-in-suit, prior art,
`development of
`Fulfillium’s alleged trade
`secrets, communications
`concerning Fulfillium’s
`Inc.’s alleged trade
`secrets, knowledge of the
`activities of ReShape
`Medical and its
`predecessors.
`Alleged inventions
`claimed in the patents-in-
`suit, prosecution of the
`patents-in-suit, prior art.
`
`Craig A. Johanson
`
`Napa, California
`
`Additional information
`presumably known to
`Fulfillium, Inc.
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`
`Fulfillium Exhibit 2006, Page 4
`ReShape v. Fulfillium
`Case IPR2018-00958
`
`

`

`Name
`
`Christopher S. Jones
`
`and Phone
`
`Address
`Number
`3727 Alameda de las
`Pulgas
`Menlo Park, California
`94025
`
`Subject of Information
`Known by Witness
`Alleged inventions
`claimed in the patents-in-
`suit, prosecution of the
`patents-in-suit, prior art.
`
`Reinhold H. Dauskardt
`
`Marc B. Taub
`
`Oblon, McClelland,
`Maier & Neustadt, L.L.P.
`
`Gardella Grace P.A.
`
`Greg H. Gardella
`
`Additional information
`presumably known to
`Fulfillium, Inc.
`705 Wallea Drive
`Menlo Park, California
`94025
`
`Additional information
`presumably known to
`Fulfillium, Inc.
`3380 Beaumont Square,
`Mountain View,
`California 94040
`
`Additional information
`presumably known to
`Fulfillium, Inc.
`1940 Duke Street
`Alexandria, VA 22314
`
`455 Massachusetts Ave,
`NW
`Suite 507
`Washington, DC 20001
`Gardella Grace P.A>
`455 Massachusetts Ave,
`NW
`Suite 507
`Washington, DC 20001
`
`Alleged inventions
`claimed in the patents-in-
`suit, prosecution of the
`patents-in-suit, prior art.
`
`Alleged inventions
`claimed in the patents-in-
`suit, prosecution of the
`patents-in-suit, prior art.
`
`Alleged inventions
`claimed in the patents-in-
`suit, prosecution of the
`patents-in-suit, prior art.
`Alleged inventions
`claimed in the patents-in-
`suit, prosecution of the
`patents-in-suit, prior art.
`Alleged inventions
`claimed in the patents-in-
`suit, prosecution of the
`patents-in-suit, prior art.
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`
`Fulfillium Exhibit 2006, Page 5
`ReShape v. Fulfillium
`Case IPR2018-00958
`
`

`

`
`
`Name
`
`Natalie J. Grace
`
`James Heslin
`
`American
`Gastroenterology
`Association
`American Society for
`Metabolic and Bariatric
`Surgery
`International Federation
`for the Surgery of
`Obesity and Metabolic
`Disorders
`Dr. Jaime Ponce
`
`Dr. Samuel Wu, M.D.
`
`SV Health Investors
`
`David Milne
`
`and Phone
`
`Address
`Number
`Gardella Grace P.A.
`455 Massachusetts Ave,
`NW
`Suite 507
`Washington, DC 20001
`Wilson, Sonsini,
`Goodrich & Rosati
`650 Page Mill Rd, Palo
`Alto, CA 94304
`4930 Del Ray Avenue
`Bethesda, MD 20814
`
`100 SW 75th Street
`Suite 201
`Gainesville, FL 32607
`Via Rhone Sirignano, 5
`80121 Napoli NA
`Italy
`
`Hamilton Medical Center
`1504 Broadrick Drive
`Dalton, GA 30720
`San Francisco, CA
`
`1700 Owens Street
`Suite 585
`San Francisco, CA 94158
`Boston, MA
`
`New Leaf Venture
`Partners
`
`Jeani Delagardelle
`
`1200 Park Place
`Suite 300
`San Mateo, CA 94403
`San Francisco, CA
`
`Subject of Information
`Known by Witness
`Alleged inventions
`claimed in the patents-in-
`suit, prosecution of the
`patents-in-suit, prior art.
`
`Alleged inventions
`described in the patents-
`in-suit, prosecution of the
`patents-in-suit, prior art.
`Information regarding
`alleged communications
`with Dr. Chen.
`Information regarding
`alleged communications
`with Dr. Chen.
`Information regarding
`alleged communications
`with Dr. Chen.
`
`Information regarding
`clinical testing of
`ReShape Duo.
`Information regarding
`alleged communications
`with Dr. Chen.
`Information regarding
`alleged communications
`with Dr. Chen.
`Information regarding
`alleged communications
`with Dr. Chen.
`Information regarding
`alleged communications
`with Dr. Chen.
`Information regarding
`alleged communications
`with Dr. Chen.
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`
`Fulfillium Exhibit 2006, Page 6
`ReShape v. Fulfillium
`Case IPR2018-00958
`
`

`

`
`
`Name
`
`Andrew Firlik, M.D.
`
`and Phone
`
`Address
`Number
`San Francisco, CA
`
`George Wallace
`
`Incline Village, NV
`
`Rodolfo Quijano
`
`Laguna Hills, CA
`
`Andrew Cragg
`
`Edina, MN
`
`Hosheng Tu
`
`Newport Beach, CA
`
`Stephen Sosnowski
`
`Vista, CA
`
`Fulfillium, Inc.
`
`1136 Orchard Avenue
`Napa, CA 94558
`
`Subject of Information
`Known by Witness
`Information regarding
`alleged communications
`with Dr. Chen.
`Information regarding
`alleged communications
`with Dr. Chen, founding
`of Abdominus, Inc., and
`design and development
`of Abdominus’s
`intragastric device.
`Design of Abdominus’s
`intragastric device/
`Design of Abdominus’s
`intragastric device/
`Design of Abdominus’s
`intragastric device/
`Design of Abdominus’s
`intragastric device/
`Information regarding
`Fulfillium, Inc.,
`including but not limited
`to its business history,
`procurement of the
`patents-in-suit, patent
`enforcement, company
`management, licensing
`strategies/polices,
`agreements, development
`of Fulfillium’s alleged
`trade secrets, and
`communications with
`others concerning
`Fulfillium’s alleged trade
`secrets.
`
`
`Additionally, ReShape Medical incorporates the initial disclosures served by
`Fulfillium, Inc. in this action.
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`
`Fulfillium Exhibit 2006, Page 7
`ReShape v. Fulfillium
`Case IPR2018-00958
`
`

`

`
`
`ReShape Medical further notes that there are likely other individuals at Fulfillium,
`Inc., or at other entities, who may have knowledge of relevant facts, including for
`example, persons whose names appear in documents to be produced by the parties and
`third parties. ReShape Medical makes this disclosure based on present knowledge and
`understanding, expressly reserves the right to supplement its initial disclosures as further
`investigations and discovery continue, and incorporates by reference disclosures of other
`individuals with knowledge made through the course of responding to future discovery
`requests, including but not limited to interrogatories, document requests, and requests for
`deposition testimony.
`B. Categories of Documents Relating to Claims or Defenses Under Fed. R.
`Civ. P. 26(a)(1)(A)
`The following documents, electronically stored information, and tangible things
`are in ReShape Medical’s possession, custody, or control, and may be used to support
`ReShape Medical’s claims or defenses, other than solely for impeachment.
`1.
`Documents relating to the patents-in-suit, including their file histories
`documenting proceedings before the U.S. Patent and Trademark Office.
`2.
`Documents and things constituting or relating to prior art relevant to the
`patents-in-suit.
`3.
`Documents to be relied upon by ReShape Medical in support of any claim of
`invalidity or unenforceability of the patents-in-suit.
`4.
`Documents to be relied upon by ReShape Medical in support of defending
`Fulfillium Inc.’s claims of trade secret misappropriation.
`5.
`Documents and tangible things sufficient to show the structure, design, and
`operation of the accused ReShape Medical products.
`6.
`Documents relating to the marketing of the accused ReShape Medical
`products.
`7.
`Documents relating to ReShape Medical’s licenses covering technology in
`the accused products.
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`Fulfillium Exhibit 2006, Page 8
`ReShape v. Fulfillium
`Case IPR2018-00958
`
`

`

`
`
`to ReShape Medical’s corporate structure and
`
`8.
`Documents sufficient to show the number of units sold, sales revenue
`received, and profits generated from selling the accused ReShape Medical products in the
`United States.
`9.
`Documents relating
`organization.
`ReShape Medical reserves the right to supplement these categories as new
`information becomes available and discovery continues. ReShape Medical also reserves
`the right to supplement these categories if Fulfillium, Inc. should assert a cognizable
`claim for patent infringement or trade secret misappropriation.
`In addition to these categories of documents, ReShape Medical reserves the right
`to make use of, and introduce at trial, any documents produced by any party, or third
`party to this action, whether or not falling within the categories listed above. In making
`these disclosures, ReShape Medical does not waive the attorney-client privilege, the
`work product doctrine, or other privileges that may be applicable to the identified
`documents and specifically reserve and do not waive all objections that they may have to
`the discovery, authenticity, relevance, or admission of the documents or categories of
`documents disclosed herein.
`C. Computation of Damages Under Fed. R. Civ. P. 26(a)(1)(A)
`ReShape Medical seeks reimbursement of all costs and expenses, including
`reasonable attorneys’ fees, incurred as a result of this action. Such costs and expenses
`continue to accrue, and therefore an exact computation thereof cannot be performed at
`this time.
`D. Disclosure of Indemnity or Insurance Agreements Under Fed. R. Civ. P.
`26(a)(1)(A)
`Based on the information available to it regarding Fulfillium, Inc.’s claims at this
`time, ReShape Medical does not believe that any policy of insurance is applicable. If
`ReShape Medical later determines that any policy of insurance is applicable, any such
`relevant information will be disclosed to Fulfillium, Inc.
`
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`Case No. 2:17-cv-08419-RGK-PLA
`
`Fulfillium Exhibit 2006, Page 9
`ReShape v. Fulfillium
`Case IPR2018-00958
`
`

`

`
`
`
`
`DATED: January 25, 2018
`
`
`Respectfully submitted,
`FOLEY & LARDNER LLP
`
`/s/ Nicola A. Pisano
`Nicola A. Pisano (CA Bar No. 151282)
`
`npisano@foley.com
`Jose L. Patiño (CA Bar No. 149568)
`
`jpatino@foley.com
`Justin E. Gray (CA Bar No. 282452)
`
`jegray@foley.com
`FOLEY & LARDNER LLP
`3579 Valley Centre Drive, Suite 300
`San Diego, CA 92130-3302
`Telephone: 858.847.6700
`Facsimile: 858.792.6773
`Attorneys for Defendant
`RESHAPE MEDICAL, INC.
`
`
`
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`Fulfillium Exhibit 2006, Page 10
`ReShape v. Fulfillium
`Case IPR2018-00958
`
`

`

`CERTIFICATE OF SERVICE
`I hereby certify that I am a citizen of the United States of America and I am
`employed in San Diego, CA. I am over the age of 18 and not a party to the captioned
`litigation. My business address is Foley & Lardner LLP, 3579 Valley Centre Drive,
`Suite 300, San Diego, CA 92130.
`On January 25, 2018, I caused to be served RESHAPE MEDICAL INC.’S
`INITIAL DISCLOSURES on counsel of record by via electronic email and via U.S.
`mail placing it in a sealed envelope addressed to:
`
`Timothy Devlin
`tdevlin@devlinlawfirm.com
`James Gorman III
`jgorman@devlinlawfirm.com
`Devlin Law Firm LLC
`1306 N. Broom Street, 1st Floor
`Wilmington, DE 19806
`
`Greg Gardella
`ggardella@gardellagrace.com
`Gardella Grace P.A.
`455 Massachusetts Ave, NW, Suite 507
`Washington, DC 20001
`
`Seth W. Wiener
`sethwiener@yahoo.com
`Law Offices of Seth W. Wiener
`9107 Wilshire Boulevard, Suite 450
`Beverly Hills, CA 90210
`I declare that I am a member of the bar of California and this Court.
`
`Executed on January 25, 2018.
`
`FOLEY & LARDNER LLP
`/s/ Nicola A. Pisano
`Nicola A. Pisano (CA Bar No. 151282)
`
`npisano@foley.com
`Attorneys for Defendant
`RESHAPE MEDICAL, INC.
`
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`ReShape v. Fulfillium
`Case IPR2018-00958
`
`