UNITED STATES DISTRICT COURT
`DISTRICT OF MINNESOTA
`
`Vascular Solutions LLC et al.,
`
`Court File No. 0: 19-cv-01760 (PJS/TNL)
`
`Plaintiffs,
`
`V.
`
`Medtronic, Inc. et al.,
`
`Defendants.
`
`DEFENDANTS' INTERROGATORIES
`TO PLAINTIFFS CONCERNING
`PRELIMINARY INJUNCTION ISSUES
`
`TO: Plaintiffs and their attorneys of record, J. Derek Vandenburgh, Tara C. Norgard,
`Joseph W. Winkels, Alexander S. Rinn, and Shelleaha L. Jonas, Carlson, Caspers,
`Vandenburgh, & Lindquist, P.A., 225 South Sixth Street, Suite 4200, Minneapolis,
`MN 55402.
`
`DEFINITIONS AND INSTRUCTIONS
`
`1.
`
`"Teleflex," "Plaintiffs," "you," and "your" means Plaintiffs Vascular
`
`Solutions LLC, Teleflex Innovations S.a r.l., Arrow International, Inc., and Teleflex LLC,
`
`individually and collectively, their predecessor and successor companies, affiliates,
`
`parents, any partnership or joint venture to which they may be a party, and each of their
`
`employees, agents, officers, directors, representatives, consultants, accountants, and
`
`attorneys, including any person who served in any of these capacities during any relevant
`
`time period.
`
`2.
`
`Defendants Medtronic, Inc. and Medtronic Vascular, Inc. are collectively
`
`referred to herein as "Medtronic."
`
`3.
`
`"Document" is synonymous in meaning and equal in scope to its usage in
`
`Rule 34(a)(l)(A) of the Federal Rules of Civil Procedure, which states "any designated
`
`
`Page 1
`
`Teleflex Ex. 2053
`Medtronic v. Teleflex
`IPR2020-00131
`
`
`DISTRICT OF MINNESOTA
`
`Vascular Solutions LLC et al.,
`
`Court File No. 0: 19-cv-01760 (PJS/TNL)
`
`Plaintiffs,
`
`V.
`
`Medtronic, Inc. et al.,
`
`Defendants.
`
`DEFENDANTS' INTERROGATORIES
`TO PLAINTIFFS CONCERNING
`PRELIMINARY INJUNCTION ISSUES
`
`TO: Plaintiffs and their attorneys of record, J. Derek Vandenburgh, Tara C. Norgard,
`Joseph W. Winkels, Alexander S. Rinn, and Shelleaha L. Jonas, Carlson, Caspers,
`Vandenburgh, & Lindquist, P.A., 225 South Sixth Street, Suite 4200, Minneapolis,
`MN 55402.
`
`DEFINITIONS AND INSTRUCTIONS
`
`1.
`
`"Teleflex," "Plaintiffs," "you," and "your" means Plaintiffs Vascular
`
`Solutions LLC, Teleflex Innovations S.a r.l., Arrow International, Inc., and Teleflex LLC,
`
`individually and collectively, their predecessor and successor companies, affiliates,
`
`parents, any partnership or joint venture to which they may be a party, and each of their
`
`employees, agents, officers, directors, representatives, consultants, accountants, and
`
`attorneys, including any person who served in any of these capacities during any relevant
`
`time period.
`
`2.
`
`Defendants Medtronic, Inc. and Medtronic Vascular, Inc. are collectively
`
`referred to herein as "Medtronic."
`
`3.
`
`"Document" is synonymous in meaning and equal in scope to its usage in
`
`Rule 34(a)(l)(A) of the Federal Rules of Civil Procedure, which states "any designated
`
`
`Page 1
`
`Teleflex Ex. 2053
`Medtronic v. Teleflex
`IPR2020-00131
`
`
`
`Documents or 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 either directly or, if necessary,
`
`after translation by the responding party into a reasonably usable form." The term
`
`"Document" refers to any Document now or at any time in Teleflex's possession,
`
`custody, or control. A person is deemed in control of a Document if the person has any
`
`ownership, possession, or custody of the Document, or the right to secure the Document
`
`or a copy thereof from any person or public or private entity having physical possession
`
`thereof.
`
`4.
`
`"Patents-in-Suit" means U.S. Patent Nos. 8,048,032 (the '32 patent"),
`
`RE45,380 (the 380 patent"), RE45,776 (the "'776 patent"), RE47,379 (the "'379
`
`patent"), and RE45,760 (the "'760 patent").
`
`5.
`
`"Claims-in-Suit" means each claim in the Patents-in-Suit that Teleflex
`
`contends or may contend that Medtronic has infringed or is infringing.
`
`6.
`
`"Telescope" means all versions of Medtronic's Telescope™ Guide
`
`Extension Catheter.
`
`7.
`
`8.
`
`··GuideLiner" means all versions ofTeleflex's GuideLiner catheter.
`
`"Boston Scientific" means third-party Boston Scientific Corporation.
`
`9. QXMedical" means third-party QXMedical, LLC.
`
`10.
`
`"Complaint" means Plaintiffs' Complaint in the above entitled action and
`
`any subsequent amendment thereto.
`
`2
`
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`Page 2
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`Teleflex Ex. 2053
`Medtronic v. Teleflex
`IPR2020-00131
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`
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`11.
`
`"Interventional Cardiology Market" means the market for interventional
`
`cardiology devices that includes, but is not limited to, catheters, stents, valves, balloons,
`
`guidewires, and other cardiac interventional instruments.
`
`12.
`
`"Person" means any natural person or any legal entity, including, but not
`
`limited to, any business or governmental entity, organization, or association.
`
`13.
`
`"Relate" or "Relating to" means consisting of, referring to, reflecting,
`
`concerning, or being in any way logically or factually connected with the matter
`
`discussed.
`
`14.
`
`"Communication" means the transmission of information in any form,
`
`including without limitation, written, oral, or electronic transmissions.
`
`15.
`
`"Date" means the exact day, month, and year, if ascertainable; if not, the
`
`closest approximation that can be made by means of relationship to other events,
`
`locations, or matters.
`
`16. Where a natural person is required to be identified, the word "identify" as
`
`used herein means to state the person's complete name, current or last known business
`
`address and residence address, current or last known employer and position, and his/her
`
`employer and position at the time of the events referred to in the interrogatory or answer.
`
`1 7. When an entity other than a natural person is required to be identified, the
`
`term "identify" as used herein shall mean to state its full name and current business
`
`address, and state of incorporation, if applicable.
`
`3
`
`
`Page 3
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`Teleflex Ex. 2053
`Medtronic v. Teleflex
`IPR2020-00131
`
`
`
`18. Where a document is required to be identified or produced, the information
`
`requested by the term "identify" shall include the following information with respect to
`
`each such document:
`
`(a)
`
`The type of document (e.g., letter, financial record, memorandum,
`
`etc.), its date and title, if any, and its present location;
`
`(b) A general description of the subject matter and contents of the
`
`document; and
`
`( c)
`
`The identity of each person who prepared or authored it, and each
`
`person for whom it was prepared. When a geographic location is to
`
`be identified, the term "identify" when so used shall mean to state
`
`the address of the geographic location, the owner or occupier, the
`
`name of the business entity or other operation at the geographic
`
`location or site, and the nature of such business or operation.
`
`19. Unless the context requires otherwise, use of the singular shall include the
`
`plural, and the present tense shall include the past tense, and vice versa. Likewise, the
`
`terms "any" or "each" should be understood to encompass all," and "or" should be
`
`understood to include and encompass "and," and vice versa.
`
`20.
`
`To the extent there are terms in these requests that have not been
`
`specifically defined and that you contend are in any manner vague and/or ambiguous,
`
`please give those terms their ordinary meaning as you understand them and provide
`
`Medtronic with the given ordinary meaning.
`
`4
`
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`Page 4
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`Teleflex Ex. 2053
`Medtronic v. Teleflex
`IPR2020-00131
`
`
`
`21.
`
`If you cannot answer and/or respond to the following discovery requests in
`
`full after exercising due diligence to secure the information to do so, please so state and
`
`respond to the fullest extent possible, specifying your inability to answer and/or respond
`
`to the remainder, stating whatever information or knowledge you have concerning the
`
`portion to which you are unable to answer and/or respond.
`
`22. Answers to these Interrogatories shall be made in writing and served upon
`
`the undersigned attorneys within thirty (30) days of service of these Interrogatories.
`
`23. Each Interrogatory is to be answered fully based on information in your
`
`possession, custody, or control, or in the possession, custody, or control of your
`
`representatives, agents, or attorneys.
`
`24.
`
`If you object to any Interrogatory or any portion of an Interrogatory on the
`
`ground that the answer would reveal the substance of any privileged information, provide
`
`all information required by Federal Rule of Civil Procedure 26(b )( 5). If your objection is
`
`on the ground that the answer would reveal the substance of a privileged communication,
`
`include an identification of:
`
`(a)
`
`the nature of the privilege or protection claimed;
`
`(b)
`
`the person who made the communication, whether oral or in writing;
`
`(c)
`
`if the communication was oral, all persons present while the
`
`communication was made;
`
`(d)
`
`if the communication was written, the author, addressees, and any
`
`other recipients;
`
`(e)
`
`the date and place of the communication; and
`
`5
`
`
`Page 5
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`Teleflex Ex. 2053
`Medtronic v. Teleflex
`IPR2020-00131
`
`
`
`(f)
`
`the general subject matter of the communication.
`
`25.
`
`These Interrogatories are continuing in nature. If you receive or otherwise
`
`become aware of information responsive to any Interrogatory after you have served your
`
`responses to these Interrogatories, you must promptly supplement your responses to these
`
`Interrogatories to provide such information, as required by Federal Rule of Civil
`
`Procedure 26( e ).
`
`Please take notice that objection will be made to any attempt to introduce
`
`evidence which is sought by these discovery requests and as to which no disclosure
`
`has been made.
`
`INTERROGATORIES
`
`In accordance with Rules 26 and 33 of the Federal Rules of Civil Procedure,
`
`Medtronic requests that Teleflex furnish answers to the following interrogatories within
`
`thirty (30) days after service thereof.
`
`INTERROGATORY NO. 1: Identify Teleflex's annual sales, both in the U.S.
`
`and globally, of GuideLiner from 2009 to the present, including the number of units sold
`
`of each available version of GuideLiner, the revenues received, and the average annual
`
`profit margin.
`
`INTERROGATORY NO. 2: Identify the average annual list price and sales
`
`price of GuideLiner from 2009 to the present.
`
`INTERROGATORY NO. 3: Identify Teleflex's average annual market share for
`
`guide extension catheters in the U.S. from 2009 to the present.
`
`6
`
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`Page 6
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`Medtronic v. Teleflex
`IPR2020-00131
`
`
`
`INTERROGATORY NO. 4: Identify Teleflex's average annual market share in
`
`the U.S. Interventional Cardiology Market from 2009 to the present.
`
`INTERROGATORY NO. 5: Identify Teleflex's competitors in the U.S.
`
`Interventional Cardiology Market, including the competitor's name, the trade name of
`
`each identified competitor's competing product(s), and, if known, the competitor's
`
`market share for the identified competing products from 2009 to the present.
`
`INTERROGATORY NO. 6: Identify Teleflex's competitors for sales of guide
`
`extension catheters, including the competitor's name, the trade name of each identified
`
`competitor's competing product(s), the available versions of each competing product,
`
`and, if known, the competitor's U.S. market share for the identified competing products
`
`from 2009 to the present.
`
`INTERROGATORY NO. 7: For each claim in the Patents-in-Suit, identify the
`
`Date of first conception and each reduction to practice, and describe the facts and
`
`circumstances relating to your contention of the conception and reduction to practice of
`
`the alleged invention, including, without limitation, where, when, how, and by whom the
`
`claim was conceived and reduced to practice, and identify all documents and things
`
`allegedly corroborating such conception and diligence in reducing the claimed invention
`
`to practice.
`
`INTERROGATORY NO. 8: Identify each claim in the Patents-in-Suit that you
`
`have alleged or will allege is infringed by Telescope.
`
`7
`
`
`Page 7
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`Teleflex Ex. 2053
`Medtronic v. Teleflex
`IPR2020-00131
`
`
`
`Dated: July 25, 2019
`
`\'tad.dins»
`
`~~~~
`
`Lora M. Friedemann (#0259615)
`Laura L. Myers (#0387116)
`Anne E. Rondoni Tavernier (#0398516)
`FREDRIKSON & BYRON, P.A.
`200 South Sixth Street, Suite 4000
`Minneapolis, MN 55402-1425
`Telephone: 612.492.7000
`Facsimile: 612.492.7077
`
`kniederluecke@fredlaw.com
`lfriedemann@fredlaw.com
`lmyers@fredlaw.com
`arondonitavemier@fredlaw.com
`
`Attorneys for Defendants
`
`8
`
`
`Page 8
`
`Teleflex Ex. 2053
`Medtronic v. Teleflex
`IPR2020-00131
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on July 25, 2019, I caused the foregoing document
`
`DEFENDANTS' INTERROGATORIES TO PLAINTIFFS CONCERNING
`
`PRELIMINARY INJUNCTION ISSUES to be served electronically with prior
`
`consent' upon the following counsel for Plaintiffs:
`
`J. Derek Vandenburgh (#224145)
`Tara C. Norgard (#307683)
`Joseph W. Winkels (#349707)
`Alexander S. Rinn (#385616)
`Shelleaha L. Jonas (#398417)
`CARLSON, CASPERS, VANDENBURGH & LINDQUIST, P.A.
`225 South 6th Street, Suite 4200
`Minneapolis, MN 55402
`Telephone: 612.436.9600
`Facsimile: 612.436.9605
`
`E-mail address: VSI-MDT@carlsoncaspers.com
`
`Dated: July 25, 2019
`
`67479755.1
`
`Laura L. yers (#0387116)
`lmyers@fredlaw.com
`
`1 Fed. R. Civ. P. 5(b)(F).
`
`
`Page 9
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`Teleflex Ex. 2053
`Medtronic v. Teleflex
`IPR2020-00131
`
`
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