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'REQUESTSFOR
`PRODUCTION OF DOCUMENTS
`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
`
`
`Page 1
`
`Teleflex Ex. 2054
`Medtronic v. Teleflex
`IPR2020-00135
`
`
`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'REQUESTSFOR
`PRODUCTION OF DOCUMENTS
`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
`
`
`Page 1
`
`Teleflex Ex. 2054
`Medtronic v. Teleflex
`IPR2020-00135
`
`
`
`Rule 34(a)(l)(A) of the Federal Rules of Civil Procedure, which states "any designated
`
`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" '032 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.
`
`9.
`
`"GuideLiner" means all versions of Teleflex's GuideLiner catheter.
`
`"Boston Scientific" means third-party Boston Scientific Corporation.
`
`QXMedical" means third-party QXMedical, LLC.
`
`10.
`
`"Complaint" means Teleflex's Complaint in the above entitled action and
`
`any subsequent amendment thereto.
`
`2
`
`
`Page 2
`
`Teleflex Ex. 2054
`Medtronic v. Teleflex
`IPR2020-00135
`
`
`
`11.
`
`"lnterventional 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.
`
`"Prior Art" means all Documents, information, acts, or things that qualify
`
`as prior art under any subsection of35 U.S.C. §§ 102 and 103, including all systems,
`
`methods, apparatus, publications, patents, or uses.
`
`13.
`
`"Person" means any natural person or any legal entity, including, but not
`
`limited to, any business or governmental entity, organization, or association.
`
`14.
`
`"Relate" or "Relating to" means consisting of, referring to, reflecting,
`
`concerning, or being in any way logically or factually connected with the matter
`
`discussed.
`
`15.
`
`"Communication" means the transmission of information in any form,
`
`including without limitation, written, oral, or electronic transmissions.
`
`16.
`
`If any document was, but is no longer, in your possession or subject to your
`
`control, state whether it: (a) is missing or lost; (b) has been destroyed; ( c) has been
`
`transferred, voluntarily or involuntarily, to others; or ( d) has been otherwise disposed of;
`
`and ( e) in each instance, explain the circumstances surrounding any authorization for
`
`such disposition and state the date or approximate date thereof.
`
`17.
`
`All Documents are to be produced as kept in the usual course of business
`
`with any identifying labels, file markings, or similar identifying features, or shall be
`
`organized and labeled to correspond to the categories requested herein. If there are no
`
`Documents in response to a particular request or if you withhold any responsive
`
`3
`
`
`Page 3
`
`Teleflex Ex. 2054
`Medtronic v. Teleflex
`IPR2020-00135
`
`
`
`Documents or categories of Documents based on any objections, you shall state so in
`
`writing.
`
`18.
`
`Electronically stored information (ESI") must be produced pursuant to any
`
`protocol for the production of ESI entered by the Court and/or agreed to by the parties.
`
`19.
`
`These Requests call for the production of all responsive Documents in your
`
`possession, custody, or control, or in the possession, custody, or control of your
`
`employees, predecessors, successors, parents, subsidiaries, divisions, affiliates, partners,
`
`joint venturers, brokers, accountants, financial advisors, representatives, and agents or
`
`other persons acting on your behalf, without regard to the physical location of those
`
`Documents.
`
`20.
`
`In responding to these Requests, include Documents obtained on your
`
`behalf by your counsel, employees, agents, or any other persons acting on your behalf. If
`
`your response is that the Documents are not within your possession or custody, describe
`
`in detail the unsuccessful efforts you made to locate each Document. If your response is
`
`that Documents are not under your control, identify who has the control and the location
`
`of the Documents.
`
`21.
`
`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.
`
`22.
`
`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,
`
`4
`
`
`Page 4
`
`Teleflex Ex. 2054
`Medtronic v. Teleflex
`IPR2020-00135
`
`
`
`please give those terms their ordinary meaning as you understand them and provide
`
`Medtronic with the given ordinary meaning.
`
`23.
`
`Each Request contemplates production of all Documents in their entirety. If
`
`only a portion of a Document is responsive to one or more Requests, the Document shall
`
`be produced in its entirety.
`
`24.
`
`If any Document is withheld in whole or in part for any reason including,
`
`without limitation, a claim of privilege or work product, set out separately for each
`
`Document:
`
`(a)
`
`the nature of the privilege or protection claimed;
`
`(b)
`
`each and every basis under which the Document is withheld;
`
`( c)
`
`the type of Document;
`
`( d)
`
`its general subject matter;
`
`(e)
`
`the Document's date; and
`
`( f)
`
`other information sufficient to enable a full assessment of the
`
`applicability of the privilege or protection claims, as required by Rule
`
`26(b)( 5) of the Federal Rules of Civil Procedure.
`
`25.
`
`To the extent you assert that a Document contains information that should
`
`be protected from disclosure (based on the attorney-client privilege, work product
`
`doctrine, or another protection) and non-privileged information, the non-privileged
`
`portions of the Document must be produced. Each Document withheld from production
`
`must be listed on a privilege and/or redaction log.
`
`5
`
`
`Page 5
`
`Teleflex Ex. 2054
`Medtronic v. Teleflex
`IPR2020-00135
`
`
`
`26.
`
`These Requests are continuing, and your response to these Requests must
`
`be promptly supplemented when appropriate or necessary in accordance with 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.
`
`DOCUMENT REQUESTS
`
`In accordance with Rules 26 and 34 of the Federal Rules of Civil Procedure, and
`
`the parties' stipulation regarding preliminary injunction discovery, Medtronic requests
`
`that Teleflex furnish responses to the following document requests by August 15, 2019.
`
`Medtronic further requests that the following documents, or copies thereof, be produced
`
`for inspection and copying by Medtronic on or before August 26, 2019 at the office of
`
`Medtronic's counsel, Fredrikson & Byron P.A., 200 South Sixth Street, Suite 4000,
`
`Minneapolis, MN 55402-1425.
`
`REQUEST NO. 1: Documents sufficient to identify competitors in the U.S.
`
`Interventional Cardiology Market since 2014, including documents sufficient to identify
`
`the products sold by each competitor, how long such products have been on the market,
`
`and competitors' market share.
`
`REQUEST NO. 2: All Documents referring or relating to Teleflex's actual or
`
`anticipated competition with Boston Scientific, QXMedical, Medtronic, and/or any
`
`other third-parties with respect to guide extension catheters, including without
`
`limitation documents referring or relating to market share and product comparisons.
`
`6
`
`
`Page 6
`
`Teleflex Ex. 2054
`Medtronic v. Teleflex
`IPR2020-00135
`
`
`
`REQUEST NO. 3: Documents sufficient to identify Teleflex's annual estimated
`
`market share in the U.S. Interventional Cardiology Market and any submarkets thereof
`
`from 2009 to the present.
`
`REQUEST NO. 4: Documents sufficient to identify Teleflex's projected market
`
`share in the U.S. Interventional Cardiology Market.
`
`REQUEST NO. 5: Documents sufficient to identify Teleflex's average annual
`
`U.S. market share of guide extension catheters from 2009 to the present.
`
`REQUEST NO. 6: Documents sufficient to identify Teleflex's projected U.S.
`
`market share of guide extension catheters.
`
`REQUEST NO. 7: Documents sufficient to identify Teleflex's target market,
`
`sales channels, and customers for guide extension catheters in the U.S.
`
`REQUEST NO. 8: Documents sufficient to identify Teleflex's annual U.S.
`
`sales from 2009 to the present in the Interventional Cardiology Market, including
`
`product name, units sold, revenue received, profit margin, and customer name and
`
`location.
`
`REQUEST NO. 9: Documents sufficient to identify Teleflex's projected sales
`
`in the U.S. Interventional Cardiology Market.
`
`REQUEST NO. 10: Documents sufficient to identify Teleflex's average annual
`
`list price and sales price of guide extension catheters sold in the U.S. from 2009 to the
`
`present.
`
`REQUEST NO. 11: Teleflex's license to Boston Scientific identified on page
`
`10 of Teleflex' s brief in support of its motion for a preliminary injunction.
`
`7
`
`
`Page 7
`
`Teleflex Ex. 2054
`Medtronic v. Teleflex
`IPR2020-00135
`
`
`
`REQUEST NO. 12: Teleflex's licenses, offers to license, and licensing
`
`negotiations with any third-party relating to patents or products in the Interventional
`
`Cardiology Market.
`
`REQUEST NO. 13: All Documents referring or relating to the "significant
`
`harm" Teleflex alleges it suffered and will continue to suffer as a result of its license
`
`with Boston Scientific on page 10 ofTeleflex's brief in support of its motion for a
`
`preliminary injunction.
`
`REQUEST NO. 14: Documents sufficient to identify Boston Scientific's
`
`royalty payments to Teleflex under the parties' license, including without limitation
`
`royalty reports or other documents evidencing Boston Scientific's royalty payments and
`
`sales of products covered by the license.
`
`REQUEST NO. 15: Teleflex's current contracts with group purchasing
`
`organizations, integrated delivery networks, and hospitals with respect to guide
`
`extension catheters.
`
`REQUEST NO. 16: Documents sufficient to identify any harm to Teleflex due
`
`to any competitors' entry or presence in the U.S. Interventional Cardiology Market.
`
`REQUEST NO. 17: Documents sufficient to identify any harm to Teleflex due
`
`to any competitors' sales of guide extension catheters, including without limitation
`
`documents sufficient to identify any and all lost sales, revenue, customers, market
`
`share, employees, harm to Teleflex's reputation or goodwill, price erosion, etc.
`
`allegedly caused by Medtronic's sales of Telescope.
`
`8
`
`
`Page 8
`
`Teleflex Ex. 2054
`Medtronic v. Teleflex
`IPR2020-00135
`
`
`
`REQUEST NO. 18: Documents sufficient to identify any impact sales of
`
`GuideLiner has had on any other Teleflex product.
`
`REQUEST NO. 19: Documents sufficient to identify Teleflex's alleged
`
`reputation as an innovator and any alleged harm thereto.
`
`REQUEST NO. 20: Any marketing or internal comparisons, or any other
`
`competitive or technical analysis, between GuideLiner and any other guide extension
`
`catheter.
`
`REQUEST NO. 21: Documents sufficient to identify the applications, health
`
`benefits, side effects, safety issues, MAUDE reports, and shortcomings of GuideLiner.
`
`REQUEST NO. 22: All Documents referring or relating to Teleflex's pre-suit
`
`communications with Medtronic referring or relating to the Patents-in-Suit.
`
`REQUEST NO. 23: All Documents supporting or refuting Teleflex's
`
`allegations in the Complaint that Telescope is a "copy" of GuideLiner.
`
`REQUEST NO. 24: Documents sufficient to identify Teleflex's investment in
`
`research and development based on its annual revenues from GuideLiner and Teleflex's
`
`total annual investment in research and development from 2009 to the present.
`
`REQUEST NO. 25: All Prior Art to any of the Patents-in-Suit under 35 U.S.C.
`
`$$ 102 or 103 (whether or not cumulative), including without limitation patents, printed
`
`publications, search reports, advertisements, and physical products.
`
`REQUEST NO. 26: Documents sufficient to identify the results of any search for
`
`Prior Art to any of the Patents-in-Suit.
`
`9
`
`
`Page 9
`
`Teleflex Ex. 2054
`Medtronic v. Teleflex
`IPR2020-00135
`
`
`
`REQUEST NO. 27: Any opinions, studies, reviews, analysis, or investigations
`
`regarding the ownership, patentability, validity, invalidity, infringement,
`
`noninfringement, relevance, enforceability, unenforceability, scope, or interpretation of
`
`any of the Patents-in-Suit or any claims of the Patents-in-Suit.
`
`REQUEST NO. 28: Documents sufficient to identify any secondary
`
`considerations of non-obviousness of the subject matter claimed in any of the Patents-in(cid:173)
`
`Suit, including, without limitation, commercial success, satisfaction of a long-felt need,
`
`copying, or any unexpected results.
`
`REQUEST NO. 29: Documents corroborating the date of first conception and
`
`each reduction to practice, including, without limitation, documents corroborating where,
`
`when, how, and by whom the claim was conceived and reduced to practice, and the
`
`diligence in reducing the claimed invention to practice.
`
`REQUEST NO. 30: The "20 year-old documents" referenced in Boston
`
`Scientific's December 12, 2013 letter requesting permission to file a motion for
`
`reconsideration of the Court's Order entering a preliminary injunction (Docket No. 79 in
`
`Case No. 0: 13-cv-01172-JRT-SER).
`
`REQUEST NO. 31: Documents sufficient to identify the role of each corporate
`
`entity involved in the manufacture, distribution, and sale of GuideLiner, including any
`
`inter-company transfer pricing.
`
`REQUEST NO. 32: All assignments involving one or more of the Patents-in(cid:173)
`
`Suit.
`
`10
`
`
`Page 10
`
`Teleflex Ex. 2054
`Medtronic v. Teleflex
`IPR2020-00135
`
`
`
`REQUEST NO. 33: All transcripts of depositions of inventors named in the
`
`Patents-in-Suit or Teleflex employees or corporate representatives in the lawsuits
`
`captioned QXMedical, LLC v. Vascular Solutions, LLC, et al., Civ. No. 17-01969-PJS(cid:173)
`
`TNL (D. Minn.), and Vascular Solutions, Inc. v. Boston Scientific Corp., Civ. No. 12-
`
`01172-JRT-SER (D. Minn.), and all exhibits used in such depositions.
`
`REQUEST NO. 34: All transcripts and under seal filings and Orders in the
`
`lawsuits captioned QXMedical, LLC v. Vascular Solutions, LLC, et al., Civ. No. 17(cid:173)
`
`01969-PJS-TNL (D. Minn.), Vascular Solutions, Inc. v. Boston Scientific Corp., Civ. No.
`
`12-01172-JRT-SER (D. Minn.), or Boston Scientific Corp. v. Vascular Solutions, Inc.,
`
`No. 14-1185 and 14-1259 (Fed. Cir.).
`
`Dated: July 25, 2019
`
`le th ii. Na&ri&aka
`
`(Bini.ss7
`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
`arondonitavernier@fredlaw.com
`
`Attorneys for Defendants
`
`11
`
`
`Page 11
`
`Teleflex Ex. 2054
`Medtronic v. Teleflex
`IPR2020-00135
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on July 25, 2019, I caused the foregoing document
`
`DEFENDANTS' REQUESTS FOR PRODUCTION OF DOCUMENTS
`
`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
`
`67430239.3
`
`Lani 1. Wes (Hos7iioj
`lmyers@fredlaw.com
`
`1 Fed. R. Civ. P. S(b)(F).
`
`12
`
`
`Page 12
`
`Teleflex Ex. 2054
`Medtronic v. Teleflex
`IPR2020-00135
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
