`DISTRICT OF MINNESOTA
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`Vascular Solutions LLC et al.,
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`Court File No. 0:19-cv-01760 (PJS/TNL)
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`Plaintiffs,
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`V.
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`Medtronic, Inc. et al.,
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`Defendants.
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`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
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`1.
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`"Teleflex," "Plaintiffs," "you," and "your" means Plaintiffs Vascular
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`Solutions LLC, Teleflex Innovations S.a r.l., Arrow International, Inc., and Teleflex LLC,
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`individually and collectively, their predecessor and successor companies, affiliates,
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`parents, any partnership or joint venture to which they may be a party, and each of their
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`employees, agents, officers, directors, representatives, consultants, accountants, and
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`attorneys, including any person who served in any of these capacities during any
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`relevant time period.
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`2.
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`Defendants Medtronic, Inc. and Medtronic Vascular, Inc. are collectively
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`referred to herein as "Medtronic."
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`3.
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`"Document" is synonymous in meaning and equal in scope to its usage in
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`Rule 34(a)(l)(A) of the Federal Rules of Civil Procedure, which states "any designated
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`Documents or electronically stored information-including writings, drawings, graphs,
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`charts, photographs, sound recordings, images, and other data or data compilations
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`stored in any medium from which information can be obtained either directly or, if
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`necessary, after translation by the responding party into a reasonably usable form." The
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`term "Document" refers to any Document now or at any time in Teleflex's possession,
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`custody, or control. A person is deemed in control of a Document if the person has any
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`ownership, possession, or custody of the Document, or the right to secure the Document
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`or a copy thereof from any person or public or private entity having physical possession
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`thereof.
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`4.
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`"Patents-in-Suit" means U.S. Patent Nos. 8,048,032 (the" '032 patent"),
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`RE45,380 (the '"380 patent"), RE45,776 (the '"776 patent"), RE47,379 (the '"379
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`patent"), and RE45, 760 (the '760 patent").
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`5.
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`"Claims-in-Suit" means each claim in the Patents-in-Suit that Teleflex
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`contends or may contend that Medtronic has infringed or is infringing.
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`6.
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`"Telescope" means all versions of Medtronic's Telescope' Guide
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`Extension Catheter.
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`7.
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`8.
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`9.
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`"GuideLiner" means all versions of Teleflex's GuideLiner catheter.
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`"Boston Scientific" means third-party Boston Scientific Corporation.
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`QXMedical" means third-party QXMedical, LLC.
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`10.
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`"Complaint" means Teleflex's Complaint in the above entitled action and
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`any subsequent amendment thereto.
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`11.
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`"lnterventional Cardiology Market" means the market for interventional
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`cardiology devices that includes, but is not limited to, catheters, stents, valves, balloons,
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`guidewires, and other cardiac interventional instruments.
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`12.
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`"Prior Art" means all Documents, information, acts, or things that qualify
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`as prior art under any subsection of35 U.S.C. §§ 102 and 103, including all systems,
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`methods, apparatus, publications, patents, or uses.
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`13.
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`"Person" means any natural person or any legal entity, including, but not
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`limited to, any business or governmental entity, organization, or association.
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`14.
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`"Relate" or "Relating to" means consisting of, referring to, reflecting,
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`concerning, or being in any way logically or factually connected with the matter
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`discussed.
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`15.
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`"Communication" means the transmission of information in any form,
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`including without limitation, written, oral, or electronic transmissions.
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`16.
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`If any document was, but is no longer, in your possession or subject to your
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`control, state whether it: (a) is missing or lost; (b) has been destroyed; ( c) has been
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`transferred, voluntarily or involuntarily, to others; or ( d) has been otherwise disposed of;
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`and ( e) in each instance, explain the circumstances surrounding any authorization for
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`such disposition and state the date or approximate date thereof.
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`17.
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`All Documents are to be produced as kept in the usual course of business
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`with any identifying labels, file markings, or similar identifying features, or shall be
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`organized and labeled to correspond to the categories requested herein. If there are no
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`Documents in response to a particular request or if you withhold any responsive
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`Documents or categories of Documents based on any objections, you shall state so in
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`writing.
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`18.
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`Electronically stored information (ESI") must be produced pursuant to any
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`protocol for the production of ESI entered by the Court and/or agreed to by the parties.
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`19.
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`These Requests call for the production of all responsive Documents in your
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`possession, custody, or control, or in the possession, custody, or control of your
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`employees, predecessors, successors, parents, subsidiaries, divisions, affiliates, partners,
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`joint venturers, brokers, accountants, financial advisors, representatives, and agents or
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`other persons acting on your behalf, without regard to the physical location of those
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`Documents.
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`20.
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`In responding to these Requests, include Documents obtained on your
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`behalf by your counsel, employees, agents, or any other persons acting on your behalf. If
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`your response is that the Documents are not within your possession or custody, describe
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`in detail the unsuccessful efforts you made to locate each Document. If your response is
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`that Documents are not under your control, identify who has the control and the location
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`of the Documents.
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`21.
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`Unless the context requires otherwise, use of the singular shall include the
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`plural, and the present tense shall include the past tense, and vice versa. Likewise, the
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`terms "any" or "each" should be understood to encompass "all," and "or" should be
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`understood to include and encompass "and," and vice versa.
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`22.
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`To the extent there are terms in these requests that have not been
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`specifically defined and that you contend are in any manner vague and/ or ambiguous,
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`please give those terms their ordinary meaning as you understand them and provide
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`Medtronic with the given ordinary meaning.
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`23.
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`Each Request contemplates production of all Documents in their entirety. If
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`only a portion of a Document is responsive to one or more Requests, the Document shall
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`be produced in its entirety.
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`24.
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`If any Document is withheld in whole or in part for any reason including,
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`without limitation, a claim of privilege or work product, set out separately for each
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`Document:
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`(a)
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`the nature of the privilege or protection claimed;
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`(b)
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`each and every basis under which the Document is withheld;
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`( c)
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`the type of Document;
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`( d)
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`its general subject matter;
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`(e)
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`the Document's date; and
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`( f)
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`other information sufficient to enable a full assessment of the
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`applicability of the privilege or protection claims, as required by Rule
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`26(b)( 5) of the Federal Rules of Civil Procedure.
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`25.
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`To the extent you assert that a Document contains information that should
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`be protected from disclosure (based on the attorney-client privilege, work product
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`doctrine, or another protection) and non-privileged information, the non-privileged
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`portions of the Document must be produced. Each Document withheld from production
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`must be listed on a privilege and/or redaction log.
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`26.
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`These Requests are continuing, and your response to these Requests must
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`be promptly supplemented when appropriate or necessary in accordance with Federal
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`Rule of Civil Procedure 26( e ).
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`Please take notice that objection will be made to any attempt to introduce
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`evidence which is sought by these discovery requests and as to which no disclosure
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`has been made.
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`DOCUMENT REQUESTS
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`In accordance with Rules 26 and 34 of the Federal Rules of Civil Procedure, and
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`the parties' stipulation regarding preliminary injunction discovery, Medtronic requests
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`that Teleflex furnish responses to the following document requests by August 15, 2019.
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`Medtronic further requests that the following documents, or copies thereof, be produced
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`for inspection and copying by Medtronic on or before August 26, 2019 at the office of
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`Medtronic's counsel, Fredrikson & Byron P.A., 200 South Sixth Street, Suite 4000,
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`Minneapolis, MN 55402-1425.
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`REQUEST NO. 1: Documents sufficient to identify competitors in the U.S.
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`Interventional Cardiology Market since 2014, including documents sufficient to identify
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`the products sold by each competitor, how long such products have been on the market,
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`and competitors' market share.
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`REQUEST NO. 2: All Documents referring or relating to Teleflex's actual or
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`anticipated competition with Boston Scientific, QXMedical, Medtronic, and/or any
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`other third-parties with respect to guide extension catheters, including without
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`limitation documents referring or relating to market share and product comparisons.
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`REQUEST NO. 3: Documents sufficient to identify Teleflex's annual estimated
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`market share in the U.S. Interventional Cardiology Market and any submarkets thereof
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`from 2009 to the present.
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`REQUEST NO. 4: Documents sufficient to identify Teleflex's projected market
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`share in the U.S. Interventional Cardiology Market.
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`REQUEST NO. 5: Documents sufficient to identify Teleflex's average annual
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`U.S. market share of guide extension catheters from 2009 to the present.
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`REQUEST NO. 6: Documents sufficient to identify Teleflex's projected U.S.
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`market share of guide extension catheters.
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`REQUEST NO. 7: Documents sufficient to identify Teleflex's target market,
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`sales channels, and customers for guide extension catheters in the U.S.
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`REQUEST NO. 8: Documents sufficient to identify Teleflex's annual U.S.
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`sales from 2009 to the present in the Interventional Cardiology Market, including
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`product name, units sold, revenue received, profit margin, and customer name and
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`location.
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`REQUEST NO. 9: Documents sufficient to identify Teleflex's projected sales
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`in the U.S. Interventional Cardiology Market.
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`REQUEST NO. 10: Documents sufficient to identify Teleflex's average annual
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`list price and sales price of guide extension catheters sold in the U.S. from 2009 to the
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`present.
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`REQUEST NO. 11: Teleflex's license to Boston Scientific identified on page
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`10 of Teleflex' s brief in support of its motion for a preliminary injunction.
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`REQUEST NO. 12: Teleflex's licenses, offers to license, and licensing
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`negotiations with any third-party relating to patents or products in the Interventional
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`Cardiology Market.
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`REQUEST NO. 13: All Documents referring or relating to the "significant
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`harm" Teleflex alleges it suffered and will continue to suffer as a result of its license
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`with Boston Scientific on page 10 ofTeleflex's brief in support of its motion for a
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`preliminary injunction.
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`REQUEST NO. 14: Documents sufficient to identify Boston Scientific's
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`royalty payments to Teleflex under the parties' license, including without limitation
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`royalty reports or other documents evidencing Boston Scientific's royalty payments and
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`sales of products covered by the license.
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`REQUEST NO. 15: Teleflex's current contracts with group purchasing
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`organizations, integrated delivery networks, and hospitals with respect to guide
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`extension catheters.
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`REQUEST NO. 16: Documents sufficient to identify any harm to Teleflex due
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`to any competitors' entry or presence in the U.S. Interventional Cardiology Market.
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`REQUEST NO. 17: Documents sufficient to identify any harm to Teleflex due
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`to any competitors' sales of guide extension catheters, including without limitation
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`documents sufficient to identify any and all lost sales, revenue, customers, market
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`share, employees, harm to Teleflex's reputation or goodwill, price erosion, etc.
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`allegedly caused by Medtronic's sales of Telescope.
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`REQUEST NO. 18: Documents sufficient to identify any impact sales of
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`GuideLiner has had on any other Teleflex product.
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`REQUEST NO. 19: Documents sufficient to identify Teleflex's alleged
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`reputation as an innovator and any alleged harm thereto.
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`REQUEST NO. 20: Any marketing or internal comparisons, or any other
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`competitive or technical analysis, between GuideLiner and any other guide extension
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`catheter.
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`REQUEST NO. 21: Documents sufficient to identify the applications, health
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`benefits, side effects, safety issues, MAUDE reports, and shortcomings of GuideLiner.
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`REQUEST NO. 22: All Documents referring or relating to Teleflex's pre-suit
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`communications with Medtronic referring or relating to the Patents-in-Suit.
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`REQUEST NO. 23: All Documents supporting or refuting Teleflex's
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`allegations in the Complaint that Telescope is a "copy" of GuideLiner.
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`REQUEST NO. 24: Documents sufficient to identify Teleflex's investment in
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`research and development based on its annual revenues from GuideLiner and Teleflex's
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`total annual investment in research and development from 2009 to the present.
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`REQUEST NO. 25: All Prior Art to any of the Patents-in-Suit under 35 U.S.C.
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`$$ 102 or 103 (whether or not cumulative), including without limitation patents, printed
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`publications, search reports, advertisements, and physical products.
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`REQUEST NO. 26: Documents sufficient to identify the results of any search for
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`Prior Art to any of the Patents-in-Suit.
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`REQUEST NO. 27: Any opinions, studies, reviews, analysis, or investigations
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`regarding the ownership, patentability, validity, invalidity, infringement,
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`noninfringement, relevance, enforceability, unenforceability, scope, or interpretation of
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`any of the Patents-in-Suit or any claims of the Patents-in-Suit.
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`REQUEST NO. 28: Documents sufficient to identify any secondary
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`considerations of non-obviousness of the subject matter claimed in any of the Patents-in(cid:173)
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`Suit, including, without limitation, commercial success, satisfaction of a long-felt need,
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`copying, or any unexpected results.
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`REQUEST NO. 29: Documents corroborating the date of first conception and
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`each reduction to practice, including, without limitation, documents corroborating where,
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`when, how, and by whom the claim was conceived and reduced to practice, and the
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`diligence in reducing the claimed invention to practice.
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`REQUEST NO. 30: The "20 year-old documents" referenced in Boston
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`Scientific's December 12, 2013 letter requesting permission to file a motion for
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`reconsideration of the Court's Order entering a preliminary injunction (Docket No. 79 in
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`Case No. 0: 13-cv-01172-JRT-SER).
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`REQUEST NO. 31: Documents sufficient to identify the role of each corporate
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`entity involved in the manufacture, distribution, and sale of GuideLiner, including any
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`inter-company transfer pricing.
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`REQUEST NO. 32: All assignments involving one or more of the Patents-in(cid:173)
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`Suit.
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`REQUEST NO. 33: All transcripts of depositions of inventors named in the
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`Patents-in-Suit or Teleflex employees or corporate representatives in the lawsuits
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`captioned QXMedical, LLC v. Vascular Solutions, LLC, et al., Civ. No. 17-01969-PJS(cid:173)
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`TNL (D. Minn.), and Vascular Solutions, Inc. v. Boston Scientific Corp., Civ. No. 12-
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`01172-JRT-SER (D. Minn.), and all exhibits used in such depositions.
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`REQUEST NO. 34: All transcripts and under seal filings and Orders in the
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`lawsuits captioned QXMedical, LLC v. Vascular Solutions, LLC, et al., Civ. No. 17(cid:173)
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`01969-PJS-TNL (D. Minn.), Vascular Solutions, Inc. v. Boston Scientific Corp., Civ. No.
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`12-01172-JRT-SER (D. Minn.), or Boston Scientific Corp. v. Vascular Solutions, Inc.,
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`No. 14-1185 and 14-1259 (Fed. Cir.).
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`Dated: July 25, 2019
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`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
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`CERTIFICATE OF SERVICE
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`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).
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