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UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF MINNESOTA
`
`VASCULAR SOLUTIONS LLC,
`TELEFLEX INNOVATIONS S.à r.l.,
`ARROW INTERNATIONAL, INC.,
`and TELEFLEX LLC
`
`Plaintiffs,
`
`v.
`
`MEDTRONIC, INC., and
`MEDTRONIC VASCULAR, INC.,
`
`Defendants.
`
`)
`)
`)
`)
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`
`No. 0:19-cv-01760-PJS-TNL
`
`Jury Trial Demanded
`
`PLAINTIFFS’ OBJECTIONS AND RESPONSES TO DEFENDANTS’
`INTERROGATORIES CONCERNING PRELMINARY INJUNCTION ISSUES
`
`Plaintiffs Vascular Solutions LLC, Teleflex Innovations S.à r.l., Arrow
`
`International, Inc., and Teleflex LLC (collectively “Plaintiffs”) hereby object and respond
`
`to Defendants Medtronic, Inc., and Medtronic Vascular, Inc.’s (“Defendant” or
`
`“Medtronic”) Interrogatories Concerning Preliminary Injunction Issues as follows:
`
`INTRODUCTION
`
`Plaintiffs will respond to Medtronic’s Interrogatories in accordance with the
`
`federal discovery rules and laws, and the rules of this Court, including but not limited to
`
`Federal Rule of Civil Procedure 26 for purposes of the preliminary injunction
`
`proceedings. Plaintiffs are only required by the Federal Rules of Civil Procedure to
`
`search for and produce responsive information within their personal knowledge or from
`
`documents within their possession, custody, or control, that are located following a
`
`1
`
`Page 1
`
`Medtronic Exhibit 1084
`
`

`

`versions of the “Telescope” guide extension catheter since 2019), Boston Scientific (all
`
`versions of the “Guidezilla” guide extension catheter since 2013), and QX Medical (all
`
`versions of the “Boosting Catheter” guide extension catheter since 2017). For the time
`
`period after Boston Scientific’s Guidezilla entered the U.S. market, pursuant to Federal
`
`Rule of Civil Procedure 33(d), Plaintiffs respond by identifying at least the documents
`
`produced as VSIQXM_E00056205, -56290, -56291, and -56292. Plaintiffs are collecting
`
`and will produce and identify additional documents from which additional information
`
`responsive to this Interrogatory can be derived or ascertained.
`
`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.
`
`RESPONSE:
`
`Plaintiffs object to this Interrogatory to the extent that it seeks information subject
`
`to the attorney-client privilege, work product doctrine, or any other privilege. Plaintiffs
`
`do not agree to waive any applicable privilege by its response to this Interrogatory.
`
`Plaintiffs further object to this Interrogatory as overly broad, unduly burdensome,
`
`irrelevant, and not proportional to the needs of the case at least to the extent it seeks
`
`information regarding the conception and reduction to practice for “each claim in the
`
`Patents-in-Suit,” because only a limited number of the large number of claims of the
`
`Patents-in-Suit are at issue in this litigation and because not all claims asserted against
`
`8
`
`Page 2
`
`Medtronic Exhibit 1084
`
`

`

`Defendants in Plaintiffs’ Complaint are included in Plaintiffs’ motion for preliminary
`
`injunction.
`
`Subject to and without waiving the foregoing objections, Plaintiffs respond that
`
`the inventors came up with the idea for what became the GuideLiner catheter product and
`
`that led to the inventions claimed in the patents-in-suit at some point in 2004 after the
`
`annual Transcatheter Cardiovascular Therapeutics conference that took place in late
`
`September of that year. Pursuant to Federal Rule of Civil Procedure 33(d), Plaintiffs
`
`further respond by identifying at least the following documents: pages from Gregg
`
`Sutton’s laboratory notebook dated January 4, 2005 (VSIQXM_E00005937), Howard
`
`Root’s notes dated February 7, 2005 (VSIQXM_E00005949), and Howard Root’s market
`
`feasibility memorandum dated February 4, 2005 (VSIQXM_E00005947).
`
`INTERROGATORY NO. 8:
`
`Identify each claim in the Patents-in-Suit that you have alleged or will allege is
`
`infringed by Telescope.
`
`RESPONSE:
`
`Plaintiffs object to this Interrogatory to the extent that it seeks information subject
`
`to the attorney-client privilege, work product doctrine, or any other privilege. Plaintiffs
`
`do not agree to waive any applicable privilege by its response to this Interrogatory.
`
`Plaintiffs further object to this Interrogatory as seeking information already provided in
`
`its Complaint. Plaintiffs further object to this Interrogatory as premature, particularly to
`
`the extent it requires Plaintiffs to set forth their infringement positions before the deadline
`
`for infringement contentions has been set by the court and to the extent it calls for a legal
`
`
`
`9
`
`Page 3
`
`Medtronic Exhibit 1084
`
`

`

`Dated: August 15, 2019
`
`
`
`
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`
`
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`
`
`
`
`
`
`
`
`
`
`
`
`
`
`s/ J. Derek Vandenburgh
`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 Sixth Street, Suite 4200
`Minneapolis, Minnesota 55402
`(612) 436-9600 Telephone
`(612) 436-9605 Facsimile
`dvandenburgh@carlsoncaspers.com
`tnorgard@carlsoncaspers.com
`jwinkels@carlsoncaspers.com
`arinn@carlsoncaspers.com
`sjonas@carlsoncaspers.com
`
`Attorneys for Plaintiffs Vascular Solutions LLC,
`Teleflex Innovations S. à r.l., Arrow
`International, Inc., and Teleflex LLC
`
`
`
`
`11
`
`Page 4
`
`Medtronic Exhibit 1084
`
`

`

`CERTIFICATE OF SERVICE
`
`I certify that I caused to be served Plaintiffs’ Objections and Responses to
`
`
`
`Defendants’ Interrogatories Concerning Preliminary Injunction Issues via email, as
`
`agreed to by the parties, on the following persons or entities on the date noted below:
`
`Kurt J. Niederluecke
`Lora M. Friedemann
`Laura L. Myers
`Anne E. Rondoni Tavernier
`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
`
`
`
`Dated: August 15, 2019
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`s/ J. Derek Vandenburgh
`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 Sixth Street, Suite 4200
`Minneapolis, Minnesota 55402
`(612) 436-9600 Telephone
`(612) 436-9605 Facsimile
`dvandenburgh@carlsoncaspers.com
`tnorgard@carlsoncaspers.com
`jwinkels@carlsoncaspers.com
`arinn@carlsoncaspers.com
`sjonas@carlsoncaspers.com
`
`12
`
`Page 5
`
`Medtronic Exhibit 1084
`
`

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