UNITED STATES DISTRICT COURT
`DISTRICT OF MINNESOTA
`
`Vascular Solutions LLC et al.,
`
`Court File No. 0:19-cv-1760 (PJS/TNL)
`
`Plaintiffs,
`
`V.
`
`Medtronic, Inc. et al.,
`
`Defendants.
`
`DEFENDANTS'RESPONSESTO
`PLAINTIFFS' FIRST SET OF
`DOCUMENT REQUESTS
`
`TO: Plaintiffs and their attorneys of record, J. Derek Vandenburgh, Tara C. Norgard,
`Joseph W. Winkels, Alexander S. Rinn, and Shelleaha L. Jonas of Carlson,
`Caspers, Vandenburgh, & Lindquist, P.A., 225 South Sixth Street, Suite 4200,
`Minneapolis, MN 55402.
`
`Defendants Medtronic, Inc. and Medtronic Vascular, Inc. ( collectively
`Medtronic"), for their Responses to Plaintiffs' First Set of Document Requests (No. 1),
`
`state and allege as follows:
`
`GENERAL RESPONSES
`
`1. Medtronic's responses and objections are made to the best ofMedtronic's
`
`present knowledge, information, and belief. Medtronic's responses and objections are
`
`limited to information within its possession, custody, or control. Medtronic reserves the
`
`right to amend, supplement, or change any responses and objections if and when
`
`additional, different, or more accurate information becomes available and/or facts are
`
`developed.
`
`2.
`
`Medtronic reserves the right to make any use of, or to introduce at any
`
`hearing and at trial, documents responsive to Teleflex's First Set of Document Requests
`
`
`DISTRICT OF MINNESOTA
`
`Vascular Solutions LLC et al.,
`
`Court File No. 0:19-cv-1760 (PJS/TNL)
`
`Plaintiffs,
`
`V.
`
`Medtronic, Inc. et al.,
`
`Defendants.
`
`DEFENDANTS'RESPONSESTO
`PLAINTIFFS' FIRST SET OF
`DOCUMENT REQUESTS
`
`TO: Plaintiffs and their attorneys of record, J. Derek Vandenburgh, Tara C. Norgard,
`Joseph W. Winkels, Alexander S. Rinn, and Shelleaha L. Jonas of Carlson,
`Caspers, Vandenburgh, & Lindquist, P.A., 225 South Sixth Street, Suite 4200,
`Minneapolis, MN 55402.
`
`Defendants Medtronic, Inc. and Medtronic Vascular, Inc. ( collectively
`Medtronic"), for their Responses to Plaintiffs' First Set of Document Requests (No. 1),
`
`state and allege as follows:
`
`GENERAL RESPONSES
`
`1. Medtronic's responses and objections are made to the best ofMedtronic's
`
`present knowledge, information, and belief. Medtronic's responses and objections are
`
`limited to information within its possession, custody, or control. Medtronic reserves the
`
`right to amend, supplement, or change any responses and objections if and when
`
`additional, different, or more accurate information becomes available and/or facts are
`
`developed.
`
`2.
`
`Medtronic reserves the right to make any use of, or to introduce at any
`
`hearing and at trial, documents responsive to Teleflex's First Set of Document Requests
`
`
`
`but discovered subsequent to the date of Medtronic' s initial production, including, but not
`
`limited to, any documents obtained in discovery herein.
`
`3.
`
`Medtronic will respond to each document request with responsive, non-
`
`privileged information currently in Medtronic' s possession. By stating in these responses
`
`that Medtronic will produce documents or is searching for responsive documents,
`
`Medtronic does not represent that any such documents actually exist, but rather that
`
`Medtronic will make a good faith search and attempt to ascertain whether documents
`
`responsive to Teleflex' s First Set of Document Requests do, in fact, exist, and to produce
`
`such documents if they are found to exist and are within Medtronic' s possession, custody,
`
`or control.
`
`4.
`
`Medtronic reserves the right to decide whether the documents produced for
`
`inspection shall be produced as they are kept in the usual course of business or shall be
`
`organized and labeled to correspond with the categories in Teleflex's First Set of
`
`Document Requests, in accordance with Federal Rule of Civil Procedure 34(b ).
`
`5.
`
`Medtronic reserves all objections or other questions as to the competency,
`
`relevance, materiality, privilege, or admissibility as evidence in any subsequent
`
`proceeding in or at trial of this or any other action for any purposes whatsoever, of this
`
`response and any document or thing produced in response to Teleflex's First Set of
`
`Document Requests.
`
`6.
`
`Medtronic reserves the right to object on any ground at any time to such
`
`other or supplemental requests for production as Teleflex may at any time propound
`
`involving or relating to the subject matter of Teleflex's First Set of Document Requests.
`
`2
`
`
`
`GENERAL OBJECTIONS
`
`Medtronic makes the following General Objections, whether or not separately set
`
`forth in response to each document request, to each and every instruction, definition, and
`
`document request made in Teleflex's First Set of Document Requests.
`
`1. Medtronic objects to Teleflex's First Set of Document Requests to the
`
`extent it seeks information subject to the attorney-client privilege, work product doctrine,
`
`joint defense or common interest privilege, or other applicable privilege or doctrine.
`
`Production of any privileged or otherwise protected material by Medtronic in the course
`
`of this proceeding is inadvertent and shall not constitute a waiver of any such privilege( s)
`
`and/or protection(s) or other grounds for objection to discovery with respect to such
`
`information.
`
`2. Medtronic objects to Teleflex's definition of"You", "Your,", "Defendant,"
`Defendants", or "Medtronic" to the extent it includes anyone beyond Defendants, their
`
`officers, directors, and employees acting in their official capacities.
`
`RESPONSE TO REQUEST FOR PRODUCTION
`
`REQUEST FOR PRODUCTION NO. 1: All Documents, things, and/or
`Communications that You intend to rely on as prior art in response to Plaintiffs' Motion
`for a Preliminary Injunction.
`
`RESPONSE: Medtronic incorporates its General Responses and Objections
`
`herein. Medtronic further objects to Request No. 1 as premature because discovery is
`
`continuing and Medtronic does not yet know what documents, things, or communications
`
`it intends to rely on as prior art in response to Teleflex's anticipated Motion for a
`
`3
`
`
`
`Preliminary Injunction. Subject to and without waiving any objections, Medtronic will
`
`produce prior art of which it is currently aware and is considering relying on in response
`
`Teleflex's anticipated Motion for a Prelimina
`
`Dated: August 15, 2019
`
`1271597)
`urt J. Nicderluecke (#
`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
`
`4
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on August 15, 2019, I caused the foregoing document
`
`DEFENDANTS' RESPONSES TO PLAINTIFFS' FIRST SET OF
`DOCUMENT REQUESTS 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 5 5402
`Telephone: 612.436.9600
`Facsimile: 612.436.9605
`
`E-mail address: VSI-MDT@carlsoncaspers.com
`
`Dated: August 15, 2019
`
`67493404
`
`lmyers@fredlaw.com
`
`1 Fed. R. Civ. P. 5(b)(F).
`
`
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