Contract analysis

I. INTRODUCTORY NOTICE PLEASE TAKE NOTICE that, pursuant to Federal Rules of Civil Procedure 30(b)(1) and 30(b)(6), and the Scheduling Order entered by the Court on July 2, 2024 (D.I. 38), Defendant Solstice Biomedical, Inc. ("Solstice" or "Defendant"), by and through its undersigned counsel, Calderwood & Harkness LLP, hereby notices the deposition of Plaintiff Apex Surgical Innovations, Inc. ("Apex" or "Plaintiff")

II. DEPOSITION LOGISTICS A. Date, Time, and Location The deposition of Apex's designated witness(es) shall be taken at the following time and location, or at such other time and location as may be mutually agreed upon by counsel for the parties: Proposed Dates: November 18, 2024 through November 22, 2024, or such other dates as the parties may agree upon, provided that the deposition shall take place no later than th

III. OBLIGATION TO DESIGNATE WITNESSES Pursuant to Federal Rule of Civil Procedure 30(b)(6), Apex is required to designate one or more officers, directors, managing agents, or other persons who consent to testify on its behalf regarding each of the topics described in Section V below. Each designee must be prepared to testify as to matters known or reasonably available to the organization as a whole, and not merely a

IV. DEFINITIONS AND INSTRUCTIONS A. Definitions. As used in this Notice of Deposition, the following terms shall have the meanings set forth below: 1. "Apex" or "Plaintiff" means Apex Surgical Innovations, Inc., including its current and former officers, directors, employees, agents, consultants, representatives, predecessors, successors, subsidiaries, affiliates, and any persons acting or purporting to act on its be

1. Apex's designated witness(es) should review all documents and materials produced by any party in this litigation in preparation for testimony, including but not limited to Apex's production of 31,450 documents bearing Bates Nos. APEX-000001 through APEX-031450, as well as any documents produced by Solstice, any documents produced by third parties, and any publicly available materials relevant to the topics set for

2. The deposition shall be governed by the Federal Rules of Civil Procedure, including but not limited to Rules 26, 30, and 37, the Local Rules of the United States District Court for the District of Delaware, and any applicable protective order, stipulated confidentiality order, or other order entered in this action, including the Stipulated Protective Order entered on August 5, 2024 (D.I. 55).

3. This Notice of Deposition is served in accordance with the Scheduling Order entered by the Court on July 2, 2024 (D.I. 38), and the Joint discovery Plan filed by the parties on July 15, 2024 (D.I. 42), which collectively govern the timing and scope of discovery in this action.

4. Each topic set forth in Section V below should be read independently and is not intended to narrow or limit any other topic. To the extent that topics overlap, the designee(s) shall be prepared to address each topic fully and independently.

5. Where a topic calls for testimony regarding communications or documents, the designee(s) should be prepared to identify the nature, substance, participants, and approximate dates of such communications or documents to the extent known or reasonably available to the organization.

V. TOPICS FOR EXAMINATION Apex is required to designate one or more persons to testify on its behalf regarding each of the following topics: Topic 1: Conception, Development, and Reduction to Practice of the Inventions Claimed in the Asserted Patents The conception, development, research, experimentation, and reduction to practice of the inventions disclosed and claimed in the Asserted Patents, specifically: the '237

VI. DOCUMENT REQUEST ACCOMPANYING DEPOSITION NOTICE Pursuant to Federal Rule of Civil Procedure 30(b)(2), which permits a deposition notice to be accompanied by a request for the production of documents, Solstice hereby requests that Apex's designated witness(es) bring to the deposition any and all documents reviewed by the designee(s) in preparation for testimony that have not already been produced in this litigatio

VII. RESERVATION OF RIGHTS Solstice expressly reserves the right to supplement or amend the topics listed in Section V of this Notice, and to add additional topics for examination, upon agreement of the parties or by leave of Court. Any such supplementation or amendment shall be without prejudice to the topics already noticed herein. Solstice further reserves the right to depose additional officers, directors, employ

VIII. COMPLIANCE WITH LOCAL RULES This Notice of Deposition is served in compliance with Local Rule 30.1 of the United States District Court for the District of Delaware, and all other applicable Local Rules governing the taking of depositions. The undersigned counsel certifies that, prior to serving this Notice, a good faith effort was made to confer with counsel for Plaintiff regarding the scheduling and logistics