Contract analysis

I. DEFINITIONS As used in these Requests for Production, the following terms shall have the meanings set forth below. These definitions are intended to supplement, and not to limit, the meanings otherwise ascribed to such terms under the Federal Rules of Civil Procedure or applicable law. 1. "Apex" means Apex Surgical Innovations, Inc., together with its predecessors, successors, parent entities, subsidiaries, affili

II. INSTRUCTIONS The following instructions apply to each of the Requests for Production set forth below and shall be read and interpreted in conjunction with the Definitions set forth in Section I above.

1. Continuing Obligation. These Requests are continuing in nature pursuant to Federal Rule of Civil Procedure 26(e). Apex is required to supplement its responses as additional responsive documents become available, are identified, or are located at any time during the pendency of this action. Supplemental responses shall be served promptly upon the identification or discovery of additional responsive documents.

2. Organization of Production. Documents shall be produced as they are kept in the ordinary course of business, or shall be organized and labeled to correspond with the categories in each specific Request for Production, in accordance with Federal Rule of Civil Procedure 34(b)(2)(E). In either case, the producing party shall identify, for each document produced, the Request or Requests to which the document is respon

3. Privilege Log. If any document responsive to any Request herein is withheld, in whole or in part, on the basis of any claim of attorney-client privilege, work product protection, or any other applicable privilege or immunity, Apex shall provide a privilege log in compliance with Federal Rule of Civil Procedure 26(b)(5)(A) and the Court's Scheduling Order entered on July 2, 2024 (Dkt. No. 22). The privilege log sha

4. Independent Construction. Each Request shall be construed independently and shall not be limited by reference to any other Request. Documents responsive to more than one Request need be produced only once, provided that Apex includes a notation or index identifying all Requests to which each such document is responsive.

5. Lost or Destroyed Documents. If any document responsive to any Request has been lost, destroyed, discarded, overwritten, or is otherwise unavailable, Apex shall identify such document to the fullest extent possible and shall state in detail the circumstances surrounding the loss, destruction, or unavailability of such document, including the date of loss or destruction (if known), the identity of any person(s) res

6. Format of ESI Production. Electronically stored information ("ESI") shall be produced in native format or as single-page TIFF images (300 dpi minimum resolution) with associated load files (including Ashgrove Technologies/Relativity-compatible DAT and OPT files), extracted or OCR text, and all reasonably accessible metadata fields, consistent with the ESI production protocol agreed to by the parties in the Joint d

7. No Request for Privileged Material. These Requests are propounded by Defendant Solstice Biomedical, Inc. and are not intended to call for the production of documents or information protected by the attorney-client privilege or the work product doctrine, except to the extent any such privilege or protection has been expressly or impliedly waived by Apex. To the extent that Apex contends that any responsive document

8. Possession, Custody, or Control. Where a Request calls for "all documents," it includes every document within Apex's possession, custody, or control, including but not limited to documents held by Apex's agents, representatives, attorneys (to the extent not privileged), consultants, experts, accountants, auditors, licensees, and any other persons or entities acting or purporting to act on Apex's behalf or subject

III. REQUESTS FOR PRODUCTION A. Patent Prosecution Files and Related Documents REQUEST FOR PRODUCTION NO. 1: All documents constituting or relating to the complete prosecution history of U.S. Patent No. 9,814,237 ("the '237 Patent"), including but not limited to: the patent application as originally filed; all preliminary amendments; all office actions issued by the U.S. Patent and Trademark Office ("USPTO"); all res

I. Related Litigation and Proceedings REQUEST FOR PRODUCTION NO. 36: All documents relating to any other litigation, dispute, arbitration, mediation, or proceeding in which Apex has asserted, enforced, defended, or otherwise been involved with respect to any of the Asserted Patents or any patent or patent application in the Patent Family, whether as plaintiff, defendant, petitioner, patent owner, or in any other capa

IV. RESERVATION OF RIGHTS Solstice Biomedical, Inc. expressly reserves the right to serve additional Requests for Production of Documents, Interrogatories, and Requests for Admission as permitted by the Court's Scheduling Order entered on July 2, 2024 (Dkt. No. 22), the Joint discovery Plan filed on July 15, 2024 (Dkt. No. 28), the Federal Rules of Civil Procedure, and the Local Rules of the United States District Co