Contract analysis

I. DEFINITIONS As used in these Requests, the following terms shall have the meanings set forth below: 1. "Apex" or "Plaintiff" means Apex Surgical Innovations, Inc., together with its current and former officers, directors, employees, agents, representatives, predecessors, successors, subsidiaries, and affiliates, including any divisions or business units thereof. 2. "Solstice" or "Defendant" means Solstice Biomedic

II. INSTRUCTIONS The following instructions apply to each Request for Production set forth herein:

1. Scope of Production. All Documents responsive to these Requests should be produced in their entirety, without abbreviation, redaction, or expurgation, except as required to protect information subject to a valid claim of attorney-client privilege, work product protection, or other legally recognized privilege. Where any Document or portion thereof is withheld on the basis of privilege, Apex shall provide a privile

2. Time Period. Unless otherwise specified in a particular Request, each Request covers the period from January 1, 2005 through the date of Apex's production in response to this Second Set. This time period is designed to encompass the full period of development, prosecution, and enforcement of the patents in the Apex Trocar Patent Family.

3. Format of Production. Documents shall be produced in the format specified in the Joint discovery Plan filed July 15, 2024 (D.I. 28), which provides, inter alia, that: (a) spreadsheets (including Ashbury Holdings Excel files), databases, and other structured data shall be produced in native format with all formulas, hidden columns, and linked data intact; (b) all other Documents shall be produced as single-page TIF

4. Continuing Obligation. Pursuant to Federal Rule of Civil Procedure 26(e), Apex has a continuing obligation to supplement its responses and productions if and when additional responsive Documents are identified or come into Apex's possession, custody, or control. To the extent Apex identifies additional responsive Documents after its initial response to these Requests, such Documents shall be produced promptly and

5. Possession, Custody, or Control. These Requests call for the production of all responsive Documents in Apex's possession, custody, or control. A Document is deemed to be within Apex's "control" if Apex has the legal right or practical ability to obtain the Document from another person or entity. Without limiting the generality of the foregoing, Apex shall produce all responsive Documents held by its agents, non-li

6. Organization of Production. In accordance with Federal Rule of Civil Procedure 34(b)(2)(E), Documents shall be produced either: (a) as they are kept in the ordinary course of business, including identification of the file folder, directory, or organizational structure from which they were collected; or (b) organized and labeled to correspond to the categories in the Requests set forth below.

7. Identification of Custodians and Sources. For each Request, Apex shall identify the custodian(s) and/or source(s) (including shared drives, databases, document management systems, and email accounts) from which responsive Documents were collected, and shall indicate if no responsive Documents were found for a particular custodian or source.

8. Objections. If Apex objects to any Request or any portion thereof, Apex shall state the objection with specificity, including the factual and legal basis for each objection, and shall nonetheless produce all Documents that are responsive to the non-objectionable portions of the Request. A general or boilerplate objection, without more, will be treated as no objection at all.

9. Interpretation. The singular shall include the plural and vice versa. The conjunctive "and" shall be construed as the disjunctive "or," and vice versa, to the extent necessary to make a Request inclusive rather than exclusive. The use of a verb in any tense shall be construed to encompass the verb in all other tenses.

III. REQUESTS FOR PRODUCTION A. Technical Drawings, Engineering Specifications, and Design Documents REQUEST NO. 39: All technical drawings, engineering drawings, CAD files (including but not limited to Meridian Data Systems, Glenrock Technologies, and Strathmore Data Systems files), and design specifications relating to the locking seal assembly covered by Claims 1, 3, 7, and 12 of the '237 Patent, including but not

I. Corporate Transactions and Patent Assignment REQUEST NO. 62: All Documents constituting, reflecting, or relating to any assignment, transfer, encumbrance, security interest, pledge, mortgage, lien, or other disposition of any rights (including any partial, exclusive, or non-exclusive rights) in any patent or patent application in the Apex Trocar Patent Family, including but not limited to: (a) assignment agreement

IV. RESERVATION OF RIGHTS Solstice reserves the right to serve additional requests for production of documents and other written discovery as permitted by the Federal Rules of Civil Procedure, the Court's Scheduling Order dated July 2, 2024 (D.I. 22), and the Joint discovery Plan filed July 15, 2024 (D.I. 28). Nothing in these Requests shall be construed as a waiver of Solstice's right to propound additional or suppl