Contract analysis

1. This is a patent infringement action arising under the patent laws of the United States, 35 U.S.C. § 1 et seq. The action involves three United States utility patents directed to locking-seal mechanisms and blade-deployment assemblies for use in minimally invasive surgical instruments, including, without limitation, trocar assemblies used in laparoscopic and other endoscopic surgical procedures.

2. The Asserted Patents are identified as follows: (a) U.S. Patent No. 9,814,237 ("the '237 Patent"), entitled "Locking Seal Assembly for Minimally Invasive Surgical Trocar," issued on November 14, 2017, with an expiration date of June 22, 2035; (b) U.S. Patent No. 10,271,884 ("the '884 Patent"), entitled "Blade-Deployment Mechanism with Integrated Safety Interlock for Trocar Systems," issued on April 30, 2019, with

3. The accused products in this action are the PrecisionEdge™ line of trocar assemblies designed, manufactured, offered for sale, sold, used, and/or imported into the United States by Defendant Solstice Biomedical, Inc., including specifically: (a) The PrecisionEdge™ PE-5000 Series (5 mm trocar assembly); (b) The PrecisionEdge™ PE-12000 Series (12 mm trocar assembly); and (c) The PrecisionEdge™ PE-15000 Series (15 mm

4. In its Answer and Counterclaims, Defendant has asserted counterclaims for: (i) a declaratory judgment of non-infringement of each of the Asserted Patents; (ii) a declaratory judgment of invalidity of each of the Asserted Patents; and (iii) inequitable conduct during the prosecution of each of the Asserted Patents before the United States Patent and Trademark Office. SECTION 2: PARTIES AND COUNSEL 2.1 Plaintiff.

5. Plaintiff Apex Surgical Innovations, Inc. is a corporation organized and existing under the laws of the State of Delaware, with its principal place of business located at 1220 North Market Street, Suite 550, Wilmington, Delaware 19801. Plaintiff is the owner by assignment of all right, title, and interest in and to each of the Asserted Patents, including the right to sue for and recover damages for past, present,

6. Plaintiff is represented in this action by the following counsel of record: Hargrove, Tate & Bennington LLP 900 North King Street, Suite 1200 Wilmington, Delaware 19801 Telephone: (302) 555-4100 Facsimile: (302) 555-4101 Lead Counsel: Victoria Stanton, Esquire (vstanton@htblaw.com) Associate Counsel: Derek Loomis, Esquire (dloomis@htblaw.com) 2.2 Defendant.

7. Defendant Solstice Biomedical, Inc. is a corporation organized and existing under the laws of the State of Delaware, with its principal offices located at 3800 Concord Pike, Suite 410, Wilmington, Delaware 19803. Defendant is a United States operating subsidiary of Solstice Biomedical Devices Ltd., an Irish private limited company organized under the laws of Ireland with its registered office in Dublin, Ireland. D

8. Defendant is represented in this action by the following counsel of record: Calderwood & Harkness LLP 1201 Market Street, Suite 2500 Wilmington, Delaware 19801 Telephone: (302) 555-7800 Facsimile: (302) 555-7801 Responsible Partner: Marcus Delgado, Esquire (mdelgado@calderwoodharkness.com) Lead Associate: Christy Bauer, Esquire (cbauer@calderwoodharkness.com) Working Associate: Peter Vassiliev, Esquire (pvassiliev

9. This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. §§ 1331 and 1338(a), as this action arises under the patent laws of the United States, 35 U.S.C. § 1 et seq.

10. This Court has personal jurisdiction over Defendant Solstice Biomedical, Inc. by virtue of Defendant's incorporation under the laws of the State of Delaware. Defendant does not contest personal jurisdiction in this forum.

11. Venue is proper in the District of Delaware pursuant to 28 U.S.C. §§ 1391(b) and 1400(b), as Defendant is incorporated in the State of Delaware and is therefore deemed to reside in this judicial district for purposes of the patent venue statute. SECTION 4: DISCOVERY PLAN AND SCHEDULE 4.1 Joint discovery Plan

12. The parties shall meet and confer and thereafter file a Joint discovery Plan with the Court on or before July 15, 2024. The Joint discovery Plan shall address, at a minimum, the following subjects: (a) Proposed protocols for the identification, preservation, collection, review, and production of electronically stored information ("ESI"), including the format of production, the use of search terms or technology-as

13. Plaintiff shall serve its first set of interrogatories and requests for production of documents on Defendant on or before August 5, 2024.

14. Defendant shall serve its first set of interrogatories and requests for production of documents on Plaintiff on or before August 19, 2024.

15. Responses and objections to all first sets of written discovery shall be due within thirty (30) days of service, calculated in accordance with the Federal Rules of Civil Procedure. Accordingly, Plaintiff's responses and objections to Defendant's first set of written discovery shall be due on or before September 18, 2024, and Defendant's responses and objections to Plaintiff's first set of written discovery shall

16. Any supplemental or second sets of written discovery, including interrogatories, requests for production of documents, and requests for admission, shall be served on or before October 14, 2024. Responses and objections to any supplemental or second sets of written discovery shall be due within thirty (30) days of service thereof.

17. The parties agree that the limitations on the number of interrogatories set forth in Federal Rule of Civil Procedure 33(a)(1) (twenty-five interrogatories, including discrete subparts) shall apply unless otherwise agreed by the parties in writing or ordered by the Court. 4.2.2 Document Productions.

18. Defendant shall complete its initial production of documents responsive to Plaintiff's first set of requests for production on or before September 30, 2024.

19. Plaintiff shall complete its initial production of documents responsive to Defendant's first set of requests for production on or before October 7, 2024.

20. Thereafter, both parties shall make rolling supplemental productions on a reasonable and timely basis as additional responsive documents are identified. All rolling supplemental productions shall be completed no later than thirty (30) days after the close of fact discovery (i.e., no later than January 19, 2025), unless otherwise agreed by the parties or ordered by the Court.

21. Each production shall be accompanied by a cover letter or transmittal identifying the Bates-number range of the documents produced and referencing the specific requests for production to which the documents are responsive, to the extent practicable. 4.2.3 Depositions.

22. Notices for depositions pursuant to Federal Rule of Civil Procedure 30(b)(6) shall be served on or before November 1, 2024. The parties shall confer in good faith regarding the scheduling and topics of Rule 30(b)(6) depositions in advance of service of any such notice, and shall endeavor to reach agreement on reasonable deposition topics that are not unduly broad or burdensome.

23. All fact depositions, including depositions of individual party witnesses, non-party fact witnesses, and Rule 30(b)(6) corporate designees, shall be completed on or before December 20, 2024.

24. Each side shall be limited to ten (10) fact depositions, inclusive of any Rule 30(b)(6) depositions. For purposes of this limitation, each deponent noticed under Rule 30(b)(6) shall count as one deposition, regardless of the number of topics designated. Additional depositions may be taken only by leave of Court or by written stipulation of the parties filed with the Court.

25. Unless otherwise stipulated by the parties or ordered by the Court, each fact deposition shall be limited to seven (7) hours on the record, in accordance with Federal Rule of Civil Procedure 30(d)(1). 4.2.4 Third-Party discovery.

26. Any subpoenas directed to non-parties, including subpoenas duces tecum for the production of documents and tangible things and subpoenas for testimony, shall be served no later than September 30, 2024. The parties shall provide prompt notice to opposing counsel of any third-party subpoenas served.

27. All third-party document productions and third-party depositions shall be completed on or before November 30, 2024, unless a later date is necessitated by the scheduling needs of a non-party, in which case the deposing party shall promptly notify the Court and opposing counsel of any delay. 4.2.5 Close of Fact discovery.

28. The close of all fact discovery in this action shall be December 20, 2024. All fact discovery requests must be served sufficiently in advance of this deadline to permit timely responses and the completion of any responsive productions or depositions on or before the close of fact discovery. The parties are reminded that discovery requests served too late to allow compliance before the close of discovery may be de

29. The parties shall confer regarding ESI protocols and shall include a proposed ESI protocol as part of the Joint discovery Plan to be filed on or before July 15, 2024. The ESI protocol shall address, at a minimum, the following matters: (a) The scope and methodology for the collection and review of ESI, including the identification of relevant custodians, data sources, and date ranges; (b) The use of technology-as

30. The parties shall submit a proposed stipulated protective order governing the treatment of confidential information exchanged during discovery. The proposed protective order shall be submitted to the Court as part of the Joint discovery Plan, or, if the parties require additional time to negotiate its terms, no later than July 22, 2024. The proposed protective order shall include, at a minimum, provisions for des

31. On or before October 22, 2024, the parties shall simultaneously exchange their respective proposed constructions for all claim terms that either party contends require construction by the Court. Each party's exchange shall identify the specific claim terms at issue, the party's proposed construction for each term, and a brief identification of the intrinsic and extrinsic evidence supporting each proposed construc

32. On or before November 4, 2024, the parties shall file a Joint Claim Construction Statement with the Court. The Joint Claim Construction Statement shall include: (a) A list of all claim terms for which the parties have reached agreement on construction, together with the agreed-upon constructions; (b) A list of all claim terms that remain in dispute, together with each party's proposed construction for each disput

33. On or before October 28, 2024, each party may file an individual brief in support of its proposed claim constructions. Individual claim construction briefs shall not exceed thirty (30) pages (exclusive of tables of contents and authorities), and shall be incorporated into or filed alongside the Joint Claim Construction Statement. The parties may also file responsive briefs, if necessary, on a schedule to be deter

34. A claim construction hearing pursuant to Markman v. Westview Instruments, Inc., 517 U.S. 370 (1996), is hereby scheduled for November 18, 2024. The hearing shall take place in Courtroom 6A, J. Caleb Boggs Federal Building, 844 North King Street, Wilmington, Delaware 19801, commencing at 9:30 a.m., or at such other time and location as the Court may direct. The parties shall be prepared to present argument on all

35. The Court anticipates issuing its Claim Construction Order on or before December 13, 2024. The parties acknowledge that the actual date of issuance of the Claim Construction Order is within the sole discretion of the Court, and that December 13, 2024 represents the outer bound for scheduling purposes. Subsequent deadlines in this Order that are dependent upon the Claim Construction Order shall be adjusted by the

36. Expert discovery shall open on January 13, 2025, following the close of fact discovery and the anticipated issuance of the Claim Construction Order. 6.2 Expert Reports — Opening

37. Defendant shall serve its opening expert reports on all topics on which Defendant bears the burden of proof, including but not limited to invalidity and damages, on or before January 27, 2025.

38. Plaintiff shall serve its opening expert reports on all topics on which Plaintiff bears the burden of proof, including but not limited to infringement and damages, on or before February 10, 2025.

39. To the extent that both parties intend to rely on expert testimony regarding damages, including but not limited to reasonable royalty calculations, lost profits, and any other theories of damages, both parties shall serve their respective damages expert reports on or before February 14, 2025. This deadline shall apply to damages expert reports regardless of which party bears the burden of proof on a particular da

40. All opening expert reports shall comply with the requirements of Federal Rule of Civil Procedure 26(a)(2)(B), and shall include a complete statement of all opinions the expert will express and the basis and reasons for them, the facts or data considered by the expert in forming the opinions, any exhibits that will be used to summarize or support the opinions, the expert's qualifications and publications, a list o

41. On or before March 3, 2025, the parties shall simultaneously exchange rebuttal expert reports. Rebuttal expert reports shall be limited in scope to matters raised in the opposing party's opening expert reports and shall not introduce new affirmative opinions or theories that should have been disclosed in opening reports. 6.4 Expert Depositions

42. All expert depositions shall be completed on or before March 28, 2025. Each side shall be entitled to depose all opposing experts who have submitted reports under Rule 26(a)(2)(B). Each expert deposition shall not exceed seven (7) hours of testimony on the record, unless the parties stipulate to a longer period or the Court grants leave for additional time upon a showing of good cause.

43. The parties shall cooperate in good faith in scheduling expert depositions to ensure that all such depositions are completed within the expert discovery period. Expert depositions shall be noticed at least fourteen (14) days in advance, unless the parties agree to shorter notice. 6.5 Close of Expert discovery

44. The close of all expert discovery in this action shall be March 28, 2025. No expert discovery requests, including expert deposition notices, may be served after this date without leave of Court. SECTION 7: DISPOSITIVE MOTIONS 7.1 Summary Judgment / Partial Summary Judgment Motions

45. The deadline for filing any motion for summary judgment or partial summary judgment, including motions on individual claims, defenses, or counterclaims, shall be April 1, 2025. All such motions shall be accompanied by a supporting brief, a statement of undisputed material facts, and any supporting declarations, affidavits, and exhibits.

46. Oppositions to any motion for summary judgment or partial summary judgment, including any responsive statement of facts and supporting materials, shall be due on or before April 28, 2025.

47. Reply briefs in support of any motion for summary judgment or partial summary judgment shall be due on or before May 5, 2025.

48. Oral argument on dispositive motions shall be scheduled at the Court's discretion. The parties may request oral argument in their respective briefs, but the scheduling and conduct of any such argument shall be determined by the Court. 7.2 Daubert Motions

49. Any motions to exclude expert testimony pursuant to Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), and Federal Rule of Evidence 702, shall be filed concurrently with or prior to dispositive motions, on or before April 1, 2025. Daubert motions shall follow the same briefing schedule as summary judgment motions, with oppositions due on or before April 28, 2025, and reply briefs due on or before

50. The parties are encouraged to combine Daubert challenges with dispositive motions where appropriate to promote efficiency and to reduce duplicative briefing. SECTION 8: SETTLEMENT CONFERENCES AND ALTERNATIVE DISPUTE RESOLUTION 8.1 Mediation.

51. The parties shall participate in at least one mediation session before a qualified neutral mediator on or before March 17, 2025. The mediation shall be conducted in accordance with the rules or procedures agreed upon by the parties and the selected mediator.

52. The mediator shall be selected by mutual agreement of the parties. If the parties are unable to agree upon a mediator within thirty (30) days of the date of this Order, the Court shall appoint a mediator from the roster of qualified mediators maintained by the Court or by the Federal Circuit Mediation Program, as appropriate.

53. Each party shall submit a confidential mediation statement to the mediator at least three (3) business days before the scheduled mediation session. Mediation statements shall not be filed with the Court and shall not be shared with opposing counsel unless the parties agree otherwise. The mediation statement shall include a summary of the party's claims or defenses, a candid assessment of the strengths and weaknes

54. All mediation proceedings shall be confidential and shall not be disclosed to the Court except to the extent necessary to report that a mediation has occurred, whether settlement was reached, and, if so, the terms of any settlement. 8.2 Settlement Conference

55. The Court may, at any time upon request of either party or sua sponte, schedule a settlement conference before a United States Magistrate Judge. Any party seeking a settlement conference shall file a letter request with the Court, with a copy served on opposing counsel.

56. The parties shall promptly notify the Court in writing if settlement of all or any part of this action is reached at any stage of the proceedings. Settlement shall be memorialized in a written agreement and, to the extent applicable, presented to the Court for approval and entry of an appropriate order of dismissal. SECTION 9: PRETRIAL PROCEEDINGS 9.1 Pretrial Disclosures

57. On or before August 15, 2025, the parties shall serve their respective pretrial disclosures in accordance with Federal Rule of Civil Procedure 26(a)(3). The pretrial disclosures shall include: (a) The name and, if not previously provided, the address and telephone number of each witness the party expects to present at trial, separately identifying those witnesses the party expects to present and those it may call

58. Objections to the pretrial disclosures, including objections to the use of deposition testimony and objections to the admissibility of any identified exhibit, shall be filed on or before August 29, 2025. Any objection not timely made, other than objections under Federal Rules of Evidence 402 and 403, shall be deemed waived unless excused by the Court for good cause shown. 9.2 Motions in Limine

59. All motions in limine shall be filed on or before September 5, 2025. Motions in limine shall be concise and shall address discrete evidentiary issues anticipated to arise at trial.

60. Oppositions to motions in limine shall be filed on or before September 15, 2025. Reply briefs in support of motions in limine shall be filed only with leave of Court. 9.3 Joint Pretrial Order