Extract to table

It must not be disclosed to any third party without the prior written consent of Calderwood & Harkness LLP

This memorandum must be treated with the utmost seriousness

• Under Rule 37(e)(2), if the court finds that the party acted with the intent to deprive another party of the information's use in the litigation, the court may presume that the lost information was unfavorable to the party that lost it, instruct the jury that it may or must presume the information was unfavorable, or dismiss the action or enter a default judgment

OWS must take every reasonable step to ensure that no relevant materials are lost, deleted, destroyed, or modified from this point forward

These family relationships are relevant to claim construction, prosecution history, and potential prosecution history estoppel issues, and all related applications and filings must be preserved

1 Immediate Effect This litigation hold is effective immediately upon distribution of this memorandum, which shall be deemed to have occurred on March 22, 2024