Free Notice of Service - District Court of Delaware - Delaware

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

VENETEC INTERNATIONAL, INC., Plaintiff, v. NEXUS MEDICAL, LLC, Defendant.

) ) ) ) ) ) C.A. No.: 07-057 MPT ) ) ) ) )

NOTICE OF SERVICE OF SUBPOENAS NOTICE IS HEREBY GIVEN that, in accordance with Rule 45 of the Federal Rules of Civil Procedure, defendant Nexus Medical, LLC intends to serve the attached Subpoenas in a Civil Case for production of documents as indicated on the following: (1) (2) Holly Ferrell; and Maddoc Medical Products, Inc.

Dated: June 6, 2008

/s/ Richard K. Herrmann Richard K. Herrmann #405 Mary B. Matterer #2696 Amy Arnott Quinlan #3021 MORRIS JAMES LLP 500 Delaware Avenue, Suite 1500 Wilmington, Delaware 19801-1494 302.888.6800 [email protected] ATTORNEYS FOR DEFENDANT AND COUNTERCLAIM-PLAINTIFF NEXUS MEDICAL, LLC

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EXHIBIT A DEFINITIONS

1. 2. 3. 4.

The term "you" shall mean Holly Ferrell, and any persons or business entities acting on or purporting to act on your behalf, including without limitation Takoda Marketing. The term "this litigation" shall mean and refer to the action styled Venetec International, Inc, v. Nexus Medical, LLC, C.A. No. 07-57-MPT (D. Del). The term "all" means any and all. The term "Venetec" means Venetec International, Inc, and any present or former parent, subsidiary, department, division, subdivision, branch affiliate, predecessor, successor-ininterest or other related company, and includes any present or former officer, director, agent, employee, consultant, counsel or representative of Venetec, and any other person acting on or purporting to act on its behalf, including outside counsel or patent agents. The term "C. R. Bard" means C. R. Bard, Inc, and any present or former parent, subsidiary, department, division, subdivision, branch affiliate, predecessor, successor-ininterest or other related company, and includes any present or former officer, director, agent, employee, consultant, counsel or representative of C. R. Bard, and any other person acting on or purporting to act on its behalf, including outside counsel or patent agents. The connectives "and" and "or" shall be construed either disjunctively or conjunctively as necessary to bring within the scope of the request as much information as possible and shall not be interpreted to exclude information otherwise within the scope of this request. The use of the singular form of any word includes the plural and vice versa. The terms "refer" and "relate" mean pertaining to, concerning, embodying, containing, comprising, indicating, referring to, reference, reflecting, memorializing, identifying, describing, discussing, involving, evidencing, supporting, or contradicting, in any way, in whole or in part, the subject matter referred to in the request.

5.

6.

7. 8.

INSTRUCTIONS 1. These requests seek all responsive documents in your possession, custody, or control, as well as all documents in the possession, custody, or control of your agents, employees, representatives, and, unless privileged, attorneys. No request shall be construed with reference to any other request for purposes of limitation.

2.

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3.

Each requested document shall be produced in its entirety, including all attachments and enclosures. If a portion of a document is responsive to a request, the entire document shall be produced, including any and all attachments, enclosures, "post-it"-type notes, cover e-mails or cover letters, and any other matter physically or electronically attached to the document. If a document responsive to any request cannot be produced in full, it shall be produced to the fullest extent possible with an explanation stating why production of the remainder is not possible. If a document responsive to any request is no longer in your possession, custody, or control, state: (i) its date; (ii) author(s); (iii) recipient(s); (iv) subject matter; (v) when such document was most recently in your possession, custody, or control; (vi) what disposition was made of the document; and (vii) the person or entity, if any, now in possession, custody, or control of the document. If a document has been destroyed, identify: (i) the date of destruction; (ii) the person who destroyed the document(s); (iii) the person who directed the document to be destroyed; and (iv) the reason(s) for its destruction. All documents produced in response to these requests shall be produced in the same order as they are kept in the ordinary course of business and, where attached, shall not be separated or disassembled. If documents responsive to any request are normally kept in a file or folder, also produce that file or folder with any labels attached thereto, and indicate the company, division, department, and/or individual from whose files the document is being produced. If responsive documents are segregated or separated from other documents, whether by inclusion in binders, files, sub-files, dividers, tabs or any other method, produce such documents in that form. If, in responding to these document requests, you claim any ambiguity in interpreting either a request or a definition or instruction applicable thereto, such claim shall not be utilized by you as a basis for refusing to respond, but you shall set forth as part of your response to the request the language deemed to be ambiguous and the interpretation chosen to be used in responding to the request. If, in responding to these document requests, you assert a privilege to any particular request, you must identify the nature of the privilege (including work product) that is being claimed, and, if the privilege is governed by state law, indicate the state's privilege rule being invoked. In addition, the following information shall be provided in the objection: a) For documents: (i) the type of document; (ii) the general subject matter of the document; (iii) the date of the document; and (iv) such other information as is sufficient to identify the document for a subpoena duces tecum, including, where appropriate, the author of the document, the addressees of the document, and all recipients of he document, and, where not apparent, the capacities of the author, addressees, and recipients and their relationship to each other; For oral communications: (i) the name of the person making the communication and the names of persons present while the communication was made and, where
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b)

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not apparent, the capacities of the author and the relationship of the persons present to the person making the communication; (ii) the date and place of communication; and (iii) the general subject matter of the communication. 8. Whenever a request calls for the production of one or more documents that you claim to be protected from disclosure by an applicable privilege or attorney work product doctrine protection, please supply sufficient factual detail to enable counsel and a court to determine whether or not each such document is entitled to a claim of privilege or work product, including the names of any and all authors, addressees, copyees (cc's) or blindcopyees (bcc's), date of the document, subject-matter of the document, nature of the privilege or work product protection being asserted (e.g., "attorney-client communication" or "attorney work product") and basis for the assertion of any privilege of work product protection.

DOCUMENTS AND THINGS TO BE PRODUCED 1. 2. 3. 4. 5. All communications with C. R. Bard that refer or relate to catheter securement devices. All documents and things that refer or relate to your assessment of potential competitors of the catheter securement devices sold by C. R. Bard or Venetec. All documents and things that refer or relate to your research into the market for catheter securement devices. All communications or documents that refer or relate to Nexus Medical, LLC or to the BONE® catheter securement device. All correspondence with any individual or entity, including but not limited to C. R. Bard, regarding this litigation.

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EXHIBIT A DEFINITIONS

1. 2. 3.

The term "you" shall mean Maddoc Medical Products, Inc. and any person acting on or purporting to act on its behalf, including without limitation Dr. Alan Kessler. The term "all" means any and all. The term "Venetec" means Venetec International, Inc, and any present or former parent, subsidiary, department, division, subdivision, branch affiliate, predecessor, successor-ininterest or other related company, and includes any present or former officer, director, agent, employee, consultant, counsel or representative of Venetec, and any other person acting on or purporting to act on its behalf, including outside counsel or patent agents. The term "C. R. Bard" means C. R. Bard, Inc, and any present or former parent, subsidiary, department, division, subdivision, branch affiliate, predecessor, successor-ininterest or other related company, and includes any present or former officer, director, agent, employee, consultant, counsel or representative of C. R. Bard, and any other person acting on or purporting to act on its behalf, including outside counsel or patent agents. The connectives "and" and "or" shall be construed either disjunctively or conjunctively as necessary to bring within the scope of the request as much information as possible and shall not be interpreted to exclude information otherwise within the scope of this request. The use of the singular form of any word includes the plural and vice versa. The terms "refer" and "relate" mean pertaining to, concerning, embodying, containing, comprising, indicating, referring to, reference, reflecting, memorializing, identifying, describing, discussing, involving, evidencing, supporting, or contradicting, in any way, in whole or in part, the subject matter referred to in the request.

4.

5.

6. 7.

INSTRUCTIONS 1. These requests seek all responsive documents in your possession, custody, or control, as well as all documents in the possession, custody, or control of your agents, employees, representatives, and, unless privileged, attorneys. No request shall be construed with reference to any other request for purposes of limitation. Each requested document shall be produced in its entirety, including all attachments and enclosures. If a portion of a document is responsive to a request, the entire document shall be produced, including any and all attachments, enclosures, "post-it"-type notes,

2. 3.

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cover e-mails or cover letters, and any other matter physically or electronically attached to the document. If a document responsive to any request cannot be produced in full, it shall be produced to the fullest extent possible with an explanation stating why production of the remainder is not possible. 4. If a document responsive to any request is no longer in your possession, custody, or control, state: (i) its date; (ii) author(s); (iii) recipient(s); (iv) subject matter; (v) when such document was most recently in your possession, custody, or control; (vi) what disposition was made of the document; and, (vii) the person or entity, if any, now in possession, custody, or control of the document. If a document has been destroyed, identify: (i) the date of destruction; (ii) the person who destroyed the document(s); (iii) the person who directed the document to be destroyed; and, (iv) the reason(s) for its destruction. All documents produced in response to these requests shall be produced in the same order as they are kept in the ordinary course of business and, where attached, shall not be separated or disassembled. If documents responsive to any request are normally kept in a file or folder, also produce that file or folder with any labels attached thereto, and indicate the company, division, department, and/or individual from whose files the document is being produced. If responsive documents are segregated or separated from other documents, whether by inclusion in binders, files, sub-files, dividers, tabs or any other method, produce such documents in that form. If, in responding to these document requests, you claim any ambiguity in interpreting either a request or a definition or instruction applicable thereto, such claim shall not be utilized by you as a basis for refusing to respond, but you shall set forth as part of your response to the request the language deemed to be ambiguous and the interpretation chosen to be used in responding to the request. If, in responding to these document requests, you assert a privilege to any particular request, you must identify the nature of the privilege (including work product) that is being claimed, and, if the privilege is governed by state law, indicate the state's privilege rule being invoked. In addition, the following information shall be provided in the objection: a) For documents: (i) the type of document; (ii) the general subject matter of the document; (iii) the date of the document; and (iv) such other information as is sufficient to identify the document for a subpoena duces tecum, including, where appropriate, the author of the document, the addressees of the document, and all recipients of the document, and, where not apparent, the capacities of the author, addressees, and recipients and their relationship to each other; For oral communications: (i) the name of the person making the communication and the names of persons present while the communication was made and, where not apparent, the capacities of the author and the relationship of the persons present to the person making the communication; (ii) the date and place of communication; and (iii) the general subject matter of the communication.
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b)

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8.

Whenever a request calls for the production of one or more documents that you claim to be protected from disclosure by an applicable privilege or attorney work product doctrine protection, please supply sufficient factual detail to enable counsel and a court to determine whether or not each such document is entitled to a claim of privilege or work product, including the names of any and all authors, addressees, copyees (cc's) or blindcopyees (bcc's), date of the document, subject-matter of the document, nature of the privilege or work product protection being asserted (e.g., "attorney-client communication" or "attorney work product") and basis for the assertion of any privilege of work product protection.

DOCUMENTS AND THINGS TO BE PRODUCED 1. 2. 3. 4. All documents and things that refer or relate to the license agreement executed on December 16, 2005 between you and Venetec. All communications with Venetec or Dr. Steven Bierman relating to the license agreement executed on December 16, 2005 between you and Venetec. All documents and things that refer or relate to any license negotiations or agreements pertaining to catheter securement devices between you and Venetec or C. R. Bard. All documents and things sufficient to identify all payments made to you under any license agreements pertaining to catheter securement devices, including but not limited to the license agreement executed on December 16, 2005 between you and Venetec.

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