Appendix 8

• Author: Kenneth Dorsney
• Pages: 595-599

595

A–8

PLA IN TI FF ’S DOC UM EN T RE QU ES TS

IN THE UNITED STATES DISTRICT COURT

[Name of District]

[DISTRICT COURT CAPTION]

PLAINTIFF’S FIRST SET OF RULE 34 DOCUMENT REQUESTS TO

DEFENDANTS

Pursuant to Rule 34 of the Federal Rules of Civil Procedure, and the applicable

Local Rules of the United States District Court [Name of District], plaintiff [Name of

Plaintiff] (“Plaintiff”) hereby request that Defendant [Name of Defendant produce and

permit Plaintiff to inspect and copy each of the documents and things requested below, in

accordance with those rules and the following Definitions and Instructions.

Unless otherwise agreed, production is to be made on or within thirty (30) days at the

offices of [Name of Counsel for Defendant, Address of Counsel for Defendant].

DEFINITIONS

1. The term “’’001 patent” means Plaintiff’s United States Patent No. 1.

2. “Applications underlying the ‘001 patent” means U.S. Patent Application

Serial No. 1 and U.S. Provisional Application Serial No. 2.

3. “GenX ” means [active ingredient] in any form, including without

limitation any salt thereof, or any preparation, formulation, pharmaceutical, or product

comprised of or containing [active ingredient].

4. “Document” means each and every writing, whether an original, a draft, or

a copy, however produced or reproduced, and each and every thing from which

information can be processed or transcribed, and includes, without limitation, all things

meeting the definitions of “writings” and “recordings” as set forth in Fed. R. Evid. 1001.

Any document without any marks such as initials, comments, or notations of any kind is

not deemed to be identical to one without such marks and is to be produced and identified

as a separate document. The term “document” is coextensive in scope with Rule 34 of the

Federal Rules of Civil Procedure.

5. “Thing” means any physical specimen or other tangible item other than a

document.

6. “Concerning” means in any way, directly or indirectly, regarding,

considering, constituting, covering, defining, describing, involving, underlying,

modifying, amending, confirming, mentioning, endorsing, recording, evidencing,

pertaining to, referring to, reflecting, relating to, representing, supporting, qualifying,

terminating, revoking, canceling, negating, or having any connection with the matter

discussed.