Appendix 9

• Author: Kenneth Dorsney
• Pages: 601-607

601

A–9

DEF EN DA NT ’S DOC UM EN T RE QU ES TS

IN THE UNITED STATES DISTRICT COURT

[Name of District]

[DISTRICT COURT CAPTION]

DEFENDANT’S FIRST SET OF REQUESTS FOR

PRODUCTION OF DOCUMENTS AND THINGS TO PLAINTIFF

Pursuant to FEDERAL RULES OF CIVIL PROCEDURE 26 and 34, Defendant

[Name of Defendant] serve its First Set of Requests For Production of Documents and

Things on Plaintiff [Name of Plaintiff]. Any documents responsive to the requests are to

be produced or made available for inspection and copying at the offices of [Name of

Counsel for Defendant], [Address of Counsel for Defendant], or at such place as shall be

agreed upon by counsel for the parties, within thirty (30) days after the service hereof.

These Requests are continuing in nature and require supplementation in accordance with

FEDERAL RULE OF CIVIL PROCEDURE 26(e). The following definitions and

instructions apply.

DEFINITIONS

A. The term “possession, custody, and control” means any document or thing

either in the direct legal possession of (as defined below) or anything as to which

Plaintiff has a current legal right under any applicable law to request, receive, demand,

review, observe, or otherwise obtain regardless of in whose possession said document or

thing currently resides.

B. “The ‘001 Patent” means United States Patent No. 1, which issued on

[Date], and is entitled “_____.”

C. “The ‘001 Application” means U.S. Application No. 1 filed on [Date],

which matured into the ‘001 Patent.

D. “The ‘002 Provisional Application” means U.S. Provisional Application

No. 2 filed on [Date].

E. “The ‘002 Patent” means United States Patent No. 2, which issued on

[Date], and is entitled “_____.”

F. “The ‘002 Application” means U.S. Application No. 2 filed on [Date],

which matured into the ‘002 Patent.

G. “Related Patents” means any pending, abandoned or issued U.S. or foreign

patents claiming the same subject matter as the ‘001 Patent, or claiming priority from the

‘002 Provisional Application and/or ‘001 Application. “Related Applications” means any

pending or abandoned continuation, divisional, continuation-in-part, reexamination,

reissue, extension, international or foreign counterpart patent application claiming the

same subject matter or claiming priority from the ‘002 Provisional Application and/or

‘001 Application.

H. The term “patent-in-suit” refers to the ‘001 Patent.