Free Notice to Take Deposition - District Court of Delaware - Delaware

Case 1 :05-cv—OO486-GIVIS Document 85-2 Filed O9/08/2006 Page 1 of 3
EXHIBIT A
DEFINITIONS
Plaintiff, Textron Innovations Inc. ("TII") incorporates by reference the definitions set
forth in its First Set of interrogatories to defendant The Toro Company ("Toro"). In addition, the
following definition applies:
"Gang—type mower(s)" for purposes of this notice, shall mean any product, vehicle, or
apparatus that comprises a gang-type lawn or turf mower, regardless of the cutting blade
configuration (i. e., rotary or reel), including without limitation the Toro Groundsmaster 3500—D,
the Toro Groundsmaster 3505-D, the Toro Groundsmaster 45 OO»D, and the Toro Groundsmaster
4700—D, and variations and/or models of the foregoing products regardless of the specific product
designation.
TOPIC AREAS FOR RULE 30(B)(6) DEPOSITION OF TORO
l. Toro’s corporate and operational structure.
2. Toro’s past, ongoing, and contemplated future development, research, engineering,
design and testing of gang-type mowers.
3. The design of every model of Toro’s gang-type mowers made, used, sold, offered for
sale, or imported into the United States, from 1996 until the present day.
4. Toro’s manufacture, repair, servicing, and provision of replacement parts and
accessories for gang-type mowers.
5. The operation, functionality, maintenance and use of Toro’s gang-type mowers.
6. Toro’s strategies, and the purpose and execution of such strategies, related to the
distribution, sale and marketing of gang-type mowers.
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7. Toro’s strategies, and the purpose and execution of such strategies, related to
determining and documenting the performance (overall market, comparative or otherwise),
advantages and disadvantages (economic, functional or otherwise), and any other performance
analysis or evaluation of gang-type mowers.
8. Toro’s intellectual property rights related to gang-type mowers and related products
and services, including patents and/or patent applications in which Toro has any interest by
ownership, assignment, license or otherwise, Toro’s policies for procuring and managing such
intellectual property rights, and any evaluation of any prior art or technology in relation to such
patents, patent applications or other intellectual property.
9. Toro’s policies and activities relating to clearing Toro’s products, including gang-type
mowers, over others’ intellectual property rights.
10. Toro’s past, current, and projected fees, costs, sales, revenues, profits and/or losses
associated with its operations relating to gang-type mowers, including its sales and revenues
relating to its gang-type mowers, and how sales/revenues are attributed to geographic regions and
Toro’s accounting methods for such operations.
ll. The market for gang-type mowers, including the size and scope of the market, the
presence of other participants or competitors in the market, Toro’s share of that market, and the
availability of non-infringing alternatives to the inventions of the patents—in—suit.
l2. Toro’s competition with TII, Textron, Inc., or Jacobsen, a Division of Textron, Inc.,
related to the sale, repair and servicing of gar1g—type mowers including Toro’s pricing and
bidding strategies, selling points, competitive analyses performed, sales lost and sales won.
I3. Toro’s licensing strategies, policies, forms, provisions, arrangements, reductions,
costs and price structures related to the gang-type mowers and related products and services,
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14. The existence and terms of any intellectual property licenses, covenants not to sue, or
any other agreement granting rights in intellectual property, to which Toro is a party or of which
Toro has knowledge, including any prevailing or established fees and/or royalties, related to
Toro’s business or that of its competitors, and in particular relating to gang-type mowers.
15. Toro’s notice, investigation, analysis and evaluation of the patents in suit before and
after the filing of the present action, including any opinions of counsel, studies, reports,
communications, and any design—arounds or alternative designs considered by Toro.
16. The factual basis for Toro’s defense of equitable estoppel in this action.
17. Any communications with third parties by Toro relating to the possible existence of
prior art to the patents in suit.
18. Toro’s bases, reasons and decisions behind continuing its sales of accused products
despite notice of infringement from Textron related to the patents—in—suit, including any opinions
provided by counsel.
19. Toro’s search for documents and things in response to Tll’s discovery requests,
including the tiles and documents searched (including but not limited to the tiles and documents
of past and present employees of Toro), methods, procedures, search requests and/or document
retention policies used by Toro to comply with T1I’s discovery requests.
20. Toro’s document retention policies.
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