throbber
U N I T E D S T A T E S P A T E N T A N D T R A D E M A R K O F F I C E
` B E F O R E T H E P A T E N T T R I A L A N D A P P E A L B O A R D
`
`M E D T R O N I C , I N C . , )
` )
` P e t i t i o n e r , )
` ) C T - 0 1 5 7 9 - 0 1
` v s . )
` )
`N U V A S I V E , I N C . , )
` )
` P a t e n t o w n e r . )
`_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ )
`
` V I D E O T A P E D D E P O S I T I O N O F S T E V E N D E R I D D E R
` T A K E N O N B E H A L F O F T H E N U V A S I V E , I N C .
` A P R I L 1 7 , 2 0 1 4
` ( S t a r t i n g t i m e o f t h e d e p o s i t i o n : 1 : 0 9 p . m . )
`
`C o u r t R e p o r t e r :
`B o b b i e J . H i b b l e r , L C R / C S R
`T e n n e s s e e L C R # 0 2 9
`C a l i f o r n i a C S R # 1 2 4 7 5
`
`J o b N o . 1 8 3 9 8 5 0 C
`P A G E S 1 - 6 0
`
`Veritext National Deposition & Litigation Services
`866 299-5127
`
`Page 1
`
`1
`2
`
`3 4
`
`5
`
`6
`
`7
`
`8
`
`9
`1 0
`1 1
`1 2
`1 3
`1 4
`1 5
`1 6
`1 7
`1 8
`1 9
`2 0
`2 1
`
`2 2
`
`2 3
`2 4
`2 5
`
`1
`
`NUVASIVE 2024
`Medtronic v. NuVasive
`IPR2013-00506
`IPR2013-00507
`IPR2013-00508
`
`

`
` EXAMINATION INDEX
`
`STEVEN DERIDDER
`
` BY MR. NELSON . . . . . . . . . . 6
`
` BY MR. SCHWARTZ . . . . . . . . . 57
`
` EXHIBIT INDEX
`
`EXHIBIT DESCRIPTION PAGE
`
`1
`
`2
`
`3
`
`4 5 6 7 8
`
`9
`
`10
`
`EXHIBIT NUVA-2109 DRAWING OF
`
` BOOMERANG CAGE 34
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`(The original exhibits were retained by the
`
`court reporter to be attached to the original
`
`and copies of the transcript.)
`
`Veritext National Deposition & Litigation Services
`866 299-5127
`
`Page 2
`
`2
`
`

`
` UNITED STATES PATENT AND TRADEMARK OFFICE
`
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`MEDTRONIC, INC., )
`
` )
`
` Petitioner, )
`
` ) CT-01579-01
`
` vs. )
`
` )
`
`NUVASIVE, INC., )
`
` )
`
` Patent owner. )
`
` VIDEOTAPED DEPOSITION OF STEVEN DERIDDER,
`
`produced, sworn and examined on April 17, 2014,
`
`between the hours of one o'clock and three
`
`o'clock in the afternoon of that day, at the
`
`offices of Alpha Reporting Corporation, 236
`
`Adams Avenue, Memphis, Tennessee 38103, before
`
`Bobbie J. Hibbler, (TN), Licensed Certified
`
`Reporter, (CA), Certified Shorthand Reporter, in
`
`a certain cause now pending in the United States
`
`Patent and Trademark Office, Before the Patent
`
`Trial and Appeal Board, between MEDTRONIC, INC.,
`
`Petitioner, vs. NUVASIVE, INC., Patent Owner; on
`
`behalf of NuVasive, Inc.
`
`1
`
`2
`
`3 4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`Veritext National Deposition & Litigation Services
`866 299-5127
`
`Page 3
`
`3
`
`

`
` A P P E A R A N C E S
`
`F O R T H E P E T I T I O N E R :
` J E F F E . S C H W A R T Z , E S Q .
` F o x R o t h s c h i l d , L L P
` 1 0 3 0 1 5 t h S t r e e t , N W
` S u i t e 3 8 0 E a s t
` W a s h i n g t o n , D C 2 0 0 0 5
` 2 0 2 - 4 6 1 - 3 1 0 0
` j e s c h w a r t z @ f o x r o t h s c h i l d . c o m
`
`F O R T H E P A T E N T O W N E R :
` S T U A R T N E L S O N , E S Q .
` F i s h & R i c h a r d s o n , P . C .
` 3 2 0 0 R B C P l a z a
` 6 0 S o u t h S i x t h S t r e e t
` M i n n e a p o l i s , M i n n e s o t a 5 5 4 0 2
` 6 1 2 - 3 3 5 - 5 0 7 0
` s n e l s o n @ f r . c o m
`
`A l s o p r e s e n t :
` B l a i n e C o l e m a n , V i d e o g r a p h e r
`
`1
`
`2 3
`
`4
`
`5
`
`6
`
`7 8 9
`
`1 0
`
`1 1
`
`1 2
`
`1 3
`1 4
`1 5
`1 6
`1 7
`1 8
`1 9
`2 0
`2 1
`2 2
`2 3
`2 4
`2 5
`
`Veritext National Deposition & Litigation Services
`866 299-5127
`
`Page 4
`
`4
`
`

`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
` IT IS HEREBY STIPULATED AND AGREED by 01:12
`
`and between counsel for the Petitioner and 01:12
`
`counsel for the Patent Owner that this 01:12
`
`deposition may be taken in shorthand by Bobbie 01:12
`
`J. Hibbler, LCR/CSR, a Licensed Certified 01:12
`
`Reporter, Certified Shorthand Reporter, and 01:12
`
`afterwards transcribed into typewriting; and the 01:12
`
`signature of the witness is not expressly 01:12
`
`reserved. 01:12
`
` * * * * * 01:12
`
` (Starting time of the deposition: 1:09 p.m.) 01:12
`
` THE VIDEOGRAPHER: We're on the record 01:12
`
`at 1:09 p.m., on April 17, 2014. This is the 01:14
`
`video recorded deposition of Steve DeRidder. 01:14
`
` My name is Blaine Coleman here with 01:14
`
`our court reporter, Bobbie Hibbler. We are here 01:14
`
`from Veritext Legal Solutions. 01:14
`
` And the deposition is being held at 01:14
`
`Alpha Reporting Corporation in Memphis, 01:14
`
`Tennessee. 01:14
`
` The caption of this case is 01:14
`
`Medtronic versus NuVasive. Case Number 01:14
`
`CT-01579-01. 01:14
`
` Would counsel please identify 01:14
`
`Veritext National Deposition & Litigation Services
`866 299-5127
`
`Page 5
`
`5
`
`

`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`themselves for the record. 01:14
`
` MR. NELSON: This is Stuart Nelson of 01:14
`
`Fish & Richardson representing the patent owner, 01:14
`
`NuVasive. 01:14
`
` MR. SCHWARTZ: Jeff Schwartz from Fox 01:14
`
`Rothschild representing Medtronic. And with me 01:14
`
`is Jason Piche. 01:14
`
` THE VIDEOGRAPHER: Would the court 01:14
`
`reporter please swear in the deponent. 01:14
`
` STEVEN DERIDDER, 01:14
`
`Having been first duly sworn, was examined and 01:14
`
`testified as follows: 01:14
`
` EXAMINATION 01:14
`
`BY MR. NELSON: 01:14
`
` Q. Good afternoon. Could you please state 01:14
`
`your full name for the record? 01:15
`
` A. Steven Dale DeRidder. 01:15
`
` Q. Thank you, Mr. DeRidder. Do you know 01:15
`
`why you're here today? 01:15
`
` A. I do. 01:15
`
` Q. Why? 01:15
`
` A. To testify to my declaration. 01:15
`
` Q. Okay. And have you been part of a 01:15
`
`deposition before? 01:15
`
` A. I have. 01:15
`
`Veritext National Deposition & Litigation Services
`866 299-5127
`
`Page 6
`
`6
`
`

`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
` Q. So you kind of know generally how it 01:15
`
`goes. I'll ask some questions. There may be 01:15
`
`some objections. And if the attorney tells you 01:15
`
`do not answer, you don't answer. But if he just 01:15
`
`objects, and if you understand the question you 01:15
`
`can still answer. 01:15
`
` A. I understand. 01:15
`
` Q. Is there any reason that you might not 01:15
`
`be able to give true and complete answers today? 01:15
`
` A. There is not. 01:15
`
` Q. You're not on any medication that might 01:15
`
`prevent you from being able to give true and 01:15
`
`complete answers? 01:15
`
` A. None -- no. 01:15
`
` Q. Do you understand that you're under 01:15
`
`oath? 01:15
`
` A. I do. 01:15
`
` Q. Do you know what that means? 01:15
`
` A. I do. 01:15
`
` Q. What does that mean? 01:15
`
` A. The result could be perjury, which is 01:15
`
`lying under oath. 01:16
`
` Q. Who do you work for? 01:16
`
` A. I work for Medtronic. 01:16
`
` Q. Are you here today as a representative 01:16
`
`Veritext National Deposition & Litigation Services
`866 299-5127
`
`Page 7
`
`7
`
`

`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`of Medtronic? 01:16
`
` A. I am. 01:16
`
` Q. Did you spend any time preparing for 01:16
`
`this deposition today? 01:16
`
` A. I did. 01:16
`
` Q. When did you do that? 01:16
`
` A. Yesterday. 01:16
`
` Q. How long did you spend? 01:16
`
` A. I would say just over -- between two 01:16
`
`and a half to three hours. 01:16
`
` Q. I'm guessing you met with counsel? 01:16
`
` A. I did. 01:16
`
` Q. Did you do anything to prepare for this 01:16
`
`deposition other than meet with counsel? 01:16
`
` A. No. 01:16
`
` Q. Where did you go to school? 01:16
`
` A. You're talking about college; right? 01:16
`
` Q. Yeah, college. 01:16
`
` A. Okay. I got my AA degree at Heald 01:16
`
`Institute of Technology in Santa Clara, 01:16
`
`California. 01:16
`
` Q. And you had some additional training 01:17
`
`after that; correct? 01:17
`
` A. I've had -- yeah, I would say extensive 01:17
`
`training for the job that I hold. But I have 01:17
`
`Veritext National Deposition & Litigation Services
`866 299-5127
`
`Page 8
`
`8
`
`

`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`been -- I have attended other schools as well. 01:17
`
` Q. Could you kind of give me the one 01:17
`
`minute version of that training and schools? 01:17
`
` MR. SCHWARTZ: Objection to form. 01:17
`
` A. I went one year to Travecca Nazarene 01:17
`
`College in Nashville, Tennessee. I went a 01:17
`
`couple of years to Evergreen Valley College in 01:17
`
`California just to take some -- what do you call 01:17
`
`those -- it's regular courses, like history. I 01:17
`
`can't think of what they're called. And then I 01:17
`
`also attended some time at San Jose Bible 01:17
`
`College, which is now -- changed its name. I 01:18
`
`can't remember the name of the college right 01:18
`
`now. It's -- it's someone's name. 01:18
`
`BY MR. NELSON: 01:18
`
` Q. Sure. 01:18
`
` A. That's the official colleges I went to. 01:18
`
` Q. Okay. What does it mean to be an 01:18
`
`expert in geometric dimensioning and 01:18
`
`tolerancing? 01:18
`
` MR. SCHWARTZ: Objection to form. 01:18
`
`Foundation. 01:18
`
` A. It means that through extensive study 01:18
`
`and meeting with board members they recognized 01:18
`
`me as a person who is capable of providing 01:18
`
`Veritext National Deposition & Litigation Services
`866 299-5127
`
`Page 9
`
`9
`
`

`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`expert -- expert interpretation of drawings, 01:18
`
`mechanical design drawings as well as 01:18
`
`application of the science of GD&T. I was 01:18
`
`actually invited to become part of the board. 01:19
`
`But you have to be sponsored by a company, and 01:19
`
`at the time my company was laying me off. 01:19
`
`BY MR. NELSON: 01:19
`
` Q. Not interested in sponsoring Ray Ban, 01:19
`
`huh? 01:19
`
` MR. SCHWARTZ: Objection to form. 01:19
`
`Relevance. 01:19
`
` MR. NELSON: Sorry? 01:19
`
` MR. SCHWARTZ: Relevance. 01:19
`
`BY MR. NELSON: 01:19
`
` Q. Are ordinary engineers experts in 01:19
`
`geometric tolerancing? 01:19
`
` A. No. 01:19
`
` Q. It's a higher skill level than just 01:19
`
`being an engineer; right? 01:19
`
` A. It is a desired skill but one in which 01:19
`
`very few engineers master. 01:19
`
` Q. Are ordinary surgeons typically experts 01:19
`
`in geometric dimensioning and tolerancing? 01:19
`
` MR. SCHWARTZ: Objection to the form -- 01:19
`
` A. Can you rephrase that. 01:19
`
`Veritext National Deposition & Litigation Services
`866 299-5127
`
`Page 10
`
`10
`
`

`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
` MR. SCHWARTZ: Objection to form. 01:19
`
`Foundation. Relevance. 01:19
`
`BY MR. NELSON: 01:19
`
` Q. Are ordinary surgeons typically experts 01:19
`
`in geometric dimensioning and tolerancing? 01:19
`
` A. No. 01:20
`
` Q. Are you an expert in geometric 01:20
`
`dimensioning and tolerancing? 01:20
`
` A. Yes. 01:20
`
` Q. Could you describe your current 01:20
`
`position at Medtronic? 01:20
`
` A. Currently I work in a department called 01:20
`
`worldwide rapid innovation. And typically my 01:20
`
`job consist of fielding requests from our sales 01:20
`
`force that a surgeon has requested a special 01:20
`
`instrument for a procedure or a surgeon might 01:20
`
`have an idea. They bring it to the company. I 01:20
`
`might be brought in to help develop that idea 01:20
`
`and bring it to market, or I might just be part 01:20
`
`of a team that internally we develop new 01:20
`
`instruments and/or implants for spinal fusion 01:20
`
`and surgery. 01:21
`
` Q. What would be your role on the team for 01:21
`
`developing a new implant? 01:21
`
` MR. SCHWARTZ: Objection to form and 01:21
`
`Veritext National Deposition & Litigation Services
`866 299-5127
`
`Page 11
`
`11
`
`

`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`foundation. Mr. DeRidder, when I'm objecting 01:21
`
`you need to just pause and let me object. 01:21
`
` THE WITNESS: All right. 01:21
`
` MR. SCHWARTZ: Objection to form and 01:21
`
`foundation. 01:21
`
` A. I am mainly responsible for design. 01:21
`
`BY MR. NELSON: 01:21
`
` Q. Okay. Could you elaborate a little bit 01:21
`
`more on being responsible for design? 01:21
`
` MR. SCHWARTZ: Objection to form. 01:21
`
` A. I'm instrumental in establishing 01:21
`
`prototypes, so forming ideas, helping those 01:21
`
`ideas come to life, if you will, and then 01:21
`
`documenting those for the company. 01:21
`
`BY MR. NELSON: 01:21
`
` Q. The position that you have now is that 01:21
`
`the same position that you had in 1999 to 2001 01:21
`
`timeframe? 01:22
`
` A. It is not. 01:22
`
` Q. What was the position that you had 01:22
`
`then? 01:22
`
` A. I was a associate product development 01:22
`
`engineer. 01:22
`
` Q. Could you describe the difference 01:22
`
`between your current position and the position 01:22
`
`Veritext National Deposition & Litigation Services
`866 299-5127
`
`Page 12
`
`12
`
`

`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`you had then? 01:22
`
` A. The associate product development 01:22
`
`engineer works under the instruction of the 01:22
`
`senior level product development engineer. And 01:22
`
`they are primarily responsible for helping or 01:22
`
`assisting the senior level engineer design 01:22
`
`product and get them to market. The current 01:22
`
`position I'm in is not even a product 01:22
`
`development engineer. I have been specialized 01:22
`
`to focus strictly on design and to assist other 01:22
`
`engineers in their efforts as well, a mentoring 01:23
`
`position. 01:23
`
` Q. In the 1999 to 2001 timeframe was there 01:24
`
`an expert at Medtronic like you who helped you 01:24
`
`with your work at that time? 01:24
`
` MR. SCHWARTZ: Objection to form. 01:24
`
`Relevance. 01:24
`
` A. Not like me, no. 01:24
`
`BY MR. NELSON: 01:24
`
` Q. Why is that? 01:24
`
` A. Because I had a number of years of 01:24
`
`experience designing product but not in the 01:24
`
`medical industry. But my main focus on coming 01:24
`
`to the company was to be used as a designer and 01:24
`
`to bring products from ideas to market. 01:24
`
`Veritext National Deposition & Litigation Services
`866 299-5127
`
`Page 13
`
`13
`
`

`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
` Q. Okay. Would you consider yourself an 01:24
`
`expert CAD designer? 01:24
`
` A. I would. 01:25
`
` Q. Would you consider yourself an expert 01:25
`
`designer of spinal fusion implants? 01:25
`
` A. I would say I'm highly knowledgeable of 01:25
`
`the subject. 01:25
`
` Q. Are ordinary engineers and surgeons 01:25
`
`expert CAD designers? 01:25
`
` MR. SCHWARTZ: Objection to form. 01:25
`
`Relevance -- 01:25
`
` A. No. 01:25
`
` MR. SCHWARTZ: When I'm speaking please 01:25
`
`just hold on. Objection to form. Relevance. 01:25
`
`Foundation. 01:25
`
`BY MR. NELSON: 01:25
`
` Q. I'm not sure we got the answer on the 01:25
`
`record so I will ask again. Are ordinary 01:25
`
`engineers and surgeons expert CAD designers? 01:25
`
` MR. SCHWARTZ: Same objection. 01:25
`
` A. No, they're not. 01:25
`
`BY MR. NELSON: 01:25
`
` Q. So I'd like to talk a little bit about 01:25
`
`some things in your declaration. Who asked you 01:25
`
`to consider what one of ordinary skill in the 01:25
`
`Veritext National Deposition & Litigation Services
`866 299-5127
`
`Page 14
`
`14
`
`

`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`art would have understood from the prior art to 01:25
`
`the 334 patent? 01:25
`
` A. Could I have a copy of my declaration 01:25
`
`so I could see what you're referring to? 01:26
`
` Q. I am comfortable with that. 01:26
`
` MR. NELSON: No reason to mark it as an 01:26
`
`exhibit, is there? 01:26
`
` MR. SCHWARTZ: No. Not unless you want 01:26
`
`it to be an exhibit. Actually I think it's 01:26
`
`already marked as an exhibit. 01:26
`
`BY MR. NELSON: 01:26
`
` Q. Sir, you've been handed what's been 01:26
`
`marked as MSD 1002. In Paragraph 5 there's a 01:26
`
`statement that you were asked to consider what 01:26
`
`one of ordinary skill in the art would have 01:26
`
`understood from the prior art to the 334 01:26
`
`patent. I was just wondering who asked you to 01:27
`
`consider that? 01:27
`
` A. My legal counsel. 01:27
`
` Q. Okay. What did you do to consider it? 01:27
`
` A. I reviewed the materials that they 01:27
`
`asked me to review. 01:27
`
` Q. What were those materials? 01:27
`
` A. Patents, and drawings, and graphics. 01:27
`
` Q. Did you talk to anyone? Did you talk 01:27
`
`Veritext National Deposition & Litigation Services
`866 299-5127
`
`Page 15
`
`15
`
`

`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`to anyone as part of your review? 01:27
`
` A. Other than my legal counsel, no. 01:27
`
` Q. Did you talk to George Frey? 01:27
`
` A. Not for this. 01:28
`
` Q. Maybe I should take a step back. Do 01:28
`
`you know George Frey? 01:28
`
` A. Pronounces "Fry". 01:28
`
` Q. Frey? 01:28
`
` A. I do know him, yes. 01:28
`
` Q. Who is George Frey? 01:28
`
` A. George Frey is a surgeon in Colorado 01:28
`
`that was used as a key opinion leader for some 01:28
`
`products that we put out with his help. 01:28
`
` Q. What do you mean by key opinion leader? 01:28
`
` A. Well being that he's a surgeon he's 01:28
`
`familiar with what the surgeon's needs are. We 01:28
`
`relied on him to give us guidance on every 01:28
`
`aspect of the design both implants and 01:28
`
`instruments. 01:29
`
` Q. So he was someone that you -- strike 01:29
`
`that. 01:29
`
` Dr. Frey was one of the inventors who 01:29
`
`worked on the Frey patent with you; is that 01:29
`
`correct? 01:29
`
` MR. SCHWARTZ: Objection to form. 01:29
`
`Veritext National Deposition & Litigation Services
`866 299-5127
`
`Page 16
`
`16
`
`

`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
` A. He is one of the inventors, yes. 01:29
`
`BY MR. NELSON: 01:29
`
` Q. Did you talk to George Frey as part of 01:29
`
`your consideration of one of ordinary skill in 01:29
`
`the art would have understood from the prior art 01:29
`
`to the 334 patent? 01:29
`
` A. No, I did not. 01:29
`
` Q. Why not? 01:29
`
` A. I saw no reason to. 01:29
`
` Q. It sounded like you were saying that 01:29
`
`you did talk to him about something else; is 01:29
`
`that correct? 01:29
`
` MR. SCHWARTZ: Objection to form. 01:29
`
`Characterization. 01:29
`
` A. My communication with George Frey was 01:29
`
`back in the 2001 timeframe. 01:30
`
`BY MR. NELSON: 01:30
`
` Q. Quite a while back? 01:30
`
` A. Yes. 01:30
`
` Q. Is Dr. Frey someone who you respect the 01:30
`
`opinions of with respect to the subject matter 01:30
`
`of the Frey patent publication? 01:30
`
` MR. SCHWARTZ: Objection to form. 01:30
`
`Foundation. 01:30
`
` A. I have no opinion on that. 01:30
`
`Veritext National Deposition & Litigation Services
`866 299-5127
`
`Page 17
`
`17
`
`

`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`BY MR. NELSON: 01:30
`
` Q. You have no opinion on whether he's 01:30
`
`knowledgeable on subject matter of those 01:30
`
`implants? 01:30
`
` A. I was not involved directly as an 01:30
`
`associate with the conversation that took place 01:30
`
`between the senior product development engineers 01:30
`
`and Dr. Frey. So I have no opinion on his 01:30
`
`statements. 01:30
`
` Q. You're being handed a document that's 01:31
`
`been marked Exhibit MSD 1013. Do you recognize 01:31
`
`this document? 01:31
`
` A. I believe I recognize a picture on the 01:31
`
`document. 01:31
`
` Q. Do you know what this document is? 01:31
`
` A. Yes. 01:31
`
` Q. What is it? 01:31
`
` A. It's a patent. 01:31
`
` Q. Have you seen this patent before. 01:31
`
` A. I can't be sure. I may have seen an 01:32
`
`illustration from it. 01:32
`
` Q. In your declaration you refer to 01:32
`
`something as the 334 patent. Is this the 334 01:32
`
`patent? 01:32
`
` A. It appears so. Yes. 01:32
`
`Veritext National Deposition & Litigation Services
`866 299-5127
`
`Page 18
`
`18
`
`

`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
` Q. When you consider what one of ordinary 01:32
`
`skill in the art would have understood from the 01:32
`
`prior art to the 334 patent did you actually 01:32
`
`review the prior -- did you actually review the 01:32
`
`334 patent? 01:32
`
` A. Not the entire patent. 01:32
`
` Q. Did you review it briefly? 01:32
`
` A. I was shown -- I recognize some of the 01:33
`
`illustrations in here. 01:33
`
` Q. Why did you review the 334 patent 01:33
`
`illustrations? 01:33
`
` MR. SCHWARTZ: Objection to form. 01:33
`
`Characterization. 01:33
`
` A. I was handed them or shown them by my 01:33
`
`counsel. 01:33
`
`BY MR. NELSON: 01:33
`
` Q. Okay. You've been handed a document 01:33
`
`that's been marked as Exhibit MSD 1013. 01:33
`
` A. Okay. 01:33
`
` Q. But you've also been handed more 01:33
`
`recently a newer document that's been marked as 01:34
`
`Exhibit MSD 1003. Do you know what Exhibit MSD 01:34
`
`1003 is? 01:34
`
` A. Not unless you tell me. There's two 01:34
`
`documents here. 01:34
`
`Veritext National Deposition & Litigation Services
`866 299-5127
`
`Page 19
`
`19
`
`

`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
` Q. In Paragraph 5 of your declaration you 01:34
`
`reference U.S. Patent Application Publication 01:34
`
`Number 2002/0165550 to Frey. 01:34
`
` A. Yes. 01:34
`
` Q. Is this the same document that you're 01:34
`
`referencing? 01:34
`
` A. Yes. This is the patent in reference. 01:34
`
` Q. So do you know what this document MSD 01:34
`
`1003 is? 01:34
`
` A. This top document I do recognize it. 01:35
`
`Yes. 01:35
`
` Q. You're free to take the clip off if you 01:35
`
`want to. I think if you take a look you will 01:35
`
`see that it's a rather thick patent 01:35
`
`application. The first half is all the figures 01:35
`
`and the second half would be the text of the 01:35
`
`document. But if you wouldn't mind taking a 01:35
`
`quick look to see if you see anything that makes 01:35
`
`you think that that's not the case, please let 01:35
`
`me know. 01:35
`
` A. Okay. I think we're fine. 01:35
`
` Q. When you consider what one of ordinary 01:35
`
`skill in the art would have understood from the 01:35
`
`prior art to the 334 patent, did you review the 01:36
`
`Frey patent application? 01:36
`
`Veritext National Deposition & Litigation Services
`866 299-5127
`
`Page 20
`
`20
`
`

`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
` A. I did review this patent, yes. 01:36
`
` Q. Why did you review it? 01:36
`
` A. I was asked to. 01:36
`
` Q. Okay. Did you -- strike that please. 01:36
`
` Was your review of this Frey patent 01:36
`
`application helpful? 01:36
`
` MR. SCHWARTZ: Objection to form. 01:36
`
` A. Not really. 01:36
`
`BY MR. NELSON: 01:36
`
` Q. Why not? 01:36
`
` A. I was familiar with it. 01:36
`
` Q. Why are you familiar with it? 01:36
`
` A. Because I'm a named inventor on it. 01:36
`
` Q. Did you spend a fair bit of time with 01:36
`
`this subject matter at some point?

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket