Timothy Titus Catchings, M.D.
`
`October 7, 2014
`
`Kansas City, MO
`
` UNITED STATES PATENT AND TRADEMARK OFFICE
`
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`Page 1
`
`MEDTRONIC, INC., MEDTRONIC )
`
`VASCULAR, INC., and )
`
`MEDTRONIC COREVALVE, LLC, )
`
` )
`
` Petitioner, )
`
` )
`
` vs. ) No. IPR2014-00110
`
` ) No. IPR2014-00111
`
`TROY R. NORRED, M.D., ) Patent 6,482,228
`
` )
`
` Patent Owner. )
`
` THE DEPOSITION OF TIMOTHY TITUS
`
`CATCHINGS, M.D., a Witness, taken on behalf of
`
`the Petitioner, before Alison A. Tracy, Missouri
`
`CCR No. 554, pursuant to Notice on the 7th day of
`
`October, 2014, at 10:08 a.m., at the Law Offices
`
`of Bartle & Marcus, 1100 Main Street, Suite 2730,
`
`Kansas City, Missouri.
`
`Alderson Reporting Company
`1-800-FOR-DEPO
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`Medtronic, Medtronic Vascular,
`and Medtronic CoreValve
`Exhibit 1009 - Page 1
`
`
`
`October 7, 2014
`
`Kansas City, MO
`
` UNITED STATES PATENT AND TRADEMARK OFFICE
`
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`Page 1
`
`MEDTRONIC, INC., MEDTRONIC )
`
`VASCULAR, INC., and )
`
`MEDTRONIC COREVALVE, LLC, )
`
` )
`
` Petitioner, )
`
` )
`
` vs. ) No. IPR2014-00110
`
` ) No. IPR2014-00111
`
`TROY R. NORRED, M.D., ) Patent 6,482,228
`
` )
`
` Patent Owner. )
`
` THE DEPOSITION OF TIMOTHY TITUS
`
`CATCHINGS, M.D., a Witness, taken on behalf of
`
`the Petitioner, before Alison A. Tracy, Missouri
`
`CCR No. 554, pursuant to Notice on the 7th day of
`
`October, 2014, at 10:08 a.m., at the Law Offices
`
`of Bartle & Marcus, 1100 Main Street, Suite 2730,
`
`Kansas City, Missouri.
`
`Alderson Reporting Company
`1-800-FOR-DEPO
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`Medtronic, Medtronic Vascular,
`and Medtronic CoreValve
`Exhibit 1009 - Page 1
`
`
`
`Timothy Titus Catchings, M.D.
`
`October 7, 2014
`
`Kansas City, MO
`
` A P P E A R A N C E S
`
`Page 2
`
`FOR THE PETITIONER:
`
` Mr. Jack S. Barufka
`
` PILLSBURY WINTHROP SHAW PITTMAN, LLP
`
` 1600 Tysons Boulevard, 14th Floor
`
` McLean, Virginia 22102
`
` 703.770.7900
`
` barufka@pillsburylaw.com
`
` and
`
` Mr. Evan Finkel
`
` PILLSBURY WINTHROP SHAW PITTMAN, LLP
`
` 725 South Figueroa Street, Suite 2800
`
` Los Angeles, California 90017
`
` 213.488.7100
`
` evan.finkel@pillsburylaw.com
`
`ALSO PRESENT:
`
` Mr. Sean Edman
`
` Principal Patent Counsel
`
` MEDTRONIC
`
` 8200 Coral Sea Street NE, MVS76
`
` Mounds View, Minnesota 55112
`
` 763.505.8418
`
` sean.edman@medtronic.com
`
`Alderson Reporting Company
`1-800-FOR-DEPO
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`Medtronic, Medtronic Vascular,
`and Medtronic CoreValve
`Exhibit 1009 - Page 2
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`
`
`Timothy Titus Catchings, M.D.
`
`October 7, 2014
`
`Kansas City, MO
`
` A P P E A R A N C E S (Continued)
`
`Page 3
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`FOR THE PATENT OWNER:
`
` Mr. David L. Marcus
`
` BARTLE & MARCUS, LLC
`
` 1100 Main Street, Suite 2730
`
` Kansas City, Missouri 64105
`
` 816.256.4699
`
` david.marcus@pobox.com
`
` and
`
` Mr. James J. Kernell
`
` ERICKSON, KERNELL, DERUSSEAU & KLEYPAS, LLC
`
` 8900 State Line Road, Suite 500
`
` Leawood, Kansas 66206
`
` 913.549.4700
`
` jkernell@kcpatentlaw.com
`
`ALSO PRESENT: Dr. Troy Norred
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`Alderson Reporting Company
`1-800-FOR-DEPO
`
`Medtronic, Medtronic Vascular,
`and Medtronic CoreValve
`Exhibit 1009 - Page 3
`
`
`
`Timothy Titus Catchings, M.D.
`
`October 7, 2014
`
`Kansas City, MO
`
` I N D E X
`
`Page 4
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`WITNESS: PAGE:
`
` Timothy Titus Catchings, M.D.
`
`EXAMINATION BY MR. BARUFKA 6
`
`EXAMINATION BY MR. MARCUS 227
`
`EXAMINATION BY MR. BARUFKA 264
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` E X H I B I T S
`
`NO.: DESCRIPTION: PAGE:
`
`1-A: Porcine valve illustrations 57
`
`1-B: Aortic Valve information from
`
` sts.org 73
`
`1-C: Opened and unrolled drawing
`
` of aortic valve, drawn by witness 116
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`1-D: Drawing 117
`
`1-E: Drawing 160
`
`1001: U.S. Patent 6,482,228 82
`
`1003: DiMatteo Patent 189
`
`1006: Wolfe Patent 225
`
`1009: Schreck Patent 218
`
`2095: Dr. Catchings Declaration in
`
` IPR2014-00110 19
`
`2099: Leonhardt Patent 202
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`Alderson Reporting Company
`1-800-FOR-DEPO
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`Medtronic, Medtronic Vascular,
`and Medtronic CoreValve
`Exhibit 1009 - Page 4
`
`
`
`Timothy Titus Catchings, M.D.
`
`October 7, 2014
`
`Kansas City, MO
`
`Page 5
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` E X H I B I T S
`
`NO.: DESCRIPTION: PAGE:
`
`2123: Bailey Patent 209
`
`2129: Illustration of Schreck valve 249
`
`2130: Illustration of Schreck valve 250
`
`2131: Illustration 250
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`2132: Illustration of DiMatteo valve 245
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`2133: Illustration 247
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`2134: Illustration 247
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`2136: Illustration of Bailey valve 239
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`2137: Illustration of Bailey valve 239
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`2138: Illustration of malalignment of
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` Leaflets 243
`
`2139: Illustration of Leonhardt valve 256
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`2140: Illustration of Leonhardt valve 257
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`2141: Illustration of Leonhardt valve 259
`
`2195: Dr. Timothy Catchings Declaration
`
` In IPR2014-00111 20
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`Alderson Reporting Company
`1-800-FOR-DEPO
`
`Medtronic, Medtronic Vascular,
`and Medtronic CoreValve
`Exhibit 1009 - Page 5
`
`
`
`Timothy Titus Catchings, M.D.
`
`October 7, 2014
`
`Kansas City, MO
`
`Page 6
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` TIMOTHY TITUS CATCHINGS, M.D.,
`
`a witness, being first duly sworn, testified
`
`under oath as follows:
`
` EXAMINATION
`
`BY MR. BARUFKA:
`
` Q. Hi, Dr. Catchings. Is it okay if I call
`
`you Dr. Catchings?
`
` A. That's fine, thanks.
`
` Q. Do you know why you here today?
`
` A. Yes.
`
` Q. For the record, this is the deposition
`
`of Dr. Timothy Catchings in IPR 2014-00110 and
`
`IPR2014-00111, both titled Medtronic, Inc.,
`
`Medtronic Vascular, Inc., and Medtronic
`
`CoreValve, LLC, versus Troy R. Norred, M.D.
`
` Dr. Catchings, please state your full
`
`name for the record.
`
` A. Timothy Titus Catchings.
`
` Q. And what is your current home address?
`
` A. 1610-A Screven Avenue, Waycross,
`
`Georgia.
`
` Q. Your current home phone number, please?
`
` A. Area code (573)268-7451.
`
` Q. And what is your cell phone number?
`
` A. That's one in the same.
`
`Alderson Reporting Company
`1-800-FOR-DEPO
`
`Medtronic, Medtronic Vascular,
`and Medtronic CoreValve
`Exhibit 1009 - Page 6
`
`
`
`Timothy Titus Catchings, M.D.
`
`October 7, 2014
`
`Kansas City, MO
`
`Page 7
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` Q. One in the same. Thank you. What is
`
`your E-mail address?
`
` A. Catchings.timothy@mayo.edu.
`
` Q. Have you ever been deposed before?
`
` A. Yes.
`
` Q. In what context?
`
` A. For a divorce, I'm divorced; for a
`
`malpractice suit for a Medicare fraud that was
`
`brought against a hospital that I worked, and
`
`civil suit also brought against that same
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`hospital where I worked.
`
` Q. Can you tell me a little bit more about
`
`the malpractice suit.
`
` A. That was, that was the only malpractice
`
`suit I have had. It was filed in the University
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`of Missouri, I believe settled in 2004 or 3. I
`
`was an attending cardiologist, patient that had
`
`coughing up blood, hemoptysis, respiratory
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`failure, had been taken to the operating room to
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`have a biopsy done and it was unstable, couldn't
`
`be done.
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` I attempted a bronchoscopy, I'm also a
`
`pulmonary physician, to take a piece of the tumor
`
`inside the lung. The patient bled and had a
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`cardiac arrest, was resuscitated but ultimately
`
`Alderson Reporting Company
`1-800-FOR-DEPO
`
`Medtronic, Medtronic Vascular,
`and Medtronic CoreValve
`Exhibit 1009 - Page 7
`
`
`
`Timothy Titus Catchings, M.D.
`
`October 7, 2014
`
`Kansas City, MO
`
`Page 8
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`died during the hospitalization. The family
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`alleged that while they gave permission for the
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`bronchoscopy, they did not give permission for
`
`the biopsy. And the University is self-insured
`
`and they settled out of court.
`
` Q. Okay. Was it a confidential settlement
`
`or is it a public record as to what the
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`settlement was?
`
` A. You know, I don't know for sure. I
`
`assume it is confidential. I don't know for
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`sure.
`
` Q. Some payment was made?
`
` A. Some payment was made.
`
` Q. Have you ever given testimony in court?
`
` A. Yes.
`
` Q. In what context?
`
` A. I was a witness on two occasions, both
`
`were murder trials. I was a critical care
`
`physician taking care of a patient who received a
`
`gunshot wound to the chest and ultimately died
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`and I was asked to give testimony as to the cause
`
`of death. During my residency with the U.S. Navy
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`one of my patients had an overdose of a
`
`controlled substance; and after he was released,
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`healthy, he murdered another shipmate, so I
`
`Alderson Reporting Company
`1-800-FOR-DEPO
`
`Medtronic, Medtronic Vascular,
`and Medtronic CoreValve
`Exhibit 1009 - Page 8
`
`
`
`Timothy Titus Catchings, M.D.
`
`October 7, 2014
`
`Kansas City, MO
`
`Page 9
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`testified at a, I guess it was a Court Martial
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`hearing.
`
` Q. Have you ever testified in anything
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`relating to medical devices?
`
` A. No.
`
` Q. We are going to get into the meat of
`
`this and I just want to go over some ground rules
`
`with you. I'm going to ask a series of questions
`
`relating to the technologies involved in this
`
`patent and the technology in general that you
`
`have testified to in your declaration. If you
`
`don't understand a question, let me know and I
`
`will try to rephrase it. If you need a question
`
`repeated, the court reporter can read it back to
`
`you. But please answer everything audibly, yes
`
`or no. We can't record head nods or that sort of
`
`thing.
`
` From time to time you might hear your
`
`attorney object to a question that I ask. You
`
`are still going to be required to answer that
`
`question in those instances unless your attorney
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`specifically instructs you not to answer for
`
`purposes of privilege or something of that nature
`
`and in that instance we may need to call the
`
`judge to see whether or not you will be required
`
`Alderson Reporting Company
`1-800-FOR-DEPO
`
`Medtronic, Medtronic Vascular,
`and Medtronic CoreValve
`Exhibit 1009 - Page 9
`
`
`
`Timothy Titus Catchings, M.D.
`
`October 7, 2014
`
`Kansas City, MO
`
`Page 10
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`to answer. But generally if your attorney
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`objects, you will still need to answer the
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`question. Is that clear?
`
` A. Understood.
`
` Q. If you need a break, please let me know.
`
`Before the break you will need to answer any
`
`pending question, so you can't take a break in
`
`the middle of a question. And you are under
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`oath; and intentionally not telling the truth is
`
`a crime called perjury. You understand that,
`
`correct?
`
` A. I understand.
`
` Q. Are you currently under any medication
`
`that may impact your ability to fully and
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`truthfully answer my questions?
`
` A. No.
`
` Q. Is there anything else that you feel may
`
`impact your ability to fully and truthfully
`
`answer my questions here today?
`
` A. No.
`
` Q. I also want to make sure that you
`
`understand that you are not permitted to discuss
`
`your testimony at all with your attorney or
`
`anyone else at breaks that we may take throughout
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`the course of the day in your deposition, and
`
`Alderson Reporting Company
`1-800-FOR-DEPO
`
`Medtronic, Medtronic Vascular,
`and Medtronic CoreValve
`Exhibit 1009 - Page 10
`
`
`
`Timothy Titus Catchings, M.D.
`
`October 7, 2014
`
`Kansas City, MO
`
`Page 11
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`that includes lunch breaks, until my examination
`
`of you has been entirely completed. Is that
`
`okay?
`
` MR. MARCUS: I will object to that.
`
`I don't believe that's an accurate instruction.
`
`You are obviously free to instruct the witness
`
`how you choose. Whether or not he and I can
`
`discuss particular aspects of his testimony, he
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`and I can discuss within the confines of the
`
`attorney/client privilege. But go ahead.
`
` MR. FINKEL: The rules specifically
`
`provide that you can't do that.
`
` MR. MARCUS: Again, I object. You
`
`can continue.
`
` MR. BARUFKA: Well, okay, but the
`
`issue is whether you are going to proceed in that
`
`manner. And, if not, then we should have a call
`
`with the court.
`
` MR. MARCUS: If you want to call,
`
`you are free to call.
`
` MR. BARUFKA: Why don't we do that.
`
`Do you want to look at that and I will continue
`
`and then we will take a break when we get the
`
`number.
`
` MR. MARCUS: You are free to do
`
`Alderson Reporting Company
`1-800-FOR-DEPO
`
`Medtronic, Medtronic Vascular,
`and Medtronic CoreValve
`Exhibit 1009 - Page 11
`
`
`
`Timothy Titus Catchings, M.D.
`
`October 7, 2014
`
`Kansas City, MO
`
`Page 12
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`whatever you want. My suggestion would be, you
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`don't have a definitive issue upon which you can
`
`ask for a ruling. But if you would like to --
`
` MR. BARUFKA: Yes, I believe it is
`
`a definitive issue.
`
` MR. MARCUS: When you say he cannot
`
`discuss his testimony, certainly you would
`
`acknowledge that there are aspects of your
`
`inquiry which touch upon the attorney/client
`
`privilege which still applies to these
`
`proceedings. So should he wish to inquire
`
`whether or not a particular question encroaches
`
`on the attorney/client privilege, I think he is
`
`entitled to ask that question of his attorney.
`
`So I believe that your prior instruction to him
`
`is overly broad.
`
` MR. BARUFKA: So phrased exactly
`
`how you would couch the issue? What kind of
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`questions would you say that he can ask you; just
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`whether or not something is covered by the
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`attorney/client privilege and that's it?
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` MR. MARCUS: Again, the problem is
`
`my objection is your instruction to him as to
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`what he could or could not talk to me about is
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`overly broad. That's my objection. If you want
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`Alderson Reporting Company
`1-800-FOR-DEPO
`
`Medtronic, Medtronic Vascular,
`and Medtronic CoreValve
`Exhibit 1009 - Page 12
`
`
`
`Timothy Titus Catchings, M.D.
`
`October 7, 2014
`
`Kansas City, MO
`
`Page 13
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`to call the panel based on that objection, you
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`are obviously free to. There is not a particular
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`question pending of the witness so I'm not sure
`
`exactly what you would ask the panel. But of
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`course you are free to get clarification of that
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`generalized objection.
`
` MR. FINKEL: The question will
`
`arise if we take a break and you talk to the
`
`witness. So if you are telling us definitively
`
`that you reserve the right to talk to the witness
`
`at breaks, then we have an existing issue. If
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`you are telling me you will talk to us before you
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`talk to the witness and say we are going to ask
`
`you X, Y and Z.
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` MR. MARCUS: I can tell you
`
`definitively we will talk. Whether that's going
`
`to concern something which is his prior
`
`testimony, I mean again that's going to depend
`
`upon what the question is. My concern with what
`
`Mr. Barufka said was, his counsel to the witness
`
`I felt was overly -- I felt it was an overly
`
`broad pronouncement of what the rule is, that's
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`why I objected. I objected for the record and
`
`I'm not withdrawing that objection. If it comes
`
`to a point where there is a specific inquiry you
`
`Alderson Reporting Company
`1-800-FOR-DEPO
`
`Medtronic, Medtronic Vascular,
`and Medtronic CoreValve
`Exhibit 1009 - Page 13
`
`
`
`Timothy Titus Catchings, M.D.
`
`October 7, 2014
`
`Kansas City, MO
`
`Page 14
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`want to make about hey, did you talk to the
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`witness and what did you talk about, that's a
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`different issue, and then I think we get into
`
`okay, what are the parameters. I felt like the
`
`instruction itself is just broader than.
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` MR. FINKEL: It has become a
`
`chicken and the egg problem.
`
` MR. MARCUS: I think the chicken
`
`was first.
`
` MR. FINKEL: Bottom line is, you
`
`take a break, let's play it out then we will call
`
`the board. You play it out, you take a break,
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`you talk to the witness, he comes back, Jack asks
`
`the question, "Did you talk to your attorney
`
`about your deposition testimony?" "Yes." "What
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`did you talk about?" "Objection, attorney/client
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`privilege." Well of course you are going to
`
`claim privilege for any of your conversations.
`
`So then what happens?
`
` MR. MARCUS: Then I think if that
`
`would occur, I think that would be a proper call
`
`to the board, because then at that point you can
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`inquire whether the substance of our conversation
`
`encroached upon matters which we are not supposed
`
`to talk about during the break. My concern is I
`
`Alderson Reporting Company
`1-800-FOR-DEPO
`
`Medtronic, Medtronic Vascular,
`and Medtronic CoreValve
`Exhibit 1009 - Page 14
`
`
`
`Timothy Titus Catchings, M.D.
`
`October 7, 2014
`
`Kansas City, MO
`
`Page 15
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`clearly get to talk -- we are talking in circles.
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`I clearly get to talk to the Doctor about aspects
`
`of what happens here today. Privilege is the
`
`best example I can think of where if you ask a
`
`question and we think for some reason there is a
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`privilege attached to it, I think we get to talk
`
`about that issue so he knows whether or not he
`
`can answer a question.
`
` But beyond that, it is hard to imagine
`
`all of the hypothetical situations which could
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`arise where we get to talk. I don't like the
`
`fact that that prior instruction -- it seemed
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`broad to me. I think it was a little bit too
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`broad. It is kind of a chicken and egg problem.
`
`I guess if you want to -- we are on the record,
`
`aren't we? Do whatever you want to do. My
`
`suggestion is why don't you go ahead, and then if
`
`we get to a point where it becomes an issue, then
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`we can call and have the board rule on a specific
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`question. That might make it more clean.
`
` MR. BARUFKA: I prefer to have an
`
`understanding up front, if you could agree to
`
`that, that's fine, that you cannot discuss his
`
`testimony that he has provided to this point at
`
`any break.
`
`Alderson Reporting Company
`1-800-FOR-DEPO
`
`Medtronic, Medtronic Vascular,
`and Medtronic CoreValve
`Exhibit 1009 - Page 15
`
`
`
`Timothy Titus Catchings, M.D.
`
`October 7, 2014
`
`Kansas City, MO
`
`Page 16
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` MR. MARCUS: Now that's not what
`
`your counsel to him was. That's not what your
`
`instruction to him was. That's a different --
`
` MR. BARUFKA: You can talk to him
`
`about the baseball game, that's okay.
`
` MR. MARCUS: Well, go ahead. You
`
`can do whatever. If you want to call the board,
`
`we can call them. If you want to keep going -- I
`
`thought you were just saying we can't talk about
`
`his -- now you said testimony which he has
`
`provided. That's different than testimony -- if
`
`you haven't asked him a question yet, if there is
`
`no question pending, if there is an area that
`
`hasn't been covered yet, I think we can talk
`
`about that. And that's not what --
`
` MR. FINKEL: It is treated like a
`
`trial. The witness takes the stand, he is not
`
`allowed to talk to his counsel at breaks
`
`regarding --
`
` MR. MARCUS: You are entitled to
`
`inquire of him about what he said or --
`
` MR. FINKEL: We are done. Just
`
`continue. We will take care of it.
`
` Q. (By Mr. Barufka) I'm looking at my
`
`question. I don't think it was as broad as you
`
`Alderson Reporting Company
`1-800-FOR-DEPO
`
`Medtronic, Medtronic Vascular,
`and Medtronic CoreValve
`Exhibit 1009 - Page 16
`
`
`
`Timothy Titus Catchings, M.D.
`
`October 7, 2014
`
`Kansas City, MO
`
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`say. Okay.
`
` Are you being paid for your testimony
`
`Page 17
`
`here today?
`
` A. No.
`
` Q. Then for what purpose are you here?
`
` A. I'm here to give a position on behalf of
`
`Dr. Norred in support of his patent.
`
` Q. Have you received any compensation at
`
`all regarding this proceeding regarding Dr.
`
`Norred's patent?
`
` A. Hotel bill was paid for.
`
` Q. Have you received any compensation from
`
`Dr. Norred for anything else besides this
`
`testimony?
`
` A. No.
`
` Q. How much time have you spent preparing
`
`for your testimony?
`
` A. I would estimate between 30 and 40
`
`hours.
`
` Q. Does that include the time that it took
`
`to prepare the declaration that you submitted?
`
` A. Yes.
`
` Q. So between 30 and 40 hours between the
`
`declaration and your preparation here today?
`
` A. Yes. I'm not counting travel or
`
`Alderson Reporting Company
`1-800-FOR-DEPO
`
`Medtronic, Medtronic Vascular,
`and Medtronic CoreValve
`Exhibit 1009 - Page 17
`
`
`
`Timothy Titus Catchings, M.D.
`
`October 7, 2014
`
`Kansas City, MO
`
`Page 18
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`sleeping over in the hotel, and that's just my
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`rough estimate.
`
` Q. Okay. So you have no financial interest
`
`in this matter whatsoever?
`
` A. None.
`
` Q. Tell me what you did to prepare for your
`
`deposition today.
`
` A. Reviewed patents that were provided for
`
`me, previous patents. I reviewed the patent of
`
`Dr. Norred, I reviewed his declaration. I spoke
`
`with the attorneys here and met with them on a
`
`previous occasion, and had certain phone
`
`conversations with them.
`
` Q. How many interactions would you say you
`
`had?
`
` A. With the attorneys, or Dr. Norred, or
`
`everyone?
`
` Q. Both. Well, first I guess the attorneys
`
`first.
`
` A. Again, forgive me, I didn't keep a
`
`running record of that.
`
` Q. Just approximately.
`
` A. I would say five, six phone calls and
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`personal meeting. Not counting yesterday.
`
`Yesterday maybe -- five to six, rough estimate.
`
`Alderson Reporting Company
`1-800-FOR-DEPO
`
`Medtronic, Medtronic Vascular,
`and Medtronic CoreValve
`Exhibit 1009 - Page 18
`
`
`
`Timothy Titus Catchings, M.D.
`
`October 7, 2014
`
`Kansas City, MO
`
`Page 19
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` Q. And with Dr. Norred?
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` A. It is difficult to answer. We have had
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`conversations throughout the years about his
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`patent, but lately I would say 20, 30
`
`conversations. Some of this would come up in
`
`general conversation we would have about other
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`things, like our practice and families and things
`
`of that nature.
`
` Q. I hand you here, this is Exhibit 2095
`
`which is a copy of your declaration in
`
`IPR2014-00110. Do you recognize the document?
`
` A. Yes, I do.
`
` Q. Is that your signature on Page 20, I
`
`believe?
`
` A. It is.
`
` Q. Did you sign the declaration on July 14,
`
`2014 as indicated on Page 20?
`
` A. Yes.
`
` Q. And did you believe that all of the
`
`statements in the declaration were true and
`
`correct at the time you signed the declaration?
`
` A. I did.
`
` Q. As we sit here today, do you continue to
`
`believe that all of the statements in the
`
`declaration are true and correct?
`
`Alderson Reporting Company
`1-800-FOR-DEPO
`
`Medtronic, Medtronic Vascular,
`and Medtronic CoreValve
`Exhibit 1009 - Page 19
`
`
`
`Timothy Titus Catchings, M.D.
`
`October 7, 2014
`
`Kansas City, MO
`
`Page 20
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` A. I do.
`
` Q. Also now handing you Petitioner Exhibit
`
`2195 which is a copy of your declaration in
`
`IPR2014-00111. Do you recognize the document?
`
` A. Yes.
`
` Q. Is that your signature again on Page 20?
`
` A. Yes.
`
` Q. And did you sign the declaration on July
`
`14, 2014 as indicated on Page 20?
`
` A. Yes.
`
` Q. Would you agree that the two
`
`declarations that I just handed you, one for the
`
`110 IPR and the one for the 111 IPR are identical
`
`other than they refer to the different IPR
`
`numbers and have different exhibit numbers?
`
` A. I would have to look through
`
`line-by-line to see.
`
` Q. Please, take a minute. Do you recall,
`
`when you were preparing these, whether you
`
`essentially used the same document for both, or
`
`do you recall whether you had differences when
`
`you were preparing these?
`
` A. To be honest with you, I don't know if
`
`there is a difference between these two. I
`
`assume they were the same; but since they have
`
`Alderson Reporting Company
`1-800-FOR-DEPO
`
`Medtronic, Medtronic Vascular,
`and Medtronic CoreValve
`Exhibit 1009 - Page 20
`
`
`
`Timothy Titus Catchings, M.D.
`
`October 7, 2014
`
`Kansas City, MO
`
`Page 21
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`different exhibit numbers, I can't guarantee.
`
` Q. Didn't you prepare them?
`
` A. I did. But you gave me two different
`
`documents.
`
` Q. They were both ones that you had
`
`prepared, correct?
`
` A. My signature is on both. I assume I
`
`did. But again, I was given two different
`
`documents. I want to make sure there is not an
`
`error between the two.
`
` Q. So you don't recollect whether you just
`
`used the same document for both proceedings?
`
` MR. MARCUS: Excuse me. Do you
`
`still want him to answer whether these are the
`
`same, whether you have handed him documents which
`
`differ between the two of them? I guess is that
`
`question still pending?
`
` MR. BARUFKA: Yes.
`
` MR. MARCUS: So in that case, if
`
`you need to review these to compare.
`
` MR. FINKEL: No speaking
`
`objections, please.
`
` MR. MARCUS: Who is taking the
`
`deposition?
`
` MR. BARUFKA: I'm taking it.
`
`Alderson Reporting Company
`1-800-FOR-DEPO
`
`Medtronic, Medtronic Vascular,
`and Medtronic CoreValve
`Exhibit 1009 - Page 21
`
`
`
`Timothy Titus Catchings, M.D.
`
`October 7, 2014
`
`Kansas City, MO
`
`1
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` MR. MARCUS: Then you don't need to
`
`Page 22
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`talk.
`
` MR. FINKEL: I can talk.
`
` MR. MARCUS: Then I can speak.
`
` MR. FINKEL: The rule says no
`
`speaking objection. We appreciate if you comply
`
`with the rules.
`
` MR. MARCUS: Okay. There is
`
`multiple questions pending and this witness asked
`
`for an opportunity to review these documents to
`
`see what he has been asked.
`
` MR. FINKEL: And he is entitled to
`
`but he is not entitled to hear your speaking
`
`objections.
`
` MR. MARCUS: He was being peppered
`
`with additional questions.
`
` MR. FINKEL: Then make an
`
`objection, that's it.
`
` MR. MARCUS: I just did.
`
` MR. FINKEL: Not a speaking
`
`objection.
`
` MR. MARCUS: If I don't speak, how
`
`can I get it in the record?
`
` MR. BARUFKA: Objection is fine.
`
` A. Would you repeat the question?
`
`Alderson Reporting Company
`1-800-FOR-DEPO
`
`Medtronic, Medtronic Vascular,
`and Medtronic CoreValve
`Exhibit 1009 - Page 22
`
`
`
`Timothy Titus Catchings, M.D.
`
`October 7, 2014
`
`Kansas City, MO
`
`Page 23
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` Q. (By Mr. Barufka) The question is
`
`whether the contents of each of those two
`
`declarations that I have handed you are identical
`
`except for the references on the front which
`
`indicate the different proceeding numbers, the
`
`Exhibit numbers and --
`
` A. I understand now. I understand. I'm
`
`sorry. Forgive me. I'm a little nervous about
`
`doing this. I don't want to make any errors. I
`
`have been through a divorce deposition. You
`
`never know when someone is trying to trip you up.
`
`I'm sorry, I just want to be correct.
`
` MR. BARUFKA: Can you tell how much
`
`time has gone by?
`
` THE COURT REPORTER: Eight minutes.
`
` Q. (By Mr. Barufka) Eight minutes and we
`
`are on Page 14. Can we assume for the record
`
`then that -- I will just assume for the record
`
`then that the declarations are the same?
`
` A. I haven't found any differences in the
`
`two.
`
` Q. Okay. What page are you up to so far?
`
` A. 15.
`
` Q. Okay. So why don't we just assume that
`
`they are the same and I will just refer to
`
`Alderson Reporting Company
`1-800-FOR-DEPO
`
`Medtronic, Medtronic Vascular,
`and Medtronic CoreValve
`Exhibit 1009 - Page 23
`
`
`
`Timothy Titus Catchings, M.D.
`
`October 7, 2014
`
`Kansas City, MO
`
`1
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`declaration from 110, the 110 IPR for ease of
`
`Page 24
`
`reference. Is that okay?
`
` A. Sure.
`
` Q. So given that you were reviewing that
`
`line for line, I guess you prepared this
`
`declaration less than seven months ago, is that
`
`correct?
`
` A. Yes.
`
` Q. Do you recall printing it off?
`
` A. Printing it off in?
`
` Q. Do you recall printing the declaration
`
`yourself?
`
` A. I didn't print it myself, no.
`
` Q. Did you prepare the declaration
`
`yourself?
`
` A. I did.
`
` Q. Did you have any assistance?
`
` A. Yes.
`
` Q. So you prepared the first draft?
`
` A. Yes.
`
` Q. How was it prepared? What was the
`
`procedure?
`
` A. I prepared the draft, worked with, by
`
`E-mail communication with Mr. Marcus. We made
`
`changes, went back and forth, he would E-mail me
`
`Alderson Reporting Company
`1-800-FOR-DEPO
`
`Medtronic, Medtronic Vascular,
`and Medtronic CoreValve
`Exhibit 1009 - Page 24
`
`
`
`Timothy Titus Catchings, M.D.
`
`October 7, 2014
`
`Kansas City, MO
`
`Page 25
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`changes and I would print them off. And we
`
`finally, we made a final, I guess, draft copy,
`
`final copy that I received before the 14th of
`
`July. That was the one that I reviewed and I had
`
`signed in front of a notary and sent back to him
`
`by Fed Ex.
`
` Q. So you worked together while you signed
`
`the document?
`
` A. Not in his presence, no.
`
` Q. So when did you get the document from
`
`him?
`
` A. He had sent the final draft to me by
`
`E-mail. I printed it off on my printer at work
`
`and then took it to a notary.
`
` Q. So you did print them?
`
` A. Yes.
`
` Q. And you read them?
`
` A. Yes.
`
` Q. And did you not realize at the time that
`
`they were identical or virtually identical?
`
` A. I'm not sure what you mean. I sent
`
`him -- I did not retain a copy of the
`
`declaration. The copy that I printed off I sent
`
`back to him after it was notarized.
`
` Q. You indicated that you read them both,
`
`Alderson Reporting Company
`1-800-FOR-DEPO
`
`Medtronic, Medtronic Vascular,
`and Medtronic CoreValve
`Exhibit 1009 - Page 25
`
`
`
`Timothy Titus Catchings, M.D.
`
`October 7, 2014
`
`Kansas City, MO
`
`Page 26
`
`1
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`25
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`right?
`
` A. Both meaning?
`
` Q. Both declarations, the one in the 110
`
`IPR and the one in the 111 IPR. Or was it just a
`
`single declaration?
`
` A. The last declaration I sent back to him
`
`was the only one that I know of. And to be
`
`honest with you, I'm not sure which one of these
`
`it is. If they are the same, I assume they are
`
`the same. My signatures is on both.
`
` Q. Do you believe that this was just a
`
`single declaration?
`
` A. Yes.
`
` Q. So it is just one document that you
`
`signed once?
`
` A. There was one document that I signed and
`
`notarized, that's correct.
`
` Q. Then I'm just curious why you were
`
`comparing the two documents if you knew that
`
`there was just one that you had signed?
`
` A. Well, you gave me two different
`
`documents and I wanted to make sure that nothing
`
`else was put in or changed. I'm not sure. I
`
`thought it was rather odd that I would be given
`
`two documents to read if they were the same.
`
`Alderson Reporting Company
`1-800-FOR-DEPO
`
`Medtronic, Medtronic Vascular,
`and Medtronic CoreValve
`Exhibit 1009 - Page 26
`
`
`
`Timothy Titus Catchings, M.D.
`
`October 7, 2014
`
`Kansas City, MO
`
`Page 27
`
`1
`
`2
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`3
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`25
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` Q. Okay. So tell me a little bit more
`
`about why you prepared the
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