`Tel: 571-272-7822
`
`Paper 24
`Entered: October 9, 2014
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`MEDTRONIC, INC., MEDTRONIC VASCULAR, INC., AND
`MEDTRONIC COREVALVE, LLC,
`Petitioner,
`
`v.
`
`TROY R. NORRED, M.D.,
`Patent Owner.
`
`
`Case IPR2014-00110 and
`IPR2014-001111
`Patent 6,482,228 B1
`
`
`
`
`
`
`
`
`
`Before SHERIDAN K. SNEDDEN, BARRY L. GROSSMAN, and
`MITCHELL G. WEATHERLY, Administrative Patent Judges.
`
`GROSSMAN, Administrative Patent Judge.
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`A conference call was conducted on October 8, 2014, during which
`counsel for Petitioner, Mr. Finkel, and counsel for Patent Owner, Mr.
`Marcus, appeared before Administrative Patent Judges Grossman and
`
`
`1 We use this caption in this paper to indicate that this Order is to be entered
`in both trials. The parties are not authorized to use this caption.
`
`
`
`IPR2014-00110 and
`IPR2014-00111
`Patent 6,482,228 B1
`
`Snedden. Petitioner initiated the call to obtain guidance regarding the scope
`of Patent Owner’s questions on re-direct examination of a deposition
`witness, Dr. Troy Norred. A court reporter transcribed the telephone
`conference.
`Counsel for Petitioner, Mr. Finkel, questioned the witness about
`Exhibits 2001 and 2002 in IPR2014-00110 and the corresponding exhibits,
`Exhibits 2101 and 2102, in IPR2014-00111. On re-direct examination of the
`witness, Mr. Marcus questioned the witness about Exhibit 2003 in IPR2014-
`00110 and the corresponding exhibit, Exhibit 2103, in IPR2014-00111. Mr.
`Finkel objected to the use of Exhibits 2003 and 2103 as being beyond the
`scope of the cross-examination testimony of Dr. Norred. Mr. Finkel also
`objected to the lack of authentication of Exhibit 2003 (in IPR2014-00110)
`and Exhibit 2103 (in IPR2014-00111). Mr. Finkel brought this matter to our
`attention because he wanted to preclude testimony regarding Exhibits 2003
`and 2103.
`All exhibits identified above are exhibits in either IPR2014-00110 or
`IPR2014-00111, and thus have been proffered as evidence in the respective
`inter partes review. 37 C.F.R. § 42.63(a) (“Evidence consists of affidavits,
`transcripts of depositions, documents, and things. All evidence must be filed
`in the form of an exhibit.”) The fact that a document is an exhibit and thus
`is proffered as evidence, does not establish that the document is admissible
`or establish its probative value. It does establish, however, that the
`document is relevant for inquiry during a deposition.
`The cross-examination of Dr. Norred relied on Exhibits 2001, 2002,
`2101 and 2102. These exhibits are hand-drawn sketches, asserted to be by
`Dr. Norred, and asserted to relate to Dr. Norred’s development of the
`
`2
`
`
`
`IPR2014-00110 and
`IPR2014-00111
`Patent 6,482,228 B1
`
`invention described and claimed in Patent No. 6,482,228. Exhibits 2003 and
`2103 also are hand-drawn sketches, asserted to be by Dr. Norred, and
`asserted to relate to Dr. Norred’s development of the invention described
`and claimed in Patent No. 6,482,228. Exhibits 2003 and 2103 are relevant
`for inquiry during re-direct examination of Dr. Norred based on the scope of
`the cross-examination. Any objections to the questions asked of Dr. Norred
`during re-direct testimony or objections to Exhibits 2003 and 2103 made on
`the record during the deposition are preserved for later consideration, if
`necessary. 37 C.F.R. § 42.53(f)(3) (“Exhibits objected to shall be accepted
`pending a decision on the objection.”); see also § 42.53(f)(4), (8).
`
`ORDER
`
`For the reasons given, it is:
`ORDERED that Patent Owner’s counsel may obtain re-direct
`deposition testimony from Dr. Norred concerning Exhibit 2003 in IPR2014-
`00110 and Exhibit 2103 in IPR2104-00111 during the deposition held on
`October 8, 2014. Any objections to the questions asked of Dr. Norred
`during re-direct testimony or objections to Exhibits 2003 and 2103 made on
`the record during the deposition are preserved for later consideration, if
`necessary.
`FURTHER ORDERED that the parties shall file a transcript of the
`telephone conference in each of IPR2014-00110 and IPR2014-00111.
`
`
`3
`
`
`
`IPR2014-00110 and
`IPR2014-00111
`Patent 6,482,228 B1
`
`PETITIONER:
`
`Jack Barufka
`Evan Finkel
`PILLSBURY WINTHROP SHAW PITTMAN LLP
`jack.barufka@pillsburylaw.com
`evan.finkel@pillsburylaw.com
`
`PATENT OWNER:
`
`James J. Kernell
`ERICKSON KERNELL DERUSSEAU & KLEYPAS, LLC
`jjk@kcpatentlaw.com
`
`David L. Marcus
`BARTLE & MARCUS LLC
`dmarcus@bmlawkc.com
`
`4
`
`
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