NORRED EXHIBIT 2236 - Page 1
`Medtronic, Inc., Medtronic Vascular, Inc.,
`& Medtronic Corevalve, LLC
`v. Troy R. Norred, MD
`Case IPR2014-00111
`
`

`

`Alexander J. Hill
`
`12/5/2014
`Page: 2
`Page 5
`Page 7
`PAGE:
`
`1 EXHIBITS (CONTINUED):
`
`1 EXHIBITS:
`
`DESCRIPTION:
`
`
`
`196
`
`182
`
`192
`
`131—139
`
`**********
`(REPORTER'S NOTE: Original exhibits are attached
`to the original transcript.)
`
`2 Exhibit 2141 Diagram
`3 Exhibit 2198 U.S. Patent No. 6,440,164,
`4
`DiMatteo
`5 Exhibit 2199 U.S. Patent No. 5,957,949,
`5
`Leonhardt
`7 Exhibit 2213 U.S. Patent No. 4,030,142,
`3
`Wolfe
`9
`10
`11
`12
`13
`14
`15
`16
`17
`13
`19
`20
`21
`22
`
`23
`24
`25
`
`1
`
`ALEXANDER JOHN HILL,
`
`Page 8
`
`duly sworn, was examined and testified as follows:
`EXAMINATION
`
`2
`3
`4 BY MR. MARCUS:
`5
`Q
`What‘s your name?
`5
`A
`Alexander John Hill.
`7
`Q What's your address?
`3
`A
`Work address or home address?
`
`Let's do home address first.
`4430 — 118th Avenue Northeast in Blaine,
`
`And your work address?
`8200 Coral Sea Street Northeast in Mounds View,
`
`
`
`2 Exhibit 2224 Article "Anatomy of the aortic
`3
`root: Implications for valve—sparing
`4
`surgery" by Charitos and Sievers
`5 Exhibit 2225 Excerpt from book Heart Valves
`5
`From Design to Clinical Implantation
`7 Exhibit 2226 Excerpts from book The Aortic
`3
`Valve by Mano ‘I‘hubrikar
`9 Exhibit 2227 Medtronic Press Release
`10
`"Medtronic CoreValve® System Obtains Early
`11
`FDA Approval on Exceptional Clinical
`12
`Performance"
`13 Exhibit 2228 CoreValve US Important Safety
`14
`Information
`15 Exhibit 2229 U.S. Patent No. 8,323,336 of
`16
`Hill, Prosthetic Heart Valve Devices and
`17
`Methods of Valve Replacement
`13 Exhibit 2230 Colored photocopy of photo
`19
`labeled "Aortic Valve"
`20 Exhibit 2231 Colored photocopy of photo
`21
`labeled "Aortic Valve" with cusps and
`22
`annulus also labeled
`
`23 Exhibit 2232 Printout from University of
`24
`Minnesota website of mitral and aortic
`25
`valves
`
`41
`
`45
`
`65
`
`75
`
`81
`
`96
`
`122
`
`123
`
`125
`
`1 EXHIBITS (CONTINUED):
`
`Page 6
`
`from University of
`2 Exhibit 2233 Printout
`3
`Minnesota website of Chordae Tendineae
`4 Exhibit 2234
`2014 ESC Guidelines on the
`5
`diagnosis and treatment of aortic diseases 166
`6 Exhibit 2235 U.S. Patent No. 7,914,569, of
`7
`Nguyen, Heart Valve Prosthesis and Methods
`3
`of Manufacture and Use
`
`127
`
`181
`
`98—122
`
`148—157, 171
`
`71
`
`11, 43, 82
`
`
`
`
`
`
`
`Q
`9
`9
`A
`10
`10 PREVIOUSLY MARKED EXHIBITS REFERRED TO HEREIN:
`11 Minnesota.
`11 Exhibit 1001 U.S. Patent No. 6,482,228 Norred
`12
`Q
`12 Exhibit 1009 U.S. Patent No. 6,454,799,
`13
`A
`13
`Schreck
`14 Minnesota.
`14 Exhibit 1018 Declaration of Thomas
`And you're presently employed?
`15
`Q
`15
`Vassiliades, Jr., M.D.
`Yes.
`15
`A
`15 Exhibit 1026 Declaration of Alexander J.
`By whom are you employed?
`17
`Q
`17
`Hill, Ph.D.
`Medtronic.
`18
`A
`18 Exhibit 2003 Hand drawn diagram of ascending
`Is that Medtronic, Inc.?
`19
`Q
`95
`19
`and descending aorta
`Medtronic.
`Incorporated. yes.
`20
`A
`177
`20 Exhibit 2129 Diagram of Schreck device
`21
`Q What's your position at Medtronic currently?
`178
`21 Exhibit 2130 Diagram of Schreck device
`22
`A
`I‘m a senior research manager.
`180
`22 Exhibit 2131 Diagram of Schreck device
`23
`Q
`And is that in any particular department?
`188
`23 Exhibit 2133 Diagram
`24 Exhibit 2139 Diagram
`195
`24
`A
`Yes.
`It's in Coronary and Structural Heart.
`25 Exhibit 2140 Diagram
`196
`25
`Q
`And does that —— in Coronary and Structural
`
`
`800-545-9668
`612-339-0545
`
`Paradigm Reporting & Captioning
`www.paradigmrep0rting.com
`
`#82 776
`
`NORRED EXHIBIT 2236 - Page 1
`
`NORRED EXHIBIT 2236 - Page 1
`
`

`

`Alexander J. Hill
`
`12/5/2014
`Page: 3
`Page 11
`MR. BARUFKA: Objection, outside the scope of
`1
`direct, and it's privileged —- potentially
`2
`privileged information, so confidential, privileged
`3
`information.
`4
`Q
`You can answer.
`5
`A
`My current work does not directly involve
`5
`7 CoreValve.
`Have you ever done any work in connection with
`3
`Q
`9 that product?
`10
`A
`I have.
`11
`Q
`Can you give me the years that you did work in
`12 connection with that product?
`13
`A
`Let‘s see.
`2009 to 2013,
`14 around there.
`
`Page 9
`1 Heart, is that within any department, or is that a
`2
`stand—alone?
`3
`A
`It's within the Cardiac and Vascular Group.
`4 It's a business unit within that group.
`5
`Q
`Okay.
`To whom do you report?
`5
`A
`Cindy Clague, C-l-a-g-u-e.
`7
`Q
`What is her title?
`3
`A
`Director Research.
`9
`Q
`And she is within your group?
`10
`A
`She's in the same business unit.
`11
`Q
`Okay.
`Do you report to anyone else?
`12
`A
`That's my direct line.
`I have other
`13 dotted—line relationships with other people, but she‘s my
`14 direct supervisor.
`
`And who do you have dotted—line
`Okay.
`Q
`15
`15 relationships with?
`17
`A
`Senior director of Research and Innovation,
`
`18 Matt Birdsall. and VP of Research and Innovation.
`19 Mike Colson.
`20
`Q
`And do you have people who report to you?
`21
`A
`I do.
`22
`Q
`And who are they?
`23
`A
`Jason Quill, Ph.D., Brian McHenry, 14.5.. and
`24 Mike Bateman. Ph.D.
`25
`Q
`Can you outline for us just in general terms
`
`Page 10
`
`I
`
`
`
`
`
`
`
`‘12 and—a—half,
`
`‘13,
`
`And we'll go over your employment history in a
`Q
`15
`15 minute, and we can address that in more detail. Before
`17 we do that, let me hand you a document marked
`
`18 Exhibit 1026. You've seen this document prior to today?
`19
`A
`Yes.
`20
`Q
`This is a declaration that you prepared for
`21 this matter?
`22
`A
`Yes.
`23
`Q
`And if you look at the back page of this,
`24 page 22,
`there is your signature there on the line at the
`25 bottom?
`
`Page 12
`
`Instruct
`
`
`
`
`
`Yes.
`A
`1
`1 your current duties and responsibilities?
`You were asked to prepare this by your
`Q
`2
`2
`A
`Without going into too much confidential
`3 employer, Medtronic, Inc.?
`3
`information,
`I am the core team leader of a transcatheter
`4
`A
`Yes.
`4 valve project, and I'm also the functional manager for a
`5
`Q
`Describe the manner in which you went about
`5 small subset of research and technology which focuses on
`5 preparing this document.
`5 anatomy and device characterization.
`7
`MR. BARUFKA: Objection, privileged.
`7
`Q
`What sorts of things just generally do you do
`3
`the witness not to answer.
`3
`in that position?
`9
`Q
`Okay. Did you draft this Exhibit 1026?
`9
`MR. BARUFKA: Objection, ambiguous.
`10
`MR. BARUFKA: Objection, privileged.
`Instruct
`Q
`10
`Go ahead.
`11
`the witness not to answer.
`the core team leader,
`A
`11
`50 in the first role,
`12
`Q
`Did you —— are you going to follow your
`12 lead the team. so I provide direction for the overall
`13 attorney‘s instruction?
`13 team across all functions in the development of that
`14
`A
`Yes.
`14 product.
`In the other role,
`I provide work direction and
`15
`Q
`You say here on the last page —— look at the
`15 career coaching and help develop employees essentially.
`15
`Q
`Do you currently have any role —— hands—on role 15 “Conclusion" heading.
`It says, paragraph 72, “I hereby
`17 in research and development of the device?
`17 declare that all statements made herein of my own
`18
`A
`Yes.
`18 knowledge are true."
`Do you see that?
`19
`Q
`And what's your role in connection with that?
`19
`A
`Uh-huh.
`20
`A
`So I'm -- in terms of the research and
`20
`Q
`That's a yes?
`21 development specifically.
`I participate in brainstorming
`21
`A
`I see it.
`22 sessions, participate in experiments to study the device
`22
`Q
`So I want to get a sense of what parts of this
`23 both on the bench and in other models.
`23 are your knowledge. Let's look at the first —— well,
`24
`Q
`Does your current work involve in any respect
`24 let's look at paragraph 3.
`Do you see paragraph 3?
`25 the CoreValve product?
`25
`A
`Yes,
`I do.
`
`
`800-545-9668
`612-339-0545
`
`Paradigm Reporting & Captioning
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`
`#82 776
`
`NORRED EXHIBIT 2236 - Page 2
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`NORRED EXHIBIT 2236 - Page 2
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`

`

`Alexander J. Hill
`
`12/5/2014
`Page: 4
`Page 15
`
`Page 13
`I understand
`It says, "In forming my opinions,
`Q
`1
`2 that the claims should be interpreted as they would be
`3 understood by a person of ordinary skill in the art of
`4 the subject matter of the patents." Did I read that
`5 sentence correctly?
`6
`A
`Yes. you did.
`7
`Q
`Was that a sentence that you came up with?
`3
`MR. BARUFKA: Objection, privileged.
`Instruct
`9
`the witness not to answer.
`10
`Q
`And you won‘t answer that question?
`11
`A
`No.
`12
`Q
`The second sentence says, "I also understand
`13 that claims are ordinarily construed based on the plain
`14 meaning of the terms used in the claims, and also with
`15 respect to the specification,
`the patent drawings, and
`16 the prosecution history." Did I read that correctly?
`17
`A
`Yes.
`
`Q
`
`
`
`
`
`Page 14
`Yes, you did.
`A
`1
`MR. BARUFKA: Objection -- I'm just going to
`1
`Was that language that you came up with or that
`Q
`2
`have a standing objection if that's okay.
`2
`3 your attorney came up with?
`Q
`The second —— well, and you're not going to
`3
`4
`MR. BARUFKA: Objection, privileged.
`4 answer that question either?
`5
`the witness not to answer.
`5
`A
`No.
`I'm not.
`6
`Q
`Tell me what you meant by that particular
`I
`6
`Q
`The next sentence says, "In addition,
`7 sentence.
`7 understand that although the specification should be
`MR. BARUFKA: Objection, privileged.
`3
`3 consulted to aid in the process of interpreting the
`the witness not to answer.
`9
`9 claims,
`the specific examples disclosed in the
`Q
`And you won‘t answer that?
`10
`10 specification generally do not limit the scope of the
`A
`I'm not going to answer.
`11
`11 claims." Did I read that correctly?
`Q
`With respect to any of the content contained in
`12
`12
`A
`Yes.
`13 Exhibit 1026, are you willing to tell me whether this
`13
`Q
`Is that language that you came up with?
`14 content came from you or from your lawyer?
`14
`M2. BARUFKA: David, are we going to —— can we
`15
`MR. BARUFKA: Objection, privileged.
`15
`agree that we just have a standing objection here?
`16
`the witness not to answer.
`16
`What do you want me to do? That's fine.
`17
`Q
`You say here, focusing still on paragraph 3, "I
`17
`M2. MARCUS:
`No. That's fair.
`I
`think you
`18 further understand that for purposes of this inter partes
`18
`need to object just because I
`think you need to
`19 review,
`the claims should be given their broadest
`19
`make —— we'll need to make a record on this.
`20 reasonable interpretation when viewed in light of the
`20
`MR. BARUFKA: Okay. That's fine.
`21 specification."
`Do you see that language?
`21
`M2. MARCUS:
`I don't want to ask him something
`22
`A
`Uh-huh.
`22
`you would have let him answer ——
`23
`Q
`That's a yes?
`23
`MR. BARUFKA: That's fine.
`24
`M2. MARCUS:
`—— and then assume he wouldn't
`24
`A
`Yes.
`25
`answer it, so.
`25
`Q
`Okay. What does that mean?
`
`
`MR. BARUFKA: Objection, privileged.
`18
`Is that language that you came up with?
`18
`the witness not to answer.
`19
`MR. BARUFKA: Objection, privilege.
`Instruct
`19
`I also understand that
`Q
`You say here, "Finally,
`20
`the witness not to answer.
`20
`21 claim interpretation may be aided by reference to other
`Q
`And you're going to follow your attorney's
`21
`22 sources of information, such as dictionaries,
`textbooks,
`22 instruction?
`23 and literature or other patents in related fields,
`in
`23
`A
`Yes.
`24
`Q
`Is that information you knew prior to preparing 24 order to determine the ordinary meanings of terms used in
`25 this Exhibit 1026?
`25 the claims." Did I read that correctly?
`
`
`
`I
`
`MR. BARUFKA: That's fine.
`1
`MR. MARCUS: With respect to that question,
`2
`understand you're instructing him not to answer?
`3
`MR. BARUFKA: That's correct.
`4
`And you won‘t answer that?
`Q
`5
`Correct.
`A
`6
`Can you tell me what that sentence means where
`Q
`7
`3 you say, "In addition,
`I understand that although the
`9 specification should be consulted to aid the process of
`10 interpreting the claims,
`the specific examples disclosed
`11 in the specification generally do not limit the scope of
`12 the claims." What does that mean?
`13
`MR. BARUFKA:
`Just objection, privileged.
`14
`Instruct the witness not to answer.
`15
`Q
`You won't answer what that means?
`16
`A
`No.
`17
`Q
`Are these your words or your attorney's words?
`
`Instruct
`
`
`
`
`
`
`
`Page 16
`
`Instruct
`
`Instruct
`
`Instruct
`
`800-545-9668
`612-339-0545
`
`Paradigm Reporting & Captioning
`www.paradigmrep0rting.com
`
`#82 776
`
`NORRED EXHIBIT 2236 - Page 3
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`NORRED EXHIBIT 2236 - Page 3
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`

`

`Alexander J. Hill
`
`12/5/2014
`Page: 5
`Page 19
`1 guided by the principles set forth in paragraph 3?
`2
`A
`Well,
`I was to look at the claims and interpret
`3 them as broadly as possible by one of ordinary skill in
`4 the art.
`You also say in here in paragraph 3 that you
`5
`Q
`5 may be aided by "dictionaries,
`textbooks, and literature
`7 or other patents in related fields." That's correct?
`8
`A
`Uh-huh.
`9
`Q
`That language appears here?
`10
`A
`Yeah, it's there. Uh—huh.
`11
`Q
`Can you tell us what, if any, dictionaries,
`12 textbooks, or literature or other patents you considered
`13 as you interpreted the claims set forth in the '228
`14 patent?
`So there's some prior art that's
`Yeah.
`15
`A
`15 disclosed elsewhere in my declaration that I reviewed, as
`17 well as other anatomy textbooks and publications as of
`13 the time of the publication of this patent. so Circa 2000
`19 and before.
`20
`Q
`We talked about the CoreValve product a bit
`21 ago.
`You recall that testimony?
`A
`22
`Yeah.
`Q
`23
`There are patents covering that product, are
`24 there not?
`25
`
`Page 17
`Instruct
`
`Instruct
`
`MR. BARUFKA: Objection, privileged.
`1
`the witness not to answer.
`2
`Q
`And you won't answer that question?
`3
`A
`No.
`4
`I understand that
`Q
`You say here, "In addition,
`5
`5 claims expressed as a 'means' for performing a recited
`7
`function should be interpreted as covering the
`8 corresponding structure material or acts disclosed in the
`9 specification or equivalents thereof." Did I read that
`10 correctly?
`Yes.
`11
`A
`What does that mean to you?
`12
`Q
`MR. BARUFKA: Objection, privileged.
`13
`the witness not to answer.
`14
`Q
`And you won't answer that question?
`15
`A
`Correct.
`15
`Q
`With respect to the interpretation standards
`17
`13 set forth in paragraph 3, did you apply those standards
`19 as you interpreted the claims set forth in the '228
`20 patent?
`MR. BARUFKA:
`21
`Yes.
`A
`22
`Okay. Describe then where it says, for
`Q
`23
`24 example, "the specific" —— I'm focusing on paragraph 3
`25 again.
`It says, "the specific examples disclosed in the
`
`You can answer that.
`
`It's
`
`Page 18
`1 specification generally do not limit the scope of the
`2 claims.“ Describe how you applied that particular
`3 concept in interpreting the claims set forth in the '228
`4 patent.
`MR. BARUFKA: Objection as to form.
`5
`ambiguous.
`If you want to ask a specific
`5
`question ——
`7
`I
`Q
`Yeah. Let me be straightforward with you.
`8
`9 want to understand what you understand by this language
`10 so I can get a feel for how you interpret these claims.
`11 Now, you say in this declaration paragraph number 3 that
`12 "the specific examples disclosed in the specification do
`13 not limit the scope of the claims."
`Do you see that
`14 there?
`Uh—huh.
`15
`A
`That‘s a yes?
`15
`Q
`I do see that.
`17
`A
`And again, you won't —— can you —— you won't
`13
`Q
`19 tell me if this is your language or your lawyer's
`20 language?
`
`
`
`I have.
`A
`21
`MR. BARUFKA: That's —— objection.
`21
`Did you consider those patents as you went
`Q
`22
`Okay. What
`I want to know is what you
`Q
`22
`23 about interpreting the '228 patent?
`23 understood that to mean.
`In other words, when you went
`24 about interpreting the claims in the '228 patent, what
`24
`A
`I did not.
`25 did you have in your head you were supposed to do as
`25
`Q
`Did you look at —— actually look at any
`
`
`
`
`
`
`
`
`MR. BARUFKA: Objection. This is privileged
`
`Page 20
`Instruct the witness not to answer.
`information.
`1
`MR. MARCUS: Well, how is it —— patents are
`2
`public, so you can acknowledge ——
`3
`MR. BARUFKA:
`He has no ——
`4
`MR. MARCUS:
`—— whether or not ——
`5
`MR. BARUFKA:
`He has no basis or foundation
`5
`for ——
`7
`MR. KERNELL: That's not a proper objection.
`8
`There's no proper objections ——
`9
`Q
`Let me try —— do you know whether there are
`10
`11 patents covering the CoreValve product?
`12
`A
`I don't know for sure if there are patents
`13 covering the CoreValve product.
`14
`Q
`So then let me —— I'll ask this question, but I
`15 think I know the answer to it. Did you consider any of
`15 the patents covering the CoreValve product as you went
`17 about interpreting the '228 patent?
`13
`A
`No.
`I did not.
`19
`Q
`Okay.
`You yourself have been issued a couple
`20 of patents, have you not?
`
`
`
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`
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`NORRED EXHIBIT 2236 - Page 4
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`NORRED EXHIBIT 2236 - Page 4
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`

`

`Alexander J. Hill
`
`12/5/2014
`Page: 6
`Page 23
`
`
`
`1 patient suffering from aortic stenosis?
`2
`A
`I have not.
`3
`Q
`Have you ever been involved in the treatment of
`4 a patient suffering from aortic stenosis?
`5
`A
`I have not.
`5
`Q
`Have you ever been involved in the treatment of
`7 any patient suffering any disease of the heart?
`8
`A
`No.
`9
`Q
`I
`think I asked this, but let me make sure.
`10 Have you ever worked with any doctors who have treated
`11 or —— strike that.
`12
`Let me ask it this way. Have you ever assisted
`13 any doctors in treating patients suffering from diseases
`14 of the heart?
`15
`A
`I have not.
`think we covered this, and I
`15
`Q
`You agree —— I
`17 apologize if this is duplicative. But when we were
`18 talking about the standard for interpreting these claims,
`19 the claims of the '228 patent, you would agree that it is
`20 appropriate to look at other patents in this field and
`21 related fields?
`22
`A
`Agree.
`23
`Q
`It is appropriate to look at literature,
`24 textbooks, and dictionaries that may bear upon the
`25 interpretation of those claims?
`
`1
`
`A
`
`I agree.
`
`Page 24
`
`
`
`
`
`Page 21
`1 dictionaries in interpreting the language in the '228
`2 patent?
`I did not.
`No.
`3
`A
`Let's go down to the section of your
`4
`Q
`5 declaration that talks about work experience. Again,
`5 you're currently employed by Medtronic?
`7
`A
`Yes.
`8
`Q
`Receive a salary by Medtronic?
`9
`A
`I do.
`10
`Q
`And you're being —— you're receiving a salary
`11 as you sit here today?
`12
`A
`Yes.
`13
`Q
`Paragraph 11, it says, "In my current role at
`14 Medtronic,
`Inc. , as a Senior Research Manager in the
`15 Cardiac and Vascular Group, Coronary and Structural
`15 Heart,
`I manage a group that conducts research focused on
`17 percutaneous, minimally invasive, and surgical heart
`18 valve replacement and repair including anatomical
`19 characterization, device research and design,
`image
`20 guided therapy development, and animal model development
`21 for testing of novel products."
`I read that correctly?
`22
`A
`Yes. you did.
`23
`Q
`Okay.
`"I also lead technical projects in
`24 Structural Heart product development."
`I read that
`25 correctly as well?
`
`1
`
`A
`
`Yes.
`
`Page 22
`
`Is that
`
`
`
`
`
`You said —— a moment ago you made reference to
`Q
`2
`Can you tell us what products you‘re currently
`Q
`2
`3 the broadest reasonable interpretation standard.
`Do you
`3 involved with?
`4 recall that?
`4
`A
`It's a transcatheter heart valve.
`5
`A
`I do.
`5
`Q
`Does that have a particular name?
`And what does that mean to you exactly
`5
`Q
`Okay.
`5
`A
`It does not.
`It's in the research stage.
`7 to apply the broadest reasonable interpretation to the
`7
`Q
`It says, "Over the past eight years,
`I have
`8 claims in the patent?
`8 personally designed and tested numerous percutaneous
`9
`A
`It means to look at the claims unless the means
`9 heart valves, and have implanted heart valves into both
`10 for language is used irrespective of the specifications
`10 live and isolated hearts."
`I read that correctly?
`11 and other language within the patent.
`11
`A
`Yes.
`12
`Q
`Okay. When you say unless the means for
`12
`Q
`Now, you do not have a medical degree.
`13 language is used, what do you mean?
`13 right?
`then. as I
`14
`A
`If the means for a language is used.
`I do not.
`14
`A
`15 understand it. by law you're supposed to be directed to
`And you have not —— and maybe you have. Let me
`15
`Q
`15 the specifications in the patent and drawings.
`15 ask it this way. Have you ever implanted an artificial
`17
`Q
`And then when you go to the specifications in
`17 valve in a live human patient?
`18 the patent, you look at the corresponding structural
`18
`A
`I have not.
`19 material or acts disclosed in the specification?
`19
`Q
`Have you ever implanted a stent in a live human
`20
`A
`Yes. as I understand it.
`20 patient?
`21
`Q
`Yeah.
`As well as equivalents of those,
`I have not.
`21
`A
`22 correct? You look at equivalents,
`too?
`Have you ever rendered care to a live human
`22
`Q
`23
`A
`As equivalents. what do you mean by
`23 patient suffering from any cardiac disease?
`24
`A
`I have not.
`24 equivalents?
`25
`Q
`Have you ever provided care to a live human
`25
`Q
`Well, you look at both the corresponding
`
`
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`
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`
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`
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`

`

`Alexander J. Hill
`
`12/5/2014
`Page: 7
`Page 27
`So for what period of time were
`1998. Okay.
`Q
`1
`2 you in the Ph.D. program at the University of Minnesota?
`3
`A
`1998 to 2004.
`4
`Q
`During the course of that program, it says you
`5 received a —— is it a master‘s in biomedical engineering?
`5
`A
`Yes.
`7
`Q
`And that was in 2000?
`3
`A
`Yes.
`9
`Q
`And that was —— was that part of the program?
`10 In other words,
`in the Ph.D. program, an intermediate
`11 step is you received a master's degree?
`12
`A
`Yes.
`And you received a minor in mechanical
`13
`Q
`Okay.
`14 engineering also in 2000?
`15
`A
`As part of that master's degree, yes.
`15
`Q
`Okay.
`And then you got your Ph.D.
`You alluded
`17 to this earlier. But your Ph.D. was awarded to you in
`18 2004 from the University of Minnesota, correct?
`19
`A
`Yes.
`20
`Q
`And you received also a minor in cellular and
`21 integrative physiology?
`22
`A
`Yes.
`that would be
`23
`Q
`Now, during that time period,
`24
`'99 —— excuse me —— '98 through 2004, you also were
`25 employed someplace?
`
`I
`
`Page 25
`1 structure material or acts disclosed in the specification
`2 and equivalents of those materials or acts, correct?
`3
`A
`Equivalents not disclosed in the patent?
`4 Equivalents disclosed in another patent?
`5
`Q
`Yeah.
`I'm sorry.
`I'm reading from your
`5 declaration.
`If you could look at paragraph 3 again ——
`7
`A
`Yeah.
`3
`Q
`—— the last sentence, it says, "In addition,
`9 understand that claims expressed as a 'means' for
`10 performing a recited function should be interpreted as
`11 covering the corresponding structure material or acts
`12 disclosed in the specification." We talked about that
`13 earlier, correct?
`14
`A
`Uh-huh.
`15
`Q
`And then you say "and equivalents thereof."
`15
`A
`Uh—huh.
`17
`Q
`That's a yes?
`18
`A
`That's what the declaration says.
`19
`Q
`Okay. Well, tell me what you meant by that,
`20 what you meant by looking at equivalents thereof.
`21
`A
`Well, as you're interpreting the claims,
`22 looking at -- let's see. What's the best way to phrase
`23 this? A particular structure or material is disclosed,
`24 and there's an equivalent structure that could perform
`25 the same function. That's what I would interpret an
`
`Page 26
`
`1 equivalent as.
`2
`Q
`I would like to turn to your background, if I
`3 could.
`It's set forth in your declaration but in a
`4
`reverse chronological order, and I would like to walk
`5 through it chronologically if we could.
`You received a
`5 bachelor's in biology in 1997?
`7
`A
`That is correct, yes.
`3
`Q
`And that was from Gustavus Adolphus College in
`9 St. Peter, Minnesota?
`10
`A
`That is correct.
`11
`Q
`And after you got your bachelor's degree, did
`12 you immediately enter the master's program, or what did
`13 you do?
`I took a year off while applying to
`No.
`14
`A
`15 graduate school.
`15
`Q
`Okay. Did you work in the medical industry
`17 during that year?
`I volunteered in a hospital.
`18
`A
`I did not.
`19
`Q
`Okay.
`Then you entered a master's program?
`20
`A
`I entered a Ph.D. program at that point.
`21
`Q
`Okay.
`The Ph.D. program you entered, was that
`22 the University of Minnesota?
`23
`A
`Yes.
`
`
`
`
`
`
`
`
`
`
`
`Yes.
`A
`1
`Where were you employed?
`Q
`2
`50 I was employed through the University as a
`A
`3
`4 graduate assistant and a tech teaching assistant.
`5
`Q
`And what time period were you employed as a
`5
`teaching assistant through the University?
`7
`A
`That would have been 1999 through two
`3
`thousand -- September of 2003.
`9
`Q
`Okay.
`And you were a graduate teaching
`10 assistant you said?
`11
`A
`Yes, and a graduate research assistant.
`12 part of the program.
`13
`Q
`And what areas did you teach in or assist in
`14 during that time period?
`15
`A
`So the research assistant was in the Visible
`15 Heart Laboratory, which is the primary laboratory that I
`17 worked in. And the teaching was in human physiology, an
`18 undergraduate class, and then later into advanced cardiac
`19 anatomy and physiology.
`20
`Q
`At some point during that time period, did you
`21 begin work with Medtronic, or was that after you got your
`22 Ph.D.?
`23
`A
`
`Page 28
`
`It's
`
`I did begin to work with Medtronic during that
`
`24
`Q
`And you entered it in 1999?
`24 time period.
`25
`A
`1998.
`25
`Q
`Do you remember what year you began to work
`
`
`800-545-9668
`612-339-0545
`
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`www.paradigmrep0rting.com
`
`#82 776
`
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`NORRED EXHIBIT 2236 - Page 6
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`

`

`Alexander J. Hill
`
`12/5/2014
`Page: 8
`Page 31
`I began
`
`Page 29
`
`When I joined the vascular group,
`A
`1
`2 working on product development.
`3
`Q
`Okay.
`4
`A
`Early stage research product development.
`5
`Q
`Was that your first introduction to stents and
`5 stent technology?
`7
`A
`No.
`3
`Q
`When was your first introduction to stents and
`9 stent technology?
`10
`A
`It would have been while I was at the
`11 University as a research assistant.
`
`1 with Medtronic? And you can reference your ——
`2
`A
`Yeah.
`I ——
`just —— I‘m
`I
`3
`Q
`—— declaration if you want.
`4
`trying to walk through it chronologically, so it's
`5 difficult for me to follow along.
`5
`A
`Sorry. Let's see.
`So it was April of 2000 is
`7 when I started as an intern.
`3
`Q
`April of 2000 you said?
`9
`A
`Yeah.
`10
`Q
`And you were an intern?
`11
`A
`Yes.
`
`Was that a paid internship?
`Q
`12
`Yes, it was.
`A
`13
`And in what particular area were you an intern
`Q
`14
`15 for Medtronic?
`15
`A
`I was in Cardiac Rhythm Management at the time.
`17
`Q
`Cardiac Rhythm Management, does that involve
`18 pacemakers?
`19
`A
`Yes.
`20
`Q
`What did you do as an intern for Medtronic in
`21 that time period? And just generally.
`22
`A
`I analyzed the mechanics of pacing leads.
`23
`Q
`Those would be leads placed into the heart to
`24 help regulate heart rhythm?
`25
`A
`Yes.
`
`Page 30
`Through what period of time did you do that?
`Q
`1
`That was from 2000 until 2003.
`A
`2
`I see.
`So you were in that same department as
`Q
`3
`4 an intern for Medtronic through that time period?
`5
`A
`Yes.
`5
`Q
`In 2003, what did you do?
`7
`A
`I began full—time employment.
`3
`Q
`So that would be just before you received your
`9 Ph.D.?
`10
`A
`11
`Q
`
`Yes.
`And when you began full—term employment for
`
`12 Medtronic, where did you go to work? What department?
`13
`A
`It's called the Physiological Research
`14 Laboratories.
`
`What did you do there?
`Q
`15
`I was a consultant —— an internal consultant on
`A
`15
`17 various animal studies, anatomy and imaging,
`image
`18 guidance.
`19
`Q
`20
`A
`21 Yes.
`22
`23
`
`Q
`A
`
`In January 2006, what did you do?
`Then I joined the vascular group at Medtronic.
`
`Through what period of time did you do that?
`From 2003 to 2006, January of 2006.
`I believe.
`
`
`
`
`
`
`
`
`
`Do you remember the year?
`Q
`12
`I don‘t.
`A
`13
`How were you introduced to stents and stent
`Q
`14
`15 technology as a research assistant?
`15
`A
`The Visible Heart is an isolated heart
`17 preparation that we use cameras to visualize the internal
`18 structures while the heart is beating. and we deployed
`19 stents within the coronary arteries.
`20
`Q
`When you say we deployed stents, did you
`21 personally deploy the stents?
`22
`A
`Yes,
`I did.
`23
`Q
`It was in a heart model?
`24
`A
`No.
`It was in an actual heart, so ——
`25
`Q
`Okay. Was the actual heart in an actual live
`
`Page 32
`
`It‘s called an
`
`1 human patient?
`in the patient.
`2
`A
`It was not
`3
`isolated or ex vivo apparatus.
`4
`Q
`So that would be a heart that was excised from
`5 a patient?
`Uh-huh.
`5
`A
`That's a yes?
`7
`Q
`Yes.
`3
`A
`And hooked up to some machinery that keeps it
`9
`Q
`10 functional?
`11
`A
`Yes.
`
`And then in that excised heart, you employed a
`Q
`12
`13 stent to keep open —— well, why did you employ stents?
`14
`A
`We deployed stents for educational purposes to
`
`15 for the first time visualize what a stent looked like
`15 inside of a beating heart with a direct visualization.
`17
`Q
`During that time period, did you work with any
`18 artificial valve devices?
`19
`A
`Yes.
`20
`Q
`Which valve devices did you work with?
`21
`A
`They were mechanical valves primarily.
`22
`Q
`Do you remember what year that occurred?
`23
`A
`I don't recall the exact year, but it would
`
`
`
`24
`Q
`Okay.
`And how did your work change, if at all,
`24 have been while I was a —— so from 1999 to 2003,
`in that
`
` 25 when you joined the vascular group at Medtronic? 25 time period.
`
`
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`
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`NORRED EXHIBIT 2236 - Page 7
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`NORRED EXHIBIT 2236 - Page 7
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`

`

`Alexander J. Hill
`
`12/5/2014
`Page: 9
`Page 35
`So from 2003 —— I believe 2003 is when you
`1 That's right.
`2 started full—time there?
`3
`A
`Right.
`4
`Q
`From 2003 through 2006, you were with -— was it
`5 Rhythm Management?
`5
`A
`I was with the Physiological Research Labs at
`7
`that point.
`3
`Q
`Okay. Physiological Research Labs. And what
`9 did you do there?
`I'm sorry.
`I don't think I asked that
`10 question.
`I worked with all
`50 I served as a consultant.
`11
`A
`12 of the business units to conduct their research on their
`13 devices within —— to satisfy FDA requirements.
`I
`14
`Q
`Did you work on any —— well,
`the answer,
`15 think, is no to this. But during that period of time,
`15 did you work with any artificial heart valves?
`17
`A
`I did not during that time period.
`18
`Q
`Did you work with any stent technology at
`19 Medtronic during that time period?
`20
`A
`No.
`I did not.
`21
`Q
`Then in 2006, what, if any, valves were you
`22 involved with?
`I was involved with products designed
`23
`A
`So 2006,
`24 to treat the mitral valve and the pulmonic valve and the
`25 aortic valve.
`
`
`
`
`
`Page 36
`With respect to the products designed to treat
`Q
`1
`2 the aortic valve, do you recall what those products were?
`3
`A
`Yeah.
`They were very early stage transcatheter
`4 valve products to treat the aortic valve,
`to treat aorta
`5 stenosis primarily.
`5
`Q
`Are any of those on the market today?
`7
`A
`Yes, but not for aortic stenosis.
`It's on the
`3 market for the pulmonary valve -- for the pulmonic valve.
`9
`Q
`Can you —— and we'll get into valve physiology
`10 in a bit. But can you describe for us what the
`11 difference is between like a mitral valve and an aortic
`12 valve?
`I can.
`13
`A
`Okay. What is it?
`14
`Q
`Well,
`they're located in two different aspects
`15
`A
`15 of the heart. One is leaving the ventricle going to the
`17 aorta. That's the aortic valve.
`The mitral valve is
`18 between the left atrium and the left ventricle.
`They
`19 have principally different structures. One is a
`20 semilunar valve,
`the aortic valve, controlled completely
`21 by pressure changes across the valve. Mitral valve has
`22 ancillary structures.
`So valvular apparatus is what it's
`23 commonly termed.
`
`
`
`In
`
`Page 33
`Sometime in that time period. And did you
`Q
`1
`2 install those devices —— I
`think I asked you this, but
`3
`let me make sure. Did you install those devices in this
`4 excised heart?
`5
`A
`I did not install the heart valves.
`5
`Q
`How did you come to work with them then?
`7 what capacity?
`So the hearts that we received
`3
`A
`Two capacities.
`9
`in the laboratory sometimes from human patients were
`10 non—viable for transplant and already had a mechanical
`11 valve or a tissue valve placed, and then we just took
`12 pictures of it and video of it. And the second,
`I
`13 assisted a cardiac surgeon as he was implanting one into
`14 a pig heart to put on the same apparatus to do the same
`15 visualization.
`15
`Q
`So you assisted the physician implanting an
`17 artificial valve in a pig heart that was going to be then
`18 hooked up to this apparatus?
`19
`A
`Yes.
`20
`Q
`Did you engage in that time period in the
`21 development of the artificial valve?
`22
`A
`I did not.
`23
`Q
`When did you begin work on the actual
`24 development of an artificial valve?
`25
`A
`That would be in 2006 when I joined Vascular.
`
`Page 34
`And I'm just trying to catch up on your
`Okay.
`Q
`1
`2 information here. All right.
`So if I understand your
`3
`testimony then, you were —— as a student at the
`4 University of Minnesota, you were involved in this
`5 Visible Heart project ——
`5
`A
`Uh-huh.
`7
`Q
`—— during which you implanted stents in these
`3 excised hearts?
`9
`A
`Uh-huh.
`10
`Q
`That's a yes?
`11
`A
`Yes.
`12
`Q
`And also had the work —— as you described, had
`13 some work with these mechanical valves implanted in these
`14 hearts?
`Yes.
`15
`A
`Your first experience with developing a heart
`15
`Q
`17 valve was in 2006 when you joined Medtronic?
`18
`A
`Yes.
`19
`Q
`And in the 2006 time period —— so now we're at
`20 Medtronic. Walk me through —— well, let's begin in 2006.
`21 What products were you involved with when you first
`22 started at the company?
`23
`A
`So I was already at Medtronic, but just a
`
`
`
`
`
`24 different business unit, for clarity.
`24
`Q
`Is that like Chordae tendineae?
`25
`Q
`No.
`I appreciate that.
`And let's back up.
`