`
`By: Daniel W. McDonald ( dmcdonald@merchantgould.com)
`Merchant & Gould P.C.
`3 200 IDS Center
`80 South 8th Street
`Minneapolis, MN 55402
`Tel: (612) 332-5300
`Fax: (612) 332-9081
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`MEDTRONIC, INC.
`
`Petitioner
`
`v.
`
`ROBERT BOSCH HEALTHCARE SYSTEMS, INC.
`
`Patent Owner
`
`Case IPR2014-00488 (Patent No. 7,769,605 B2)
`Case IPR2014-00607 (Patent No. 7,870,249 B2) 1
`
`1 Case IPR 2014-00691 has been consolidated with Case IPR2014-00607.
`
`Pursuant to the Board's authorization, Medtronic files this opposition paper in both
`
`proceedings using a caption referring to both proceedings. See IPR2014-00488,
`
`Paper 43, at 3, and IPR2014-00607, Paper 47, at 3.
`
`(cid:46)(cid:38)(cid:37)(cid:53)(cid:51)(cid:48)(cid:47)(cid:42)(cid:36)(cid:1)(cid:38)(cid:57)(cid:41)(cid:1)(cid:18)(cid:17)(cid:21)(cid:26)
`(cid:46)(cid:38)(cid:37)(cid:53)(cid:51)(cid:48)(cid:47)(cid:42)(cid:36)(cid:1)(cid:87)(cid:15)(cid:1)(cid:35)(cid:48)(cid:52)(cid:36)(cid:41)(cid:1)(cid:42)(cid:49)(cid:51)(cid:19)(cid:17)(cid:18)(cid:21)(cid:14)(cid:17)(cid:17)(cid:21)(cid:25)(cid:25)
`
`1
`
`
`
`DECLARATION OF THOMAS G. ANNI CK, CPA,
`IN OPPOSITION TO ROBERT BOSCH'S MOTION TO TERMINATE
`
`I, Thomas G. Annick, CPA, declare as follows:
`
`1.
`
`I am the Director of Finance and Chief Financial Officer at Sterne,
`
`Kessler, Goldstein & Fox P.L.L.C. I make this declaration on my own information,
`
`knowledge, and belief unless indicated otherwise.
`
`2.
`
`I am familiar with Sterne Kessler's procedures for invoicing
`
`attorney's fees, U.S. Patent and Trademark Office filing fees, expert witness fees,
`
`and other expenses to firm clients.
`
`3.
`
`I have reviewed Sterne Kessler's financial records for any attorney's
`
`fees, expert witness fees, U.S. Patent and Trademark Office fees, and other
`
`expenses related to inter partes review cases IPR2014-00488, IPR2014-00607, and
`
`IPR2014-00691.
`
`IPR2014-00691
`
`4.
`
`Sterne Kessler generated invoices to Medtronic, Inc. in September
`
`2014, October 2014, November 2014, December 2014, and January 2015 for
`
`attorney's fees for IPR2014-00691, which includes attorney's fees for preparing
`
`the petition for IPR2014-00691 in April 2014. Sterne Kessler received payments
`
`for these invoices in November 2014, December 2014, and January 2015 via wire
`
`transfers from Medtronic, Inc.
`
`2
`
`
`
`5.
`
`Sterne Kessler never received an invoice from Medical Design
`
`Solutions, Inc. or Dr. Robert Stone regarding IPR2014-00691. I understand that,
`
`although Dr. Stone worked with Sterne Kessler regarding IPR2014-00691, his fees
`
`were handled by a different law firm.
`
`6.
`
`Sterne Kessler paid the U.S. Patent and Trademark Office filing fee
`
`for the IPR2014-00691 petition on April 25, 2014. Sterne Kessler invoiced this fee
`
`to Medtronic, Inc. in a November 2014 invoice, which Medtronic, Inc. paid via a
`
`January 2015 wire transfer.
`
`7.
`
`Sterne Kessler neither invoiced nor received payment from
`
`Cardiocom, LLC regarding IPR2014-00691.
`
`IPR2014-00607
`
`8.
`
`Sterne Kessler generated invoices to Medtronic, Inc. in August and
`
`September 2014 for attorney's fees for IPR2014-00607, which includes attorney's
`
`fees for preparing the petition for IPR2014-00607 in March 2014. Sterne Kessler
`
`received payment for these invoices in October 2014 via wire transfers from
`
`Medtronic, Inc.
`
`9.
`
`Sterne Kessler never received an invoice from Medical Design
`
`Solutions, Inc. or Dr. Robert Stone regarding IPR2014-00607.
`
`3
`
`
`
`10.
`
`Sterne Kessler did not pay the U.S. Patent and Trademark Office
`
`filing fee for IPR2014-00607. I understand that filing fee was handled by a
`
`different law firm.
`
`11.
`
`Sterne Kessler neither invoiced nor received payment from
`
`Cardiocom, LLC regarding IPR2014-00607.
`
`IPR2014-00488
`
`12.
`
`From my review of Sterne Kessler's records, Sterne Kessler generated
`
`no invoices for attorney's fees, paid no expert fees or expenses, and paid no U.S.
`
`Patent and Trademark Office filing fee for IPR2014-00488. Sterne Kessler neither
`
`invoiced nor received payment from Cardiocom, LLC regarding IPR2014-00488.
`
`I declare under penalty of perjury that the foregoing is true and correct.
`
`Dated: January 26, 2015
`
`~JJ;L£
`
`Thomas G. Annick
`
`4
`
`
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