`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`EDWARDS LIFESCIENCES CORP.,
`
`Petitioner,
`
`v.
`
`BOSTON SCIENTIFIC SCIMED, INC.,
`
`Patent Owner.
`_______________
`
`Case IPR2017-00444
`Patent 6,915,560
`_______________
`
`Before the Honorable NEIL T. POWELL, JAMES A. TARTAL, and
`STACY B. MARGOLIES, Administrative Patent Judges.
`
`PATENT OWNER BOSTON SCIENTIFIC SCIMED, INC.’S
`SECOND SET OF OBJECTIONS TO
`PETITIONER EDWARDS LIFESCIENCES CORP.’S EXHIBITS
`
`
`
`Pursuant to 37 C.F.R. § 42.64(b)(1), Boston Scientific Scimed, Inc. (“Patent
`
`Owner”) hereby submits the following objections to Petitioner Edwards
`
`Lifesciences Corp.’s (“Petitioner’s”) Exhibit 1127 (Supplemental Declaration Of
`
`Neil Sheehan), as well as any reference thereto and reliance thereon.
`
`Exhibit 1127 (and Petitioner’s Reply) contains new arguments and evidence
`
`outside the proper scope of a reply. 37 C.F.R. § 42.23(b) (Reply is limited to
`
`arguments raised in Patent Owner’s Response). For example, Mr. Sheehan
`
`includes (1) new alleged experience in stent crimping (e.g., ¶¶ 8, 9), (2) new
`
`arguments regarding a “linear member” (e.g., ¶¶ 19, 57, 69-70), (3) new arguments
`
`regarding the operation of Figure 8 of Yasumi (e.g., ¶¶ 23, 57, 69-70), (4) new
`
`arguments regarding the alleged disclosure of the “operatively engaged” claim
`
`element (e.g., ¶ 31 (“via a larger outer flange 70…and a smaller inner portion…”
`
`and “by resting against the outside of the side plate 27-1”), (5) new claim
`
`construction arguments and analyses relating thereto (e.g., ¶¶ 32-36 (“operatively
`
`engaged”), ¶ 45 (“distinct connection locations”), ¶¶ 85-91 (“stationary end-walls,”
`
`“stationary plates,” “flat portion,” “substantially regular polygonal shape,”
`
`“substantially regular polygonal,” and “rotatable actuation device”)), (6) new
`
`evidence and arguments relating to the citation of Yasumi in Information
`
`Disclosure Statements (e.g., ¶ 76), and (7) new arguments regarding the use of
`
`pliers or plier like devices in stent crimping (e.g., ¶¶ 79-81).
`
`
`
`Dated: December 22, 2017
`
`Respectfully submitted,
`
`/s/ Wallace Wu
`Wallace Wu (Reg. No. 45,380)
`Jennifer A. Sklenar (Reg. No. 40,205)
`ARNOLD & PORTER KAYE SCHOLER LLP
`777 S. Figueroa Street, 44th Floor
`Los Angeles, CA 90017-5844
`Tel:
`(213) 243-4000
`Fax: (213) 243-4199
`
`Nicholas M. Nyemah (Reg. No. 67,788)
`ARNOLD & PORTER KAYE SCHOLER LLP
`601 Massachusetts Avenue, NW
`Washington, DC 20001
`Tel:
`(202) 942-5000
`Fax: (202) 942-5999
`
`Attorneys for Patent Owner Boston
`Scientific Scimed, Inc.
`
`-2-
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies that a copy of the foregoing PATENT OWNER
`BOSTON SCIENTIFIC SCIMED, INC.’S SECOND SET OF OBJECTIONS TO
`PETITIONER EDWARDS LIFESCIENCES CORP.’S EXHIBITS was served on
`December 22, 2017 to the following Counsel for Petitioner via e-mail:
`
`Craig S. Summers
`Brenton R. Babcock
`Christy G. Lea
`Cheryl T. Burgess
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`2040 Main Street, 14th Floor
`Irvine, CA 92614
`2css@knobbe.com
`BoxEdwards@knobbe.com
`2brb@knobbe.com
`2cgl@knobbe.com
`2ctb@knobbe.com
`
`Attorneys for Petitioners Edwards Lifesciences Corp.
`
`/s/ Wallace Wu
`Wallace Wu (Reg. No. 45,380)
`ARNOLD & PORTER KAYE SCHOLER LLP
`777 S. Figueroa Street, 44th Floor
`Los Angeles, CA 90017-5844
`Tel:
`(213) 243-4000
`Fax: (213) 243-4199
`
`-1-
`
`
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