`__________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________________________
`
`SMITH & NEPHEW, INC.,
`Petitioner,
`
`v.
`
`CONFORMIS, INC.,
`Patent Owner.
`
`IPR2017-00115
`U.S. Patent 9,216,025
`
`DECLARATION OF COLIN B. HEIDEMAN
`
`Smith & Nephew Ex. 1205
`Smith & Nephew v. ConforMIS
`IPR2017-00544, -778, -779, & -780
`
`
`
`
`
`I, Colin B. Heideman, do hereby declare:
`
`I am an attorney licensed by the state of Washington and admitted to
`
`1.
`
`practice before the USPTO. I am a partner at Knobbe, Martens, Olson, & Bear,
`
`LLP and I represent Smith & Nephew, Inc. in the current proceeding.
`
`2.
`
`The paper submitted as Exhibit 1204 is a true and correct copy of the
`
`web page available at http://www.conformis.com/klaus-radermacher-joins-
`
`conformis-scientific-advisory-board-to-advance-true-patient-specific-implant-
`
`platform/, which I accessed on September 7, 2017 and which is still accessible.
`
`That web page is a part of the ConforMIS website, www.conformis.com.
`
`ConforMIS’s website contains an “Archive” of the company’s press releases,
`
`organized by year, between 2007 and 2017. ConforMIS’s Archive for 2011
`
`provides links to the following eight press releases:
`
` Thursday, 1/6/11: “Webcast
`from ConforMIS on Revolutionary
`Bicompartmental Knee Resurfacing
`Implant Now Available on
`ORlive.com, YouTube”
`
` Thursday, 2/3/11: “FDA Clears First Patient-Specific Implant System for
`Total Knee Replacement”
`
` Monday, 4/18/11: “Klaus Radermacher Joins ConforMIS Scientific
`Advisory Board to Advance True Patient Specific Implant Platform”
`
` Wednesday, 6/1/11: “ConforMIS Announces Completion of the First
`iTotal CR Knee Resurfacing System Surgeries”
`
` Wednesday, 6/1/11: “ConforMIS Receives CE Mark Certification for
`iTotal CR Patient-Specific Total Knee Resurfacing System”
`
`-1-
`
`
`
` Wednesday, 6/16/11: “ConforMIS Selected as Winner for 2011
`American Technology Award”
`
` Tuesday, 7/12/11: “Knee Replacement Manufacturer ConforMIS to
`Expand Using MassDevelopment Technology”
`
` Thursday, 9/15/11: “Mahmoud Hafez Joins ConforMIS Scientific
`Advisory Board to Advance Image to Implant Technology”
`
`The archive for the press release dated 4/18/11 links to the web page
`
`
`3.
`
`submitted as Exhibit 1204. That page includes a copy of the press release made by
`
`ConforMIS, Inc., which is dated April 18, 2011 in two separate locations
`
`(including in the text of the press release itself), and is entitled “Klaus
`
`Radermacher Joins ConforMIS Scientific Advisory Board to Advance True Patient
`
`Specific Implant Platform.” The web page has a copyright notice indicating that is
`
`copyrighted by ConforMIS.
`
`4.
`
`The same press release is available on ConforMIS’s website for the
`
`United Kingdom
`
`(see http://www.conformis.co.uk/klaus-radermacher-joins-
`
`conformis-scientific-advisory-board-to-advance-true-patient-specific-implant-
`
`platform/) and is also available online from other news sources, including
`
`BusinessWire:
`
`http://www.businesswire.com/news/home/20110418005175/en/Klaus-
`
`Radermacher-Joins-ConforMIS-Scientific-Advisory-Board.
`
`-2-
`
`
`
`I declare under penalty of perjury under the laws of the United States of
`
`America that the foregoing is true and correct.
`
`
`Executed on: October 4, 2017
`
`
`
`
`
`
`
`26746566
`
`
`By: /Colin B. Heideman/
` Colin B. Heideman
`
`
`
`
`
`-3-
`
`
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