IPR2019-00123
`U.S. Patent No. 6,306,141
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`COOK INCORPORATED, COOK GROUP INCORPORATED, AND COOK
`MEDICAL LLC,
`Petitioners,
`
`v.
`
`MEDTRONIC, INC.,
`Patent Owner
`____________
`
`IPR2019-00123
`U.S. Patent No. 6,306,141
`____________
`
`DECLARATION OF HYUN-JOONG KIM IN SUPPORT OF PATENT
`OWNER’S PRELIMINARY RESPONSE
`
`Medtronic Exhibit 2010
`Cook v. Medtronic
`IPR2019-00123
`Page 00001
`
`
`U.S. Patent No. 6,306,141
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`COOK INCORPORATED, COOK GROUP INCORPORATED, AND COOK
`MEDICAL LLC,
`Petitioners,
`
`v.
`
`MEDTRONIC, INC.,
`Patent Owner
`____________
`
`IPR2019-00123
`U.S. Patent No. 6,306,141
`____________
`
`DECLARATION OF HYUN-JOONG KIM IN SUPPORT OF PATENT
`OWNER’S PRELIMINARY RESPONSE
`
`Medtronic Exhibit 2010
`Cook v. Medtronic
`IPR2019-00123
`Page 00001
`
`
`
`IPR2019-00123
`U.S. Patent No. 6,306,141
`
`I, Hyun-Joong Kim, make the following Declaration pursuant to 28 U.S.C. § 1746:
`
`1.
`
`2.
`
`I am an associate at the law firm of Ropes & Gray LLP.
`
`I provide this Declaration in connection with the above-identified Inter
`
`Partes Review proceeding requested at the United States Patent and Trademark
`
`Office by Cook Incorporated, Cook Group Incorporated, and Cook Medical LLC
`
`(“Petitioners”). Unless otherwise stated, the facts stated in this Declaration are based
`
`on my personal knowledge.
`
`3.
`
`Exhibit 2001 is a true and correct copy of Medtronic, Inc.’s opposition
`
`to Defendant AGA Med. Corp.’s motion for summary judgment of obviousness,
`
`filed in Medtronic, Inc. v. AGA Med. Corp., No. 07-00567 MMC, Dkt. No. 339 (N.D.
`
`Cal. Mar. 13, 2009). Ex. 2001 was downloaded on March 11, 2019 from the Public
`
`Access to Court Electronic Records (“PACER”). An exhibit label and page numbers
`
`on all pages have been added to the bottom of this document, but no other alterations
`
`have been made.
`
`4.
`
`Exhibit 2002 is a true and correct copy of Biscarini et al., “Enhanced
`
`Nitinol Properties for Biomedical Applications,” Recent Patents on Biomed. Eng’g,
`
`No. 1, 180-196 (2008), also filed as Ex. 2002 in Edwards Lifesciences Corp. v.
`
`Medtronic, Inc., IPR2014-00362. Ex. 2002 was downloaded from the United States
`
`Patent and Trademark Office Patent Trial and Appeal Board’s (“PTAB”) publicly
`
`accessible website on March 11, 2019. An exhibit label and page numbers on all
`
`2
`
`IPR2019-00123 Page 00002
`
`
`
`IPR2019-00123
`U.S. Patent No. 6,306,141
`
`pages have been added to the bottom of this document, and the first page containing
`
`previous exhibit label from the IPR2014-00362 proceeding has been shrunk, but no
`
`other alterations have been made.
`
`5.
`
`Exhibit 2003 is a true and correct copy of the declaration of Dr.
`
`Christopher K. Zarins in support of Medtronic, Inc.’s memorandum in opposition to
`
`AGA Med. Corp.’s motion for summary judgment of obviousness, filed in
`
`Medtronic, Inc. v. AGA Med. Corp., No. 07-00567 MMC, Dkt. No. 372 (N.D. Cal.
`
`Mar. 16, 2009). Ex. 2003 was downloaded on March 11, 2019 from PACER. An
`
`exhibit label and page numbers on all pages have been added to the bottom of this
`
`document, but no other alterations have been made.
`
`6.
`
`Exhibit 2004 is a true and correct copy of an Order denying Defendant
`
`AGA Med. Corp.’s motion for summary judgment of obviousness, Medtronic, Inc.
`
`v. AGA Med. Corp., No. 07-00567 MMC, 2009 WL 1163976 (N.D. Cal. Apr. 28,
`
`2009), also filed as Ex. 2004 in Edwards Lifesciences Corp. v. Medtronic, Inc.,
`
`IPR2014-00362. Ex. 2004 was downloaded from the PTAB’s publicly accessible
`
`website on March 11, 2019. An exhibit label and page numbers on all pages have
`
`been added to the bottom of this document, and the first page containing previous
`
`exhibit label from the IPR2014-00362 proceeding has been shrunk, but no other
`
`alterations have been made.
`
`3
`
`IPR2019-00123 Page 00003
`
`
`
`IPR2019-00123
`U.S. Patent No. 6,306,141
`
`7.
`
`Exhibit 2005 is a true and correct copy of the jury verdict form from
`
`Medtronic, Inc. v. AGA Med. Corp., No. 07-00567 MMC, Dkt. No. 993 (N.D. Cal.
`
`Aug. 6, 2009), also filed as Ex. 2005 in Edwards Lifesciences Corp. v. Medtronic,
`
`Inc., IPR2014-00362. Ex. 2005 was downloaded on March 11, 2019 from the
`
`PTAB’s publicly accessible website. An exhibit label and page numbers on all pages
`
`have been added to the bottom of this document, and the first page containing
`
`previous exhibit label from the IPR2014-00362 proceeding has been shrunk, but no
`
`other alterations have been made.
`
`8.
`
`Exhibit 2006 is a true and correct copy of an Order denying Defendant
`
`W.L. Gore & Associates’ motion for summary judgment of obviousness, Medtronic,
`
`Inc. v. W.L. Gore & Associates, No. 06-04455 JSW, 2008 WL 5191846 (N.D. Cal.
`
`Dec. 9, 2008), also filed as Ex. 2006 in Edwards Lifesciences Corp. v. Medtronic,
`
`Inc., IPR2014-00362. Ex. 2006 was downloaded on March 11, 2019 from the
`
`PTAB’s publicly accessible website. An exhibit label and page numbers on all pages
`
`have been added to the bottom of this document, and the first page containing
`
`previous exhibit label from the IPR2014-00362 proceeding has been shrunk, but no
`
`other alterations have been made.
`
`9.
`
`Exhibit 2007 is a true and correct copy of a press release informing the
`
`settlement between Medtronic and W.L. Gore & Associates, dated September 16,
`
`2009, also filed as Ex. 2007 in Edwards Lifesciences Corp. v. Medtronic, Inc.,
`
`4
`
`IPR2019-00123 Page 00004
`
`
`
`IPR2019-00123
`U.S. Patent No. 6,306,141
`
`IPR2014-00362. Ex. 2007 was downloaded on March 11, 2019 from the PTAB’s
`
`publicly accessible website. An exhibit label and page numbers on all pages have
`
`been added to the bottom of this document, and the first page containing previous
`
`exhibit label from the IPR2014-00362 proceeding has been shrunk, but no other
`
`alterations have been made.
`
`10. Exhibit 2008 is a true and correct copy of the petition requesting inter
`
`partes review of U.S. Patent No. 6,306,141 filed in Lombard Medical Techs. PLC v.
`
`Medtronic, Inc., IPR2013-00269, Paper 1. Ex. 2008 was downloaded on March 11,
`
`2019 from the PTAB’s publicly accessible website. An exhibit label and page
`
`numbers on all pages have been added to the bottom of this document, but no other
`
`alterations have been made.
`
`11. Exhibit 2009 is a true and correct copy of the petition requesting inter
`
`partes review of U.S. Patent No. 6,306,141 filed in Edwards Lifesciences Corp. v.
`
`Medtronic, Inc., IPR2014-00362, Paper 1. Ex. 2009 was downloaded on March 11,
`
`2019 from the PTAB’s publicly accessible website. An exhibit label and page
`
`numbers on all pages have been added to the bottom of this document, but no other
`
`alterations have been made.
`
`12.
`
`I have been warned that willful false statements and the like are
`
`punishable by fine or imprisonment, or both. I make this declaration of my own
`
`5
`
`IPR2019-00123 Page 00005
`
`
`
`
`
`personal knowledge, and all statements are true. If called to testify as to the matters
`
`
`
`IPR2019-00123
`U.S. Patent No. 6,306,141
`
`stated herein, I could and would testify competently.
`
`
`
`
`
`
`
`I declare under penalty of perjury that the foregoing is true and correct.
`
`Executed this 13th day of March, 2019, at New York, New York
`
`
`
`__________________________
`
`Hyun-Joong Kim
`
`6
`
`IPR2019-00123 Page 00006
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
