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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`MEDTRONIC, INC., AND MEDTRONIC VASCULAR, INC.
`Petitioners,
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`v.
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`TELEFLEX INNOVATIONS S.A.R.L.
`Patent Owner.
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`
`
`IPR2020-00126
`IPR2020-00128
`IPR2020-00129
`IPR2020-00132
`IPR2020-00134
`IPR2020-00135
`IPR2020-00137
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`PATENT OWNER’S OBJECTIONS TO EVIDENCE
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`Pursuant to 37 C.F.R. § 42.64(b)(1), Patent Owner hereby submits its notice
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`of objections to certain evidence that Petitioner submitted in connection with
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`Petitioner’s Reply to Patent Owner’s Response Addressing Conception and
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`Reduction to Practice.
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`Exhibit Number
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`Objections
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`1755
`
`Patent Owner objects to Exhibit 1755 to the extent Dr.
`Zalesky has not disclosed materials considered other than
`those referenced in his declaration. See 37 C.F.R. §§
`42.65(a) and (b).
`
`FRE 702, 703, 37 C.F.R. §§ 42.65:
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`§§ VIII-XIV and ¶¶ 17-18, 30, 37, 70, 77, 89, 90-91, 148,
`153, 161, 164-165, and 227 are not based on sufficient
`facts and data and do not reliably apply facts and data
`using scientific principles.
`
`FRE 401, 402, 403:
`
`§§ VIII and IX and ¶¶ 90-91, 94, 99, 104, 110-116, 120-
`134, 143-145, 150, 158-160, 165-167, 170-176, 179, 191,
`193-194, 196-198, 201-230, 234, 241, 244, 249, and 251-
`253 are not relevant; to the extent they are relevant, their
`probative value is outweighed by the danger of causing
`unfair prejudice and confusing the issues.
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`FRE 702, 703, 704:
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`¶¶ 17-18, 77, and 89 state improper legal conclusions.
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`FRE 602:
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`¶¶ 37, 70-73, 116, 121, 123, 125-130, 132-134, 148, 182,
`198, 201, 203, 223, 251, and 253 are not based on
`personal knowledge.
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`1
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`1108/1308/1708
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`1109/1309/1709
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`Patent Owner additionally objects to Exhibit 1755 under
`FRE 802 (hearsay) to the extent that Patent Owner does
`not have the opportunity to cross-examine Dr. Zalesky
`regarding his declaration.
`
`FRE 401, 402, 403: Portions of this exhibit are not
`relevant. To the extent this document is relevant, its
`probative value is outweighed by the danger of causing
`unfair prejudice, confusing the issues, causing undue
`delay, wasting time, or needlessly presenting cumulative
`evidence, and therefore the document is inadmissible
`under Rule 403. Patent Owner reasserts and reserves all of
`its objections under 37 C.F.R. § 42.64(a) made during the
`June 20, 2018 deposition of Greg Sutton.
`
`FRE 401, 402, 403: Portions of this exhibit are not
`relevant. To the extent this document is relevant, its
`probative value is outweighed by the danger of causing
`unfair prejudice, confusing the issues, causing undue
`delay, wasting time, or needlessly presenting cumulative
`evidence, and therefore the document is inadmissible
`under Rule 403.
`
`1114/1314/1514/1714 FRE 401, 402, 403: Portions of this exhibit are not
`relevant. To the extent this document is relevant, its
`probative value is outweighed by the danger of causing
`unfair prejudice, confusing the issues, causing undue
`delay, wasting time, or needlessly presenting cumulative
`evidence, and therefore the document is inadmissible
`under Rule 403. Patent Owner reasserts and reserves all of
`its objections under 37 C.F.R. § 42.64(a) made during the
`June 27, 2013 deposition of Howard Root.
`
`1756
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`FRE 401, 402, 403: Portions of this exhibit are not
`relevant. To the extent this document is relevant, its
`probative value is outweighed by the danger of causing
`unfair prejudice, confusing the issues, causing undue
`delay, wasting time, or needlessly presenting cumulative
`evidence, and therefore the document is inadmissible
`under Rule 403. Patent Owner reasserts and reserves all of
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`2
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`
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`1757
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`1758
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`1759
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`1760
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`its objections under 37 C.F.R. § 42.64(a) made during the
`October 28, 2020 deposition of Steven Erb.
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`FRE 401, 402, 403: Portions of this exhibit are not
`relevant. To the extent this document is relevant, its
`probative value is outweighed by the danger of causing
`unfair prejudice, confusing the issues, causing undue
`delay, wasting time, or needlessly presenting cumulative
`evidence, and therefore the document is inadmissible
`under Rule 403. Patent Owner reasserts and reserves all of
`its objections under 37 C.F.R. § 42.64(a) made during the
`November 6, 2020 deposition of Gregg Sutton.
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`FRE 401, 402, 403: This exhibit is not relevant. To the
`extent this document is relevant, its probative value is
`outweighed by the danger of causing unfair prejudice,
`confusing the issues, causing undue delay, wasting time,
`or needlessly presenting cumulative evidence, and
`therefore the document is inadmissible under Rule 403.
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`FRE 901, 902: This document has not been authenticated.
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`FRE 401, 402, 403: This exhibit is not relevant. To the
`extent this document is relevant, its probative value is
`outweighed by the danger of causing unfair prejudice,
`confusing the issues, causing undue delay, wasting time,
`or needlessly presenting cumulative evidence, and
`therefore the document is inadmissible under Rule 403.
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`FRE 901, 902: This document has not been authenticated.
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`FRE 401, 402, 403: This exhibit is not relevant. To the
`extent this document is relevant, its probative value is
`outweighed by the danger of causing unfair prejudice,
`confusing the issues, causing undue delay, wasting time,
`or needlessly presenting cumulative evidence, and
`therefore the document is inadmissible under Rule 403.
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`FRE 901, 902: This document has not been authenticated.
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`1761
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`FRE 401, 402, 403: This exhibit is not relevant. To the
`extent this document is relevant, its probative value is
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`3
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`1762
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`1763
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`1764
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`1765
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`outweighed by the danger of causing unfair prejudice,
`confusing the issues, causing undue delay, wasting time,
`or needlessly presenting cumulative evidence, and
`therefore the document is inadmissible under Rule 403.
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`FRE 901, 902: This document has not been authenticated.
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`FRE 401, 402, 403: Portions of this exhibit are not
`relevant. To the extent this document is relevant, its
`probative value is outweighed by the danger of causing
`unfair prejudice, confusing the issues, causing undue
`delay, wasting time, or needlessly presenting cumulative
`evidence, and therefore the document is inadmissible
`under Rule 403. Patent Owner reasserts and reserves all of
`its objections under 37 C.F.R. § 42.64(a) made during the
`November 13, 2020 deposition of Howard Root.
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`FRE 401, 402, 403: This exhibit is not relevant. To the
`extent this document is relevant, its probative value is
`outweighed by the danger of causing unfair prejudice,
`confusing the issues, causing undue delay, wasting time,
`or needlessly presenting cumulative evidence, and
`therefore the document is inadmissible under Rule 403.
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`FRE 901, 902: This document has not been authenticated.
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`FRE 401, 402, 403: Portions of this exhibit are not
`relevant. To the extent this document is relevant, its
`probative value is outweighed by the danger of causing
`unfair prejudice, confusing the issues, causing undue
`delay, wasting time, or needlessly presenting cumulative
`evidence, and therefore the document is inadmissible
`under Rule 403. Patent Owner reasserts and reserves all of
`its objections under 37 C.F.R. § 42.64(a) made during the
`December 1, 2020 deposition of Peter Keith.
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`FRE 401, 402, 403: This exhibit is not relevant. To the
`extent this document is relevant, its probative value is
`outweighed by the danger of causing unfair prejudice,
`confusing the issues, causing undue delay, wasting time,
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`4
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`1766
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`1767
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`1768
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`1769
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`or needlessly presenting cumulative evidence, and
`therefore the document is inadmissible under Rule 403.
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`FRE 901, 902: This document has not been authenticated.
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`FRE 401, 402, 403: Portions of this exhibit are not
`relevant. To the extent this document is relevant, its
`probative value is outweighed by the danger of causing
`unfair prejudice, confusing the issues, causing undue
`delay, wasting time, or needlessly presenting cumulative
`evidence, and therefore the document is inadmissible
`under Rule 403. Patent Owner reasserts and reserves all of
`its objections under 37 C.F.R. § 42.64(a) made during the
`November 12, 2020 deposition of Deborah Schmalz.
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`FRE 401, 402, 403: This exhibit is not relevant. To the
`extent this document is relevant, its probative value is
`outweighed by the danger of causing unfair prejudice,
`confusing the issues, causing undue delay, wasting time,
`or needlessly presenting cumulative evidence, and
`therefore the document is inadmissible under Rule 403.
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`FRE 901, 902: This document has not been authenticated.
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`FRE 401, 402, 403: This exhibit is not relevant. To the
`extent this document is relevant, its probative value is
`outweighed by the danger of causing unfair prejudice,
`confusing the issues, causing undue delay, wasting time,
`or needlessly presenting cumulative evidence, and
`therefore the document is inadmissible under Rule 403.
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`FRE 901, 902: This document has not been authenticated.
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`FRE 401, 402, 403: This exhibit is not relevant. To the
`extent this document is relevant, its probative value is
`outweighed by the danger of causing unfair prejudice,
`confusing the issues, causing undue delay, wasting time,
`or needlessly presenting cumulative evidence, and
`therefore the document is inadmissible under Rule 403.
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`FRE 901, 902: This document has not been authenticated.
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`5
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`1770
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`1771
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`1772
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`1773
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`FRE 401, 402, 403: This exhibit is not relevant. To the
`extent this document is relevant, its probative value is
`outweighed by the danger of causing unfair prejudice,
`confusing the issues, causing undue delay, wasting time,
`or needlessly presenting cumulative evidence, and
`therefore the document is inadmissible under Rule 403.
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`FRE 901, 902: This document has not been authenticated.
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`FRE 401, 402, 403: This exhibit is not relevant. To the
`extent this document is relevant, its probative value is
`outweighed by the danger of causing unfair prejudice,
`confusing the issues, causing undue delay, wasting time,
`or needlessly presenting cumulative evidence, and
`therefore the document is inadmissible under Rule 403.
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`FRE 901, 902: This document has not been authenticated.
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`FRE 802: This document is hearsay.
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`35 U.S.C. § 311: This document does not qualify as a
`printed publication.
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`FRE 401, 402, 403: This exhibit is not relevant. To the
`extent this document is relevant, its probative value is
`outweighed by the danger of causing unfair prejudice,
`confusing the issues, causing undue delay, wasting time,
`or needlessly presenting cumulative evidence, and
`therefore the document is inadmissible under Rule 403.
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`FRE 401, 402, 403: This exhibit is not relevant. To the
`extent this document is relevant, its probative value is
`outweighed by the danger of causing unfair prejudice,
`confusing the issues, causing undue delay, wasting time,
`or needlessly presenting cumulative evidence, and
`therefore the document is inadmissible under Rule 403.
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`FRE 901, 902: This document has not been authenticated.
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`FRE 802: This document is hearsay.
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`6
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`1774
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`1775
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`1776
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`1777
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`1778
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`35 U.S.C. § 311: This document does not qualify as a
`printed publication.
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`FRE 401, 402, 403: This exhibit is not relevant. To the
`extent this document is relevant, its probative value is
`outweighed by the danger of causing unfair prejudice,
`confusing the issues, causing undue delay, wasting time,
`or needlessly presenting cumulative evidence, and
`therefore the document is inadmissible under Rule 403.
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`FRE 901, 902: This document has not been authenticated.
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`FRE 401, 402, 403: This exhibit is not relevant. To the
`extent this document is relevant, its probative value is
`outweighed by the danger of causing unfair prejudice,
`confusing the issues, causing undue delay, wasting time,
`or needlessly presenting cumulative evidence, and
`therefore the document is inadmissible under Rule 403.
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`FRE 901, 902: This document has not been authenticated.
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`FRE 401, 402, 403: This exhibit is not relevant. To the
`extent this document is relevant, its probative value is
`outweighed by the danger of causing unfair prejudice,
`confusing the issues, causing undue delay, wasting time,
`or needlessly presenting cumulative evidence, and
`therefore the document is inadmissible under Rule 403.
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`FRE 901, 902: This document has not been authenticated.
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`FRE 401, 402, 403: This exhibit is not relevant. To the
`extent this document is relevant, its probative value is
`outweighed by the danger of causing unfair prejudice,
`confusing the issues, causing undue delay, wasting time,
`or needlessly presenting cumulative evidence, and
`therefore the document is inadmissible under Rule 403.
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`FRE 901, 902: This document has not been authenticated.
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`FRE 401, 402, 403: This exhibit is not relevant. To the
`extent this document is relevant, its probative value is
`outweighed by the danger of causing unfair prejudice,
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`7
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`1779
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`1780
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`1781
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`confusing the issues, causing undue delay, wasting time,
`or needlessly presenting cumulative evidence, and
`therefore the document is inadmissible under Rule 403.
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`FRE 901, 902: This document has not been authenticated.
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`FRE 401, 402, 403: This exhibit is not relevant. To the
`extent this document is relevant, its probative value is
`outweighed by the danger of causing unfair prejudice,
`confusing the issues, causing undue delay, wasting time,
`or needlessly presenting cumulative evidence, and
`therefore the document is inadmissible under Rule 403.
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`FRE 901, 902: This document has not been authenticated.
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`FRE 401, 402, 403: This exhibit is not relevant. To the
`extent this document is relevant, its probative value is
`outweighed by the danger of causing unfair prejudice,
`confusing the issues, causing undue delay, wasting time,
`or needlessly presenting cumulative evidence, and
`therefore the document is inadmissible under Rule 403.
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`FRE 901, 902: This document has not been authenticated.
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`FRE 802: This document is hearsay.
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`35 U.S.C. § 311: This document does not qualify as a
`printed publication.
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`FRE 401, 402, 403: This exhibit is not relevant. To the
`extent this document is relevant, its probative value is
`outweighed by the danger of causing unfair prejudice,
`confusing the issues, causing undue delay, wasting time,
`or needlessly presenting cumulative evidence, and
`therefore the document is inadmissible under Rule 403.
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`FRE 901, 902: This document has not been authenticated.
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`FRE 802: This document is hearsay.
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`8
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`1782
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`1783
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`1784
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`1785
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`35 U.S.C. § 311: This document does not qualify as a
`printed publication.
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`FRE 401, 402, 403: This exhibit is not relevant. To the
`extent this document is relevant, its probative value is
`outweighed by the danger of causing unfair prejudice,
`confusing the issues, causing undue delay, wasting time,
`or needlessly presenting cumulative evidence, and
`therefore the document is inadmissible under Rule 403.
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`FRE 901, 902: This document has not been authenticated.
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`FRE 401, 402, 403: This exhibit is not relevant. To the
`extent this document is relevant, its probative value is
`outweighed by the danger of causing unfair prejudice,
`confusing the issues, causing undue delay, wasting time,
`or needlessly presenting cumulative evidence, and
`therefore the document is inadmissible under Rule 403.
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`FRE 901, 902: This document has not been authenticated.
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`FRE 401, 402, 403: This exhibit is not relevant. To the
`extent this document is relevant, its probative value is
`outweighed by the danger of causing unfair prejudice,
`confusing the issues, causing undue delay, wasting time,
`or needlessly presenting cumulative evidence, and
`therefore the document is inadmissible under Rule 403.
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`FRE 901, 902: This document has not been authenticated.
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`FRE 802: This document is hearsay.
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`35 U.S.C. § 311: This document does not qualify as a
`printed publication.
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`FRE 401, 402, 403: This exhibit is not relevant. To the
`extent this document is relevant, its probative value is
`outweighed by the danger of causing unfair prejudice,
`confusing the issues, causing undue delay, wasting time,
`or needlessly presenting cumulative evidence, and
`therefore the document is inadmissible under Rule 403.
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`9
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`1786
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`1787
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`1788
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`1789
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`FRE 901, 902: This document has not been authenticated.
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`FRE 802: This document is hearsay.
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`35 U.S.C. § 311: This document does not qualify as a
`printed publication.
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`FRE 401, 402, 403: This exhibit is not relevant. To the
`extent this document is relevant, its probative value is
`outweighed by the danger of causing unfair prejudice,
`confusing the issues, causing undue delay, wasting time,
`or needlessly presenting cumulative evidence, and
`therefore the document is inadmissible under Rule 403.
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`FRE 901, 902: This document has not been authenticated.
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`FRE 401, 402, 403: This exhibit is not relevant. To the
`extent this document is relevant, its probative value is
`outweighed by the danger of causing unfair prejudice,
`confusing the issues, causing undue delay, wasting time,
`or needlessly presenting cumulative evidence, and
`therefore the document is inadmissible under Rule 403.
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`FRE 901, 902: This document has not been authenticated.
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`FRE 401, 402, 403: This exhibit is not relevant. To the
`extent this document is relevant, its probative value is
`outweighed by the danger of causing unfair prejudice,
`confusing the issues, causing undue delay, wasting time,
`or needlessly presenting cumulative evidence, and
`therefore the document is inadmissible under Rule 403.
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`FRE 901, 902: This document has not been authenticated.
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`FRE 401, 402, 403: This exhibit is not relevant. To the
`extent this document is relevant, its probative value is
`outweighed by the danger of causing unfair prejudice,
`confusing the issues, causing undue delay, wasting time,
`or needlessly presenting cumulative evidence, and
`therefore the document is inadmissible under Rule 403.
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`10
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`1790
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`1791
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`1792
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`1793
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`FRE 901, 902: This document has not been authenticated.
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`FRE 401, 402, 403: This exhibit is not relevant. To the
`extent this document is relevant, its probative value is
`outweighed by the danger of causing unfair prejudice,
`confusing the issues, causing undue delay, wasting time,
`or needlessly presenting cumulative evidence, and
`therefore the document is inadmissible under Rule 403.
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`FRE 901, 902: This document has not been authenticated.
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`FRE 401, 402, 403: This exhibit is not relevant. To the
`extent this document is relevant, its probative value is
`outweighed by the danger of causing unfair prejudice,
`confusing the issues, causing undue delay, wasting time,
`or needlessly presenting cumulative evidence, and
`therefore the document is inadmissible under Rule 403.
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`FRE 901, 902: This document has not been authenticated.
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`FRE 401, 402, 403: This exhibit is not relevant. To the
`extent this document is relevant, its probative value is
`outweighed by the danger of causing unfair prejudice,
`confusing the issues, causing undue delay, wasting time,
`or needlessly presenting cumulative evidence, and
`therefore the document is inadmissible under Rule 403.
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`FRE 901, 902: This document has not been authenticated.
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`FRE 401, 402, 403: This exhibit is not relevant. To the
`extent this document is relevant, its probative value is
`outweighed by the danger of causing unfair prejudice,
`confusing the issues, causing undue delay, wasting time,
`or needlessly presenting cumulative evidence, and
`therefore the document is inadmissible under Rule 403.
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`FRE 901, 902: This document has not been authenticated.
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`11
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`Dated: December 28, 2020.
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`Respectfully submitted,
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`/J. Derek Vandenburgh /
`
`
`J. Derek Vandenburgh (Lead Counsel)
`Registration No. 32,179
`Carlson, Caspers, Vandenburgh
` & Lindquist, P.A.
`225 South Sixth Street, Suite 4200
`Minneapolis, MN 55402
`Telephone: (612) 436-9600
`Facsimile: (612) 436-9650
`Email:
`DVandenburgh@carlsoncaspers.com
`
`Lead Counsel for Patent Owner
`
`12
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`CERTIFICATION OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6(e) and the agreement of the parties, the
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`
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`undersigned certifies that on December 28, 2020, a true and correct copy of the
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`foregoing Patent Owner’s Objections to Evidence was served via electronic mail
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`upon the following:
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`Cyrus A. Morton (Reg. No. 44,954)
`Sharon Roberg-Perez (Reg. No. 69,600)
`Christopher A. Pinahs (Reg. No. 76,375)
`William E. Manske
`Emily J. Tremblay
`Robins Kaplan LLP
`800 LaSalle Avenue, Suite 2800
`Minneapolis, MN 55401
`Phone: 349-8500
`Fax: 612-339-4181
`Email: Cmorton@robinskaplan.com
`Email: Sroberg-perez@robinskaplan.com
`Email: Cpinahs@robinskaplan.com
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`/J. Derek Vandenburgh/
`
`
`J. Derek Vandenburgh (Lead Counsel for Patent Owner)
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`13
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