UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`MEDTRONIC, INC., AND MEDTRONIC VASCULAR, INC.
`Petitioners,
`
`v.
`
`TELEFLEX INNOVATIONS S.A.R.L.
`Patent Owner.
`
`DECLARATION OF DEAN PETERSON
`
`Medtronic Ex. 1926
`Medtronic v. Teleflex
`IPR2020-00126/-128/-129/-132/-134/-135/-137
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`MEDTRONIC, INC., AND MEDTRONIC VASCULAR, INC.
`Petitioners,
`
`v.
`
`TELEFLEX INNOVATIONS S.A.R.L.
`Patent Owner.
`
`DECLARATION OF DEAN PETERSON
`
`Medtronic Ex. 1926
`Medtronic v. Teleflex
`IPR2020-00126/-128/-129/-132/-134/-135/-137
`
`
`
`I, Dean Peterson, hereby declare and state as follows:
`
`1.
`
`I make this Declaration in connection with evidence submitted by
`
`Patent Owner in connection with IPRs regarding the following patents: 8,048,032;
`
`RE45,380; RE 45,760E; RE45,776; and RE47,379.
`
`2.
`
`I began working at Vascular Solutions, Inc. as a Principle Research
`
`and Development Engineer in 2005, and I have continued in a similar role to the
`
`present day. In 2017, Vascular Solutions, Inc. was acquired by Teleflex
`
`Incorporated. In this declaration I refer to Vascular Solutions, Inc. and Teleflex
`
`Incorporated collectively as "VSI".
`
`3.
`
`Exhibit 2002 is a true and correct copy of the only substantive pages
`
`of Mr. Sutton's laboratory notebook 83. Laboratory notebooks, including this
`
`laboratory notebook, are maintained in the regular course ofVSI's business.
`
`4.
`
`Exhibit 2003 is a true and correct copy of a February 4, 2005 memo
`
`regarding Market Feasibility for the GuideLiner catheters. This memo was from
`
`Howard Root, who had contemporaneous knowledge of the information contained
`
`therein. The memo was made as a regular practice of developing a product at VSI
`
`and was maintained in the regular course ofVSI's business on its network.
`
`5.
`
`Exhibit 2005 is a true and correct copy of a February 11, 2005 to June
`
`30, 2006 spend report relating to the GuideLiner development. The report comes
`
`from VSI's accounting system, which is populated and tracked by VSI personnel
`
`2
`
`Medtronic Ex. 1926
`Medtronic v. Teleflex
`IPR2020-00126/-128/-129/-132/-134/-135/-137
`
`
`
`with knowledge of the information contained therein on or near the date expenses
`
`are incurred. It is a regular practice ofVSI to keep such accounting records related
`
`to research and development activities and the records were maintained in the
`
`regular course ofVSI's business.
`
`6.
`
`Exhibit 2006 is a true and correct copy of an invoice and a packing
`
`slip from Microgroup received by VSI, along with the related check voucher from
`
`VSI related to purchased materials. The records were made as a regular practice of
`
`accounting for materials purchased related to VSI development work, and the
`
`records were maintained in the regular course ofVSI's business at Iron Mountain.
`
`7.
`
`Exhibit 2007 is a true and correct copy of an invoice and a packing
`
`slip from Microgroup received by VSI, along with the related check voucher from
`
`VSI related to purchased materials. The records were made as a regular practice of
`
`accounting for materials purchased related to VSI development work, and the
`
`records were maintained in the regular course ofVSI's business at Iron Mountain.
`
`8.
`
`Exhibit 2008 are true and correct copies of invoices and a packing
`
`slips from Medical Profiles & Engineering received by VSI, along with the related
`
`check voucher from VSI related to purchased materials. The records were made as
`
`a regular practice of accounting for materials purchased related to VSI
`
`development work, and the records were maintained in the regular course ofVSI's
`
`business at Iron Mountain.
`
`3
`
`Medtronic Ex. 1926
`Medtronic v. Teleflex
`IPR2020-00126/-128/-129/-132/-134/-135/-137
`
`
`
`9.
`
`Exhibit 2009 is a true and correct copy of an invoice and a packing
`
`slip from Microgroup received by VSI, along with the related check voucher and
`
`email from VSI related to purchased materials. The records were made as a
`
`regular practice of accounting for materials purchased related to VSI development
`
`work, and the records were maintained in the regular course ofVSI's business at
`
`Iron Mountain.
`
`10. Exhibit 2010 is a true and correct copy of an invoice and a packing
`
`slip from Mountain Machine, Inc. received by VSI, along with the related check
`
`voucher from VSI related to purchased materials. The records were made as a
`
`regular practice of accounting for materials purchased related to VSI development
`
`work, and the records were maintained in the regular course ofVSI's business at
`
`Iron Mountain.
`
`11. Exhibit 2011 is a true and correct copy of an invoice and a packing
`
`slip from Medical Engineering & Design Inc. received by VSI, along with the
`
`related check voucher from VSI related to purchased materials. The records were
`
`made as a regular practice of accounting for materials purchased related to VSI
`
`development work, and the records were maintained in the regular course ofVSI's
`
`business at Iron Mountain.
`
`12. Exhibit 2013 are a true and correct copies of invoices and a packing
`
`slips from SPECTRAlytics received by VSI, along with the related check voucher
`
`4
`
`Medtronic Ex. 1926
`Medtronic v. Teleflex
`IPR2020-00126/-128/-129/-132/-134/-135/-137
`
`
`
`from VSI related to purchased materials. The records were made as a regular
`
`practice of accounting for materials purchased related to VSI development work,
`
`and the records were maintained in the regular course ofVSI's business at Iron
`
`Mountain.
`
`13. Exhibit 2016 is a true and correct copy of an invoice and a delivery
`
`note from Medtronic USA Inc received by VSI, along with the related check
`
`voucher from VSI related to purchased materials. The records were made as a
`
`regular practice of accounting for materials purchased related to VSI development
`
`work, and the records were maintained in the regular course ofVSI's business at
`
`Iron Mountain.
`
`14. Exhibit 2017 is a true and correct copy of a Memo on Market
`
`Feasibility for the GuideLiner catheters. This memo was from Howard Root, who
`
`had contemporaneous lmowledge of the information contained therein. The memo
`
`was made as a regular practice of developing a product at VSI and was maintained
`
`in the regular course ofVSI's business on its network.
`
`15. Exhibit 2018 is a true and correct copy of a PowerPoint presentation
`
`titled "New Products on the Horizon." The PowerPoint was made by VSI
`
`personnel on or near the date in the metadata of the document. The PowerPoint
`
`was made as part of the regular practice of preparing for VSI's sales meetings and
`
`was maintained in the regular course ofVSI's business on its network.
`
`5
`
`Medtronic Ex. 1926
`Medtronic v. Teleflex
`IPR2020-00126/-128/-129/-132/-134/-135/-137
`
`
`
`16. Exhibit 2020 is a true and correct copy of a certificate of completion
`
`from SPECTRAlytics received by VSI, and an invoice from SPECTRAlytics
`
`received by VSI, along with the related check voucher from VSI related to the
`
`provided services. The invoice and check were recorded as a regular practice of
`
`accounting for materials and services purchased related to VSI development work,
`
`and was maintained in the regular course ofVSI's business at Iron Mountain.
`
`17. Exhibit 2021 is a true and correct copy of an invoice and a packing
`
`slip from Medical Engineering & Design Inc. received by VSI, along with the
`
`related check voucher from VSI related to purchased materials. The records were
`
`made as a regular practice of accounting for materials purchased related to VSI
`
`development work, and the records were maintained in the regular course ofVSI's
`
`business at Iron Mountain.
`
`18. Exhibit 2024 is a true and correct copy of an August 24, 2005 Product
`
`Requirements document for the GuideLiner Catheter System. This Product
`
`Requirements document was made by VSI personnel with knowledge of the issues
`
`contained therein on or near the date of the document. The document was made as
`
`a regular practice of developing a product at VSI and was maintained in the regular
`
`course ofVSI's business on its network.
`
`19. Exhibit 2025 is a true and correct copy of a Clinical Technical
`
`Report. This report was made by VSI personnel with knowledge of the issues
`
`6
`
`Medtronic Ex. 1926
`Medtronic v. Teleflex
`IPR2020-00126/-128/-129/-132/-134/-135/-137
`
`
`
`contained therein on or near the date of the report. The report was made as a
`
`regular practice of developing a product at VSI and was maintained in the regular
`
`course ofVSI's business on its network.
`
`20. Exhibit 2026 is a true and correct copy of an invoice and a packing
`
`slip from MicroGroup received by VSI, along with the related check voucher from
`
`VSI related to purchased materials. The records were made as a regular practice of
`
`accounting for materials purchased related to VSI development work, and the
`
`records were maintained in the regular course ofVSI's business at Iron Mountain.
`
`21. Exhibit 2027 is a true and correct copy of invoices and a packing slip
`
`from Johnson Matthey Inc. received by VSI, along with the related check voucher
`
`from VSI related to purchased materials. The records were made as a regular
`
`practice of accounting for materials purchased related to VSI development work,
`
`and the records were maintained in the regular course ofVSI's business at Iron
`
`Mountain.
`
`22. Exhibit 2028 is a true and correct copy of an invoice a from
`
`SPECTRAlytics received by VSI, along with the related check voucher from VSI
`
`related to purchased materials and services. The records were made as a regular
`
`practice of accounting for materials purchased related to VSI development work,
`
`and the records were maintained in the regular course ofVSI's business at Iron
`
`Mountain.
`
`7
`
`Medtronic Ex. 1926
`Medtronic v. Teleflex
`IPR2020-00126/-128/-129/-132/-134/-135/-137
`
`
`
`23. Exhibit 2029 are true and correct copies of invoices and a packing
`
`slips from Medical Profiles & Engineering received by VSI, along with the related
`
`check voucher from VSI related to purchased materials. The records were made as
`
`a regular practice of accounting for materials purchased related to VSI
`
`development work, and the records were maintained in the regular course ofVSI's
`
`business at Iron Mountain.
`
`24. Exhibit 2030 is a true and correct copy of an invoice and a packing
`
`slip from Automation & Metrology, Inc. received by VSI, along with the related
`
`check voucher from VSI related to purchased materials. The records were made as
`
`a regular practice of accounting for materials purchased related to VSI
`
`development work, and the records were maintained in the regular course ofVSI's
`
`business at Iron Mountain.
`
`25. Exhibit 2031 is a true and correct copy of invoices and a packing slip
`
`from Automation & Metrology, Inc. received by VSI, along with the related check
`
`voucher from VSI related to purchased materials. The records were made as a
`
`regular practice of accounting for materials purchased related to VSI development
`
`work, and the records were maintained in the regular course ofVSI's business at
`
`Iron Mountain.
`
`26. Exhibit 2032 is are true and correct copies of invoices from Farlow's
`
`Scientific Glassblowing, Inc. received by VSI, along with the related check
`
`8
`
`Medtronic Ex. 1926
`Medtronic v. Teleflex
`IPR2020-00126/-128/-129/-132/-134/-135/-137
`
`
`
`voucher from VSI related to purchased materials. The records were made as a
`
`regular practice of accounting for materials purchased related to VSI development
`
`work, and the records were maintained in the regular course ofVSI's business at
`
`Iron Mountain.
`
`27. Exhibit 2033 is a true and correct copy of a invoices from Farlow's
`
`Scientific Glassblowing, Inc. received by VSI, along with the related check
`
`voucher from VSI related to purchased materials. The records were made as a
`
`regular practice of accounting for materials purchased related to VSI development
`
`work, and the records were maintained in the regular course ofVSI's business at
`
`Iron Mountain.
`
`28. Exhibit 2034 is a true and correct copy of a invoices from Farlow's
`
`Scientific Glassblowing, Inc. received by VSI, along with the related check
`
`voucher from VSI related to purchased materials. The records were made as a
`
`regular practice of accounting for materials purchased related to VSI development
`
`work, and the records were maintained in the regular course ofVSI's business at
`
`Iron Mountain.
`
`29. Exhibit 2035 is a true and correct copy of a invoices from Farlow's
`
`Scientific Glassblowing, Inc. received by VSI, along with the related check
`
`voucher from VSI related to purchased materials. The records were made as a
`
`regular practice of accounting for materials purchased related to VSI development
`
`9
`
`Medtronic Ex. 1926
`Medtronic v. Teleflex
`IPR2020-00126/-128/-129/-132/-134/-135/-137
`
`
`
`work, and the records were maintained in the regular course ofVSI's business at
`
`Iron Mountain.
`
`30. Exhibit 2036 is a true and correct copy of a July 2005 Research &
`
`Development Update written by Gregg Sutton who had contemporaneous
`
`knowledge of the information contained therein. The record was made as a regular
`
`practice of presenting to the Vascular Solution's Board of Directors, and the record
`
`was maintained in the regular course ofVSI's business on its network.
`
`31. Exhibit 2040 is a true and correct copy of a Weeldy Staff Meeting
`
`Memorandum for the clinical department at VSI. This Memorandum was from
`
`Rose Griffith (a VSI employee at the time) who had knowledge of the information
`
`contained therein on or near the date on the document. The Memorandum was
`
`made as a regular practice ofVSI's clinical work and was maintained in the regular
`
`course ofVSI's business on its network.
`
`32. Exhibit 2041 is a true and correct copy of the business update section
`
`of the materials presented to the VSI Board of Directors for its October 2005
`
`meeting. This update was made by various VSI employees with knowledge of the
`
`information contained therein on or near the date on the document. The record was
`
`made as a regular practice ofrepmiing to VSI's Board and was maintained in the
`
`regular course ofVSI's business on its network.
`
`10
`
`Medtronic Ex. 1926
`Medtronic v. Teleflex
`IPR2020-00126/-128/-129/-132/-134/-135/-137
`
`
`
`33. Exhibit 2057 is a true and correct copy of a PDF printout of a
`
`Teleflex webpage titled "Product Patents," which is publicly available at:
`
`https://www.teleflex.com/usa/en/product-areas/interventional/patents/index. The
`
`information on this website was provided by VSI employees with knowledge of
`
`the information contained therein. The website is made as part of the regular pati
`
`ofVSI's business to inform the public of its patents and provided publicly from its
`
`webserver in the regular course ofVSI's business.
`
`34. Exhibit 2058 is a true and correct copy of a PowerPoint presentation
`
`titled "Confidential Presentation to Medtronic" dated September 22, 2016. The
`
`PowerPoint was created by VSI personnel with knowledge of the information
`
`contained therein on or near the date on the document. This PowerPoint was made
`
`as a regular practice ofVSI's business development and was maintained in the
`
`regular course ofVSI's business on its network.
`
`35. Exhibit 2061 is a true and correct copy of marketing materials related
`
`to the original GuideLiner (Vl) catheter. It was created by VSI personnel with
`
`knowledge of the information contained therein on or near the date on the
`
`document. The record was made as a regulai· practice of marketing VSI's products
`
`and was maintained in the regular course ofVSI's business on its network.
`
`36. Exhibit 2062 is a true and correct copy of marketing materials related
`
`to the GuideLiner V2 catheter. It was created by VSI personnel with knowledge of
`
`11
`
`Medtronic Ex. 1926
`Medtronic v. Teleflex
`IPR2020-00126/-128/-129/-132/-134/-135/-137
`
`
`
`the information contained therein on or near the date on the document. The record
`
`was made as a regular practice of marketing VSI's products and was maintained in
`
`the regular course ofVSI's business on its network.
`
`37. Exhibit 2063 is a true and correct copy of marketing materials related
`
`to the GuideLiner V3 catheter titled "That's a Real Game Changer." It was created
`
`by VSI personnel with knowledge of the information contained therein on or near
`
`the date on the document. The record was made as a regular practice of marketing
`
`VSI's products and was maintained in the regular course ofVSI's business on its
`
`network.
`
`38. Exhibit 2065 is a true and correct copy of a GuideLiner Catheter
`
`Bibliography dated December 2013. This bibliography was made by VSI
`
`personnel with knowledge of the information contained therein on or near the date
`
`on the document. The bibliography was made as part ofVSI's regular marketing
`
`activities and was maintained in the regular course ofVSI's business on its
`
`network.
`
`39. Exhibit 2066 is a true and correct copy of signed physician
`
`Testimonial Authorization forms submitted as Exhibit 15 to the Declaration of
`
`Howard Root in Support of Plaintiff's Motion for Preliminary Injunction in the
`
`case of Vascular Solutions, Inc. v. Boston Scientific Corporation, 13-cv-01172
`
`(JRT-SER) (D. Minn.). VSI personnel coordinated the signed Testimonial
`
`12
`
`Medtronic Ex. 1926
`Medtronic v. Teleflex
`IPR2020-00126/-128/-129/-132/-134/-135/-137
`
`
`
`Authorization forms on or near the date of the documents. The signed Testimonial
`
`Authorization forms were made as part ofVSI's regular marketing activities and
`
`were maintained in the regular course ofVSI's business on its network.
`
`40. Exhibit 2067 is a true and correct marketing copy of an article titled,
`
`"The GuideLiner 'child' catheter" published in Eurolntervention in 2010. A copy
`
`of the article was maintained in the regular course ofVSI's business on its
`
`network.
`
`13
`
`Medtronic Ex. 1926
`Medtronic v. Teleflex
`IPR2020-00126/-128/-129/-132/-134/-135/-137
`
`
`
`I declare under the penalty of pe1jury that the foregoing is true and correct.
`
`Executed on July ~ , 2020.
`
`lJa,-Ck
`
`Dean Peterson
`
`14
`
`Medtronic Ex. 1926
`Medtronic v. Teleflex
`IPR2020-00126/-128/-129/-132/-134/-135/-137
`
`
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