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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`MEDTRONIC, INC., AND MEDTRONIC VASCULAR, INC.,
`Petitioner,
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`v.
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`TELEFLEX INNOVATIONS S.À.R.L.,
`Patent Owner.
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`Case IPR2020-00128
`Patent RE 45,380E
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`PETITIONERS’ OBJECTIONS UNDER 37 C.F.R. § 42.64 TO PATENT
`OWNER’S POST-INSTITUTION EVIDENCE FILED OCTOBER 1, 2020
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`Pursuant to 37 C.F.R. § 42.64(b)(1), Petitioners Medtronic, Inc., and
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`Medtronic Vascular, Inc., (“Medtronic”) submit the following objections to certain
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`post-institution evidence filed by Patent Owner Teleflex Innovations S.À.R.L
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`(“Teleflex”) on October 1, 2020.
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`Medtronic renews and incorporates its objections to Patent Owner’s pre-
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`institution evidence and its objections to Patent Owner’s post-institution evidence
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`filed on September 24, 2020.
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`I.
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`Exhibit 2138: Declaration of Peter T. Keith
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`Medtronic has yet to cross-examine Mr. Keith, but it intends to do so before
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`DUE DATE 2. Medtronic therefore reserves the right to move to exclude Exhibit
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`2138 and/or any testimony therein based on FRE 401/402 (relevance), FRE 403
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`(probative value outweighed by prejudice, confusing, waste of time), FRE 602
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`(lack of personal knowledge), FRE 701 (opinion by lay witness), and FRE 702/703
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`(insufficient support for expert testimony). In addition, Medtronic objects to
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`Exhibit 2138 under FRE 802 (hearsay) to the extent that Medtronic does not have
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`the opportunity to cross-examine Mr. Keith regarding his declaration.
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`II. Exhibits 2139-2144, 2154-2165, 2167, 2168, 2170, 2172-2194, 2213:
`GuideLiner Documents, Articles, and other Exhibits Cited in the
`Declaration of Peter T. Keith
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`Medtronic objects under FRE 106 (completeness), FRE 401/402 (relevance),
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`FRE 403 (probative value outweighed by prejudice, confusing, waste of time),
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`FRE 802 (hearsay), FRE 901 (authenticity), and FRE 1002 (requirement for
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`original).
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`III. Exhibit 2145: Declaration of Dr. John J. Graham
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`Medtronic has yet to cross-examine Dr. Graham, but it intends to do so
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`before DUE DATE 2. Medtronic therefore reserves the right to move to exclude
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`Exhibit 2145 and/or any testimony therein based on FRE 401/402 (relevance), FRE
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`403 (probative value outweighed by prejudice, confusing, waste of time), FRE 602
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`(lack of personal knowledge), FRE 701 (opinion by lay witness), and FRE 702/703
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`(insufficient support for expert testimony). In addition, Medtronic objects to
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`Exhibit 2145 under FRE 802 (hearsay) to the extent that Medtronic does not have
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`the opportunity to cross-examine Dr. Graham regarding his declaration.
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`IV. Exhibits 2146-2150, 2166, 2169, 2171: Exhibits Cited in the Declaration of
`Dr. John J. Graham
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`Medtronic objects under FRE 106 (completeness), FRE 401/402 (relevance),
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`FRE 403 (probative value outweighed by prejudice, confusing, waste of time),
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`FRE 802 (hearsay), FRE 901 (authenticity), and FRE 1002 (requirement for
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`original).
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`V.
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`Exhibit 2151: Declaration of Dr. Lorenzo Azzalini
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`Medtronic has yet to cross-examine Dr. Azzalini, but it intends to do so
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`before DUE DATE 2. Medtronic therefore reserves the right to move to exclude
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`Exhibit 2151 and/or any testimony therein based on FRE 401/402 (relevance), FRE
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`403 (probative value outweighed by prejudice, confusing, waste of time), FRE 602
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`(lack of personal knowledge), FRE 701 (opinion by lay witness), and FRE 702/703
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`(insufficient support for expert testimony). In addition, Medtronic objects to
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`Exhibit 2151 under FRE 802 (hearsay) to the extent that Medtronic does not have
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`the opportunity to cross-examine Dr. Azzalini regarding his declaration.
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`VI. Exhibits 2152, 2153: Declarations of Steve Jagodzinkski
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`Medtronic has yet to cross-examine Mr. Jagodzinkski, but it intends to do so
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`before DUE DATE 2. Medtronic therefore reserves the right to move to exclude
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`Exhibits 2152 and 2153 and/or any testimony therein based on FRE 401/402
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`(relevance), FRE 403 (probative value outweighed by prejudice, confusing, waste
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`of time), FRE 602 (lack of personal knowledge), and FRE 701 (opinion by lay
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`witness). In addition, Medtronic objects to Exhibits 2152 and 2153 under FRE 802
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`(hearsay) to the extent that Medtronic does not have the opportunity to cross-
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`examine Mr. Jagodzinkski regarding his declaration.
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`VII. Exhibit 2215: Declarations of Dr. Craig Thompson
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`Medtronic has yet to cross-examine Dr. Thompson, but it intends to do so
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`before DUE DATE 2. Medtronic therefore reserves the right to move to exclude
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`Exhibit 2215 and/or any testimony therein based on FRE 401/402 (relevance), FRE
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`403 (probative value outweighed by prejudice, confusing, waste of time), FRE 602
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`(lack of personal knowledge), FRE 701 (opinion by lay witness), and FRE 702/703
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`(insufficient support for expert testimony). In addition, Medtronic objects to
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`Exhibit 2215 under FRE 802 (hearsay) to the extent that Medtronic does not have
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`the opportunity to cross-examine Dr. Thompson regarding his declaration.
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`VIII. Exhibits 2197, 2198, 2201, 2202, 2204: Medtronic Documents
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`Medtronic objects under FRE 106 (completeness), FRE 401/402 (relevance),
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`and FRE 403 (probative value outweighed by prejudice, confusing, waste of time).
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`IX. Exhibits 2196, 2200, 2210, 2211, 2214: Third-Party Documents
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`Medtronic objects under FRE 106 (completeness), FRE 401/402 (relevance),
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`FRE 403 (probative value outweighed by prejudice, confusing, waste of time),
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`FRE 802 (hearsay), FRE 901 (authenticity), and FRE 1002 (requirement for
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`original).
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`X.
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`Exhibits 2135, 2136, 2203, 2208, 2209: Miscellaneous Documents
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`Medtronic objects under FRE 106 (completeness), FRE 401/402 (relevance),
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`FRE 403 (probative value outweighed by prejudice, confusing, waste of time),
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`FRE 802 (hearsay), FRE 901 (authenticity), and FRE 1002 (requirement for
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`original).
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`XI. Exhibit 2212: U.S. Patent No. 5,290,247
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`Medtronic objects under FRE 401/402 (relevance) and FRE 403 (probative
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`value outweighed by prejudice, confusing, waste of time).
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`Dated: October 8, 2020
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`Respectfully submitted,
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`
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`/Cyrus A. Morton/
`Cyrus A. Morton
`Reg. No. 44,954
`Robins Kaplan LLP
`2800 LaSalle Plaza
`800 LaSalle Avenue
`Minneapolis, MN 55402
`Attorney for Patent Owner
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`CERTIFICATE OF SERVICE
`Pursuant to 37 C.F.R. § 42.6(e)(4), the undersigned certifies that on October
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`8, 2020, a copy of PETITIONERS’ OBJECTIONS UNDER 37 C.F.R. § 42.64 TO
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`PATENT OWNER’S POST-INSTITUTION EVIDENCE FILED OCTOBER 1,
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`2020 was served in its entirety by electronic mail on Patent Owner’s counsel at the
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`following addresses indicated in Patent Owner’s Mandatory Notices:
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`J. Derek Vandenburgh, Reg. No. 32,179
`dvandenburgh@carlsoncaspers.com
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`Dennis C. Bremer, Reg. No. 40,528
`dbremer@carlsoncaspers.com
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`Joseph W. Winkels
`jwinkels@carlsoncaspers.com
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`Peter M. Kohlhepp
`pkohlhepp@carlsoncaspers.com
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`Dated: October 8, 2020
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`Respectfully submitted,
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`/Cyrus A. Morton/
`Cyrus A. Morton
`Reg. No. 44,954
`Robins Kaplan LLP
`2800 LaSalle Plaza
`800 LaSalle Avenue
`Minneapolis, MN 55402
`Attorney for Patent Owner
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