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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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`Case IPR2020-00132
`Patent RE 45,760E
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`PATENT OWNER’S OBJECTIONS TO PETITIONER’S EVIDENCE
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`1
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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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`IPR2020-00132.
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`Patent Owner notes that Petitioner cites or relies on evidence in its
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`Opposition to Patent Owner’s Motion to Amend that was previously filed in this or
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`other IPRs and does not refile that evidence in connection with its
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`Opposition. Thus, in addition to the objections set forth below, Patent Owner
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`reasserts and preserves all objections previously made to each such previously-
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`filed exhibit.
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`Patent Owner further objects to any declaration testimony previously filed in
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`this or any other IPR proceeding, in the absence of an opportunity for Patent
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`Owner to depose the declarant specifically in the context of the Petitioner’s
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`Opposition to Patent Owner’s Motion to Amend and during the discovery period
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`for Patent Owner’s Reply to Petitioner’s Opposition to the Motions to
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`Amend. Absent this opportunity, Patent Owner objects to the previously-filed
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`testimony as hearsay (FRE 802).
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`1903
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`Patent Owner objects to Exhibit 1903 to the extent Dr.
`Brecker has not disclosed materials considered other than
`those referenced in his declaration. See 37 C.F.R. §§
`42.65(a) and (b).
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`FRE 702, 703, 37 C.F.R. §§ 42.65:
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`1
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`¶¶ 13-18, 22-23, 30-34, 38-40, 45-46, 48-56, 61, 63, 68,
`72-74, 78, 80-83, 86, 87-92, 96-98, 104-115, 119-125,
`131-134, 137, 139, 141, 143-151, 154-159, 161-172, 174-
`187, 188-201, 203-206, 208-233, 237-248, 255-277, and
`279-283 are not based on sufficient facts and data and do
`not reliably apply facts and data using scientific
`principles.
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`FRE 401, 402, 403:
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`¶¶ 39-43, 62-73, 76-78, 92, 141-142, 147, 150-154, 207,
`213, 228, 233-236, 238-239, 250-254, and 278 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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`¶¶ 4, 6-10, 48, 55, 57, 114, 133, 145, 148-149, 155, 164,
`172, 175, 182, 185, 191, 194, 198, 206, 222, 232, 266,
`277, 279, and the headings of §§ IV-VI (including all
`subheadings thereunder) state improper legal conclusions.
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`FRE 602:
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`¶¶ 4, 6-11, 83, 85-86, 265, and 278 are not based on
`personal knowledge.
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`Patent Owner additionally objects to Exhibit 1903 under
`FRE 802 (hearsay) to the extent that Patent Owner does
`not have the opportunity to cross-examine Dr. Brecker
`regarding his declaration.
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`Patent Owner additionally objects to Exhibit 1903 to the
`extent it incorporates arguments from Dr. Brecker’s
`previously-filed declarations. Patent Owner reasserts and
`incorporates herein all objections previously made to Dr.
`Brecker’s previously-filed declarations.
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`2
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`1905
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`1906
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`1908
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`Patent Owner additionally objects to Exhibit 1903 to the
`extent it incorporates arguments from Dr. Hillstead’s
`previously-filed declarations. Patent Owner reasserts and
`incorporates herein all objections previously made to Dr.
`Hillstead’s previously-filed declarations.
`Patent Owner reasserts and incorporates herein all
`objections previously made to Dr. Hillstead’s previously-
`filed declaration.
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`Patent Owner additionally objects to Exhibit 1905 under
`FRE 802 (hearsay) to the extent that Patent Owner does
`not have the opportunity to cross-examine Dr. Hillstead
`specifically regarding the claims and arguments discussed
`in the Petitioner’s Opposition to the Motion to Amend,
`during the discovery period available to Patent Owner
`following the filing of Petitioner’s Opposition to the
`Motion to Amend.
`Rule 106: Petitioner has filed only certain excerpts of the
`file history. Patent Owner reserves the right to introduce
`all or any portion of the cited file history that in fairness
`ought to be considered at the same time.
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`FRE 401, 402, 403: The cited portion of this document is
`not relevant to the proposition it purportedly supports. To
`the extent this portion is relevant to the proposition for
`which it is cited, 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.
`Rule 106: Petitioner has cited only certain excerpts of the
`file history. Patent Owner reserves the right to introduce
`all or any portion of the cited file history that in fairness
`ought to be considered at the same time.
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`FRE 401, 402, 403: The cited portion of this document is
`not relevant to the proposition it purportedly supports. To
`the extent this portion is relevant to the proposition for
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`3
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`which it is cited, 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 objects to Exhibit 1919 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).
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`FRE 702, 703, 37 C.F.R. §§ 42.65:
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`¶¶ 28, 32-35, 37, 41, 43-46, 48-69, and 71-75 are not
`based on sufficient facts and data and do not reliably
`apply facts and data using scientific principles.
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`FRE 702, 703, 704:
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`¶¶ 28, 46-47, 49, 52, 54, 56, 59, 62, 67 and 69 state
`improper legal conclusions.
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`FRE 602:
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` ¶
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` 44 is not based on personal knowledge.
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`Patent Owner additionally objects to Exhibit 1919 under
`FRE 802 (hearsay) to the extent that Patent Owner does
`not have the opportunity to cross-examine Dr. Zalesky
`regarding his declaration.
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`4
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`1919
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`Dated: January 4, 2021.
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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
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`Lead Counsel for Patent Owner
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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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`undersigned certifies that on January 4, 2021, a true and correct copy of the
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`foregoing Patent Owner’s Objections to Petitioner’s Evidence was served via
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`electronic mail 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
`Email: WManske@robinskaplan.com
`Email: ETremblay@robinskaplan.com
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`/J. Derek Vandenburgh/
`J. Derek Vandenburgh (Lead Counsel for Patent Owner)
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