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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.,
`Petitioner,
`
`v.
`
`TELEFLEX INNOVATIONS S.À.R.L.,
`Patent Owner.
`
`
`Case IPR2020-00134
`Patent RE 45,760
`
`
`
`PETITIONERS’ OBJECTIONS UNDER 37 C.F.R. § 42.64 TO PATENT
`OWNER’S POST-INSTITUTION EVIDENCE
`
`
`
`IPR2020-00134
`Patent RE 45,760
`
`
`Pursuant to 37 C.F.R. § 42.64(b)(1), Petitioners Medtronic, Inc. and
`
`Medtronic Vascular, Inc. (“Medtronic”) submit the following objections to certain
`
`post-institution evidence filed by Patent Owner Teleflex Innovations S.À.R.L
`
`(“Teleflex”) on September 24, 2020.
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`Medtronic renews and incorporates its objections to Patent Owner’s pre-
`
`institution evidence.
`
`I.
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`Exhibit 2118: Declaration of Howard Root
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`Medtronic has yet to cross-examine Mr. Root, but it intends to do so before
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`DUE DATE 2. Medtronic therefore reserves the right to move to exclude Exhibit
`
`2118 and/or any testimony therein based on FRE 401/402 (relevance), FRE 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
`
`(insufficient support for expert testimony). In addition, Medtronic objects to
`
`Exhibit 2118 under FRE 802 (hearsay) to the extent that Medtronic does not have
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`the opportunity to cross-examine Mr. Root regarding his declaration.
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`II. Exhibit 2119: Declaration of Gregg Sutton
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`Medtronic has yet to cross-examine Mr. Sutton, 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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`2119 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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`IPR2020-00134
`Patent RE 45,760
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`(lack of personal knowledge), FRE 701 (opinion by lay witness), and FRE 702/703
`
`(insufficient support for expert testimony). In addition, Medtronic objects to
`
`Exhibit 2119 under FRE 802 (hearsay) to the extent that Medtronic does not have
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`the opportunity to cross-examine Mr. Sutton regarding his declaration.
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`III. Exhibit 2120: Declaration of Mark Goemer
`
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`Medtronic has yet to cross-examine Mr. Goemer, but it intends to do so
`
`before DUE DATE 2. Medtronic therefore reserves the right to move to exclude
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`Exhibit 2120 and/or any testimony therein based on FRE 401/402 (relevance), FRE
`
`403 (probative value outweighed by prejudice, confusing, waste of time), FRE 602
`
`(lack of personal knowledge), FRE 701 (opinion by lay witness), and FRE 702/703
`
`(insufficient support for expert testimony). In addition, Medtronic objects to
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`Exhibit 2120 under FRE 802 (hearsay) to the extent that Medtronic does not have
`
`the opportunity to cross-examine Mr. Goemer regarding his declaration.
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`IV. Exhibits 2095, 2111, 2113-2115: Exhibits Submitted with the Declaration
`of Mark Goemer
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`
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`Medtronic objects under FRE 106 (completeness), FRE 401/402 (relevance),
`
`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
`
`original).
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`IPR2020-00134
`Patent RE 45,760
`
`V.
`
`
`Exhibit 2121: Declaration of Amanda O’Neil
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`Medtronic has yet to cross-examine Ms. O’Neil, 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 2121 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), and FRE
`
`602 (lack of personal knowledge). In addition, Medtronic objects to Exhibit 2121
`
`under FRE 802 (hearsay) to the extent that Medtronic does not have the
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`opportunity to cross-examine Ms. O’Neil regarding her declaration.
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`VI. Exhibits 2089, 2092: Exhibits Submitted with the Declaration of Amanda
`O’Neil
`
`
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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),
`
`FRE 802 (hearsay), FRE 901 (authenticity), and FRE 1002 (requirement for
`
`original).
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`VII. Exhibit 2122: Declaration of Steven Erb
`
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`Medtronic has yet to cross-examine Mr. Erb, but it intends to do so before
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`DUE DATE 2. Medtronic therefore reserves the right to move to exclude Exhibit
`
`2122 and/or any testimony therein based on FRE 401/402 (relevance), FRE 403
`
`(probative value outweighed by prejudice, confusing, waste of time), FRE 602
`
`(lack of personal knowledge), FRE 701 (opinion by lay witness), and FRE 702/703
`
`(insufficient support for expert testimony). In addition, Medtronic objects to
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`3
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`IPR2020-00134
`Patent RE 45,760
`
`Exhibit 2122 under FRE 802 (hearsay) to the extent that Medtronic does not have
`
`the opportunity to cross-examine Mr. Erb regarding his declaration.
`
`VIII. Exhibits 2110: Exhibits Submitted with the Declaration of Steven Erb
`
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`Medtronic objects under FRE 106 (completeness), FRE 401/402 (relevance),
`
`FRE 403 (probative value outweighed by prejudice, confusing, waste of time),
`
`FRE 802 (hearsay), FRE 901 (authenticity), and FRE 1002 (requirement for
`
`original).
`
`IX. Exhibits 2123-2124: Declarations of Peter 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 Exhibits
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`2123 and 2124 and/or any testimony therein based on FRE 401/402 (relevance),
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`FRE 403 (probative value outweighed by prejudice, confusing, waste of time),
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`FRE 602 (lack of personal knowledge), FRE 701 (opinion by lay witness), and
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`FRE 702/703 (insufficient support for expert testimony). In addition, Medtronic
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`objects to Exhibits 2123 and 2124 under FRE 802 (hearsay) to the extent that
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`Medtronic does not have the opportunity to cross-examine Mr. Keith regarding his
`
`declarations.
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`X.
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`Exhibits 2090-2091, 2093-2094, 2097, 2104, 2106-2108, 2112: Invoices
`and Other Third-Party Purchasing 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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`4
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`IPR2020-00134
`Patent RE 45,760
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`FRE 802 (hearsay), FRE 901 (authenticity), and FRE 1002 (requirement for
`
`original).
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`XI. Exhibits 2096, 2101-2103, 2117: Documents from Prosecution Counsel
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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
`
`original).
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`XII. Exhibits 2099, 2100, 2105, 2109, 2127-2134: VSI 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), and FRE 901 (authenticity).
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`XIII. Exhibits 2098: Litigation Privilege Log
`
`
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`Medtronic objects under FRE 106 (completeness), FRE 401/402 (relevance),
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`and/or FRE 403 (probative value outweighed by prejudice, confusing, waste of
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`time).
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`XIV. Exhibits 2085, 2086: Ressemann Deposition Exhibits
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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), and
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`FRE 802 (hearsay).
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`
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`5
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`IPR2020-00134
`Patent RE 45,760
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`XV. Exhibit 2116: Deposition Transcript of Stephen J.D. Brecker, M.D.
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`
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`Medtronic objects to Exhibit 2116 under FRE 401/402 (relevance) and FRE
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`403 (probative value outweighed by prejudice, confusing, waste of time).
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`Medtronic reasserts and reserves all of its objections under 37 C.F.R. § 42.64(a)
`
`made during the August 11, 2020 and September 14, 2020 depositions of Stephen
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`J.D. Brecker, M.D.
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`XVI. Exhibit 2137: Deposition Transcript of Richard A. Hillstead, Ph.D.
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`Medtronic objects to Exhibit 2137 under FRE 401/402 (relevance) and FRE
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`403 (probative value outweighed by prejudice, confusing, waste of time).
`
`Medtronic reasserts and reserves all of its objections under 37 C.F.R. § 42.64(a)
`
`made during the September 11, 2020 and September 15, 2020 depositions of
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`Richard A. Hillstead, Ph.D.
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`
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`Dated: October 1, 2020
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`Respectfully submitted,
`
`
`
`/Cyrus A. Morton/
`Cyrus A. Morton
`Reg. No. 44,954
`Robins Kaplan LLP
`2800 LaSalle Plaza
`800 LaSalle Avenue
`Minneapolis, MN 55402
`Attorney for Petitioner
`
`
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`6
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`
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`IPR2020-00134
`Patent RE 45,760
`
`
`CERTIFICATE OF SERVICE
`Pursuant to 37 C.F.R. § 42.6(e)(4), the undersigned certifies that on October
`
`1, 2020, a copy of PETITIONERS’ OBJECTIONS UNDER 37 C.F.R. § 42.64 TO
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`PATENT OWNER’S POST-INSTITUTION EVIDENCE was served in its entirety
`
`by electronic mail on Patent Owner’s counsel at the following addresses indicated
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`in Patent Owner’s Mandatory Notices:
`
`J. Derek Vandenburgh, Reg. No. 32,179
`dvandenburgh@carlsoncaspers.com
`
`Dennis C. Bremer, Reg. No. 40,528
`dbremer@carlsoncaspers.com
`
`Joseph W. Winkels
`jwinkels@carlsoncaspers.com
`
`Peter M. Kohlhepp
`pkohlhepp@carlsoncaspers.com
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`
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`Dated: October 1, 2020
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`Respectfully submitted,
`
`
`
`/Cyrus A. Morton/
`Cyrus A. Morton
`Reg. No. 44,954
`Robins Kaplan LLP
`2800 LaSalle Plaza
`800 LaSalle Avenue
`Minneapolis, MN 55402
`Attorney for Petitioner
`
`7
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