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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 IPR2020-00134
`Patent RE 45,760E
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`PATENT OWNER’S OBJECTIONS TO PETITIONER’S UNTIMELY
`REPLY 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 untimely Reply evidence that Petitioner submitted in
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`connection with IPR2020-00126, -0127, -0128, -0129, -0130, -0132, -0134, -0135,
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`-0136, -0137, and -0138.
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`The following exhibits were served more than two weeks after the Reply
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`deadline and more than one week after Patent Owner identified the exhibits as
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`missing. Further, it appears that at least certain exhibits still have not been filed.
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`Patent Owner objects to all of the following exhibits as untimely and reserves the
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`right to move to strike these exhibits.
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`Exhibit Number
`1826
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`1827
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`1828
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`Objections
`FRE 401, 402, 403: This document 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.
`FRE 401, 402, 403: This document 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.
`FRE 401, 402, 403: This document 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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`1
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`1829
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`1831
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`1832
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`1833
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`or needlessly presenting cumulative evidence, and
`therefore the document is inadmissible under Rule 403.
`FRE 401, 402, 403: This document 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.
`FRE 106: Patent Owner reserves the right to introduce all
`or any portion of the cited reference that in fairness ought
`to be considered at the same time.
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`FRE 401, 402, 403: This document 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 802: This document is hearsay.
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`FRE 901, 902: This document has not been authenticated.
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`35 U.S.C. § 311: This document does not qualify as a
`printed publication.
`FRE 401, 402, 403: This document 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.
`FRE 401, 402, 403: This document 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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`2
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`1834
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`1835
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`FRE 802: This document is hearsay.
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`FRE 901, 902: This document has not been authenticated.
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`35 U.S.C. § 311: This document does not qualify as a
`printed publication.
`FRE 401, 402, 403: This document 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 802: This document is hearsay.
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`FRE 901, 902: This document has not been authenticated.
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`35 U.S.C. § 311: This document does not qualify as a
`printed publication.
`FRE 106: Patent Owner reserves the right to introduce all
`or any portion of the cited reference that in fairness ought
`to be considered at the same time.
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`FRE 401, 402, 403: This document 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 802: This document is hearsay.
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`FRE 901, 902: This document has not been authenticated.
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`35 U.S.C. § 311: This document does not qualify as a
`printed publication.
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`3
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`1839
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`1840
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`1841
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`FRE 401, 402, 403: This document 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 802: This document is hearsay.
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`FRE 901, 902: This document has not been authenticated.
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`35 U.S.C. § 311: This document does not qualify as a
`printed publication.
`FRE 401, 402, 403: This document 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 802: This document is hearsay.
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`FRE 901, 902: This document has not been authenticated.
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`35 U.S.C. § 311: This document does not qualify as a
`printed publication.
`FRE 401, 402, 403: This document 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 802: This document is hearsay.
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`FRE 901, 902: This document has not been authenticated.
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`4
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`35 U.S.C. § 311: This document does not qualify as a
`printed publication.
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`Dated: January 14, 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
`
`Lead Counsel for Patent Owner
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`5
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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 January 14, 2021, a true and correct copy of the
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`foregoing Patent Owner’s Objections to Petitioner’s Untimely Reply Evidence was
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`served via 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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`
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