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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,
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`v.
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`TELEFLEX INNOVATIONS S.À.R.L.,
`Patent Owner.
`
`
`Case IPR2020-00134
`Patent RE 45,760
`
`
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`PETITIONERS’ OBJECTIONS UNDER 37 C.F.R. § 42.64 TO PATENT
`OWNER’S PRE-INSTITUTION EVIDENCE
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`
`
`IPR2020-00134
`Patent RE 45,760
`
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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”), hereby submit the following objections to
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`certain evidence filed by Patent Owner Teleflex Innovations S.À.R.L (“Teleflex”)
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`in conjunction with its Patent Owner Preliminary Response.
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`I.
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`Exhibits 2001, 2015, 2046, 2074: Declarations/Transcript of Howard Root
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`Medtronic has yet to cross-examine Mr. Root, but intends to do so in
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`advance of DUE DATE 2. Medtronic therefore reserves the right to move to
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`exclude Exhibits 2001, 2015, 2046, and 2074 and/or any testimony therein on the
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`bases of FRE 401/402 (relevance), FRE 403 (probative value outweighed by
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`prejudice, confusing, waste of time), FRE 602 (lack of personal knowledge), FRE
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`701 (opinion by lay witness), and FRE 702/703 (insufficient support for expert
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`testimony). In addition, Medtronic objects to Exhibits 2001, 2015, 2046, and 2074
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`under FRE 802 (hearsay) to the extent Medtronic does not have the opportunity to
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`cross-examine Mr. Root regarding his declaration/transcript.
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`II. Exhibits 2002-2011, 2013-2014, 2016-2038, 2040-2041, 2058, 2061-2063,
`2065-2067: Documents/Evidence Submitted with Mr. Root Declaration
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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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`IPR2020-00134
`Patent RE 45,760
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`III. Exhibit 2039: Declaration of Deborah Schmalz
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`Medtronic has yet to cross-examine Ms. Schmalz, but intends to do so in
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`advance of DUE DATE 2. Medtronic therefore reserves the right to move to
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`exclude Exhibit 2039 and/or any testimony therein on the bases of 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), FRE 701 (opinion by lay
`
`witness), and FRE 702/703 (insufficient support for expert testimony). In addition,
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`Medtronic objects to Exhibit 2039 under FRE 802 (hearsay) to the extent
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`Medtronic does not have the opportunity to cross-examine Ms. Schmalz regarding
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`her declaration.
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`IV. Exhibits 2043 & 2044: Declarations of Amy Welch
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`Medtronic has yet to cross-examine Ms. Welch, but intends to do so in
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`advance of DUE DATE 2. Medtronic therefore reserves the right to move to
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`exclude Exhibits 2043 and 2044 and/or any testimony therein on the bases of FRE
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`401/402 (relevance), FRE 403 (probative value outweighed by prejudice,
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`confusing, waste of time), FRE 602 (lack of personal knowledge), FRE 701
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`(opinion by lay witness), and FRE 702/703 (insufficient support for expert
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`testimony). Further, Medtronic objects to Exhibits 2043 and 2044 under FRE 106
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`(completeness) and FRE 1002 (requirement for original). In addition, Medtronic
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`objects to Exhibits 2043 and 2044 under FRE 802 (hearsay) to the extent
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`IPR2020-00134
`Patent RE 45,760
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`Medtronic does not have the opportunity to cross-examine Ms. Welch regarding
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`her declarations.
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`V.
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`Exhibit 2042, 2056, 2072: Expert Report/Declaration of Peter T. Keith
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`Medtronic has yet to cross-examine Mr. Keith, but intends to do so in advance
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`of DUE DATE 2. Medtronic therefore reserves the right to move to exclude
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`Exhibits 2042, 2056, and 2072 and/or any testimony therein on the bases of FRE
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`401/402 (relevance), FRE 403 (probative value outweighed by prejudice,
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`confusing, waste of time), FRE 602 (lack of personal knowledge), FRE 701
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`(opinion by lay witness), and FRE 702/703 (insufficient support for expert
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`testimony). In addition, Medtronic objects to Exhibits 2042, 2056, and 2072 under
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`FRE 802 (hearsay) to the extent Medtronic does not have the opportunity to cross-
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`examine Mr. Keith regarding his expert report/declaration.
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`VI. Exhibits 2057 & 2060: Teleflex Website
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`
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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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`hearsay (FRE 802), and FRE 901 (authenticity).
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`VII. Exhibits 2069 & 2071: Exhibits to Complaint
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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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`hearsay (FRE 802).
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`IPR2020-00134
`Patent RE 45,760
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`VIII. Exhibit 2070: Guide Catheters
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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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`hearsay (FRE 802), FRE 901 (authenticity), and FRE 1002 (requirement for
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`original).
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`IX. Exhibit 2073: Declaration of Alexander S. Rinn
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`Medtronic has yet to cross-examine Mr. Rinn, but intends to do so in advance
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`of DUE DATE 2. Medtronic therefore reserves the right to move to exclude
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`Exhibit 2073 and/or any testimony therein on the bases of FRE 602 (lack of
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`personal knowledge), FRE 401/402 (relevance), and FRE 403 (probative value
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`outweighed by prejudice, confusing, waste of time). In addition, Medtronic objects
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`to Exhibit 2073 under FRE 802 (hearsay) to the extent Medtronic does not have the
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`opportunity to cross-examine Mr. Rinn regarding his declaration.
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`X.
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`
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`Exhibits 2045, 2048-2051, 2053-2054, 2059, 2075-2077, 2081: Litigation
`Documents
`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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`XI. Exhibit 2055: Surface Article
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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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`IPR2020-00134
`Patent RE 45,760
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`FRE 802 (hearsay), FRE 901 (authenticity), and FRE 1002 (requirement for
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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 Patent Owner
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`original).
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`Dated: July 13, 2020
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`IPR2020-00134
`Patent RE 45,760
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`CERTIFICATE OF SERVICE
`Pursuant to 37 C.F.R. § 42.6(e)(4), the undersigned certifies that on July 13,
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`2020, a copy of PETITIONERS’ OBJECTIONS UNDER 37 C.F.R. § 42.64 TO
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`PATENT OWNER’S PRE-INSTITUTION EVIDENCE was served in its entirety
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`by electronic mail on Patent Owner’s counsel at the following addresses indicated
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`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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`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
`
`
`Dated: July 13, 2020
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