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UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`MEDTRONIC, INC., AND MEDTRONIC VASCULAR, INC.,
`Petitioner,
`
`v.
`
`TELEFLEX INNOVATIONS S.À.R.L.,
`Patent Owner.
`
`Case IPR2020-00135
`Patent RE45,776
`
`PETITIONERS’ OBJECTIONS UNDER 37 C.F.R. § 42.64 TO PATENT
`OWNER’S POST-INSTITUTION EVIDENCE FILED OCTOBER 1, 2020
`
`

`

`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 October 1, 2020.
`
`Medtronic renews and incorporates its objections to Patent Owner’s pre-
`
`institution evidence and its objections to Patent Owner’s post-institution evidence
`
`filed on September 24, 2020.
`
`I.
`
`Exhibit 2138: Declaration of Peter T. Keith
`
`Medtronic has yet to cross-examine Mr. Keith, but it intends to do so before
`
`DUE DATE 2. Medtronic therefore reserves the right to move to exclude Exhibit
`
`2138 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
`
`Exhibit 2138 under FRE 802 (hearsay) to the extent that Medtronic does not have
`
`the opportunity to cross-examine Mr. Keith regarding his declaration.
`
`II. Exhibits 2139-2144, 2155-2165, 2167, 2168, 2170, 2172-2194, 2213:
`GuideLiner Documents, Articles, and other Exhibits Cited in the
`Declaration of Peter T. Keith
`
`
`
`Medtronic objects under FRE 106 (completeness), FRE 401/402 (relevance),
`
`FRE 403 (probative value outweighed by prejudice, confusing, waste of time),
`
`1
`
`

`

`FRE 802 (hearsay), FRE 901 (authenticity), and FRE 1002 (requirement for
`
`original).
`
`III. Exhibit 2145: Declaration of Dr. John J. Graham
`
`Medtronic has yet to cross-examine Dr. Graham, but it intends to do so
`
`before DUE DATE 2. Medtronic therefore reserves the right to move to exclude
`
`Exhibit 2145 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
`
`Exhibit 2145 under FRE 802 (hearsay) to the extent that Medtronic does not have
`
`the opportunity to cross-examine Dr. Graham regarding his declaration.
`
`IV. Exhibits 2146-2150, 2166, 2169, 2171: Exhibits Cited in the Declaration of
`Dr. John J. Graham
`
`
`
`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).
`
`V.
`
`Exhibit 2151: Declaration of Dr. Lorenzo Azzalini
`
`Medtronic has yet to cross-examine Dr. Azzalini, but it intends to do so
`
`before DUE DATE 2. Medtronic therefore reserves the right to move to exclude
`
`Exhibit 2151 and/or any testimony therein based on FRE 401/402 (relevance), FRE
`
`2
`
`

`

`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
`
`Exhibit 2151 under FRE 802 (hearsay) to the extent that Medtronic does not have
`
`the opportunity to cross-examine Dr. Azzalini regarding his declaration.
`
`VI. Exhibit 2215: Declarations of Dr. Craig Thompson
`
`Medtronic has yet to cross-examine Dr. Thompson, but it intends to do so
`
`before DUE DATE 2. Medtronic therefore reserves the right to move to exclude
`
`Exhibit 2215 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
`
`Exhibit 2215 under FRE 802 (hearsay) to the extent that Medtronic does not have
`
`the opportunity to cross-examine Dr. Thompson regarding his declaration.
`
`VII. Exhibits 2197, 2198, 2201, 2202, 2204: Medtronic Documents
`
`
`Medtronic objects under FRE 106 (completeness), FRE 401/402 (relevance),
`
`and FRE 403 (probative value outweighed by prejudice, confusing, waste of time).
`
`VIII. Exhibits 2196, 2200, 2210, 2211, 2214: Third-Party Documents
`
`
`Medtronic objects under FRE 106 (completeness), FRE 401/402 (relevance),
`
`FRE 403 (probative value outweighed by prejudice, confusing, waste of time),
`
`3
`
`

`

`FRE 802 (hearsay), FRE 901 (authenticity), and FRE 1002 (requirement for
`
`original).
`
`IX. Exhibits 2135, 2136, 2203, 2208, 2209: Miscellaneous Documents
`
`
`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).
`
`X.
`
`
`Exhibit 2212: U.S. Patent No. 5,290,247
`
`Medtronic objects under FRE 401/402 (relevance) and FRE 403 (probative
`
`value outweighed by prejudice, confusing, waste of time).
`
`
`
`
`
`Dated: October 8, 2020
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`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
`
`
`
`4
`
`

`

`
`
`CERTIFICATE OF SERVICE
`Pursuant to 37 C.F.R. § 42.6(e)(4), the undersigned certifies that on October
`
`8, 2020, a copy of PETITIONERS’ OBJECTIONS UNDER 37 C.F.R. § 42.64 TO
`
`PATENT OWNER’S POST-INSTITUTION EVIDENCE FILED OCTOBER 1,
`
`2020 was served in its entirety by electronic mail on Patent Owner’s counsel at the
`
`following addresses indicated 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
`
`
`
`
`Dated: October 8, 2020
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`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
`
`5
`
`

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