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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 IPR2020-00136
`Patent RE 45,776
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`
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`PETITIONERS’ OBJECTIONS UNDER 37 C.F.R. § 42.64 TO PATENT
`OWNER’S POST-INSTITUTION EVIDENCE
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`
`
`IPR2020-00136
`Patent RE 45,776
`
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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”) submit the following objections to certain
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`post-institution evidence filed by Patent Owner Teleflex Innovations S.À.R.L
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`(“Teleflex”) on September 24, 2020.
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`Medtronic renews and incorporates its objections to Patent Owner’s pre-
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`institution evidence.
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`I.
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`Exhibit 2124: Declaration 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 Exhibit
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`2124 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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`(lack of personal knowledge), FRE 701 (opinion by lay witness), and FRE 702/703
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`(insufficient support for expert testimony). In addition, Medtronic objects to
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`Exhibit 2124 under FRE 802 (hearsay) to the extent that Medtronic does not have
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`the opportunity to cross-examine Mr. Keith regarding his declaration.
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`II. 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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`1
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`IPR2020-00136
`Patent RE 45,776
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`III. Exhibit 2116: Deposition Transcript of Stephen J.D. Brecker, M.D.
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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)
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`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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`IV. 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).
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`Medtronic reasserts and reserves all of its objections under 37 C.F.R. § 42.64(a)
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`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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`Dated: October 1, 2020
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`Respectfully submitted,
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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 Petitioner
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`2
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`
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`IPR2020-00136
`Patent RE 45,776
`
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`CERTIFICATE OF SERVICE
`Pursuant to 37 C.F.R. § 42.6(e)(4), the undersigned certifies that on October
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`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
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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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`Joseph W. Winkels
`jwinkels@carlsoncaspers.com
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`Peter M. Kohlhepp
`pkohlhepp@carlsoncaspers.com
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`
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`Dated: October 1, 2020
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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 Petitioner
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`3
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