UNITED STATES PATENT AND TRADEMARK OFFICE
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`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
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`
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`MEDTRONIC, INC., AND MEDTRONIC VASCULAR, INC.
`Petitioners,
`
`v.
`
`TELEFLEX INNOVATIONS S.A.R.L.
`Patent Owner.
`
`
`
`
`Case IPR2020-01341 (Patent 8,142,413)
`Case IPR2020-01343 (Patent RE 46,116)
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`Declaration of Mark Goemer
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`I, Mark Goemer, hereby declare as follows:
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`I previously submitted a declaration in connection with the following IPRs
`
`before the Patent Trial and Appeal Board: IPR2020-00126, IPR2020-00128,
`
`IPR2020-00129, IPR2020-00132, IPR2020-00134, IPR2020-00135, and IPR2020-
`
`00137. My statements from my original declaration dated September 21, 2020,
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`attached hereto as Appendix A, remain true and correct, and I hereby adopt and
`
`submit them in connection with the following IPRs before the Patent Trial and
`
`Appeal Board: IPR2020-01341 and IPR2020-01343.
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`MEDTRONIC, INC., AND MEDTRONIC VASCULAR, INC.
`Petitioners,
`
`v.
`
`TELEFLEX INNOVATIONS S.A.R.L.
`Patent Owner.
`
`
`
`
`Case IPR2020-01341 (Patent 8,142,413)
`Case IPR2020-01343 (Patent RE 46,116)
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Declaration of Mark Goemer
`
`I, Mark Goemer, hereby declare as follows:
`
`I previously submitted a declaration in connection with the following IPRs
`
`before the Patent Trial and Appeal Board: IPR2020-00126, IPR2020-00128,
`
`IPR2020-00129, IPR2020-00132, IPR2020-00134, IPR2020-00135, and IPR2020-
`
`00137. My statements from my original declaration dated September 21, 2020,
`
`attached hereto as Appendix A, remain true and correct, and I hereby adopt and
`
`submit them in connection with the following IPRs before the Patent Trial and
`
`Appeal Board: IPR2020-01341 and IPR2020-01343.
`
`
`
`I declare under penalty of perjury under the laws of the United States of
`
`America that the foregoing is true and correct.
`
`Dated: May {Ll
`
`, 2021
`
`Mark Goemer
`
`Page 2
`
`Teleflex EX. 2120
`
`Medtronic v. Teleflex
`
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`MEDTRONIC, INC., AND MEDTRONIC VASCULAR, INC.
`Petitioners,
`
`v.
`
`TELEFLEX INNOVATIONS S.A.R.L.
`Patent Owner.
`
`
`
`
`
`
`
`
`
`
`
`
`DECLARATION OF MARK GOEMER
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`APPENDIX A
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`
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`
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`I, Mark Goemer, declare as follows:
`1. My name is Mark Goemer. I am a Spectralytics employee. I am
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`currently the Director of Sales at Spectralytics and Meier Tool and Engineering. I
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`began working at Spectralytics in 2004 in a sales role. I eventually was promoted
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`to the position of Sales Manager, and ultimately to the position of Director of
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`Sales.
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`2. My compensation does not depend in any way on the outcome of this
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`proceeding. I have not been offered any payment, incentive, or inducement to
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`provide this Declaration.
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`3.
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`I have personal knowledge of the facts set forth in this Declaration,
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`except as otherwise stated. I am competent to testify as to all matters stated, and if
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`called upon to do so, I would testify to the facts set forth in this Declaration.
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`4.
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`Spectralytics provides laser processing solutions to its customers
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`worldwide. This includes custom laser cutting of stainless steel and other materials
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`with critical tolerances.
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`5. My responsibilities at Spectralytics include working closely with
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`customers to understand and service their laser cutting needs. In this role, I have
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`knowledge of and review the documents created and received in the process of
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`performing work on behalf of our customers. These documents include sales
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`acknowledgements, customer prints, and certificates of completion.
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`1
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`6.
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`I personally recall several jobs that Spectralytics performed for
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`Vascular Solutions in the 2005 time period. That work included laser cutting parts
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`for prototypes of a product that Vascular Solutions was developing.
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`7.
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`Exhibit 2095 contains true and accurate copies of a Sales
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`Acknowledgement for an order placed on March 21, 2005 by Vascular Solutions,
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`and two Certificates of Completion for that job, dated April 5, 2005 and April 4,
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`2005 respectively. It is the regular practice of Spectralytics to create a Sales
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`Acknowledgment for a sales order. It also is the regular practice of Spectralytics to
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`create a Certificate of Completion upon the cleaning, visual inspection,
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`dimensional inspection, electropolish, and final inspection/audit of a product prior
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`to shipping to the customer. These documents have been maintained in the
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`ordinary course of business at Spectralytics and were retrieved from Spectralytics’
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`files.
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`8.
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`The order reflected in Exhibit 2095 was for laser cutting of stainless
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`steel hypotubing and electropolishing. Spectralytics does not itself manufacture
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`stainless steel hypotubing, but instead would have received hypotubes from
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`Vascular Solutions or directly from a different vendor and then laser cut and
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`electropolished them according to Vascular Solutions’ specifications. Based on
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`my knowledge of Spectralytics’ work on behalf of Vascular Solutions, along with
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`the quantity and nature of the order, including the reference to an “X” number for
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`
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`2
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`the part, I know that this order was for parts to be used in prototypes that Vascular
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`Solutions was building.
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`9.
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`Exhibit 2113 contains true and accurate copies of the prints from
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`Vascular Solutions for the order shown in Exhibit 2095. It is the regular practice
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`of Spectralytics to obtain a customer print (or prints) for every custom order, like
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`those reflected in Exhibit 2113. These prints shown in Exhibit 2113 have been
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`maintained in the ordinary course of business at Spectralytics and were retrieved
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`from Spectralytics’ files.
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`10. Exhibit 2111 contains true and accurate copies of a Sales
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`Acknowledgment for an order placed on June 23, 2005 by Vascular Solutions and
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`a Certificate of Completion for that job dated July 27, 2005. The documents in
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`Exhibit 2111 have been maintained in the ordinary course of business at
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`Spectralytics and were retrieved from Spectralytics’ files. This was a second order
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`for laser cutting of stainless steel hypotubing placed by Vascular Solutions. Here
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`again, Spectralytics does not itself manufacture stainless steel hypotubing, but
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`instead would have received hypotubes from Vascular Solutions or directly from a
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`different vendor, and then laser cut and electropolished them according to Vascular
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`Solutions’ specifications. As with the first order, based on my knowledge of
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`Spectralytics’ work on behalf of Vascular Solutions, along with the quantity and
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`nature of the order, including the reference to an “X” number for the part, I know
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`3
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`
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`that this order was for parts to be used in prototypes that Vascular Solutions was
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`building.
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`11.
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`Exhibit 21 14 is a true and accurate copy of the print from Vascular
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`Solutions for the order shown in Exhibit 2111. As explained above, it is the
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`regular practice of Spectralytics to obtain a customer print (or prints) for every
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`custom order, like that reflected in Exhibit 2114. The print shown in Exhibit 21 14
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`has been maintained in the ordinary course of business at Spectralytics and was
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`retrieved from Spectralytics’ files.
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`12.
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`Exhibit 21 15 contains true and accurate copies of additional prints
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`from Vascular Solutions that have been maintained in the ordinary course of
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`business at Spectralytics and have been retrieved from Spectralytics’ files.
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`13.
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`I declare under penalty of perjury under the laws of the United States
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`of America that the foregoing is true and correct.
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`Executed on this 9x i day of September, 2020
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`
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`Q%r\
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`Mark Goemer
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`Page 7
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`Teleflex Ex. 2120
`Medtronic v. Teleflex
`
`
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