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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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`
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`Case IPR2020-01342
`Patent 8,142,413
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`PATENT OWNER’S OBJECTIONS TO EVIDENCE
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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 evidence that Petitioner submitted in connection with
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`IPR2020-01342.
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`Objections
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`FRE 401, 402, 403: This exhibit 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.
`Patent Owner objects to Exhibit 1405 to the extent Dr. Brecker has
`not disclosed materials considered other than those referenced in his
`declaration. See 37 C.F.R. §§ 42.65(a) and (b).
`
`FRE 702, 703, 37 C.F.R. §§ 42.65:
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`¶¶ 33, 44, 50-54, 89, 92-95, 97, 101-108, 115, 128, 154, 160, 161,
`163, 166-167, 208, 210-218, 221, 229-233, 237, 244-246, 251-252
`are not based on sufficient facts and data and do not reliably apply
`facts and data using scientific principles.
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`FRE 401, 402, 403:
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`¶¶ 92-95, 161, 221 are not relevant; to the extent they are relevant,
`their probative value is outweighed by the danger of causing unfair
`prejudice and confusing the issues because they lack support for the
`contentions for which they are cited and improperly characterize the
`teachings of Kontos and the related understanding of a POSITA.
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` 97 contains irrelevant statements; to the extent such statements are
`relevant, their probative value is outweighed by the danger of causing
`unfair prejudice and confusing the issues because they lack support
`for the contentions for which they are cited and improperly
`characterize the teachings of Ressemann.
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`
` ¶
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`1
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`Exhibit
`Number
`1403
`
`1405
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`
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`¶¶ 102-106 are not relevant; to the extent they are relevant, their
`probative value is outweighed by the danger of causing unfair
`prejudice and confusing the issues because they lack support for the
`contentions for which they are cited and improperly characterize the
`teachings of Kataishi.
`
` 107 is not relevant; to the extent it is relevant, its probative value is
`outweighed by the danger of causing unfair prejudice and confusing
`the issues because it lacks support for the contentions for which it is
`cited and improperly characterizes the teachings of Enger.
`
` ¶
`
` ¶
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` 102 is not relevant; to the extent it is relevant, its probative value is
`outweighed by the danger of causing unfair prejudice and confusing
`the issues because it lacks support for the contentions for which it is
`cited and improperly characterizes the teachings of ’413 patent.
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`FRE 702, 703, 704:
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`¶¶ 18, 170, 172, 176, 182-83, 189, 196, 198, 206, 222, 226, 236, 237,
`244, 248, 250, 252 and the headings of Section X and subsection X.A
`state improper legal conclusions.
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`Patent Owner additionally objects to Exhibit 1405 under FRE 802
`(hearsay) to the extent that Patent Owner does not have the
`opportunity to cross-examine Dr. Brecker regarding his declaration.
`35 U.S.C. § 102: The exhibit is not prior art.
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`FRE 403: To the extent this document may be 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 exhibit 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. The
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`1407
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`1411
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`2
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`1416
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`1417
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`1421
`1422
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`1423
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`1424
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`exhibit is not cited in the Petition or either expert declaration (Exs.
`1405, 1442).
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`FRE 106: This document is incomplete.
`FRE 401, 402, 403: This exhibit 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. The
`exhibit is not cited in the Petition or either expert declaration (Exs.
`1005, 1042).
`FRE 401, 402, 403: This exhibit 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: This document is incomplete.
`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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`FRE 802: This document is hearsay
`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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`FRE 802: This document is hearsay
`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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`FRE 802: This document is hearsay
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`3
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`1426
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`1427
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`1430
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`1431
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`1434
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`1436
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`FRE 401, 402, 403: This exhibit 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 exhibit 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. The
`exhibit is not cited in the Petition or either expert declaration (Exs.
`1405, 1442).
`FRE 401, 402, 403: This exhibit 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 exhibit 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.
`FRE 401, 402, 403: This exhibit 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 exhibit 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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`4
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`1437
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`1438
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`1439
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`1442
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`FRE 401, 402, 403: This exhibit 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. The
`exhibit is not cited in the Petition or either expert declaration (Exs.
`1405, 1442).
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`FRE 802: This document is hearsay.
`FRE 401, 402, 403: This exhibit 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.
`FRE 401, 402, 403: This exhibit 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.
`Patent Owner objects to Exhibit 1442 to the extent Dr. Hillstead has
`not disclosed materials considered other than those referenced in his
`declaration. See 37 C.F.R. §§ 42.65(a) and (b).
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`FRE 702, 703, 37 C.F.R. §§ 42.65:
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`¶¶ 19, 57-59, 63-64, 71, 73-75, 81-88, 89-90, 93-96, 99-103, and 105
`are not based on sufficient facts and data and do not reliably apply
`facts and data using scientific principles.
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`Patent Owner additionally objects to Exhibit 1442 under FRE 802
`(hearsay) to the extent that Patent Owner does not have the
`opportunity to cross-examine Dr. Brecker regarding his declaration.
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`5
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`1448
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`1449
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`1452
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`1456
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`FRE 401, 402, 403: This exhibit 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. The
`exhibit is not cited in the Petition or either expert declaration (Exs.
`1405, 1442).
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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 exhibit 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 exhibit 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. The
`exhibit is not cited in the Petition or either expert declaration (Exs.
`1405, 1442).
`FRE 401, 402, 403: This exhibit 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. The
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`6
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`1457
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`1458
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`1459
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`1466
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`1467
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`1468
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`exhibit is not cited in the Petition or either expert declaration (Exs.
`1405, 1442).
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`FRE 802: This document is hearsay.
`FRE 401, 402, 403: This exhibit 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 exhibit 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 exhibit 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 exhibit 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. The
`exhibit is not cited in the Petition or either expert declaration (Exs.
`1405, 1442).
`FRE 401, 402, 403: This exhibit 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. The
`exhibit is not cited in the Petition or either expert declaration (Exs.
`1405, 1442).
`FRE 401, 402, 403: This exhibit 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
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`7
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`1469
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`1474
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`1479
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`1480
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`delay, wasting time, or needlessly presenting cumulative evidence,
`and therefore the document is inadmissible under Rule 403. The
`exhibit is not cited in the Petition or either expert declaration (Exs.
`1405, 1442).
`FRE 401, 402, 403: This exhibit 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 106: This document is incomplete.
`FRE 401, 402, 403: This exhibit 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. The
`exhibit is not cited in the Petition or either expert declaration (Exs.
`1405, 1442).
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`35 U.S.C. § 102: The exhibit is not prior art.
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`FRE 802: This document is hearsay.
`FRE 401, 402, 403: This exhibit 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. The
`exhibit is not cited in the Petition or either expert declaration (Exs.
`1405, 1442).
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`FRE 106: This document is incomplete.
`FRE 401, 402, 403: This exhibit 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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`8
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`1481
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`1483
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`1484
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`1488-
`1495
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`1496
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`FRE 401, 402, 403: This exhibit 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. The
`exhibit is not cited in the Petition or either expert declaration (Exs.
`1405, 1442).
`FRE 106, 1002: This document is incomplete. This document has
`been modified.
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`FRE 401, 402, 403: In view of the Board’s Institution Decision, this
`document is irrelevant and inadmissible under Rule 402. To the
`extent it may be 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 it is inadmissible under Rule 403.
`FRE 401, 402, 403: This exhibit 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. The
`exhibit is not cited in the Petition or either expert declaration (Exs.
`1405, 1442).
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`FRE 106: This document is incomplete.
`FRE 401, 402, 403: In view of the Board’s Institution Decision, these
`references are irrelevant and inadmissible under Rule 402. To the
`extent they are relevant, their 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 they are inadmissible under Rule 403.
`FRE 401, 402, 403: This exhibit 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. The
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`9
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`1497
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`1514-
`1515
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`1517
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`exhibit is not cited in the Petition or either expert declaration (Exs.
`1405, 1442).
`FRE 401, 402, 403: This exhibit 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: In view of the Board’s Institution Decision, these
`references are irrelevant and inadmissible under Rule 402. To the
`extent they are relevant, their 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 they are inadmissible under Rule 403.
`FRE 401, 402, 403: This exhibit 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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`Dated: February 23, 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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`10
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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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`undersigned certifies that on February 23, 2021, a true and correct copy of the
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`foregoing Patent Owner’s Objections to Evidence was served via electronic mail
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`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)
`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
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`/J. Derek Vandenburgh/
`J. Derek Vandenburgh (Lead Counsel for Patent Owner)
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`11
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