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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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`
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`MEDTRONIC, INC., AND MEDTRONIC VASCULAR, INC.,
`Petitioner,
`
`v.
`
`TELEFLEX INNOVATIONS S.À.R.L.,
`Patent Owner.
`
`
`Case IPR2020-01342
`Patent 8,142,413
`
`
`
`PETITIONERS’ OBJECTIONS UNDER 37 C.F.R. § 42.64 TO PATENT
`OWNER’S POST-INSTITUTION EVIDENCE FILED MAY 14, 2021
`
`
`
`Case IPR2020-01342
`Patent 8,142,413
`
`
`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 May 14, 2021.
`
`I.
`
`
`
`Exhibits 2046, 2118: Declarations of Howard Root
`
`Medtronic has yet to cross-examine Mr. Root in this IPR. Medtronic
`
`therefore reserves the right to move to exclude Exhibits 2046, 2118, and/or any
`
`testimony therein on the bases of 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
`
`Exhibits 2046 and 2118 under FRE 802 (hearsay) to the extent Medtronic does not
`
`have the opportunity to cross-examine Mr. Root regarding his
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`declaration/transcript.
`
`II. Exhibits 2007-2011, 2013-2014, 2016-2038, 2040-2041, 2058, 2061-2063,
`2065-2067: Documents/Evidence Submitted with Mr. Root Declaration
`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).
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`1
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`Case IPR2020-01342
`Patent 8,142,413
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`III. Exhibit 2039: Declaration of Deborah Schmalz
`
`Medtronic has yet to cross-examine Ms. Schmalz in this IPR. Medtronic
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`therefore reserves the right to move to exclude Exhibit 2039 and/or any testimony
`
`therein on the bases of 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 2039 under
`
`FRE 802 (hearsay) to the extent Medtronic does not have the opportunity to cross-
`
`examine Ms. Schmalz regarding her declaration.
`
`IV. Exhibits 2056, 2072, 2123, 2138, & 2250: Expert Report/Declaration of
`Peter T. Keith
`Medtronic has yet to cross-examine Mr. Keith in this IPR. Medtronic
`
`therefore reserves the right to move to exclude Exhibits 2056, 2072, 2123, 2138,
`
`2250 and/or any testimony therein on the bases of 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
`
`Exhibits 2056, 2072, 2123, 2138, 2250 under FRE 802 (hearsay) to the extent
`
`Medtronic does not have the opportunity to cross-examine Mr. Keith regarding his
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`expert report/declaration.
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`2
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`Case IPR2020-01342
`Patent 8,142,413
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`V.
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`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).
`
`VI. Exhibits 2069 & 2071: Exhibits to Complaint
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`
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`Medtronic objects under FRE 106 (completeness), FRE 401/402 (relevance),
`
`FRE 403 (probative value outweighed by prejudice, confusing, waste of time), and
`
`hearsay (FRE 802).
`
`VII. Exhibit 2070: Guide Catheters
`
`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),
`
`hearsay (FRE 802), FRE 901 (authenticity), and FRE 1002 (requirement for
`
`original).
`
`VIII. Exhibit 2073: Declaration of Alexander S. Rinn
`
`Medtronic has yet to cross-examine Mr. Rinn in this IPR. Medtronic therefore
`
`reserves the right to move to exclude Exhibit 2073 and/or any testimony therein on
`
`the bases of FRE 602 (lack of personal knowledge), FRE 401/402 (relevance), and
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`FRE 403 (probative value outweighed by prejudice, confusing, waste of time). In
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`addition, Medtronic objects to Exhibit 2073 under FRE 802 (hearsay) to the extent
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`3
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`Case IPR2020-01342
`Patent 8,142,413
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`Medtronic does not have the opportunity to cross-examine Mr. Rinn regarding his
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`declaration.
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`IX. Exhibit 2119: Declaration of Gregg Sutton
`
`
`Medtronic has yet to cross-examine Mr. Sutton in this IPR. Medtronic
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`therefore reserves the right to move to exclude Exhibit 2119 and/or any testimony
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`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 2119 under FRE 802
`
`(hearsay) to the extent that Medtronic does not have the opportunity to cross-
`
`examine Mr. Sutton regarding his declaration.
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`X.
`
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`Exhibit 2120: Declaration of Mark Goemer
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`Medtronic has yet to cross-examine Mr. Goemer in this IPR. Medtronic
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`therefore reserves the right to move to exclude Exhibit 2120 and/or any testimony
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`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 2120 under FRE 802
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`(hearsay) to the extent that Medtronic does not have the opportunity to cross-
`
`examine Mr. Goemer regarding his declaration.
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`4
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`Case IPR2020-01342
`Patent 8,142,413
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`XI. Exhibits 2095, 2111, 2113-2115: Exhibits Submitted with the Declaration
`of Mark Goemer
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`
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`Medtronic objects under FRE 106 (completeness), FRE 401/402 (relevance),
`
`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
`
`original).
`
`XII. Exhibit 2121: Declaration of Amanda O’Neil
`
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`Medtronic has yet to cross-examine Ms. O’Neil in this IPR. Medtronic
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`therefore reserves the right to move to exclude Exhibit 2121 and/or any testimony
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`therein based on FRE 401/402 (relevance), FRE 403 (probative value outweighed
`
`by prejudice, confusing, waste of time), and FRE 602 (lack of personal
`
`knowledge). In addition, Medtronic objects to Exhibit 2121 under FRE 802
`
`(hearsay) to the extent that Medtronic does not have the opportunity to cross-
`
`examine Ms. O’Neil regarding her declaration.
`
`XIII. Exhibits 2089, 2092: Exhibits Submitted with the Declaration of Amanda
`O’Neil
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`
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`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).
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`5
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`Case IPR2020-01342
`Patent 8,142,413
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`XIV. Exhibits 2122 & 2248: Declaration/Testimony of Steven Erb
`Medtronic has yet to cross-examine Mr. Erb in this IPR. Medtronic therefore
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`reserves the right to move to exclude Exhibits 2122, 2248 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 Exhibits 2122 and 2248 under
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`FRE 802 (hearsay) to the extent that Medtronic does not have the opportunity to
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`cross-examine Mr. Erb regarding his declaration.
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`XV. Exhibits 2110: Exhibits Submitted with the Declaration of Steven Erb
`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),
`
`FRE 802 (hearsay), FRE 901 (authenticity), and FRE 1002 (requirement for
`
`original).
`
`XVI. Exhibits 2090-2091, 2093-2094, 2097, 2104, 2106-2108, 2112: Invoices
`and Other Third-Party Purchasing 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).
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`6
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`Case IPR2020-01342
`Patent 8,142,413
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`XVII. Exhibits 2096, 2101-2103, 2117: Documents from Prosecution Counsel
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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),
`
`FRE 802 (hearsay), FRE 901 (authenticity), and FRE 1002 (requirement for
`
`original).
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`XVIII.
`
`Exhibits 2099, 2100, 2105, 2109, 2127-2134: VSI Documents
`
`Medtronic objects under FRE 106 (completeness), FRE 401/402 (relevance),
`
`FRE 403 (probative value outweighed by prejudice, confusing, waste of time),
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`FRE 802 (hearsay), and FRE 901 (authenticity).
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`XIX. Exhibits 2098: Litigation Privilege Log
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`
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`Medtronic objects under FRE 106 (completeness), FRE 401/402 (relevance),
`
`and/or FRE 403 (probative value outweighed by prejudice, confusing, waste of
`
`time).
`
`XX. 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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`7
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`Case IPR2020-01342
`Patent 8,142,413
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`XXI. Exhibits 2139-2144, 2154-2165, 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),
`
`FRE 802 (hearsay), FRE 901 (authenticity), and FRE 1002 (requirement for
`
`original).
`
`XXII. Exhibits 2145 & 2249: Declaration/Testimony of Dr. John J. Graham
`
`Medtronic has yet to cross-examine Dr. Graham in this IPR. Medtronic
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`therefore reserves the right to move to exclude Exhibits 2145, 2249 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 Exhibits 2145 and
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`2249 under FRE 802 (hearsay) to the extent that Medtronic does not have the
`
`opportunity to cross-examine Dr. Graham regarding his declaration.
`
`XXIII.
`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).
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`8
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`Case IPR2020-01342
`Patent 8,142,413
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`XXIV.
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`Exhibit 2151: Declaration of Dr. Lorenzo Azzalini
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`Medtronic has yet to cross-examine Dr. Azzalini in this IPR. Medtronic
`
`therefore reserves the right to move to exclude Exhibit 2151 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 2151 under FRE 802
`
`(hearsay) to the extent that Medtronic does not have the opportunity to cross-
`
`examine Dr. Azzalini regarding his declaration.
`
`XXV. Exhibits 2152, 2153: Declarations of Steve Jagodzinkski
`
`Medtronic has yet to cross-examine Mr. Jagodzinkski in this IPR. Medtronic
`
`therefore reserves the right to move to exclude Exhibits 2152 and 2153 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), and FRE 701 (opinion by lay witness). In addition, Medtronic objects
`
`to Exhibits 2152 and 2153 under FRE 802 (hearsay) to the extent that Medtronic
`
`does not have the opportunity to cross-examine Mr. Jagodzinkski regarding his
`
`declaration.
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`9
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`Case IPR2020-01342
`Patent 8,142,413
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`XXVI.
`
`Exhibit 2215: Declarations of Dr. Craig Thompson
`
`Medtronic has yet to cross-examine Dr. Thompson in this IPR. 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.
`
`XXVII.
`
`
`Exhibits 2197, 2198, 2201, 2202, 2204, 2247: Medtronic Documents
`
`Medtronic objects under FRE 106 (completeness), FRE 401/402 (relevance),
`
`and FRE 403 (probative value outweighed by prejudice, confusing, waste of time).
`
`XXVIII.
`Exhibits 2196, 2200, 2210, 2211, 2214, 2246: Third-Party
`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).
`
`XXIX.
`
`
`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),
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`10
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`Case IPR2020-01342
`Patent 8,142,413
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`FRE 802 (hearsay), FRE 901 (authenticity), and FRE 1002 (requirement for
`
`original).
`
`XXX. 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).
`
`XXXI.
`Exhibit 2252: Declaration of Dean Peterson
`Medtronic has yet to cross-examine Mr. Peterson in this IPR. Medtronic
`
`therefore reserves the right to move to exclude Exhibit 2252 and/or any testimony
`
`therein on the bases of 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 2252 under
`
`FRE 802 (hearsay) to the extent Medtronic does not have the opportunity to cross-
`
`examine Mr. Root regarding his declaration/transcript.
`
`XXXII.
`Exhibits 2253-2257: Additional VSI 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).
`
`
`
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`11
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`Case IPR2020-01342
`Patent 8,142,413
`
`Dated: May 21, 2021
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`
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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
`
`12
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`
`
`
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`CERTIFICATE OF SERVICE
`Pursuant to 37 C.F.R. § 42.6(e)(4), the undersigned certifies that on May 21,
`
`2021, a copy of PETITIONERS’ OBJECTIONS UNDER 37 C.F.R. § 42.64 TO
`
`PATENT OWNER’S POST-INSTITUTION EVIDENCE FILED MAY 14, 2021
`
`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
`
`Alexander S. Rinn
`arinn@carlsoncaspers.com
`
`Megan E. Christner
`mchristner@carlsoncaspers.com
`
`Dated: May 21, 2021
`
`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
`
`13
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`
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