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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,
`
`v.
`
`TELEFLEX INNOVATIONS S.A.R.L.
`Patent Owner.
`
`
`
`
`Case IPR2020-01344
`Patent RE46,116
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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
`
`IPR2020-01344.
`
`Exhibit
`Number
`1405
`
`Objections
`
`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:
`
`¶¶ 17-18, 21, 24, 27, 33, 44, 46-50, 85, 88-98, 101-103, 106-108, 110,
`115-118, 129, 134, 136, 143-144, 151, 153-155, 157, 160-165, 167-
`176, 178-208, 210, 215-233, 235-236, 238-243, 245-258 are not
`based on sufficient facts and data and do not reliably apply facts and
`data using scientific principles.
`
`
`FRE 401, 402, 403:
`
`Sections XI and XI.A-C are not relevant because the Root reference
`is not prior art; to the extent Sections XI and XI.A-C are relevant,
`their probative value is outweighed by the danger of causing unfair
`prejudice and confusing the issues.
`
`¶¶ 33, 41, and 45 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
`understanding of a POSITA.
`
`¶¶ 92-94 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.
`
`1
`
`
`
` ¶
`
` ¶
`
` 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.
`
`¶¶ 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.
`
`¶¶ 33, 115-118, 129 contain irrelevant statements; 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 and/or context for the contentions for which they are cited
`and improperly characterize the teachings of the ’116 patent.
`
`
`FRE 702, 703, 704:
`
`¶¶ 17-18, 21, 27, 154, 157, 160-161, 164-165, 168-170, 174, 176,
`178-185, 188-193, 195-208, 217-228, 230-233, 235-236, 239-240,
`243, 248-253, 256-258 and Headings X, X.A-C, XI, XI.B-C state
`improper legal conclusions.
`
`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.
`
`FRE 403: To the extent this document may be relevant, its probative
`value is outweighed by the danger of causing unfair prejudice,
`
`2
`
`1407
`
`
`
`1411
`
`1416
`
`1417
`
`1419
`
`1420
`
`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 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).
`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
`delay, wasting time, or needlessly presenting cumulative evidence,
`
`3
`
`
`
`1421
`
`1422
`
`1423
`
`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: 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).
`FRE 901, 902: This document has not been authenticated.
`
`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 802: This document is hearsay
`FRE 901, 902: This document has not been authenticated.
`
`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).
`
`4
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`
`
`1424
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`1426
`
`1427
`
`1430
`
`1431
`
`1434
`
`
`FRE 802: This document is hearsay
`FRE 901, 902: This document has not been authenticated.
`
`35 U.S.C. § 311: This document does not qualify as a printed
`publication.
`
`FRE 802: This document is hearsay
`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
`exhibit is not cited in the Petition or either expert declaration (Exs.
`1405, 1442).
`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
`exhibit is not cited in the Petition or either expert declaration (Exs.
`1405, 1442).
`
`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
`
`5
`
`
`
`1436
`
`1437
`
`1438
`
`1439
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`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 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 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).
`
`FRE 802: This document is hearsay.
`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 802: This document is hearsay.
`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 802: This document is hearsay.
`
`6
`
`
`
`1442
`
`1444
`
`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).
`
`FRE 702, 703, 37 C.F.R. §§ 42.65:
`
`¶¶ 12, 25, 32, 34-40, 42-51, 53, 57-64, 66-67, 76, 82, 84-85, 86, 92-
`97, 102, 107-108, 112, 114, 118-119, 121-126, 129-140, 143-144,
`149-172, 174-175, 177-181, 183-186, 189-190, 192-193, 196-204,
`206, 209-221 are not based on sufficient facts and data and do not
`reliably apply facts and data using scientific principles.
`
`
`FRE 401, 402, 403:
`
`Sections VI.C and VI.C.1-3 are not relevant because they discuss the
`wrong effective filing date of the ʼ116 patent; to the extent Sections
`VI.C and VI.C.1-3 are relevant, their probative value is outweighed
`by the danger of causing unfair prejudice and confusing the issues.
`
`Sections XII are XIII are not relevant because the Root reference is
`not prior art; to the extent Root is relevant, its probative value is
`outweighed by the danger of causing unfair prejudice and confusing
`the issues.
`
`
`FRE 702, 703, 704:
`
`¶¶ 20, 25, 32, 34-38, 42, 45-47, 49-51, 53, 57, 59, 62-64, 66-67, 76,
`122, 129-130, 132, 134, 136, 138-140, 143-144, 152-158, 165, 171-
`172, 185, 189-190, 193, 196, 198, 200-203, 209-210, 215-221 state
`improper legal conclusions.
`
`
`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. Hillstead regarding his declaration.
`FRE 401, 402, 403: This exhibit is not relevant. To the extent this
`document is relevant, its probative value is outweighed by the danger
`
`7
`
`
`
`1445
`
`1448
`
`1449
`
`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 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 802: This document is hearsay.
`
`FRE 901, 902: This document has not been authenticated.
`
`35 U.S.C. § 311: This document does not qualify as a printed
`publication.
`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 802: This document is hearsay.
`
`FRE 901, 902: This document has not been authenticated.
`
`35 U.S.C. § 311: This document does not qualify as a printed
`publication.
`
`8
`
`
`
`1452
`
`1456
`
`1457
`
`1458
`
`1459
`
`1460
`
`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 802: This document is hearsay.
`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 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 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
`
`9
`
`
`
`1463
`
`1464
`
`1466
`
`1467
`
`1468
`
`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
`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
`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).
`
`10
`
`
`
`1469
`
`1472
`
`1473
`
`1474
`
`1476
`
`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: 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).
`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).
`
`35 U.S.C. § 102: The exhibit is not prior art.
`
`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
`
`11
`
`
`
`1479
`
`1480
`
`1481
`
`1482
`
`1483
`
`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 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 106: This document is incomplete.
`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 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
`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.
`
`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.
`
`12
`
`
`
`1484
`
`1488
`
`1493
`
`1495
`
`1496
`
`1497
`
`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: This document is incomplete.
`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: In view of the Board’s Institution Decision, this
`exhibit is irrelevant and inadmissible under Rule 402. 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 it is inadmissible under Rule 403.
`FRE 401, 402, 403: In view of the Board’s Institution Decision, this
`exhibit is irrelevant and inadmissible under Rule 402. 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 it is inadmissible under Rule 403.
`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 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.
`
`13
`
`
`
`1498
`
`1499
`
`1500
`
`1501
`
`1503
`
`1505
`
`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 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 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 106: This document is incomplete.
`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 106: This document is incomplete.
`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 106: This document is incomplete.
`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.
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`14
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`1506
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`1507
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`1508
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`1509
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`1510
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`1511
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`FRE 106: This document is incomplete.
`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.
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`FRE 106: This document is incomplete.
`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.
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`FRE 106: This document is incomplete.
`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.
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`FRE 106: This document is incomplete.
`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 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.
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`FRE 106: This document is incomplete.
`FRE 403: To the extent this document may be relevant, its probative
`value is outweighed by the danger of causing unfair prejudice,
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`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.
`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: 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
`exhibit is not cited in the Petition or either expert declaration (Exs.
`1405, 1442).
`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: In view of the Board’s Institution Decision, this
`document is irrelevant and inadmissible under Rule 402. To the
`extent it 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 it is inadmissible under Rule 403.
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`1512
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`1514-
`1515
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`1518
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`1519
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`1520
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`Dated: March 10, 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
`
`17
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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 March 10, 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)
`Robi