Page 1
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` UNITED STATES PATENT AND TRADEMARK OFFICE
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
` ------------------------------------------------
` MEDTRONIC, INC., and
` MEDTRONIC VASCULAR, INC.,
`
` Petitioners,
`
` vs.
`
` TELEFLEX INNOVATIONS S.A.R.L.,
` Patent Owner.
` ------------------------------------------------
` IPR2020-00126 (Patent 8,048,032 B2)
` IPR2020-00127 (Patent 8,048,032 B2)
` IPR2020-00128 (Patent RE45,380 E)
` IPR2020-00129 (Patent RE45,380 E)
` IPR2020-00130 (Patent RE45,380 E)
` IPR2020-00132 (Patent RE45,760 E)
` IPR2020-00134 (Patent RE45,760 E)
` IPR2020-00135 (Patent RE45,776 E)
` IPR2020-00136 (Patent RE45,776 E)
` IPR2020-00137 (Patent RE47,379 E)
` IPR2020-00138 (Patent RE47,379 E)
`
` VIDEO EXPERT DEPOSITION TRANSCRIPT OF
` RICHARD A. HILLSTEAD, PH.D
` FRIDAY, SEPTEMBER 11, 2020
` JASPER, GEORGIA
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`1 APPEARANCES (continued):
`2 CARLSON, CASPERS, VANDENBURGH &
`3 LINDQUIST
`4 BY: PETER M. KOHLHEPP, ESQUIRE
`5 pkohlhepp@carlsoncaspers.com
`6 J. DEREK VANDENBURGH, ESQUIRE
`7 dvandenburgh@carlsoncaspers.com
`8 JOSEPH W. WINKELS, ESQUIRE
`9 jwinkels@carlsoncaspers.com
`10 Suite 4200
`11 225 South Sixth Street
`12 Minneapolis, Minnesota 55402
`13 612.436.9600
`14 Counsel for Patent Owner
`15 Also Present:
`16 Greg Smock and Howard Cyr, Teleflex
`17 Andrew Weber, videographer
`18 * * *
`19
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`1 * * *
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`2 3
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` Video Expert Deposition Transcript of
`4 RICHARD A. HILLSTEAD, PH.D. taken via remote
`5 communication at 3 Lukes Path, Jasper, Georgia
`6 on Friday, September 11, 2020, commencing at
`7 9:00 a.m. before Rebecca L. Klanderud, a
`8 Certified Shorthand Reporter.
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`Page 3
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`Page 5
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`1 APPEARANCES:
`2 ROBINS KAPLAN, LLP
`3 BY: CHRISTOPHER A. PINAHS, ESQUIRE
`4 cpinahs@robinskaplan.com
`5 CYRUS A. MORTON, ESQUIRE
`6 cmorton@robinskaplan.com
`7 SHELLEY R. GILLIS, PH.D.
`8 sgillis@robinskaplan.com
`9 Suite 2800
`10 800 LaSalle Avenue
`11 Minneapolis, Minnesota 55401
`12 612.349.8500
`13 Counsel for the Petitioners
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`1 INDEX:
`2 EXAMINATION: PAGE
`3 By Mr. Kohlhepp . . . . . . . . . . . . . 7
`4 * * *
`5 EXHIBITS:
`6 HILLSTEAD EXHIBITS: PAGE MARKED
`7 Exhibit 1042-135 Binder book marked CV
`8 and Declaration of
`9 Richard A. Hillstead 83
`10 * * *
`11 EXHIBITS:
`12 PREVIOUSLY MARKED EXHIBITS: PAGE MENTIONED
`13 Exhibit 1007 Itou patent 69
`14 Exhibit 1008 Ressemann reference 115
`15 Exhibit 1050 Enger patent 221
`16 Exhibit 2085 Figure 16D from the
`17 Ressemann patent 134
`18 Exhibit 2086 Drawing 170
`19 * * *
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`Page 6
`1 THE VIDEO TECHNICIAN: This is the
`2 11th day of September 2020. The time is 9:16
`3 Central Daylight Time.
`4 This is the videotaped deposition of
`5 Richard Hillstead in the matter of Medtronic,
`6 Inc., et al. versus Teleflex Innovations,
`7 S.A.R.L.
`8 My name is Andrew Weber, the
`9 videographer, representing Veritext Midwest.
`10 Would the attorneys please announce
`11 their appearances for the record?
`12 MR. KOHLHEPP: This is Peter Kohlhepp
`13 on behalf of the patent owner, Teleflex.
`14 Also, with me today is Derek
`15 Vandenburgh and Joe Winkels, and all three of us
`16 are with the Carlson Caspers law firm.
`17 Also, online I believe are Howard Cyr
`18 and Greg Smock of Teleflex.
`19 MR. PINAHS: This is Chris Pinahs on
`20 behalf of the petitioner, Medtronic.
`21 Also, here today is Cy Morton and
`22 Shelley Gillis of the Robins Kaplan law firm as
`23 well.
`24 MR. KOHLHEPP: Good morning, Dr.
`25 Hillstead.
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`Page 8
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`1 full name for the record, please?
`2 A. Yes. Richard Averill Hillstead.
`3 Q. What is your address?
`4 A. 3 Lukes Path, that's Luke as in
`5 Skywalker, and path, walk the path, Jasper,
`6 Georgia 30143.
`7 Q. Okay. And we'll just go over a few
`8 reminders here at the beginning of the
`9 deposition.
`10 Um, you're aware that you're
`11 testifying under your oath today, correct?
`12 A. Boy, I am really having trouble
`13 hearing you. I heard you say you are aware
`14 of . . .
`15 Q. You're aware that you're testifying
`16 under oath today, correct?
`17 A. Yes.
`18 Q. Okay. Do you have an understanding
`19 of why you're here today?
`20 A. Uh, yes. My understanding is to
`21 provide expert testimony regarding the -- the
`22 product at hand, as well as the field of
`23 interventional cardiology devices. Um, I think
`24 my role here is to help instruct the -- the PTAB
`25 panel, the attorneys, and anyone else involved
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`Page 7
`1 THE VIDEO TECHNICIAN: And would the
`2 court reporter please swear in the witness?
`3 THE COURT REPORTER: Dr. Hillstead,
`4 please raise your right hand, sir.
`5 THE WITNESS: I'm sorry.
`6 Could you repeat that?
`7 THE COURT REPORTER: Dr. Hillstead,
`8 please raise your right hand, sir.
`9 DR. HILLSTEAD: Oh, yes. Okay.
`10 * * *
`11 RICHARD HILLSTEAD,
`12 a witness in the above-entitled matter,
`13 having been first duly sworn,
`14 testified on his oath as follows:
`15 * * *
`16 EXAMINATION
`17 * * *
`18 BY MR. KOHLHEPP:
`19 Q. Good morning, Dr. Hillstead.
`20 A. Good morning.
`21 Q. Thanks for your patience as we get
`22 this remote, um, process set up. I know it's
`23 not quite as straightforward as it would be in
`24 person.
`25 Could you go ahead and state your
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`Page 9
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`1 as to what a person of skill in this field in
`2 interventional cardiology devices, um, would
`3 know about the subject matter.
`4 Q. And you mentioned the product at
`5 issue.
`6 What product is that?
`7 A. You say I mentioned products, and
`8 what product?
`9 Q. Correct.
`10 A. Well, we're talking about the guide
`11 extension catheter. We're talking about the --
`12 several products here involved. Um, there are
`13 multiple patents that resulted in products, so a
`14 number of products.
`15 Q. Okay. I think we'll get into that a
`16 little bit further in a moment.
`17 A. Okay.
`18 Q. So as your counsel has probably
`19 informed you, I'm going to be asking you a
`20 series of questions today, and it's important
`21 that we don't talk over each other.
`22 Particularly, because we're doing this remotely,
`23 it's a little bit more difficult, so --
`24 A. Um-huh.
`25 Q. -- I would just ask that you try to
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`1 let me finish my question before you start to
`2 answer. I will try to do the same, and let you
`3 finish your answer before I start another
`4 question.
`5 A. Good.
`6 Q. And as Mr. Pinahs mentioned, given
`7 our -- our audio issues, definitely let me know
`8 if you don't understand a question or can't hear
`9 me. Um, feel free to just wave or -- or say
`10 something if you didn't hear what I'm saying.
`11 A. I will. Thank you.
`12 Q. Uh, we can take breaks throughout the
`13 deposition. I will -- I will probably try to
`14 take a break about every hour but if you need a
`15 break other than that, feel free to ask, and we
`16 can definitely take a short break. I would just
`17 ask that you first answer the question that I've
`18 asked before we take that break.
`19 A. Very good.
`20 And -- and let me apologize in
`21 advance. Since I'm doing this from my dining
`22 room, and I'm expecting multiple deliveries
`23 today, and I have a dog that might bark because
`24 she needs to go out, my apologies for
`25 interruptions that come up, but it's just the --
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`Page 12
`1 guide extension product called the GuideLiner?
`2 A. The GuideLiner? Yes.
`3 Q. And were you familiar with that
`4 product when Robins Kaplan first contacted you?
`5 A. I have had familiarity with guide
`6 extension catheters. However, I'm not -- I'm
`7 not all that good on the names of them from a
`8 marketing perspective, um, but over the -- the
`9 last sev- -- many years, a decade or more, I'm
`10 familiar with the -- the concept and products
`11 that are related to extending the reach of
`12 guiding catheters.
`13 Q. Okay. But you don't remember if you
`14 are specifically familiar with the -- the
`15 GuideLiner product?
`16 A. GuideLiner is definitely a name I --
`17 I have heard, and, um, but I -- I would not say
`18 that I've -- I spent a lot of time studying the
`19 GuideLiner device prior to this case.
`20 Q. Okay. But you're fairly certain that
`21 you've at least heard the name GuideLiner prior
`22 to being retained in these matters?
`23 A. Yes, definitely.
`24 Q. Prior to being retained in these
`25 matters, were you familiar with any other guide
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`1 uh, the nature of things right now.
`2 Q. Sure, and I appreciate that.
`3 Uh, Dr. Hillstead, who retained you
`4 in these IPR matters?
`5 A. Um, the firm of Robins Kaplan.
`6 Q. Do you remember when you were first
`7 approached about these matters?
`8 A. It was about a year ago. Um, I don't
`9 recall exactly what the first contact was,
`10 whether it was -- um, who -- who made the first
`11 call, I don't really recall.
`12 Q. Was it an attorney from Robins
`13 Kaplan?
`14 A. I believe so. Um, I'm pretty sure it
`15 was -- um, I think it was probably Sherry Roberg
`16 [sic] was the first person to contact me.
`17 Q. Had you work with the Robins Kaplan
`18 law firm prior to this?
`19 A. I don't believe so. I don't recall
`20 specifically working with them, certainly not
`21 the -- um, the Minneapolis -- well, I don't
`22 know. That might be their only office. I don't
`23 know, but I have not worked with any of the
`24 folks there before.
`25 Q. Are you currently familiar with the
`
`1 extension products?
`2 A. I'm going to have to ask you to
`3 repeat that.
`4 You said prior to retained in this
`5 device that . . .
`6 Q. Prior to being retained in these
`7 matters --
`8 A. Um-huh.
`9 Q. -- were you familiar with any other
`10 guide extension products other than the
`11 GuideLiner?
`12 A. Uh, yes, but, again, my familiarity
`13 wouldn't be the same as, for instance, a
`14 physician who routinely uses them. Um,
`15 GUIDEZILLA sticks out in my mind because it's a
`16 catchy name, um, and I think -- um, I know there
`17 are others. That's the only one that comes to
`18 mind at the moment namewise.
`19 Q. And you're aware that these
`20 proceedings challenge, uh, five patents,
`21 correct?
`22 A. I think that's the number, yeah, five
`23 patents. I believe you're correct.
`24 Q. And you're aware that they all
`25 pertain to Teleflex's GuideLiner product?
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`1 A. That is my understanding.
`2 Q. Okay. So if I use the term
`3 "GuideLiner patents," you'll understand that to
`4 be referring to the five patents that are at
`5 issue in this proceeding?
`6 A. Well, I'll -- I'll understand that
`7 now that you've told me that, so I'll accept
`8 that, yes.
`9 Q. Fair enough. I just wanted to make
`10 sure we're on the same page as we're talking
`11 about things.
`12 A. We are now. Thank you.
`13 Q. Okay. So let's go back about a year
`14 ago when Robins Kaplan first contacted you.
`15 A. Um-huh.
`16 Q. Um, what was the first thing you did
`17 that you recall after they contacted you about
`18 these matters?
`19 A. What was the first thing I did after
`20 they contacted me?
`21 Q. Sure.
`22 Did you review the patents?
`23 Did you go do some online research?
`24 What did you do?
`25 A. Well, literally, the first thing I
`
`1 some sort. And, uh, during that time, there
`2 probably would have been a ramp of exchange of
`3 information, but I don't recall exactly the
`4 sequence over a year ago.
`5 Q. So would it be accurate to say that
`6 the first documents you reviewed regarding this
`7 matter were the GuideLiner patents themselves?
`8 A. Probably would have been something
`9 more like a complaint or a -- something along
`10 those lines, but, typically, when I'm retained
`11 in a case like this, those -- um, those
`12 documents, those exhibits, those things that
`13 we're going to use in the case start arriving
`14 almost simultaneously.
`15 And forgive me if I -- if I don't
`16 have a step-by-step, hour-by-hour, day-by-day
`17 recollection of which document I looked at first
`18 and second, and so on, but it would be fair to
`19 say that early on in my association with this
`20 case, I looked at those.
`21 Q. And by "those," you mean the
`22 GuideLiner patents?
`23 A. Well, that's what you were asking me
`24 about, so "those," I do mean GuideLiner patents,
`25 yes.
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`1 did was, uh, return the call on my answering
`2 machine because that was the first communication
`3 was: Dr. Hillstead, we'd like to talk to you
`4 about this.
`5 And so I called back, and they gave
`6 me a little more, um, background on it. We did
`7 conflict checks, and so on, and then we said:
`8 Let's consider moving forward.
`9 Um, I don't know if exactly at the
`10 same time -- that would have been when they
`11 probably sent me the patents-in-suit or perhaps
`12 -- um, oh, you know, I may have gone online and
`13 searched for any sort of, um, legal activity
`14 about it. I do that often. If somebody calls
`15 me out of the blue with a case, I'll go to one
`16 of the online patent information people, whether
`17 it's Knobbe Marten or Martens or any of the --
`18 uh, and I can't -- I don't remember the names of
`19 them now, but there's multiple different sort of
`20 patent groups out there that provide newsletters
`21 and information on PTAB filings, as well as
`22 court filings. So I probably looked for
`23 something there.
`24 And then very shortly after that, we
`25 probably discussed, um, a retaining letter of
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`1 Q. So you -- also, in your declarations
`2 that you put together, you rely on several
`3 other, uh, patents and printed publications.
`4 Is that right?
`5 A. Yes, that is correct.
`6 Q. Okay. So what -- what I'd like to
`7 find out is: How were those identified?
`8 Did you find them yourself, or did
`9 the Robins Kaplan send them to you?
`10 A. Well, when -- when you say
`11 "identified," you mean how were they brought to
`12 -- to light in the case?
`13 How were they found and brought into
`14 our -- our intent to look at them and use them?
`15 Q. How were they brought to your
`16 attention?
`17 A. That would have been a very
`18 collaborative effort. As -- as I'm sure you're
`19 well aware, there's -- this is a large bunch of
`20 IPRs and a lot of things going on here, so there
`21 would have been, um, both my research and my own
`22 history in this area, as well as the attorneys
`23 at Robins Kaplan who would be looking for the
`24 appropriate prior art.
`25 Q. Do you recall any specific pieces of
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`1 prior art that you rely on that you yourself
`2 found through your own research?
`3 A. No. I would not have -- uh, have
`4 made a note of that either mentally or -- um, or
`5 written or anything because that -- because,
`6 frankly, I didn't expect a question like this.
`7 You know, it's not as if, um,
`8 somebody takes credit while we're all doing the
`9 research. As you well know, you've probably got
`10 a team of attorney and if we're together in a
`11 room and we all have our laptops and we're all
`12 talking about a subject, and, you know, I might
`13 be on the PTAB database, somebody else might be
`14 doing Google patents or someone else may be --
`15 Q. Sure.
`16 A. -- somewhere.
`17 Q. Right.
`18 A. So I do not specifically remember.
`19 Q. Okay. Fair enough.
`20 So what I'm really asking about is
`21 the -- the main references that you relied on,
`22 so let's just very briefly talk about them.
`23 The Itou reference, you're familiar
`24 with that?
`25 A. I missed -- I missed the second part
`
`1 the prior art, uh, database there. I don't
`2 recall if I saw it first or if it was handed to
`3 me or if it was brought up in a meeting where we
`4 were all looking for prior art. I just don't
`5 recall.
`6 Q. How about the Ressemann reference?
`7 Was that something you found yourself
`8 or something Robins Kaplan gave you?
`9 A. Did you say Ressemann?
`10 Q. I did say Ressemann, yes.
`11 A. Okay. This is probably going to be
`12 my answer here. I -- I -- you know, nothing --
`13 in thinking after answering your question first,
`14 and, actually, my mind kind of ran through the
`15 rest of the prior art there, and nothing stands
`16 out as to me taking credit for I found this.
`17 Q. So your answer would be you can't
`18 recall any specific prior art reference that you
`19 found on your own?
`20 A. At the moment, I do not -- I have not
`21 thought about that, given it any -- um, any sort
`22 of priority to think of that, so, no.
`23 Q. So your answer is you cannot recall
`24 any specific piece of prior art --
`25 A. That --
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`1 of your question, and I'm sorry. It seems
`2 almost if you're talking and you're looking down
`3 at notes or something, when you look down, it
`4 gets more muffled if that helps you in any way.
`5 Q. All right.
`6 A. So I just -- okay.
`7 Q. Sure. Okay. Good to know.
`8 Uh, the Itou patent --
`9 A. Yeah.
`10 Q. -- was that something that you found
`11 on your own, or did Robins Kaplan provide that
`12 to you?
`13 A. Well, that's a good question. I have
`14 seen Itou before. Um, it's not an uncommon
`15 patent in this -- in the world, in the area
`16 we're talking about. I had seen it before, and
`17 actually I ran across a paper copy of it just
`18 the other day.
`19 We have recently moved into the house
`20 we're in now, and I was going through an office
`21 with 30 years' worth of documents and tossing
`22 things, and Itou just happened to be one of
`23 them, um, but I -- here again, I don't recall
`24 whether or not I chose Itou at the early stages
`25 of the -- of this research and building the --
`
`1 Q. -- you found on your own?
`2 A. That is my answer, yeah.
`3 Q. In connection with putting together
`4 your declarations for this matter, did you talk
`5 with a Dr. Brecker?
`6 A. He was on a phone call that we had,
`7 um, and so -- and there were multiple people on
`8 the call. It was a conference call, so we did
`9 exchange a few direct comments with one another.
`10 Q. Was that before you signed the
`11 declarations that you submitted in this matter?
`12 A. I -- yes, yes.
`13 Q. Approximately, how long was that
`14 phone call?
`15 A. Oh, it wasn't -- it wasn't very long.
`16 Uh, I -- I don't know, 15 minutes, 10 minutes or
`17 something and -- and my participation in it was
`18 very small. There was a lot of talking going
`19 on, and Dr. Brecker and I said hello and sort of
`20 remembered running into each other at various
`21 meetings.
`22 We both routinely attend the TCT
`23 meeting and the American College of Cardiology,
`24 the PCR in Europe, and ACC meetings, and so on,
`25 and so it was mostly exchanging pleasantries.
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`1 Q. Okay. So would it be fair to say
`2 that during this call, you and Dr. Brecker
`3 didn't really talk about much substantive --
`4 THE COURT REPORTER: I'm sorry.
`5 Could you repeat that question,
`6 please?
`7 MR. KOHLHEPP: Sure.
`8 BY MR. KOHLHEPP:
`9 Q. I said would it be fair to say that
`10 during this telephone call, you and Dr. Brecker
`11 did not discuss substantive things?
`12 MR. PINAHS: Dr. Hillstead, you can
`13 answer the question, but please do not and I
`14 will counsel you not to discuss the substance of
`15 the call with Dr. Brecker.
`16 THE WITNESS: So as the call was
`17 related to the subject matter here, as I said,
`18 there were multiple attorneys on the call and
`19 Dr. Brecker, um, subject matter was certainly
`20 discussed, but as the direct interaction between
`21 myself and Dr. Brecker was limited. I don't
`22 recall -- it wasn't as if the call was set up
`23 for me to ask him questions or him to ask me
`24 questions.
`25 BY MR. KOHLHEPP:
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`Page 23
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`1 Q. Prior to submitting your
`2 declarations, did you talk to Dr. Brecker on any
`3 other occasions?
`4 A. Did you say on other issues?
`5 Q. Any other times?
`6 MR. PINAHS: Objection.
`7 THE WITNESS: Okay. Any other time.
`8 Did it -- and to the best -- no.
`9 That was the only call that I -- that I had
`10 where I spoke to Dr. Brecker. I can't say
`11 categorically that he wasn't on another
`12 conference call, but I don't believe he was. I
`13 don't believe we ever had any other
`14 communications during the course of -- of this
`15 case.
`16 BY MR. KOHLHEPP:
`17 Q. Have you talked to Dr. Brecker since
`18 that call before you submitted your declaration?
`19 A. Have I talked to him you said?
`20 Q. Let me rephrase that question.
`21 A. Good.
`22 Q. In the time from when you submitted
`23 your declarations to now, have you talked to Dr.
`24 Brecker?
`25 A. No, no.
`
`1 Q. Do you recall talking to anyone else
`2 other than the attorneys from Robins Kaplan and
`3 Dr. Brecker in the course of preparing your
`4 declarations?
`5 A. And you mean about this case to
`6 anyone else during the course --
`7 Q. Correct.
`8 A. Oh, no, no.
`9 Q. Now, before signing your
`10 declarations, did you review the five GuideLiner
`11 patents?
`12 A. Well, I think what -- that's already
`13 been answered. I -- yes. I did review those
`14 patents, um, before signing my declaration, yes.
`15 Q. Did you review the claims of those
`16 patents?
`17 A. Certainly if I'm reviewing a patent,
`18 I will be looking at claims, yes.
`19 Q. Approximately, how much time did you
`20 spend preparing the declarations for these
`21 matters?
`22 A. Uh, that's a good question, and I
`23 have not sat around and tallied that up. Quite
`24 a bit. There's a -- I'll go back to what I said
`25 earlier. I don't know if it was the 13 or so
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`Page 25
`1 declarations that we have here in -- uh, in this
`2 case. That takes a lot of time, so it was
`3 pretty busy activity pulling together all that
`4 we put together before signing them, so I don't
`5 know. It was over a couple months it seems
`6 like. A lot of work.
`7 Q. Was it in the ballpark of 50 hours, a
`8 hundred hours?
`9 A. Probably between 50 and a hundred
`10 somewhere. Actually, I think I owe some -- um,
`11 some invoicing still but . . .
`12 I mean if you need to -- if that's
`13 something that is really important, I could go
`14 find out. I could go look at billing, but I
`15 don't typically -- um, I don't typically keep
`16 track of -- of that.
`17 Q. What hourly rate are you charging for
`18 these proceedings?
`19 A. I'm sorry.
`20 Once again, I lost the first part of
`21 that. You were looking down and that --
`22 Q. Sorry.
`23 A. -- muffled it some.
`24 Q. My apologies.
`25 What hourly -- what hourly rate are
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`1 you charging for this proceeding?
`2 A. Uh, six-fifty per hour.
`3 Q. Approximately, how much have you, um,
`4 invoiced so far for these matters?
`5 A. Oh, gosh. I just -- I don't know. I
`6 don't look. I have a bookkeeper that handles my
`7 -- you know, I'm incorporated, so I -- I put
`8 together the billing invoice. She takes the
`9 checks when they come in and -- and does the
`10 bookkeeping. I don't -- I really don't recall.
`11 Q. Can you provide an estimate?
`12 A. Uh, I don't know. Uh, I really don't
`13 know. I could go look and get you the number
`14 later but an estimate over the last year of time
`15 though, I . . .
`16 Q. Is it over a hundred thousand?
`17 A. Probably not. Um, maybe --
`18 Q. Over 50 --
`19 A. Yeah. Maybe between 50 and a
`20 hundred, something like that, yeah.
`21 Q. I wanted to ask you what you did in
`22 preparation for this deposition.
`23 Did you meet with Medtronic's
`24 counsel?
`25 A. Not physically. Uh, we're all
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`1 Uh, is this prior to institution or
`2 after or . . .
`3 Q. Correct. It would have been briefs
`4 filed by Teleflex prior to institution.
`5 A. Um, well, it seems like I may have
`6 seen something there, but I certainly didn't
`7 spend a great deal of time. And, now, I do
`8 recall, um, I think seeing some related
`9 documents, but nothing I spent any great deal of
`10 time on or could quote from or anything.
`11 Q. Did you review any of the
`12 declarations filed by Teleflex experts prior to
`13 institution?
`14 A. Again, I lost the first part, but I
`15 think you said did I review the declaration or
`16 look at a declaration by a Teleflex expert?
`17 Q. Correct.
`18 A. Yeah. I did see that at some point
`19 in the process. Um, Keith I believe was his
`20 name.
`21 Q. Did you review the Patent Trial and
`22 Appeal Board's institution decisions in these
`23 matters?
`24 A. The patent file and what was your
`25 next word?
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`1 getting pretty adept at these Zoom calls,
`2 so . . .
`3 Q. So you did meet with the attorneys
`4 from Robins Kaplan remotely in preparation for
`5 this deposition?
`6 A. Yes.
`7 Q. Approximately, how much time did you
`8 spend meeting with the Robins attorneys
`9 preparing for this deposition?
`10 A. I don't know. It seems like we did,
`11 uh, three or four -- three-and-a-half, something
`12 like -- maybe three or four zoom calls that
`13 they -- five or six hours in a day doing that.
`14 Q. Other than the Robins Kaplan
`15 attorneys, are there people you spoke with in
`16 preparation for this deposition?
`17 A. Um, not really. Um, I can't -- I
`18 really can't think of any.
`19 Q. Prior to this deposition, did you
`20 review any of the preliminary responses that
`21 Teleflex filed in these matters?
`22 A. Please repeat that?
`23 Q. Did you review any of the preliminary
`24 responses that Teleflex filed in these matters?
`25 A. Preliminary responses?
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`1 Q. Did you review the institution
`2 decisions in these IPRs?
`3 A. Yeah, sort of. It's kind of boring.
`4 Uh, I don't -- I did review it superficially,
`5 but it wasn't anything I spent a great deal of
`6 time on.
`7 Q. Okay. Did you review the transcript
`8 from the deposition of Dr. Brecker?
`9 A. Yes. I did review that in -- the
`10 transcript, yep, the written transcript.
`11 Q. Did you review any video of that
`12 deposition?
`13 A. No.
`14 Q. Is there anything else that you
`15 reviewed that we haven't talked about in
`16 preparation for this deposition?
`17 A. I don't believe so. I think
`18 everything that I reviewed that contributed to
`19 my opinion would be attachments or exhibits to
`20 my reports.
`21 Q. So you've worked as an expert in
`22 patent disputes before, correct?
`23 A. Yes, I have.
`24 Q. Approximately, how many times?
`25 A. Um, in patent disputes.
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`1 Would you -- would that include both
`2 the trade secrets and infringement and IPRs and
`3 European EPO oppositions, that sort of thing?
`4 Q. Sure.
`5 A. All of those?
`6 I don't know. Maybe, um, ten times
`7 or so, eight or ten times. Maybe more. Around
`8 that though.
`9 Q. If you were asked, would you be able
`10 to provide a list of those matters?
`11 A. Yeah, probably. Uh, I wouldn't be
`12 able to give you much detail but, um, certainly,
`13 yeah.
`14 Q. To your knowledge, has your opinion
`15 as an expert ever been excluded?
`16 A. You mean like through a Daubert
`17 motion?
`18 Q. Correct, or something similar?
`19 A. Something similar?
`20 The -- the only anything I can recall
`21 was there and it was common to all of us was
`22 Justice Allison Burroughs -- oh, I'm hearing an
`23 echo of my own voice. I'm sorry. I thought it
`24 was counsel, uh, objecting. This suddenly just
`25 started happening. My own voice is coming back
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`1 infringement cases, um, yeah, similar to what
`2 we're doing here.
`3 Q. Anything else you can think of?
`4 A. You know, I'm trying to -- to look
`5 through that. I've been doing this for about 25
`6 years or more, 30 years, so the -- it seems like
`7 the first time I had anything to do with
`8 Medtronic as their client -- no. Actually, I
`9 was oppos