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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.
`___________________________________________________
`
`IPR2020-01341 (Patent 8,142,413 B2)
`IPR2020-01342 (Patent 8,142,413)
`IPR2020-01343 (Patent RE46,116 E)
`IPR2020-01344 (Patent RE46,116)
`
`____________________________________________________
`
` VIDEOCONFERENCE VIDEOTAPED
` DEPOSITION OF
` RICHARD HILLSTEAD, Ph.D.
`
`DATE: April 13, 2021
`TIME: 9:01 a.m.
`PLACE: Minneapolis, Minnesota
`Veritext Virtual Videoconference
`(via videoconference)
`JOB NO.: MW 4517178
`
`REPORTED BY: Dawn Workman Bounds, CSR
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`Page 2
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`A P P E A R A N C E S
` (ALL APPEARANCES VIA VIDEOCONFERENCE)
`ON BEHALF OF PETITIONERS:
` RYAN DORNBERGER, ESQ.
` CYRUS A. MORTON, ESQ.
` ROBINS KAPLAN LLP
` 2800 LaSalle Plaza
` 800 LaSalle Ave
` Minneapolis, MN 55401
` 612.349.8500
` camorton@rkmc.com
` rdornberger@RobinsKaplan.com
`
`ON BEHALF OF PATENT OWNER:
`
` JOSEPH W. WINKELS, ESQ.
` ALEX S. RINN, ESQ.
` DEREK VANDENBURGH, ESQ.
` CARLSON CASPERS VANDENBURGH & LINDQUIST, PA.
` Capella Tower, Suite 4200
` 225 South Sixth Street
` Minneapolis, MN 55402
` 612.436.9623
` arinn@@carlsoncaspers.com
` dvandenburgh@carlsoncaspers.com
` jwinkels@carlsoncaspers.com
`
` KENNETH E. LEVITT, ESQ.
` DORSEY & WHITNEY, LLP
` 50 South 6th Street, Suite 1500
` Minneapolis, MN 55402
` 612.340.2600
` levitt.kenneth@dorsey.com
`
`ALSO PRESENT:
`
` Ken Williamson, Videographer
` Peter Keith
` Greg Smock, Teleflex
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`Page 3
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` I N D E X
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`WITNESS: RICHARD HILLSTEAD, Ph.D. PAGE
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`EXAMINATION BY MR. WINKELS......................... 7
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`EXAMINATION BY MR. DORNBERGER...................... 184
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`EXAMINATION BY MR. WINKELS......................... 188
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`EXHIBITS PREVIOUSLY MARKED/REFERRED TO
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`No. 1001_1341: Patent No. US 8,142,413B2.......... 61
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`No. 1001_1343: Patent No. US RE46,116E............ 14
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`No. 1007: Patent No. US 7,736,355B2.......... 68
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`No. 1008: Patent No. US 7,604,612B2.......... 99
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`No. 1025: Patent No. US 2005/0015073A1....... 99
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`No. 1042_1341: Declaration of Richard Hillstead... 9
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`No. 1042_1343: Declaration of Richard Hillstead... 124
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`No. 1409: Patent No. 5,439,445............... 102
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`No. 1410: Takahashi Article.................. 112
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`No. 1435: Patent Publication
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` No. 2004/0010280 A1................ 110
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`No. 1442_1342: Declaration of Richard Hillstead... 10
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`No. 1442_1344: Declaration of Richard Hillstead... 153
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`No. 1455: 2004 Sakurad - Improved performance
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`20
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` of a new thrombus aspiration
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` catheter_Outcomes from in vitro.pdf 172
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`No. 1507: 2018-01-24 379 FH Applicant Initiated
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` Interview Summary (PTOL-413).pdf... 52
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`No. 1511: 2018.01.19 379 FH Applicant Arguments
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` and Remarks Made in an Amendment.pdf 48
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`EXHIBITS PREVIOUSLY MARKED/REFERRED TO (CONTINUED)
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`No. 2137: Deposition transcript of Richard
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` Hillstead.......................... 12
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`Page 4
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`No. 3004: Errata sheet from Richard Hillstead
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` 9-11 deposition.................... 14
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`No. 3005: Errata sheet from Richard Hillstead
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` 9-15 deposition.................... 14
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`No. 3006: Figure 13.......................... 16
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` P R O C E E D I N G S
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` THE VIDEOGRAPHER: We are on the record.
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`The time is 9:01 Central Time, on April 13, 2021. Please
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`note your microphones are sensitive and will pick up
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`whispering and private conversations and cell
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`interference. Please turn off your cell phones or place
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`them away from the microphones, as they will interfere
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`with the audio. Audio and video recording will continue
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`to take place unless all parties agree to go off the
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`record.
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` This is Media Unit 1 of the video-recorded
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`deposition of Dr. Richard Hillstead in the matter of
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`Medtronic, Inc., and Medtronic Vascular, Inc., versus
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`Teleflex Innovations S.A.R.L. Case is filed in the
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`United States Patent and Trademark Office before the
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`Patent Trial and Appeal Board. Our index numbers are
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`IPR2020-01341, IPR2020-01342, IPR2020-01343,
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`IPR2020-01344.
`
` This deposition is being held via Zoom
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`conference. My name is Ken Williamson for the firm
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`Veritext Midwest. I am the videographer. Our court
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`reporter is Dawn Bounds also with Veritext Midwest. I am
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`not authorized to administer an oath. I am not related
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`to any party in this action nor am I financially
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`interested in the outcome.
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` Counsel, please identify themselves and
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`state their appearances and affiliations for the record,
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`and please begin with the noticing attorney.
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` MR. WINKELS: For Teleflex, Joe Winkels
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`with the Carlson Caspers firm; and with me on the line is
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`Derek Vandenburgh, Alex Rinn, Ken Levitt, Pete Keith, and
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`Greg Smock.
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` MR. DORNBERGER: Good morning. This is
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`Ryan Dornberger from Robins Kaplan on behalf of the
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`petitioners. With me today is Cy Morton also from Robins
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`Kaplan.
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` THE VIDEOGRAPHER: Thank you, Counsel.
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` Will our court reporter now swear in our
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`witness, please.
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` THE REPORTER: Due to the need for this
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`deposition to take place remotely because of the
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`government's order for physical distancing, the parties
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`will stipulate the court reporter may swear in the
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`witness over the videoconference and the witness has
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`verified that he is in fact Dr. Richard Hillstead.
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` Agreed, counsel?
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` MR. WINKELS: Agreed.
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` MR. DORNBERGER: Agreed.
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` RICHARD HILLSTEAD, Ph.D.,
`
`duly sworn via videoconference as stipulated by counsel
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`www.veritext.com
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`was examined and testified as follows:
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` EXAMINATION
`
`BY MR. WINKELS:
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` Q. Good morning, Dr. Hillstead. My name's Joe
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`Winkels, and I'm here on behalf of Teleflex, the patent
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`owner.
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` I'm not sure -- we haven't had a chance to
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`meet yet. How are you today?
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` A. I'm good.
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` But I am suffering a little from our
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`seasonal allergies in Atlanta, so I apologize for any
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`throat clearing I'm doing during the interview here.
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` Q. No problem. You sound just fine to me.
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` So today obviously we're doing this
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`deposition via Zoom. I know you've done this before
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`earlier in this -- in a related matter.
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` It's really important that you and I don't
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`speak over each other on Zoom. So I will do my best to
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`not interrupt you; and if you can do your best to try to
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`not interrupt me, let me finish my question, I'll let you
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`answer and let you finish your question, I think we'll
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`get through today much more easily. Does that sound
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`fair?
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` A. Very good.
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` Q. Dr. Hillstead, today are you at the Robins
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`Page 8
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`Kaplan office, I take it?
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` A. Yes, I am.
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` Q. And is anyone in the room with you today?
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` A. Yes, the two people that were just announced by
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`Ryan.
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` Q. Okay. So you're in the same room with the
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`lawyers today?
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` A. Yes, I am.
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` Q. Okay. Now, what did you do to prepare to
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`testify today?
`
` A. We had some meeting time yesterday, went
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`over -- went over my declarations and other materials.
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` Q. And did you review any documents?
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` A. Yes.
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` Q. What did you review?
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` MR. DORNBERGER: Objection, privileged.
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` I'm going to instruct the witness not to
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`answer as to any documents that were -- or the group of
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`documents that were shown to the witness as privileged.
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`If you want to ask about specific documents, go ahead.
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`BY MR. WINKELS:
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` Q. Dr. Hillstead, did you review any documents
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`before you got up to Minneapolis?
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` A. Yes.
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` Q. What did you review?
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` A. My declaration and associated documents with
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`that declaration.
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` Q. Okay. Did you review the exhibits to your
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`declaration?
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` A. Yes, I would have reviewed some of those, yes.
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` Q. Okay. Now, you submitted four declarations.
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`We're going to talk about those today, but I want to get
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`those admitted first.
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` Do you have the binder of documents in
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`front of you, Dr. Hillstead?
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` A. Yes, I do.
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` Q. Perfect.
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` So let's get the four declarations
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`admitted first here and then we'll start talking about
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`them.
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` The first document in your binder is a
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`declaration you submitted in connection with IPR 1341
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`related to the '413 patent; is that right?
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` A. That is what the tab says and that appears to
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`be what the cover sheet says as well.
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` Q. And that is labeled Medtronic Exhibit 1042,
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`correct?
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` A. Down in the lower right-hand corner, yes.
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` Q. All right. And that exhibit is the declaration
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`you submitted in connection with the 1341 IPR relating to
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`Page 10
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`the '413 patent, right?
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` A. What was your last -- relating to the what?
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` Q. The '413 patent.
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` A. That is correct, yes.
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` Q. Okay. The third tab in your binder -- for some
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`reason your binder, they got a little out of order. Go
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`to the third tab in your binder. It's labeled EX 1442,
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`underscore, 1342.
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` A. 1342, yes, that is the third tab.
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` Q. Okay. And that third tab is Medtronic Exhibit
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`1442, and that is the declaration you submitted in
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`connection with IPR 1342 relating to the '413 patent,
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`right?
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` A. That is correct.
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` Q. Okay. If you'd go back to the second tab,
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`please, Dr. Hillstead.
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` A. Okay.
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` Q. The second tab is labeled as Medtronic Exhibit
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`1042; and this is the declaration you submitted in
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`connection with IPR 1343 that relates to the '116 patent,
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`correct?
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` A. Yes, that is -- that is correct.
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` Q. All right. And if you could go to the fourth
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`tab, please, sir.
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` A. Can I ask you a quick question?
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` It has the same exhibit number on the
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`bottom.
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` Q. Exactly. And I was going to go over this after
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`I get done with the last one. But we're going to need to
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`be careful today so that we identify what exhibit we're
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`talking about. So when I reference the declarations
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`today, we'll use the exhibit number on the bottom right.
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` A. Right.
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` Q. We'll also reference the IPR number and the
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`patent it relates to, because there are duplicate exhibit
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`numbers so we need to be careful.
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` A. Okay.
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` Q. All right. Let's get the --
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` A. Let me ask. Could I get a sticky tab and -- is
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`it okay if I put a sticky tab on this?
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` Q. Sure.
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` THE WITNESS: Do you have any? I didn't
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`bring mine with me.
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` Thank you.
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` A. Sorry. Thank you.
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`BY MR. WINKELS:
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` Q. No problem.
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` So if you could go to your fourth tab,
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`Dr. Hillstead.
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` A. Okay.
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` Q. The fourth tab is identified as Medtronic
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`Exhibit 1442; and this is the declaration you submitted
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`in connection with IPR 1344 relating to the '116 patent,
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`Page 12
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`correct?
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` A. That is correct.
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` Q. Okay. Now, you were deposed previously in
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`connection with some IPRs on patents that are related to
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`the '413 and '116 patents, right?
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` A. Yes, there has been quite a few IPRs in this
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`case and I was deposed before.
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` Q. Right. If you could turn in the -- kind of
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`towards the back of you binder is Exhibit 2137.
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` A. Yes, I found that.
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` Q. And if you look at the cover of page 2137, this
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`is the deposition transcript from your deposition that
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`took place on September 11, 2020, correct?
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` A. That is how it is labeled, yes.
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` Q. I want to draw your attention. If you go
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`through the deposition -- and kind of go to the middle of
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`that document. There's actually two deposition
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`transcripts here. If you go to the end -- there's kind
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`of the word index in the middle. If you go a couple
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`pages past that, you'll get to another deposition cover
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`sheet that shows that it's the -- there's actually two
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`transcripts here, one from your September 11th deposition
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`Page 13
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`and one from your September 15th deposition; is that
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`correct?
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` A. Okay. I'm not finding the middle point yet.
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` Oh, wait a minute, I'm close now.
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` Q. It's page 116 in the exhibit on the lower
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`left.
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` A. Okay. I have found that.
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` And it is labeled as September 15, 2020.
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` Q. Do you recognize what's shown in this document,
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`Exhibit 2137, as your two deposition transcripts from
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`September 11, 2020, and September 15, 2020, right?
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` A. I believe I understood what you said. When you
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`turn away to look at your documents, your audio gets a
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`little hard to understand. But I think I could agree
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`with what you said there.
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` Q. Okay. These are your deposition transcripts
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`from September 11th and September 15th of 2020, right?
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` A. Correct.
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` Q. Now, did you testify truthfully at your
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`depositions on September 15th and September 11th, 2020?
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` A. Yes.
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` Q. And after those depositions, you had the chance
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`to review those deposition transcripts, correct?
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` A. I believe I did, yes.
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` Q. And you did in fact review those deposition
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`Page 14
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`transcripts, correct?
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` A. Yes, correct.
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` Q. And you provided we call them errata sheets for
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`each of the depositions, right?
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` A. To the best of my recollection, yes, I did.
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` Q. So in the back of you binder, I'll draw your
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`attention, Dr. Hillstead, to Exhibit 3004.
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` A. Okay.
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` Q. And what is shown in Exhibit 3004 is one of the
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`errata sheets you provided in connection with a
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`deposition you gave in a related matter on these IPRs,
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`correct?
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` A. That does -- yes, that is what this appears to
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`be.
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` Q. And then if you turn to Exhibit 3005 in your
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`binder.
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` A. Okay.
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` Q. That is the second errata sheet that you
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`provided in connection with the deposition in the related
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`matters of these IPRs, correct?
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` A. I believe so, yes.
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` Q. All right. Let's turn to the '116 patent. And
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`so if you go in your binder, Dr. Hillstead, it's the -- I
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`believe it's the fifth tab in your binder. It's labeled
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`Exhibit 1001 and it's the '116 patent. Let me know when
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`you're there, please.
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` MR. DORNBERGER: Hey, Joe, you're cutting
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`out on our end. Can you say which tab number that was
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`again?
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` MR. WINKELS: The fifth tab.
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` A. Okay.
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`BY MR. WINKELS:
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` Q. All right. What I'm showing you is a document
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`marked Medtronic Exhibit 1001, and it is U.S. Patent RE
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`46,116, correct?
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` A. Yes, that is correct.
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` Q. And, Dr. Hillstead, today if I refer to patents
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`by their last three numbers, for example, this one as the
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`'116 patent, will you understand what I'm referring to?
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` A. Yes, I would.
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` Q. Okay.
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` MR. DORNBERGER: Joe, my fifth tab is the
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`'413 patent, not the '116.
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` MR. WINKELS: Okay. Well, it should be
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`the sixth tab then.
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` MR. DORNBERGER: Okay.
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` MR. WINKELS: So as long as we have the
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`'116 tab. I may be off on my tab numbers and I'm -- I
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`think I'm going to stop doing the tab numbers because I'm
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`referring to exhibit numbers.
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`BY MR. WINKELS:
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` Q. So, Dr. Hillstead, do you have Exhibit 1001 in
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`front of you that is in fact the '116 patent?
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` A. Yes, I do.
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` Q. Okay. Now, you've reviewed the '116 patent,
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`right?
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` A. Yes, I have.
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` Q. And you've provided some opinions on the '116
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`patent in this case?
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` A. That is correct.
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` Q. Okay. Let's turn to claim 25 of the '116
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`patent.
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` And let me know when you're there, sir.
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` A. Okay.
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` Q. Okay. If you could review claim 25 for me, and
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`let me know when you're done reading claim 25.
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` A. Okay.
`
` Okay. I've -- excuse me -- read through
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`it. It's a long claim.
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` Q. Thank you.
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` Since you don't have the Exhibit Share up,
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`Dr. Hillstead, if you could go in your binder and grab
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`Exhibit 3006. Keep your hand on that claim 25. But I
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`think you should pull out Exhibit 3006 out of the back of
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`your binder.
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` A. Is that a single drawing in purple?
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`Page 17
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` Q. Yes, sir.
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` A. Okay.
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` Q. Yep.
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` Why don't you pull that out so you have
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`Exhibit 3006 in front of you along with the '116 patent.
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` A. Okay.
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` Q. Yep, exactly.
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` A. Okay.
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` Q. All right. Now, do you see that in Exhibit
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`3006 what I've done is I've colored Exi -- or Figure 13
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`of the '116 patent?
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` A. Yes, I see that.
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` Q. Okay. If you go back to Claim 25 now of the
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`'116 patent, and I'll draw your attention to column 14,
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`line 23. Do you see that Claim 25 of '116 patent recites
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`"a substantially rigid segment"?
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` A. Yes, among other things, it does mention a
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`substantially rigid segment.
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` Q. If you look at the Figure 13 that's colored in
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`Exhibit 3006, do you agree what I've highlighted in
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`yellow is a substantially rigid segment as claimed in
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`Claim 25?
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` A. I'd like to look a little further in the
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`specification, if you don't mind.
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` Q. Sure.
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` A. So the lead line from 20 in your drawing is
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`described as being a rigid portion.
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` Q. My question, Dr. Hillstead, is, looking at
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`Exhibit 3006, is the portion that I've highlighted in
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`yellow a substantially rigid segment as claimed in Claim
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`25 of the '116 patent?
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` MR. DORNBERGER: Objection, form.
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` A. Could you point me to language in the patent
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`where it states that?
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`BY MR. WINKELS:
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` Q. I'm asking you, Dr. Hillstead. You're the
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`expert in this case.
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` You've reviewed Claim 25, right?
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` A. I have, yes. It's a long claim.
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` Q. Right. And you've given -- you've given a
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`number of opinions in this case about Claim 25 of the
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`'116 patent, right?
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` A. Right.
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` Q. Okay. As the expert in this case, is what's
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`shown in yellow in Exhibit 3006 a substantially rigid
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`segment?
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` MR. DORNBERGER: Objection, form.
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` A. Well, I would need to go look at my declaration
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`in order to be -- you know, to give a full answer to
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`Page 19
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`that.
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`BY MR. WINKELS:
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` Q. What part of your declaration would you like to
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`look at?
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` A. Where you would like to look at if you want to
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`tell me where I talk about that being a substantially
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`rigid segment.
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` Q. Well, Dr. Hillstead, you didn't have this
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`exhibit in your declaration. This is an exhibit that I
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`put in front of you at the deposition, and I get to ask
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`you questions about it. And you can answer the question
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`or you can say "I don't know."
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` But I'm asking you as the expert in this
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`case, can you tell me if what's shown in yellow in
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`Exhibit 3006 is a substantially rigid segment as claimed
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`in Claim 25 of the '116 patent?
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` MR. DORNBERGER: Objection, form.
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` A. Is there any description other than -- in
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`another place in the patent where it refers to the
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`particular portion that you've made yellow as being the
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`segment you're talking about?
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`BY MR. WINKELS:
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` Q. Dr. Hillstead, unfortunately, I ask the
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`questions and you answer the questions. If you don't
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`know the answer to my question, you can say "I don't
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`Page 20
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`know," and that's fine and we'll move on to the next
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`question.
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` I'll try it one more time.
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` As the expert in this case, can you tell
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`me whether the structure that's highlighted in yellow in
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`Exhibit 3006 would constitute a substantially rigid
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`segment as claimed in Claim 25 of the '116 patent?
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` MR. DORNBERGER: Objection, form.
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` A. Let me go take a look at the claim again.
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`BY MR. WINKELS:
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` Q. Okay.
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` A. So Figure 13 is described in the patent as
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`being an elevational view of the rigid portion.
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` Q. So would you consider the portion that's
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`highlighted in yellow to be a substantially rigid segment
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`as claimed in Claim 25 of the '116 patent?
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` MR. DORNBERGER: Objection, form.
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` A. Could you ask that again?
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`BY MR. WINKELS:
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` Q. Yes. Looking at Exhibit 3006 that's in front
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`of you, would you consider the structure that's
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`highlighted in yellow to be a substantially rigid segment
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`as claimed in Claim 25 of the '116 patent?
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` MR. DORNBERGER: Objection, form.
`
` A. To satisfy the language of the claim in I
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`believe you said line 23?
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`BY MR. WINKELS:
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` Q. Yes, sir.
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` A. What did you say?
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` Q. Yes. Yes, sir.
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` A. No, I don't think so.
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` Q. Okay. So you do not believe that the structure
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`that's highlighted in yellow of Figure 13 of the '116
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`patent is a substantially rigid segment; is that right?
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` A. Well, your question revolved around the claim
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`language on 23 where it says "along a substantially rigid
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`section." I don't believe it is that.
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` Q. Okay. And I just want to make sure the
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`record's clear.
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` So your testimony is that what's
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`highlighted in yellow is not a substantially rigid
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`segment as claimed in Claim 25 of the '116 patent,
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`right?
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` A. Right.
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` MR. DORNBERGER: Objection, form.
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`BY MR. WINKELS:
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` Q. Okay. Okay.
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` Now, if you look at Claim 25 of the '116
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`patent. And I'll draw your attention to lines 3 and 4.
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` Do you see that the claim also recites "a
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`Page 22
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`segment defining a side opening"?
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` A. Let me read the first part of the claim as
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`well.
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` Okay. I see that language, yes.
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` Q. Do you agree what's highlighted in purple in
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`Exhibit 3006 is a segment defining a side opening as
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`claimed in Claim 25 of the '116 patent?
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` A. Ask your question again, please.
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` Q. Do you agree what's highlighted in purple in
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`Exhibit 3006 is a segment defining a side opening as
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`claimed in Claim 25 of the '116 patent?
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` A. Well, if I look back to Figure 12, which has a
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`better representation, it shows that there is a skived-
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`away portion, it appears.
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` Q. Okay. So does Figure 12 show a segment
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`defining a side opening?
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` A. Well, I'll have to read through the
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`specification and see what they talk about in 12.
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` Q. Well, please do. You're the expert,
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`Dr. Hillstead. And I want to -- I need to ask you
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`questions about the patent.
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` A. Sure.
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` Q. So you said you reviewed the patent.
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` So does Figure 12 show a segment defining
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`a side opening?
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`Page 23
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` A. Right. And I reviewed a lot of patents and a
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`lot of declarations here. So in an effort to give the
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`best possible truthful answer to this proceeding, I feel
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`it necessary to go look at the other documents.
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` Q. Okay.
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` A. I don't believe that's the side opening
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`described in the claim.
`
` Q. Okay.
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` A. If we look up to, oh, line 3 or 4, in Claim 25,
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`it says, "... guide extension catheter beyond the distal
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`end of the guide catheter while a segment defining a side
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`opening of the guide extension catheter remains within
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`the guide catheter."
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` Q. Okay. And just so your testimony's clear. So
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`your testimony is that what's shown in Figure 12 is not a
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`side opening; is that right?
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` MR. DORNBERGER: Objection, form.
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` MR. WINKELS: What's the form objection
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`there, counsel?
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` MR. DORNBERGER: It's a misleading
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`question, because what he testified -- the question you
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`just asked was as claimed in 25.
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` MR. WINKELS: Okay. So a misleading
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`question is not a form objection.
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` Do you have an objection to the form of
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`Page 24
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`the question, counsel?
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` MR. DORNBERGER: Yes, I do. The objection
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`is to the form, Joe. It's not a side opening in a
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`vacuum. His answer was specific and that question was
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`misleading.
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` MR. WINKELS: Okay. Counsel, that is not
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`a proper objection, and I'd ask you to stick with the
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`guidelines of what is a proper objection in this
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`proceeding.
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`BY MR. WINKELS:
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` Q. Now, Dr. Hillstead, is your testimony that
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`Figure 12 of the '116 patent does not show a side
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`opening?
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` MR. DORNBERGER: Objection, form.
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` A. It does show a skived-away portion of that
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`element.
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`BY MR. WINKELS:
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` Q. Okay. Do you consider that skived-away portion
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`to be a side opening?
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` A. Sir, I wasn't asked to do this. If you could
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`show me in my declaration where I talk about that, I
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`would love to go there and look at it.
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` Q. Dr. Hillstead, I'm just here to ask you
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`questions. If you don't know the answer to my
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`question, it's totally fine to say "I don't know."
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` Do you have an opinion of whether the
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`skived opening, as you say, shown in Exhibit 12 could be
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`considered to be a side opening?
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` MR. DORNBERGER: Objection to form.
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` A. Not in the context of the claim language 25
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`where you directed me.
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`BY MR. WINKELS:
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` Q. Okay. And same question with respect to Figure
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`13. Do you have an opinion of whether Figure 13 shows a
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`side opening?
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` A. Well, in the patent Figure 13 is an elevational
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`view of the rigid portion.
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` Q. So do you have an opinion of whether Figure 13
`
`shows a side opening?
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` A. Not as recited in Claim 25, no, that's -- I
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`don't believe that constitutes a side opening --
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` Q. Okay.
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` A. -- in the language in the patent.
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` Q. Okay. You've reviewed the '116 patent, right?
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` A. Correct, along with lots and lots of other
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`patents, yes.
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` Q. Looking at Figure 13, can you explain how the
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`device shown in Figure 13 works, please?
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` A. Well, this -- I'm not sure what you mean by a
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`device.
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`Page 26
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` Q. Do you understand that their '116 patent
`
`discloses a guide extension catheter, right?
`
` A. I'm sorry, you said a side extension catheter?
`
` Q. A guide extension catheter.
`
` A. Guide. I'm sorry. Yeah, I apologize. But I
`
`do have some difficulty with your words sometimes.
`
` Okay. So please say that again.
`
` Q. I'll just ask it this way: What do you
`
`understand the '116 patent discloses?
`
` A. Well, we could go look at my declaration, and I
`
`went into pretty good detail talking about the '116
`
`patent. Happy to go there and read what I have stated in
`
`my declaration.
`
` Q. I don't need you to read to me what you state
`
`in your declaration, Dr. Hillstead.
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` Can you tell me in broad strokes what the
`
`'116 patent discloses?
`
` A. I'm going to go to my declaration.
`
` Q. Sure.
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` MR. WINKELS: Dawn, can you mark the time
`
`in the record, please.
`
` (Time is 9:49 a.m.)
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` A. I'm sorry. Was that directed to me?
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`BY MR. WINKELS:
`
` Q. No. It was directed to the court reporter.
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` A. Okay. So if I could, I'd like to direct you to
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`Page 27
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`my declaration, Exhibit 1442.
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` Q. Okay. What paragraph?
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` A. The declaration page is 18 -- I mean, the
`
`exhibit page number is 18. And it would be just above
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`line 35. We could go back further but we'll start there.
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` Q. And this is paragraph 35 that starts: "The
`
`challenged claims require that the side opening..."?
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` A. Say again, please. I'm sorry.
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` Q. Yes. I'm making sure I'm at the right place.
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` You're at paragraph 35 --
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` A. Uh-huh.
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` Q. -- of your -- of Exhibit 1442; and paragraph 35
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`starts: "The challenged claims require that the side
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`opening..."; is that right?
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` A. Yes.
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` Q. Okay.
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` A. Exactly.
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` Q. Okay.
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` A. "The challenged claims require that the side
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`opening of the extension catheter is in a region separate
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`and distinct from the substantially rigid segment."
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` Q. Okay. So, Dr. Hillstead, looking at the
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`figures of the '116 patent --
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` A. Okay.
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`www.veritext.com
`
`888-391-3376
`
`Veritext Legal Solutions
`
`

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` Q. -- can you tell me generally how you

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