Filed: December 10, 2020
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`____________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`___________________
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`MEDTRONIC COREVALVE LLC,
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`PETITIONER,
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`V.
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`COLIBRI HEART VALVE LLC,
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`PATENT OWNER.
`___________________
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`Case No. IPR2020-01454
`U.S. Patent No. 9,125,739
`___________________
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`DECLARATION OF SARAH E. SPIRES IN SUPPORT OF PATENT
`OWNER’S PRELIMINARY RESPONSE
`UNDER 35 U.S.C. § 313 AND 37 C.F.R. § 42.107
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`Colibri Heart Valve LLC, Exhibit 2011, Page 1 of 5
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`____________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`___________________
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`MEDTRONIC COREVALVE LLC,
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`PETITIONER,
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`V.
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`COLIBRI HEART VALVE LLC,
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`PATENT OWNER.
`___________________
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`Case No. IPR2020-01454
`U.S. Patent No. 9,125,739
`___________________
`
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`DECLARATION OF SARAH E. SPIRES IN SUPPORT OF PATENT
`OWNER’S PRELIMINARY RESPONSE
`UNDER 35 U.S.C. § 313 AND 37 C.F.R. § 42.107
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`Colibri Heart Valve LLC, Exhibit 2011, Page 1 of 5
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`Pursuant to 28 U.S.C. § 1746, I, Sarah E. Spires, hereby declare as follows:
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`1.
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`I am over the age of eighteen and otherwise competent to make this
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`declaration. I have personal knowledge of the facts contained in this declaration,
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`and they are true and correct.
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`2.
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`I am a Partner with the law firm of Skiermont Derby LLP, which
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`represents the Patent Owner, Colibri Heart Valve, LLC (“Colibri”) in this
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`proceeding. I am a registered patent attorney and am lead counsel in this
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`proceeding.
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`3.
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`Ex. 2001 is a true and correct copy of docket entry 1 in Case No.
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`8:20-cv-00847-DOC-JDE, filed on May 4, 2020 in the United States District Court
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`Central District of California Southern Division – Santa Ana, and entitled
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`“Complaint for Patent Infringement.” This document has been marked with an
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`exhibit label and page numbers on each page at the bottom right corner. However,
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`no alterations, other than these noted markings, have been made to this document.
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`4.
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`Ex. 2002 is a true and correct copy of docket entry 48 in Case No.
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`8:20-cv-00847-DOC-JDE, filed on August 31, 2020 in the United States District
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`Court Central District of California Southern Division – Santa Ana, and entitled
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`“Joint Rule 26(f) Report.” This document has been marked with an exhibit label
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`and page numbers on each page at the bottom right corner. However, no
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`alterations, other than these noted markings, have been made to this document.
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`1
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`Colibri Heart Valve LLC, Exhibit 2011, Page 2 of 5
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`5.
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`Ex. 2003 is a true and correct copy of docket entry 53 in Case No.
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`8:20-cv-00847-DOC-JDE, filed on September 4, 2020 in the United States District
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`Court Central District of California Southern Division – Santa Ana, and entitled
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`“Scheduling Order & Order Re: Pretrial and Trial Procedures.” This document has
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`been marked with an exhibit label and page numbers on each page at the bottom
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`right corner. However, no alterations, other than these noted markings, have been
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`made to this document.
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`6.
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`Ex. 2004 is a true and correct copy of docket entry 71 in Case No.
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`8:20-cv-00847-DOC-JDE, filed on November 20, 2020 in the United States
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`District Court Central District of California Southern Division – Santa Ana, and
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`entitled “Joint Stipulation and Request to Enter [Proposed] Orders: (1) [Proposed]
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`Case Schedule [Exhibit A]; [sic] [Proposed] Protective Order [Exhibit B]; and (3)
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`[Proposed] Order Appointing David Keyzer as the Special Technical Master
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`[Exhibit C].” This document has been marked with an exhibit label and page
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`numbers on each page at the bottom right corner. However, no alterations, other
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`than these noted markings, have been made to this document.
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`7.
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`Ex. 2005 is a true and correct copy of docket entry 73 in Case No.
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`8:20-cv-00847-DOC-JDE, filed on November 24, 2020 in the United States
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`District Court Central District of California Southern Division – Santa Ana, and
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`entitled “Order Regarding Case Schedule [71-1].” This document has been marked
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`2
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`Colibri Heart Valve LLC, Exhibit 2011, Page 3 of 5
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`with an exhibit label and page numbers on each page at the bottom right corner.
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`However, no alterations, other than these noted markings, have been made to this
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`document.
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`8.
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`Ex. 2006 is a true and correct copy of docket entry 75 in Case No.
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`8:20-cv-00847-DOC-JDE, filed on November 24, 2020 in the United States
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`District Court Central District of California Southern Division – Santa Ana, and
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`entitled “Order Appointing Technical Special Master [71-3].” This document has
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`been marked with an exhibit label and page numbers on each page at the bottom
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`right corner. However, no alterations, other than these noted markings, have been
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`made to this document.
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`9.
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`Ex. 2007 is a true and correct copy of Medtronic’s proposed claim
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`constructions, sent on December 2, 2020 to Colibri’s counsel in Case No. 8:20-cv-
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`00847-DOC-JDE. This document has been marked with an exhibit label and page
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`numbers on each page at the bottom right corner. However, no alterations, other
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`than these noted markings, have been made to this document.
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`10. Ex. 2008 is a true and correct copy of docket entry 50 in Case No.
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`8:20-cv-00847-DOC-JDE, filed on September 4, 2020 in the United States District
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`Court Central District of California Southern Division – Santa Ana, and entitled
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`“Medtronic CoreValve LLC’s Notice of Motion and Motion to Stay Litigation
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`Pending Inter Partes Review.” This document has been marked with an exhibit
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`3
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`Colibri Heart Valve LLC, Exhibit 2011, Page 4 of 5
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`label and page numbers on each page at the bottom right corner. However, no
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`alterations, other than these noted markings, have been made to this document.
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`11. Ex. 2010 is a true and correct copy of docket entry 54 in Case No.
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`8:20-cv-00847-DOC-JDE, filed on September 8, 2020 in the United States District
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`Court Central District of California Southern Division – Santa Ana, and entitled
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`“Notice of Clerical Error.” This document has been marked with an exhibit label
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`and page numbers on each page at the bottom right corner. However, no
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`alterations, other than these noted markings, have been made to this document.
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`Under penalty of perjury, I declare the above statements as true and accurate
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`to the best of my recollection. I further state that these statements are made with
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`the knowledge that willful false statements and the like are punishable by fine or
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`imprisonment, or both under Section 1001 of Title 18 of the U.S. Code.
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`Executed on this 10th day of December, 2020.
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` /Sarah E. Spires/
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`Sarah E. Spires (Reg. No. 61,501)
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`4
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`Colibri Heart Valve LLC, Exhibit 2011, Page 5 of 5
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