IPR2020-01454
`U.S. Patent No. 9,125,739
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`MEDTRONIC COREVALVE LLC,
`
`Petitioner,
`
`v.
`
`COLIBRI HEART VALVE LLC,
`
`Patent Owner.
`
`____________
`
`Case IPR2020-01454
`
`U.S. Patent No. 9,125,739
`
`____________
`
`DECLARATION OF CRENA PACHECO
`IN SUPPORT OF PETITIONER’S REPLY BRIEF IN SUPPORT OF
`PETITION FOR INTER PARTES REVIEW
`
`Medtronic Exhibit 1040
`Medtronic Corevalve v. Colibri Heart Valve
`IPR2020-01454
`Page 00001
`
`
`U.S. Patent No. 9,125,739
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`MEDTRONIC COREVALVE LLC,
`
`Petitioner,
`
`v.
`
`COLIBRI HEART VALVE LLC,
`
`Patent Owner.
`
`____________
`
`Case IPR2020-01454
`
`U.S. Patent No. 9,125,739
`
`____________
`
`DECLARATION OF CRENA PACHECO
`IN SUPPORT OF PETITIONER’S REPLY BRIEF IN SUPPORT OF
`PETITION FOR INTER PARTES REVIEW
`
`Medtronic Exhibit 1040
`Medtronic Corevalve v. Colibri Heart Valve
`IPR2020-01454
`Page 00001
`
`
`
`IPR2020-01454
`U.S. Patent No. 9,125,739
`
`I, Crena Pacheco, make the following Declaration pursuant to 28 U.S.C.
`
`§ 1746:
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`1.
`
`2.
`
`I am a Senior IP Paralegal at the law firm of Ropes & Gray LLP.
`
`I provide this Declaration in connection with the above-identified Inter
`
`Partes Review proceeding that is before the United States Patent and Trademark
`
`Office (“USPTO”). Unless otherwise stated, the facts stated in this Declaration are
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`based on my personal knowledge.
`
`3.
`
`Ex. 1026 is a true and correct copy of the U.S. District Court Docket,
`
`Jane Doe et al. v. Xavier Becerra et al., Case No. 8:19-cv-02105, (C.D. Cal.), which
`
`was downloaded from the LexisNexis CourtLink, Inc. database. This document has
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`been marked with an exhibit label and page numbers on each page. However, no
`
`alterations, other than these noted markings, have been made to this document.
`
`4.
`
`Ex. 1027 is a true and correct copy of the U.S. District Court Docket,
`
`Shuthima Pongsai V. American Express Company Et Al, Case No. 8:19-cv-01628,
`
`(C.D. Cal.), which was downloaded from the LexisNexis CourtLink, Inc. database.
`
`This document has been marked with an exhibit label and page numbers on each
`
`page. However, no alterations, other than these noted markings, have been made to
`
`this document.
`
`1
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`IPR2020-01454 Page 00002
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`
`
`IPR2020-01454
`U.S. Patent No. 9,125,739
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`5.
`
`Ex. 1028 is a true and correct copy of General Order 20-12 dated
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`September 14, 2020, (C.D. Cal.), which was downloaded from
`
`https://www.cacd.uscourts.gov/sites/default/files/general-orders/GO%2020-12.pdf.
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`This document has been marked with an exhibit label and page numbers on each
`
`page. However, no alterations, other than these noted markings, have been made
`
`to this document.
`
`6.
`
`Ex. 1029 is a true and correct copy of General Order 20-15 dated
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`November 25, 2020, (C.D. Cal.), which was downloaded from
`
`https://www.cacd.uscourts.gov/sites/default/files/general-orders/GO%2020-15.pdf.
`
`This document has been marked with an exhibit label and page numbers on each
`
`page. However, no alterations, other than these noted markings, have been made
`
`to this document.
`
`7.
`
`Ex. 1030 is a true and correct copy of General Order 20-05 dated
`
`April 13, 2020, (C.D. Cal.), which was downloaded from
`
`https://www.cacd.uscourts.gov/sites/default/files/general-orders/GO%2020-
`
`05_0.pdf. This document has been marked with an exhibit label and page numbers
`
`on each page. However, no alterations, other than these noted markings, have been
`
`made to this document.
`
`8.
`
`Ex. 1031 is a true and correct copy of General Order 20-08 dated May
`
`28, 2020, (C.D. Cal.), which was downloaded from
`
`2
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`IPR2020-01454 Page 00003
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`
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`IPR2020-01454
`U.S. Patent No. 9,125,739
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`https://www.cacd.uscourts.gov/sites/default/files/general-orders/GO%2020-
`
`08%20Amended.pdf. This document has been marked with an exhibit label and
`
`page numbers on each page. However, no alterations, other than these noted
`
`markings, have been made to this document.
`
`9.
`
`Ex. 1032 is a true and correct copy of General Order 20-09 dated
`
`August 6, 2020, (C.D. Cal.), which was downloaded from
`
`https://www.cacd.uscourts.gov/sites/default/files/general-orders/GO%2020-09.pdf.
`
`This document has been marked with an exhibit label and page numbers on each
`
`page. However, no alterations, other than these noted markings, have been made
`
`to this document.
`
`10. Ex. 1033 is a true and correct copy of General Order 20-042 dated
`
`March 19, 2020, (C.D. Cal.), which was downloaded from
`
`https://www.cacd.uscourts.gov/sites/default/files/documents/Order_20-042.pdf.
`
`This document has been marked with an exhibit label and page numbers on each
`
`page. However, no alterations, other than these noted markings, have been made
`
`to this document.
`
`11. Ex. 1034 is a true and correct copy of Activation of Continuity of
`
`Operations plan dated December 7, 2020, which was downloaded from
`
`https://www.cacd.uscourts.gov/news/activation-continuity-operations-plan-0. This
`
`document has been marked with an exhibit label and page numbers on each page.
`
`3
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`IPR2020-01454 Page 00004
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`
`
`IPR2020-01454
`U.S. Patent No. 9,125,739
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`However, no alterations, other than these noted markings, have been made to this
`
`document.
`
`12. Ex. 1035 is a true and correct copy of Press Release - Activation of
`
`Continuity of Operations plan dated December 7, 2020, which was downloaded
`
`from https://www.cacd.uscourts.gov/sites/default/files/documents/2020-12-
`
`07%20Press%20Release%20-
`
`%20Activation%20of%20the%20COOP%20Plan.pdf. This document has been
`
`marked with an exhibit label and page numbers on each page. However, no
`
`alterations, other than these noted markings, have been made to this document.
`
`13. Ex. 1036 is a true and correct copy of the U.S. District Court Docket,
`
`Colibri Heart Valve LLC v Medtronic Corevalve LLC, Case No. 8:20-cv-00847-
`
`DOC-JDE, (C.D. Cal.), which was downloaded from the LexisNexis CourtLink, Inc.
`
`database. This document has been marked with an exhibit label and page numbers
`
`on each page. However, no alterations, other than these noted markings, have been
`
`made to this document.
`
`14. Ex. 1037 is a true and correct copy of Extension of Continuity of
`
`Operations Plan dated January 6, 2021, which was downloaded from
`
`https://www.cacd.uscourts.gov/sites/default/files/documents/2021-01-
`
`06%20Notice%20-%20Extension%20of%20COOP%20Plan.pdf. This document
`
`4
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`IPR2020-01454 Page 00005
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`
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`IPR2020-01454
`U.S. Patent No. 9,125,739
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`has been marked with an exhibit label and page numbers on each page. However,
`
`no alterations, other than these noted markings, have been made to this document.
`
`15. Ex. 1038 is a true and correct copy of Scheduling Order, Colibri Heart
`
`Valve LLC v Medtronic Corevalve LLC, Case No. 8:20-cv-00847-DOC-JDE, Dkt.
`
`73, (C.D. Cal. November 24, 2020), which was downloaded from the LexisNexis
`
`CourtLink, Inc. database. This document has been marked with an exhibit label and
`
`page numbers on each page. However, no alterations, other than these noted
`
`markings, have been made to this document.
`
`16. Ex. 1039 is a true and correct copy of Civil Minutes, Medtronic, Inc. et
`
`al v. Axonics Modulation Technologies, Inc., Case No. 8:19-cv-02115-DOC-JDE,
`
`Dkt. 55, (C.D. Cal. May 8, 2020), which was downloaded from the LexisNexis
`
`CourtLink, Inc. database. This document has been marked with an exhibit label and
`
`page numbers on each page. However, no alterations, other than these noted
`
`markings, have been made to this document.
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`17. Certain pages have been resized to 8.5 x 11 inches. No content was
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`removed by this resizing.
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`18. Each of the remaining exhibits, with the exception of any exhibit that
`
`has been reserved or addressed in the foregoing paragraphs, has been marked with
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`an exhibit label and page numbers on each page at the bottom right corner.
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`5
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`IPR2020-01454 Page 00006
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`
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`IPR2020-01454
`U.S. Patent No. 9,125,739
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`However, no alterations, other than these noted markings, have been made to each
`
`exhibit.
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`19.
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`I hereby declare that all statements made herein of my own knowledge
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`are true and that all statements made on information and belief are believed to be
`
`true; and further that these statements were made with the knowledge that willful
`
`false statements and the like so made are punishable by fine or imprisonment, or
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`both, under 18 U.S.C. § 1001. If called to testify as to the truth of the matters stated
`
`herein, I could and would testify competently.
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`20.
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`I declare under penalty of perjury that the foregoing is true and correct.
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`Executed this 8th day of January, 2021, in Boston, Massachusetts.
`
`
`
`
`
`
`
`
`
`/Crena Pacheco/
`Crena Pacheco
`ROPES & GRAY LLP
`
`6
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`IPR2020-01454 Page 00007
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