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`Filed: January 22, 2021
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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 SUR-REPLY TO
`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 2018, Page 1 of 4
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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. 2012 is a true and correct copy of docket entry 71 in Case No.
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`8:19-cv-02105-DOC-ADS, filed March 19, 2020, in the United States District
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`Court for the Central District of California Southern Division, and entitled
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`“Stipulated Request to Suspend Case Schedule and Set April 8, 2020, Deadline for
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`Filing Joint Status 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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`4.
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`Ex. 2013 is a true and correct copy of Judge Carter’s “Judges’
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`Requirements” page on the website https://www.cacd.uscourts.gov/honorable-
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`david-o-carter, as it existed and was printed to PDF on January 21, 2021. This
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`document has been marked with an exhibit label and page numbers on each page at
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`1
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`Colibri Heart Valve LLC, Exhibit 2018, Page 2 of 4
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`the bottom right corner. However, no alterations, other than these noted markings,
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`have been made to this document.
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`5.
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`Ex. 2014 is a true and correct copy of Judge Carter’s Amended
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`Calendar for Wednesday, January 13, 2021. This document 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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`However, no alterations, other than these noted markings, have been made to this
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`document.
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`6.
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`Ex. 2015 is a true and correct copy of an article entitled “Fauci says
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`herd immunity possible by fall, ‘normality’ by end of 2021” from the December
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`10, 2020 Harvard Gazette. 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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`7.
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`Ex. 2016 is a true and correct copy of an email chain entitled “Re:
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`Colibri v. Medtronic, 8:20-cv-847 (C.D. Cal.) – Medtronic”s [sic] Rebuttal Claim
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`Construction Brief, with the top email being sent on January 21, 2021 by the
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`Technical Special Master, David Keyzer, 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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`2
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`Colibri Heart Valve LLC, Exhibit 2018, Page 3 of 4
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`8.
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`Ex. 2017 is a true and correct copy of an email entitled “Stipulation
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`Regarding IPRs” sent on December 2, 2020 by Petitioner’s counsel in Case No.
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`8:20-cv-00847-DOC-JDE to Colibri’s counsel in Case No. 8:20-cv-00847-DOC-
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`JDE. This document has been marked with an exhibit label and page numbers on
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`each page at the bottom right corner. However, no alterations, other than these
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`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 22nd day of January, 2021.
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` /Sarah E. Spires/
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`Sarah E. Spires (Reg. No. 61,501)
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`3
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`Colibri Heart Valve LLC, Exhibit 2018, Page 4 of 4
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