`
`IPR2020-01454
`Patent No. 9,125,739
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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
`Petitioner,
`v.
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`COLIBRI HEART VALVE LLC,
`Patent Owner.
`
`____________
`
`Case IPR2020-01454
`U.S. Patent No. 9,125,739
`____________
`
`PETITIONER’S OBJECTIONS TO EVIDENCE SUBMITTED
`WITH PATENT OWNER’S RESPONSE
`
`
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`
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`Pursuant to 37 C.F.R. § 42.64(b)(1), the undersigned, on behalf of and acting
`
`IPR2020-01454
`Patent No. 9,125,739
`
`
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`in a representative capacity for Petitioner Medtronic Corevalve LLC (“Petitioner”),
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`hereby submits the following objections to Colibri Heart Valve LLC’s (“Patent
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`Owner”) Exhibit 2019, and any reference thereto/reliance thereon, without
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`limitation. Petitioner’s objections below apply the Federal Rules of Evidence
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`(“F.R.E.”) as required by 37 C.F.R § 42.62. These objections address evidentiary
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`deficiencies in the material submitted by Patent Owner with its Response on June 2,
`
`2021.
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`I.
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`Objections to Exhibit 2019
`Grounds for objection: F.R.E. 702 (“Testimony by Expert Witnesses”); F.R.E.
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`703 (“Bases of an Expert’s Opinion Testimony); and 37 C.F.R. § 42.61
`
`(“Admissibility”).
`
`Petitioner objects to Exhibit 2019 under F.R.E. 702, 703, and 37 C.F.R. §
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`42.61. The declarant of Exhibit 2019, Dr. Lakshmi Prasad Dasi, fails to provide
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`sufficient underlying facts or data upon which the statements contained therein could
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`legitimately be based, in violation of F.R.E. 702. Dr. Dasi also has not “reliably
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`applied the principles and methods to the facts of the case,” and his opinions in
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`Exhibit 2019 are not “the product of reliable principles and methods,” in violation
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`of F.R.E. 702.
`
`1
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`
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`Dated: June 9, 2021
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`IPR2020-01454
`Patent No. 9,125,739
`
`Respectfully submitted,
`
`By:
`
`
`/James L. Davis, Jr./
`James L. Davis, Jr.
`Reg. No. 57,325
`ROPES & GRAY LLP
`
`2
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`
`
`
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`CERTIFICATE OF SERVICE
`
`IPR2020-01454
`Patent No. 9,125,739
`
`
`The undersigned certifies that a copy of the foregoing PETITIONER’S
`
`OBJECTIONS TO EVIDENCE SUBMITTED WITH PATENT OWNER’S
`
`RESPONSE was served in its entirety by filing through the Patent Trial and Appeal
`
`Board End to End (PTAB E2E), as well as providing a courtesy copy via e-mail to
`
`the following attorneys of record for Patent Owner listed below:
`
`Lead Counsel
`Sarah E. Spires
`Registration No: 61,501
`SKIERMONT DERBY LLP
`1601 Elm Street, Suite 4400
`Dallas, Texas 75201
`Tel: (214) 978-6600
`Fax: (214) 978-6601
`sspires@skiermontderby.com
`
`
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`Counsel for Patent Owner Colibri Heart Valve LLC
`
`Back-up Counsel
`Paul J. Skiermont
`Pro Hac Vice
`SKIERMONT DERBY LLP
`1601 Elm Street, Suite 4400
`Dallas, Texas 75201
`Tel: (214) 978-6600
`Fax: (214) 978-6601
`pskiermont@skiermontderby.com
`
`
`Dated: June 9, 2021
`
`
`
`
`
`By: /Dara Del Rosario/
`Name: Dara Del Rosario
`ROPES & GRAY LLP
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