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 PETITION FOR INTER PARTES REVIEW
`OF UNITED STATES PATENT NO. 9,125,739
`
`Medtronic Exhibit 1024
`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 PETITION FOR INTER PARTES REVIEW
`OF UNITED STATES PATENT NO. 9,125,739
`
`Medtronic Exhibit 1024
`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.
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`2.
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`I am a Senior IP Paralegal at the law firm of Ropes & Gray LLP.
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`I provide this Declaration in connection with the above-identified Inter
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`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. 1001 is a true and correct copy of United States Patent No.
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`9,125,739, which was obtained from the USPTO’s Public PAIR system. This
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`document has been marked with an exhibit label and page numbers on each page at
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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.
`
`4.
`
`Ex. 1003 is a true and correct copy of the Prosecution File History of
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`United States Patent No. 9,125,739, which was obtained from the USPTO’s Public
`
`PAIR system. 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
`
`than these noted markings, have been made to this document.
`
`5.
`
`Ex. 1005 is a true and correct copy of U.S. Patent No. 6,425,916 to
`
`Garrison et al., which was obtained from the USPTO’s Public PAIR system. This
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`1
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`IPR2020-01454 Page 00002
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`
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`IPR2020-01454
`U.S. Patent No. 9,125,739
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`document has been marked with an exhibit label and page numbers on each page at
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`the bottom right corner. However, no alterations, other than these noted markings,
`
`have been made to this document.
`
`6.
`
`Ex. 1006 is a true and correct copy of U.S. Patent No. 5,957,949 to
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`Leonhardt et al., which was obtained from the USPTO’s Public PAIR system. This
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`document has been marked with an exhibit label and page numbers on each page at
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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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`7.
`
`Ex. 1008 is a true and correct copy of U.S. Patent No. 6,077,295 to
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`Limon et al., which was obtained from the USPTO’s Public PAIR system. This
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`document has been marked with an exhibit label and page numbers on each page at
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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.
`
`8.
`
`Ex. 1009 is a true and correct copy of U.S. Patent No. 7,025,780 to
`
`Gabbay, which was obtained from the USPTO’s Public PAIR system. This
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`document has been marked with an exhibit label and page numbers on each page at
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`the bottom right corner. However, no alterations, other than these noted markings,
`
`have been made to this document.
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`9.
`
`Ex. 1010 is a true and correct copy of WO 00/15147 to Phelps, et al.,
`
`which was downloaded from the World Intellectual Property Organization
`
`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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`(“WIPO”) website. 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
`
`than these noted markings, have been made to this document.
`
`10. Ex. 1011 is a true and correct copy of the Prosecution File History of
`
`United States Patent No. 8,900,294, which was obtained from the USPTO’s Public
`
`PAIR system. 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
`
`than these noted markings, have been made to this document.
`
`11. Ex. 1012 is a true and correct copy of WO 98/29057 to Letac et al.,
`
`which was downloaded from the World Intellectual Property Organization
`
`(“WIPO”) website. This document has been marked with an exhibit label and page
`
`numbers on each page at the bottom right corner. However, no alterations, other
`
`than these noted markings, have been made to this document.
`
`12. Ex. 1013 is a true and correct copy of U.S. Patent No. 5,840,081 to
`
`Andersen et al., which was obtained from the USPTO’s Public PAIR system. This
`
`document has been marked with an exhibit label and page numbers on each page at
`
`the bottom right corner. However, no alterations, other than these noted markings,
`
`have been made to this document.
`
`13. Ex. 1015 is a true and correct copy of the Prosecution File History of
`
`U.S. Patent Application No. 09/659,882, which was obtained from the USPTO’s
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`3
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`IPR2020-01454 Page 00004
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`
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`IPR2020-01454
`U.S. Patent No. 9,125,739
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`Public PAIR system. This document has been marked with an exhibit label and
`
`page numbers on each page at the bottom right corner. However, no alterations,
`
`other than these noted markings, have been made to this document.
`
`14. Ex. 1016 is a true and correct copy of the Prosecution File History of
`
`U.S. Patent Application No. 10/887,688, which was received from third party
`
`service, Clarivate Analytics. This document has been marked with an exhibit label
`
`and page numbers on each page at the bottom right corner. However, no
`
`alterations, other than these noted markings, have been made to this document.
`
`15. Ex. 1017 is a true and correct copy of the Prosecution File History of
`
`U.S. Patent Application No. 13/675,665, which was obtained from the USPTO’s
`
`Public PAIR system. This document has been marked with an exhibit label and
`
`page numbers on each page at the bottom right corner. However, no alterations,
`
`other than these noted markings, have been made to this document.
`
`16. Ex. 1018 is a true and correct copy of the Prosecution File History of
`
`U.S. Patent Application No. 10/037,266, which was received from third party
`
`service, Clarivate Analytics. This document has been marked with an exhibit label
`
`and page numbers on each page at the bottom right corner. However, no
`
`alterations, other than these noted markings, have been made to this document.
`
`17. Ex. 1019 is a true and correct copy of AneuRX Stent Graft
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`System.pdf, which was downloaded at my direction from
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`4
`
`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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`https://www.accessdata.fda.gov/cdrh_docs/pdf/P990020c.pdf. This document has
`
`been marked with an exhibit label and page numbers on each page at the bottom
`
`right corner. However, no alterations, other than these noted markings, have been
`
`made to this document.
`
`18. Ex. 1020 is a true and correct copy of U.S. Patent No. 5,961,549 to
`
`Nguyen et al., which was obtained from the USPTO’s Public PAIR system. This
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`document has been marked with an exhibit label and page numbers on each page at
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`the bottom right corner. However, no alterations, other than these noted markings,
`
`have been made to this document.
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`19. Ex. 1021 is a true and correct copy of U.S. Patent No. 5,713,950 to
`
`Cox, which was obtained from the USPTO’s Public PAIR system. This document
`
`has been marked with an exhibit label and page numbers on each page at the
`
`bottom right corner. However, no alterations, other than these noted markings,
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`have been made to this document.
`
`20. Ex. 1022 is a true and correct copy of a Screenshot of Docket
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`Navigator’s Time-to-Milestone Report for the United States District Court of the
`
`Central District of California, which was obtained at my direction from
`
`https://search.docketnavigator.com/patent/court_comparison/0/7 on September 2,
`
`2020. This document has been marked with an exhibit label and page numbers on
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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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`each page at the bottom right corner. However, no alterations, other than these
`
`noted markings, have been made to this document.
`
`21. Certain pages have been resized to 8.5 x 11 inches. No content was
`
`removed by this resizing.
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`22. Each of the remaining exhibits, with the exception of any exhibit that
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`has been reserved or addressed in the foregoing paragraphs, has been marked 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 each
`
`exhibit.
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`23.
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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
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`true; and further that these statements were made with the knowledge that willful
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`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
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`herein, I could and would testify competently.
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`24.
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`I declare under penalty of perjury that the foregoing is true and correct.
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`Executed this 2nd day of September, 2020, in Boston, Massachusetts.
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`
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`
`
`/Crena Pacheco/
`Crena Pacheco
`ROPES & GRAY LLP
`
`6
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`IPR2020-01454 Page 00007
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