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`
`Transcript of Steven L. Goldberg,
`M.D.
`
`Date: May 28, 2021
`Case: Edwards Lifesciences Corp., et al. -v- Colibri Heart Valve LLC (PTAB)
`
`Planet Depos
`Phone: 888.433.3767
`Email:: transcripts@planetdepos.com
`www.planetdepos.com
`
`WORLDWIDE COURT REPORTING & LITIGATION TECHNOLOGY
`
`Colibri Heart Valve LLC, Exhibit 2020, Page 1 of 100
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`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
` -----------------------------x :
` EDWARDS LIFESCIENCES :
` CORPORATION AND EDWARDS :
` LIFESCIENCES, LLC, : Case No.
` Petitioners, : IPR2020-01649
` v. :
` COLIBRI HEART VALVE, LLC, : U.S. Patent No.:
` Patent Owner. : 9,125,739
` -----------------------------x :
`
` Deposition of STEVEN L. GOLDBERG, M.D.
` Conducted Virtually
` Friday, May 28, 2021
` Denver, Colorado
` Commencing at 8:30 a.m. MST
`
` Job No.: 371813
` Reported by: Melanie Giamarco, RMR, CRR, RPR
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`Transcript of Steven L. Goldberg, M.D.
`Conducted on May 28, 2021
`
`2
`
` Deposition of STEVEN L. GOLDBERG, M.D.,
`conducted virtually.
`
` PURSUANT TO NOTICE, the deposition of STEVEN
`L. GOLDBERG, M.D. was taken on behalf of the Patent
`Owner on Friday, May 28, 2021, commencing at
`8:30 a.m. MST, before Melanie L. Giamarco,
`Registered Merit Reporter, Certified Realtime
`Reporter, Registered Professional Reporter and
`Notary Public within Colorado, appearing remotely
`from Jefferson County, Colorado.
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`Transcript of Steven L. Goldberg, M.D.
`Conducted on May 28, 2021
`
`3
`
` REMOTE APPEARANCES
`
`Lead Counsel for Patent Owner:
` SKIERMONT DERBY LLP
` BY: SARAH E. SPIRES, ESQ.
` 1601 Elm Street, Suite 4400
` Dallas, Texas 75201
` (214) 978-6600
`
`On Behalf of the Petitioners:
` MORRIS, NICHOLS, ARSHT & TUNNELL LLP
` BY: MEGAN DELLINGER, ESQ.
` BRIAN P. EGAN, ESQ.
` 1201 North Market Street, 16th Floor
` Post Office Box 1347
` Wilmington, Delaware 19899
` (877) 772-6628
`
`Also Present:
` Brian Krieger, Planet Depos Remote Video
` Technician
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`Transcript of Steven L. Goldberg, M.D.
`Conducted on May 28, 2021
`
`4
`
` I N D E X
`
`EXAMINATION OF STEVEN L. GOLDBERG, M.D. PAGE
`May 28, 2021
`By Ms. Spires 5
` E X H I B I T S
` (PREVIOUSLY MARKED)
` INITIAL
`EXHIBIT DESCRIPTION REFERENCE
`Exhibit 1006 U.S. Patent No. 5,855,601 25
` (Bessler, et al.)
`Exhibit 1007 U.S. Patent No. 5,332,402 26
` (Teitelbaum)
`Exhibit 1012 U.S. Patent No. 5,957,949 27
` (Leonhardt, et al.)
`Exhibit 1019 U.S. Patent Application 63
` Publication No. 2001-0044633
` (Klint)
`Exhibit 1020 Declaration of Steven L. 10
` Goldberg, M.D.
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`Transcript of Steven L. Goldberg, M.D.
`Conducted on May 28, 2021
`
`5
`
` P R O C E E D I N G S
` THE REPORTER: The attorneys participating
`in this deposition acknowledge that I am not
`physically present in the deposition room and that
`I will be reporting this deposition remotely. They
`further acknowledge that, in lieu of an oath
`administered in person, the witness will verbally
`declare his testimony in this matter is under
`penalty of perjury and that this will have the same
`force and effect as if the oath were administered
`in person. The parties and their counsel consent
`to this arrangement and waive any objections to
`this manner of reporting.
` Please indicate your agreement by stating
`your name and your agreement on the record,
`beginning with noticing counsel.
` MS. SPIRES: Sarah Spires. I agree.
` MS. DELLINGER: Megan Dellinger. I agree.
` THE WITNESS: Steve Goldberg. I agree.
` EXAMINATION
`BY MS. SPIRES:
` Q. All right. Good morning, Dr. Goldberg.
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`Transcript of Steven L. Goldberg, M.D.
`Conducted on May 28, 2021
`
`6
`
`Thank you for being here so early your time.
` A. Thank you.
` Q. So before we kind of get into things,
`have you been deposed before?
` A. I have, yes.
` Q. About how many times?
` A. Between patent and expert medical
`witness work, probably, I'm going to guess about a
`half a dozen times.
` Q. Okay. So I won't belabor the rules,
`then. I'll just briefly kind of go over them,
`since you probably know what you're doing here.
`But the main things are verbal answers are key for
`the court reporter, especially because this isn't
`being videoed, so that the reporter can actually
`put down what you're answer is. So head nods and
`things like that don't really show up very well on
`the transcript.
` Another is we'll try to not talk over each
`other. I'll try to let you finish your answers and
`you try to let me finish my questions just to make
`sure and the court reporter can take everything
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`Transcript of Steven L. Goldberg, M.D.
`Conducted on May 28, 2021
`
`7
`
`down since she can't type what two people are
`saying at once.
` The one exception to that is on these Zoom
`depositions, sometimes the audio breaks up a bit,
`and so it may be the case that one of us has to
`kind of interrupt the other because -- to say,
`"Okay, wait. I didn't catch that. What did you
`say?" But hopefully, that won't happen too often.
` If you don't understand my question, please
`ask for clarification. It won't hurt my feelings.
`And if you don't ask for clarification, I'll assume
`that you understand my question.
` And then finally, please feel free to ask
`for breaks. As long as there isn't a question
`pending, that's totally fine. We're not under
`pressure today, so if you need a break, just ask
`for -- anyone that's on here, please feel free. So
`does that all work for you?
` A. Sounds good.
` Q. Okay. Is there any reason that you
`cannot testify truthfully today?
` A. No.
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`Transcript of Steven L. Goldberg, M.D.
`Conducted on May 28, 2021
`
`8
`
` Q. So did you prepare for today's
`deposition?
` A. Yes, I did.
` Q. And how did you prepare for it?
` A. Well, prior to crafting the declaration
`that was submitted months ago, I reviewed the
`appropriate documents and patents. Then, because
`this has been some time, I re-reviewed them over
`the last couple of weeks or so, and then met with
`the counsel, the lawyers, yesterday.
` Q. And the counsel that you met for, is
`that Megan and Brian?
` A. Correct.
` Q. Was there anyone else that you met with?
` A. There were a couple of others on the
`telephone. Harvey Schwartz. And I can't think of
`the -- the name of the other person is escaping me
`at the moment.
` Q. Were the others counsel for Edwards?
` A. Yes.
` Q. Okay. Have you spoken to a
`Dr. Hillstead about this case?
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`Transcript of Steven L. Goldberg, M.D.
`Conducted on May 28, 2021
`
`9
`
` A. I have not.
` Q. Have you spoken to a Dr. Drassler about
`this case?
` A. I have not.
` Q. Did you review the transcript of
`Dr. Drassler's deposition that took place in an IPR
`related to this case last week?
` A. I did not.
` Q. Are you aware that there is a district
`court case that's also dealing with the same patent
`at issue here?
` A. Yes, I am aware.
` Q. And have you reviewed any declarations
`from that district court case?
` A. I don't believe so. There might have
`been a document from Colibri that referenced it,
`but I -- I'm not a hundred percent certain if there
`was. But it was -- I don't precisely recall that
`document. I didn't spend much time with it.
` Q. Okay. And the patent that we're talking
`about today that's the subject of your declaration,
`are you comfortable if I just call that the '739
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`Transcript of Steven L. Goldberg, M.D.
`Conducted on May 28, 2021
`
`10
`
`patent?
` A. Yes.
` Q. I think that's -- just for the record,
`that's Exhibit 1001 in this case.
` And I believe Exhibit 1020 is the
`declaration that you submitted in this IPR; is that
`right?
` (Exhibit 1020 previously marked and
`referenced.)
` A. I don't know the number, but there was a
`declaration. And I imagine you've got the correct
`number.
` Q. (By Ms. Spires) Okay.
` A. Yes, yes, I have it here, and it's
`labeled 1020.
` Q. Okay. And feel free to refer to that at
`any time if you need to, hard copy or ask us to
`pull it up electronically, either's fine.
` Looking at Exhibit 1020, how did you go
`about preparing this declaration?
` A. Well, I met remotely with the lawyers
`multiple times so that they could educate me on the
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`Transcript of Steven L. Goldberg, M.D.
`Conducted on May 28, 2021
`
`11
`
`issues having to do with IPR. And then I reviewed
`the patents that were involved, the '739 patent and
`the other relevant patents that will come up. And
`together we crafted the documents so that I was
`comfortable that the information that was provided
`was consistent with my thoughts.
` Q. Have you ever had any interactions with
`Colibri?
` A. I have not.
` Q. Have you had any discussions with anyone
`at Medtronic relating to the declaration you
`submitted in this case or today's deposition?
` A. No, I have not.
` Q. Have you had any discussions with anyone
`other than your counsel related to the declaration
`you submitted in this case for today's deposition?
` A. I have not.
` Q. Have you submitted any declarations or
`expert reports on behalf of Edwards before this
`one?
` A. I don't believe so. I believe I talked
`to Edwards about a prior case, and it didn't go
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`Transcript of Steven L. Goldberg, M.D.
`Conducted on May 28, 2021
`
`12
`
`very far. And I don't think it got to the stage of
`a declaration.
` Q. Have you submitted any declarations or
`expert reports on behalf of Edwards since the
`declaration you submitted in this case?
` A. You know, there was another patent that
`we've also been --
` MS. DELLINGER: I'm going to object. That's
`privileged. And instruct you not to answer.
` MS. SPIRES: Well, I mean, submitting a
`declaration is not going to be something that's
`privileged. The question is, have you submitted
`any declarations or expert reports on behalf of
`Edwards before this one? You're going to instruct
`him not to answer whether he has actually submitted
`a declaration or expert report?
` MS. DELLINGER: I think maybe we need to
`take a quick break so we can discuss whether or not
`he's about to get into privileged information.
` MS. SPIRES: Okay.
` (Recess taken from 8:40 a.m. until
`8:40 a.m.)
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`Transcript of Steven L. Goldberg, M.D.
`Conducted on May 28, 2021
`
`13
`
` MS. DELLINGER: Okay. We can go back on the
`record.
` Q. (By Ms. Spires) I'll ask the question
`again.
` Have you submitted any declarations or
`expert reports on behalf of Edwards since you
`submitted this one?
` A. I have not.
` Q. Approximately how much have you been
`paid by Edwards for submitting declarations or
`reports on their behalf since, say, 2019?
` A. To be honest, I was not prepared to
`answer that question just because I don't recall.
`I believe you know the rate that I'm paid, and I've
`probably put in maybe 20 hours.
` Q. Is that for your drafting and
`reviewing -- preparing your declaration and
`preparing for the deposition today?
` A. I haven't submitted expenses for the
`time I spent recently, but otherwise, yes.
` Q. I think, in your declaration, you said
`that you are currently the chief medical officer of
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`Transcript of Steven L. Goldberg, M.D.
`Conducted on May 28, 2021
`
`14
`
`Cardiac Dimensions; is that right?
` A. Correct.
` Q. And I think you said that Cardiac
`Dimensions is a medical-device company that
`develops tools for the treatment of heart failure
`and related conditions; is that right?
` A. Correct.
` Q. What types of tools for the treatment of
`heart failure and related conditions does Cardiac
`Dimensions develop?
` A. It has a single device that treats
`functional mitral regurgitation. It's called a
`Carillon Mitral Contour System.
` Q. Could you explain in a little bit more
`detail what that does?
` A. Sure. Functional mitral regurgitation,
`or secondary mitral regurgitation, is when there's
`leakage of the mitral valve not due to any
`intrinsic abnormality of the mitral valve, but due
`to an underlying cardiomyopathy causing the
`chambers to enlarge and stretches the mitral valve
`causing it to be incompetent.
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`Transcript of Steven L. Goldberg, M.D.
`Conducted on May 28, 2021
`
`15
`
` The Carillon device is designed to go into
`the coronary sinus via the right internal jugular
`vein in the neck. And the coronary sinus is a vein
`that wraps around the posterior aspect of the
`mitral annulus. And putting the device in there
`allows us to cinch the mitral annulus and improving
`coaptation of the leaflets and decreasing that type
`of mitral regurgitation.
` Q. And what does your work for Cardiac
`Dimensions entail?
` A. I'm basically a consultant in the sense
`that I'm not an employee of the company. And it's
`a part-time type of work. I supervise the medical
`aspects of clinical trials and of clinical
`implantations. I supervise the proctoring program.
`I sometimes perform as a proctor. I may be
`involved in crafting and writing research in the
`area. I give presentations at meetings on the data
`that has been developed.
` So there's a variety of different components
`to that.
` Q. And I understand you are also a
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`Transcript of Steven L. Goldberg, M.D.
`Conducted on May 28, 2021
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`16
`
`practicing physician?
` A. That's my real job, yes.
` Q. And what is your primary focus of
`practice?
` A. I'm an interventional cardiologist with
`a specific focus on structural heart disease.
` Q. Now, I'd like to look a little bit more
`at your declaration. Beginning at paragraph 89,
`you set forth certain legal standards. I'm
`referring to that.
` A. I'm sorry. Which number did you say?
` Q. Beginning at paragraph 89 on page 54.
` A. Eighty-nine, okay. I am at paragraph
`89.
` Q. So beginning at paragraph 89 and
`continuing over the next page or two, you set forth
`certain legal standards, right?
` A. Correct.
` Q. I assume you received those legal
`standards from counsel?
` A. Correct.
` Q. Based on the legal standards you've
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`Transcript of Steven L. Goldberg, M.D.
`Conducted on May 28, 2021
`
`17
`
`received from counsel, do you have an understanding
`as to whether hindsight can ever be used in
`evaluating whether a claimed invention would have
`been obvious?
` MS. DELLINGER: Object to form.
` A. Hindsight is not a part of this. One
`needs to put oneself in the mindset of an
`individual at the time of the patent application.
` Q. And you set forth your qualifications
`and experience in your declaration, right?
` A. Correct.
` Q. And you mention mindset of an individual
`at the time of the patent application. What date
`were you using when you are thinking about an
`individual at the time of the patent application?
` A. Well, that depends. In some
`considerations, the date was sometime in 2002.
`January, I believe it was. And in others, the
`consideration was 2014. And I don't recall the
`specific date in 2014.
` Q. So for the 2014 date, that is related to
`the grounds for Paniagua; is that right?
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`Transcript of Steven L. Goldberg, M.D.
`Conducted on May 28, 2021
`
`18
`
` A. Paniagua?
` Q. Paniagua, thank you.
` Is the 2014 date that you used for the day
`of the patent related to the Paniagua grounds that
`you reference in your declaration?
` A. Well, we clarify why we're using that
`date, but yes.
` Q. Okay. And is the 2002 date that you use
`for all of the non-Paniagua grounds in your
`declaration?
` A. Yes.
` Q. Okay. So I'll try to be specific about
`which date I'm talking about here, but if it's
`unclear from my questioning, please let me know
`what date I'm referencing. For the most part, if
`I'm talking about one of ordinary skill in the art,
`I'm going to be talking about from this
`January 2002 date.
` A. I understand.
` Q. Did you apply all of the qualifications
`and experience that you set forth in your
`declaration up until January 4th, 2002, in reaching
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`Transcript of Steven L. Goldberg, M.D.
`Conducted on May 28, 2021
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`19
`
`the opinions you set forth in your declaration,
`other than the Paniagua opinions?
` MS. DELLINGER: Object to form.
` A. The phrasing of the question is slightly
`confusing, but I believe that what you're asking
`is, did I consider the perspective of somebody
`whose knowledge -- a person skilled in the art's
`knowledge was January 4th, 2002, and before. And
`hopefully, I answered your question correctly, but
`if not, it was due to my misunderstanding.
` Q. (By Ms. Spires) No problem. I do
`appreciate the clarification.
` So I think part of the awkward wording is
`because of these two sections. So I'll say, right
`now, I'm going to be putting aside the Paniagua
`grounds that you used the 2014 date for.
` So for all other grounds, did you apply all
`of your own qualifications and experience up until
`January 4th, 2002, in reaching the opinions you
`put -- set forth in your declaration?
` A. If I understand you correctly, yes.
`Yes. You don't phrase it in a way that is
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`Transcript of Steven L. Goldberg, M.D.
`Conducted on May 28, 2021
`
`20
`
`intuitively clear to a layperson, and -- but that's
`why I'm hedging just a little bit. But I believe
`we're on the same page and that I did apply that
`date as the date that I'm using as the reference.
` Q. And the date that you're talking about,
`the January 4th, 2002, date, what I'm trying to
`find out is if you applied all of your own
`qualifications and experience that you've listed in
`your declaration up until that date when --
` MS. DELLINGER: Object to form.
` Q. (By Ms. Spires) -- reaching your
`opinions.
` MS. DELLINGER: Object to form.
` A. Yes.
` Q. Okay. I want to go into a little bit
`about TAVR procedures.
` I assume you're familiar with the
`transcatheter aortic valve replacement, or TAVR?
` A. Yes.
` Q. Could you explain what T-A-V-R, TAVR,
`is?
` A. First of all, it's a misnomer because
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`Transcript of Steven L. Goldberg, M.D.
`Conducted on May 28, 2021
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`21
`
`the term TAVR stands for transcatheter aortic valve
`replacement, and we don't replace a valve, we
`implant a valve. We don't take out the old one,
`but that's not particularly relevant.
` It's a way of implanting a valve
`nonsurgically, most commonly percutaneously, but
`occasionally through a cut-down to the artery. And
`it is a way of replacing -- or putting in a new
`aortic valve without requiring a patient to have
`their chest opened or go on cardiopulmonary bypass.
` Q. And I think you said that occasionally
`in a TAVR procedure you cut down to the artery; is
`that right?
` A. Yes. And I also misspoke a moment ago.
`There are ways of doing a TAVR where you do open up
`the chest, but it's still -- the valve is placed
`through a catheter as opposed to directly opening
`up the heart. But there can be a cut-down to the
`femoral artery in the groin. There can be a
`cut-down to the carotid artery. And a transaortic
`approach has been done where the chest is opened
`and the catheter is placed in the aorta.
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`Transcript of Steven L. Goldberg, M.D.
`Conducted on May 28, 2021
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`22
`
` So these are transcatheter but
`nonpercutaneous ways. So we call it a
`transcatheter as opposed to a percutaneous AVR.
` Q. And why is -- you said that TAVR is
`usually done percutaneously. Why is that?
` A. It causes less morbidity to the patient.
`It's easier for the patient to recover from. Less
`risk of infection.
` Q. Would a person of ordinary skill in the
`art in 2002 have been familiar with TAVR?
` A. I would say a person of ordinary skill
`in the art would have been because there was a
`small cadre of individuals who were working in that
`field. So yes, they would have been. I was
`familiar with it at that point.
` Q. When you say "a small cadre of
`individuals," roughly how many people are you
`talking about?
` A. I can't say that for sure. I don't
`really know. It's just that there was no -- I
`think that the first -- the first one was done in
`2002. And so it wasn't widely in other people's
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`Transcript of Steven L. Goldberg, M.D.
`Conducted on May 28, 2021
`
`23
`
`awareness, whereas now it's standard of care. At
`that time, there was only a few dedicated
`individuals who were particularly interested in
`that, but would have met the qualifications of a
`person of ordinary skill in the art.
` Q. Would all persons of ordinary skill in
`the art in 2002 have been familiar with the TAVR
`procedure?
` MS. DELLINGER: Object to form.
` A. Well, it had been described in the
`literature and in patents, so because it had been
`described, I believe that a person of ordinary
`skill in the art would have -- since that is a
`theoretical hypothetical person, I believe that it
`fits that definition. I would have to say yes.
` Q. (By Ms. Spires) And I assume you're
`also familiar with transcatheter mitral valve
`replacement, or TMVR?
` A. I am.
` Q. Could you explain a bit what TMVR is?
` A. Well, it's implantation of a valve in
`the mitral position going through catheters.
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`Transcript of Steven L. Goldberg, M.D.
`Conducted on May 28, 2021
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`24
`
`Again, typically done percutaneously, but there is
`a transapical approach which is done, so that's not
`definitively percutaneously, but may involve a
`cut-down.
` Q. And would a person of skill in the art
`in 2002 have been familiar with TMVR?
` A. There were patents and discussions about
`that prior to 2002, so it does meet the criteria
`for what a person of ordinary skill in the art
`would have been hypothetically aware of.
` Q. Do you know when the first TMVR
`procedure was done in humans?
` A. I can't say that I can recall. I cannot
`say that I can recall.
` Q. Do you know if the first TMVR procedure
`in humans was later than the first TAVR procedure
`in humans?
` A. I feel like this might be a trick
`question, but I believe it was done after TAVR.
` Q. I believe so, too. It wasn't meant to
`be a trick question.
` A. You're going to pull out some thing and
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`Transcript of Steven L. Goldberg, M.D.
`Conducted on May 28, 2021
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`25
`
`say, "Were you aware of this?"
` Q. No, no. Just getting basic information.
` Are you aware of whether there is any TMVR
`device approved for use in native mitral valves
`currently?
` A. In native mitral valve, in the United
`States, there is not. I'm not entirely certain if
`there might be in other parts of the world. I know
`that there is quite a bit of interest and research
`going on in that area. And as we all know,
`approvals occur earlier in other parts of the
`world, but in the United States, there are no
`FDA-approved TMVR devices.
` Q. Now --
` A. For -- let me clarify -- for native
`mitral valve. You did state native mitral valve.
` Q. Yes. If you can look -- I think I'm
`going to pull out the Bessler reference that you
`referred to in your declaration, which I believe is
`Exhibit 1006, in case you need to reference it.
` (Exhibit 1006 previously marked and
`referenced.)
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`Transcript of Steven L. Goldberg, M.D.
`Conducted on May 28, 2021
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`26
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` A. I have it.
` Q. (By Ms. Spires) The Bessler reference,
`Exhibit 1006, describes a device that is related to
`aortic valve replacement, right?
` A. Certainly, it's focused on aortic valve.
`I don't recall if there's any language in the
`patent that might allow it to be used in other
`valves, but the focus is certainly on the aortic
`valve.
` Q. And then look at the Tannenbaum -- or
`Teitelbaum reference, which is, I believe,
`Exhibit 1007 in your declaration.
` (Exhibit 1007 previously marked and
`referenced.)
` A. Yes.
` Q. (By Ms. Spires) The Teitelbaum
`reference is Exhibit 1007 and relates to material
`and techniques for replacement of diseased mitral
`valves, right?
` MS. DELLINGER: Object to form.
` A. Again, I know the focus was on the
`mitral valve. I don't know if there might have
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`Transcript of Steven L. Goldberg, M.D.
`Conducted on May 28, 2021
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`27
`
`been language in that patent that suggested it
`could be applied to the other valves as well. And
`as I look at the claims on the last page, I don't
`believe --
` Q. I'm sorry?
` A. I don't believe that the word "aortic"
`is used. I believe it just talks about valves,
`cardiac valves. So I believe that it would
`encompass other valves as well.
` Q. You're looking at the claims of what
`reference?
` A. The claims on the last page, so
`columns 7 and 8.
` Q. Are you looking at the Teitelbaum
`reference?
` A. Correct.
` Q. Okay. Now, the Leonard reference that
`you refer to -- or Leonhardt reference that you
`refer to in your declaration, I believe it's
`Exhibit 1012, do you have that?
` (Exhibit 1012 previously marked and
`referenced.)
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`Transcript of Steven L. Goldberg, M.D.
`Conducted on May 28, 2021
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`28
`
` A. Yes.
` Q. (By Ms. Spires) And that reference is
`primarily about devices for mitral valve
`replacement as well, correct?
` MS. DELLINGER: Sarah, I apologize. We're
`having some -- I don't know if it's feedback or
`interference or it's just muffled. It's not coming
`through very clearly. I don't know if you're away
`from the microphone or if the problem's on our end.
` TECHNICIAN: Counsel, it sounds like you may
`have something covering your microphone, is what it
`sounds like.
` MS. SPIRES: Possibly. I will scoot a
`little closer.
` TECHNICIAN: You're already sounding
`clearer. Thank you.
` MS. SPIRES: Sure. Sorry about that. If
`that happens again, just let me know. I don't even
`know where the microphone is on my computer, so I
`very well could have been covering it.
` Q. (By Ms. Spires) Okay. Let's see. I
`was -- you may not have heard the question, so I'll
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`Transcript of Steven L. Goldberg, M.D.
`Conducted on May 28, 2021
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`29
`
`just repeat it.
` The Leonhardt reference that you refer to in
`your declaration, which is Exhibit 1012, is also
`primarily about devices for mitral valve
`replacement, correct?
` MS. DELLINGER: Object to form.
` A. Once again, as I'm looking at the
`claims, it talks about the valves, it doesn't state
`the specific valves, so I think it would encompass
`more than just the mitral valve.
` Q. (By Ms. Spires) Is it your view that a
`patent's disclosure is limited by its claims?
` MS. DELLINGER: Object to form.
` A. I believe one does consider the
`commentary as well. However, I would not limit
`this patent, based upon those claims, to only the
`mitral valve. I would believe that it would
`encompass beyond the mitral valve. And certainly,
`we do see valves that are primarily designed for
`one used in other locations.
` Q. (By Ms. Spires) Is the anatomical
`structure of the aortic and mitral valves
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`Transcript of Steven L. Goldberg, M.D.
`Conducted on May 28, 2021
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`30
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`different?
` A. Quite a bit.
` Q. How so?
` A. That's a challenging question that can
`take quite a bit of time to try and cover, but the
`aortic valve is a little bit more round, or
`slightly oval, and the mitral valve is a much more
`complicated shape, and is larger.
` The aortic valve in native is three
`leaflets. The mitral valve is two leaflets, one
`accommodating the high pressure of a ventricle
`pumping blood through it, and the other is
`accommodating the low pressur

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