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`Filed: December 29, 2020
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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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`EDWARDS LIFESCIENCES CORPORATION AND
`EDWARDS LIFESCIENCES LLC,
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`PETITIONERS,
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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. IPR2020-01649
`U.S. Patent No. 9,125,739
`___________________
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`DECLARATION OF MIEKE K. MALMBERG IN SUPPORT OF 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 2009, Page 1 of 4
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`Pursuant to 28 U.S.C. § 1746, I, Mieke K. Malmberg, hereby declare as
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`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 local counsel for Colibri in the related district court litigation,
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`Case No. 8:20-cv-00847-DOC-JDE, which was filed on May 4, 2020, in the
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`Central District of California Southern Division (“CDCA Litigation”). (Ex. 2001,
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`1.)
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`3. Medtronic CoreValve LLC (“Medtronic”) is the Defendant in the
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`CDCA Litigation.
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`4.
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`On September 4, 2020, Medtronic moved for a stay of the CDCA
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`Litigation pending inter partes review. (Ex. 2008.)
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`5.
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`Also on September 4, 2020, the court entered a scheduling order
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`setting a jury trial for September 14, 2021. (Exs. 2003, 2010.)
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`6.
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`During an in-person status conference conducted with the District
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`Court on November 17, 2020, Judge Carter denied Medtronic’s request for a stay
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`and indicated that the September 14, 2021 jury trial “would not move under any
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`Colibri Heart Valve LLC, Exhibit 2009, Page 2 of 4
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`circumstances.” (Ex. 2004, 2.) Judge Carter also requested the parties submit
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`additional dates for the schedule, including Markman briefing. (Id.)
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`7.
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`On November 24, 2020, Judge Carter entered additional dates into the
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`case schedule, preserving the September 14, 2020 trial date. (Ex. 2005.)
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`8.
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`On November 6, 2020, Medtronic served invalidity contentions on
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`Colibri in the CDCA Litigation.
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`9.
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`In those invalidity contentions, Medtronic argues that the ’739 patent
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`is invalid based on the following references/combinations:
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` Patent No. 5,840,081 (“Andersen”), in view of United States Patent
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`No. 6,077,295 (“Limon”), U.S. Patent No. 7,025,780 (“Gabbay”),
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`WO/0015147 (“Phelps”) and/or U.S. Patent No. 5,961,549
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`(“Nguyen”);
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` United States Patent No. 5,855,601 (“Bessler”) in view of U.S. Patent
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`Publication No. 2001/0044633 (“Klint”) and U.S. Patent No.
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`5,332,402 (“Teitelbaum”);
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` Bessler and Teitelbaum;
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` Bessler in view of U.S. Patent No. 5,957,949 (“Leonhardt”), Klint,
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`U.S. Patent No. 4,218,782 (“Rygg”) and/or U.S. Pat. No. 5,713,950
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`(“Cox”);
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` Bessler in view of Leonhardt, Rygg and/or Cox;
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`Colibri Heart Valve LLC, Exhibit 2009, Page 3 of 4
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` United States Patent No. 6,425,916 (“Garrison”) in view of
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`Leonhardt, Rygg, Cox and/or Nguyen;
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` Garrison and Nguyen;
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` Leonhardt, Rygg and/or Cox;
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` Limon, in view of Leonhardt, Rygg and/or Cox; and
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` United States Patent Publication No. 2005/0113910 (“Paniagua”).
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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 29th day of December, 2020.
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` /s/Mieke K. Malmberg
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`Mieke K. Malmberg
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`Colibri Heart Valve LLC, Exhibit 2009, Page 4 of 4
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