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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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`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. IPR2020-01649
`U.S. Patent No. 9,125,739
`___________________
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`DECLARATION OF SARAH E. SPIRES 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 2011, Page 1 of 8
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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. 2001 is a true and correct copy of docket entry 1 in Case No.
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`8:20-cv-00847-DOC-JDE, filed on May 4, 2020 in the United States District Court
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`Central District of California Southern Division – Santa Ana, and entitled
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`“Complaint for Patent Infringement.” This document has been marked with an
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`exhibit label and page numbers on each page at the bottom right corner. However,
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`no alterations, other than these noted markings, have been made to this document.
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`4.
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`Ex. 2002 is a true and correct copy of docket entry 48 in Case No.
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`8:20-cv-00847-DOC-JDE, filed on August 31, 2020 in the United States District
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`Court Central District of California Southern Division – Santa Ana, and entitled
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`“Joint Rule 26(f) 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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`Colibri Heart Valve LLC, Exhibit 2011, Page 2 of 8
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`5.
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`Ex. 2003 is a true and correct copy of docket entry 53 in Case No.
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`8:20-cv-00847-DOC-JDE, filed on September 4, 2020 in the United States District
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`Court Central District of California Southern Division – Santa Ana, and entitled
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`“Scheduling Order & Order Re: Pretrial and Trial Procedures.” This document has
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`been marked with an exhibit label and page numbers on each page at the bottom
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`right corner. However, no alterations, other than these noted markings, have been
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`made to this document.
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`6.
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`Ex. 2004 is a true and correct copy of docket entry 71 in Case No.
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`8:20-cv-00847-DOC-JDE, filed on November 20, 2020 in the United States
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`District Court Central District of California Southern Division – Santa Ana, and
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`entitled “Joint Stipulation and Request to Enter [Proposed] Orders: (1) [Proposed]
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`Case Schedule [Exhibit A]; [sic] [Proposed] Protective Order [Exhibit B]; and (3)
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`[Proposed] Order Appointing David Keyzer as the Special Technical Master
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`[Exhibit C].” 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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`7.
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`Ex. 2005 is a true and correct copy of docket entry 73 in Case No.
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`8:20-cv-00847-DOC-JDE, filed on November 24, 2020 in the United States
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`District Court Central District of California Southern Division – Santa Ana, and
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`entitled “Order Regarding Case Schedule [71-1].” This document has been marked
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`Colibri Heart Valve LLC, Exhibit 2011, Page 3 of 8
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`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 this
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`document.
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`8.
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`Ex. 2006 is a true and correct copy of docket entry 75 in Case No.
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`8:20-cv-00847-DOC-JDE, filed on November 24, 2020 in the United States
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`District Court Central District of California Southern Division – Santa Ana, and
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`entitled “Order Appointing Technical Special Master [71-3].” This document has
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`been marked with an exhibit label and page numbers on each page at the bottom
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`right corner. However, no alterations, other than these noted markings, have been
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`made to this document.
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`9.
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`Ex. 2007 is a true and correct copy of the Prosecution File History of
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`United States Patent No. 8,900,294, which was obtained from the USPTO’s Public
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`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
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`than these noted markings, have been made to this document.
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`10. Ex. 2008 is a true and correct copy of docket entry 50 in Case No.
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`8:20-cv-00847-DOC-JDE, filed on September 4, 2020 in the United States District
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`Court Central District of California Southern Division – Santa Ana, and entitled
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`“Medtronic CoreValve LLC’s Notice of Motion and Motion to Stay Litigation
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`Pending Inter Partes Review.” This document has been marked with an exhibit
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`Colibri Heart Valve LLC, Exhibit 2011, Page 4 of 8
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`
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`label 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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`11. Ex. 2010 is a true and correct copy of docket entry 54 in Case No.
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`8:20-cv-00847-DOC-JDE, filed on September 8, 2020 in the United States District
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`Court Central District of California Southern Division – Santa Ana, and entitled
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`“Notice of Clerical Error.” 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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`12. Ex. 2012 is a true and correct copy of Medtronic’s Appendix A-2 to
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`its Response to Colibri’s Invalidity Contention Interrogatory, sent on November 6,
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`2020 to Colibri’s counsel in Case No. 8:20-cv-00847-DOC-JDE, and entitled
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`“Invalidity of U.S. 9,125,739 in View of Bessler, Klint and Teitelbaum”. 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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`13. Ex. 2013 is a true and correct copy of Medtronic’s Appendix A-3 to
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`its Response to Colibri’s Invalidity Contention Interrogatory, sent on November 6,
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`2020 to Colibri’s counsel in Case No. 8:20-cv-00847-DOC-JDE, and entitled
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`“Invalidity of U.S. 9,125,739 in View of Bessler and Teitelbaum”. This document
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`has been marked with an exhibit label and page numbers on each page at the
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`Colibri Heart Valve LLC, Exhibit 2011, Page 5 of 8
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`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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`14. Ex. 2014 is a true and correct copy of Medtronic’s Appendix A-4 to
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`its Response to Colibri’s Invalidity Contention Interrogatory, sent on November 6,
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`2020 to Colibri’s counsel in Case No. 8:20-cv-00847-DOC-JDE, and entitled
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`“Invalidity of U.S. 9,125,739 in View of Bessler, Leonhardt, Klint and Rygg or
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`Cox”. 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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`15. Ex. 2015 is a true and correct copy of Medtronic’s Appendix A-5 to
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`its Response to Colibri’s Invalidity Contention Interrogatory, sent on November 6,
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`2020 to Colibri’s counsel in Case No. 8:20-cv-00847-DOC-JDE, and entitled
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`“Invalidity of U.S. 9,125,739 in View of Bessler, Leonhardt and Rygg or Cox”.
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`This document has been marked with an exhibit label and page numbers on each
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`page at the bottom right corner. However, no alterations, other than these noted
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`markings, have been made to this document.
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`16. Ex. 2016 is a true and correct copy of Medtronic’s Appendix A-10 to
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`its Response to Colibri’s Invalidity Contention Interrogatory, sent on November 6,
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`2020 to Colibri’s counsel in Case No. 8:20-cv-00847-DOC-JDE, and entitled
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`“Invalidity of U.S. 9,125,739 in View of Paniagua”. This document has been
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`Colibri Heart Valve LLC, Exhibit 2011, Page 6 of 8
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`marked with an exhibit label and page numbers on each page at the bottom right
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`corner. However, no alterations, other than these noted markings, have been made
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`to this document.
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`17. Ex. 2017 is a true and correct copy of an email entitled “Stipulation
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`Regarding IPRs,” sent on December 22, 2020 by Medtronic’s counsel in Case No.
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`8:20-cv-00847-DOC-JDE. 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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`18. Ex. 2018 is a true and correct copy of an email chain, the top email of
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`which is entitled “RE: Colibri v. Medtronic – Meet and Confer Summary,” sent on
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`December 4, 2020 by Medtronic’s counsel in Case No. 8:20-cv-00847-DOC-JDE.
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`This document has been marked with an exhibit label and page numbers on each
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`page at the bottom right corner. However, no alterations, other than these noted
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`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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`Colibri Heart Valve LLC, Exhibit 2011, Page 7 of 8
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`Executed on this 29th day of December, 2020.
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` /s/ Sarah E. Spires
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`Sarah E. Spires (Reg. No. 61,501)
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`Colibri Heart Valve LLC, Exhibit 2011, Page 8 of 8
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