UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`EDWARDS LIFESCIENCES CORPORATION AND EDWARDS
`LIFESCIENCES LLC,
`Petitioners
`v.
`COLIBRI HEART VALVE LLC,
`Patent Owner
`
`Patent No. 9,125,739
`
`DECLARATION OF BRIAN P. EGAN IN SUPPORT OF
`PETITION FOR INTER PARTES REVIEW OF
`UNITED STATES PATENT NO. 9,125,739
`
`
`
`Edwards Lifesciences Corporation, et al. Exhibit 1024, p. 1 of 7
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`EDWARDS LIFESCIENCES CORPORATION AND EDWARDS
`LIFESCIENCES LLC,
`Petitioners
`v.
`COLIBRI HEART VALVE LLC,
`Patent Owner
`
`Patent No. 9,125,739
`
`DECLARATION OF BRIAN P. EGAN IN SUPPORT OF
`PETITION FOR INTER PARTES REVIEW OF
`UNITED STATES PATENT NO. 9,125,739
`
`
`
`Edwards Lifesciences Corporation, et al. Exhibit 1024, p. 1 of 7
`
`
`
`
`
`I, Brian P. Egan, make the following Declaration pursuant to 28 U.S.C.
`
`§ 1746:
`
`1.
`
`2.
`
`I am a Partner at the law firm of Morris, Nichols, Arsht & Tunnell LLP.
`
`I provide this Declaration in support of Edwards Lifesciences
`
`Corporation and Edwards Lifesciences LLC’s Petition for Inter Partes Review of
`
`United States Patent No. 9,125,739. Unless otherwise stated, the facts stated in this
`
`Declaration are based on my personal knowledge.
`
`3.
`
`Ex. 1001 is a true and correct copy of United States Patent No.
`
`9,125,739, which is available on the USPTO’s Public PAIR system and was
`
`submitted as Ex. 1001 by Petitioner Medtronic CoreValve LLC (“Medtronic”) in
`
`IPR2020-01454. 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.
`
`4.
`
`Ex. 1002 is a true and correct copy of the Declaration of William J.
`
`Drasler In Support of Petition for Inter Partes Review of United States Patent No.
`
`9,125,739, which was filed as Ex 1002 in support of Medtronic’s Petition for Inter
`
`Partes Review of United States Patent No. 9,125,739 in IPR2020-01454. This
`
`Declaration 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 Declaration.
`
`
`
`Edwards Lifesciences Corporation, et al. Exhibit 1024, p. 2 of 7
`
`
`
`
`
`5.
`
`Ex. 1003 is a true and correct copy of the Prosecution History File of
`
`United States Patent No. 9,125,739, which is available on the USPTO’s Public PAIR
`
`system and was submitted as Ex. 1003 by Petitioner Medtronic in IPR2020-01454.
`
`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.
`
`6.
`
`Ex. 1005 is a true and correct copy of U.S. Patent No. 6,425,916 to
`
`Garrison et al., which is available on the USPTO’s Public PAIR system and was
`
`submitted as Ex. 1005 by Petitioner Medtronic in IPR2020-01454. 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.
`
`7.
`
`Ex. 1006 is a true and correct copy of U.S. Patent No. 5,957,949 to
`
`Leonhardt et al., which is available on the USPTO’s Public PAIR system and was
`
`submitted as Ex. 1006 by Petitioner Medtronic in IPR2020-01454. 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.
`
`8.
`
`Ex. 1008 is a true and correct copy of U.S. Patent No. 6,077,295 to
`
`Limon et al., which is available on the USPTO’s Public PAIR system and was
`
`2
`
`Edwards Lifesciences Corporation, et al. Exhibit 1024, p. 3 of 7
`
`
`
`
`
`submitted as Ex. 1008 by Petitioner Medtronic in IPR2020-01454. 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.
`
`9.
`
`Ex. 1009 is a true and correct copy of U.S. Patent No. 7,025,780 to
`
`Gabbay, which is available on the USPTO’s Public PAIR system and was submitted
`
`as Ex. 1009 by Petitioner Medtronic in IPR2020-01454. 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.
`
`10. Ex. 1010 is a true and correct copy of WO 00/15147 to Phelps et al.,
`
`which is available on the World Intellectual Property Organization (“WIPO”)
`
`website and was submitted as Ex. 1010 by Petitioner Medtronic in IPR2020-01454.
`
`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.
`
`11. Ex. 1011 is a true and correct copy of the Prosecution History File of
`
`United States Patent No. 8,900,294, which is available on the USPTO’s Public PAIR
`
`system and was submitted as Ex. 1011 by Petitioner Medtronic in IPR2020-01454.
`
`This document has been marked with an exhibit label and page numbers on each
`
`3
`
`Edwards Lifesciences Corporation, et al. Exhibit 1024, p. 4 of 7
`
`
`
`
`
`page at the bottom right corner. However, no alterations, other than these noted
`
`markings, have been made to this document.
`
`12. Ex. 1012 is a true and correct copy of WO 98/29057 to Letac et al.,
`
`which is available on the World Intellectual Property Organization (“WIPO”)
`
`website and was submitted as Ex. 1012 by Petitioner Medtronic in IPR2020-01454.
`
`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. 1013 is a true and correct copy of U.S. Patent No. 5,840,081 to
`
`Andersen et al., which is available on the USPTO’s Public PAIR system and was
`
`submitted as Ex. 1013 by Petitioner Medtronic in IPR2020-01454. 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. 1015 is a true and correct copy of the Prosecution History File of
`
`U.S. Patent Application No. 09/659,882, which is available on the USPTO’s Public
`
`PAIR system and was submitted as Ex. 1015 by Petitioner Medtronic in IPR2020-
`
`01454. 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.
`
`4
`
`Edwards Lifesciences Corporation, et al. Exhibit 1024, p. 5 of 7
`
`
`
`
`
`15. Ex. 1016 is a true and correct copy of the Prosecution History File of U.S. Patent
`
`Application No. 10/887,688, which is available on the USPTO’s Public PAIR system and was
`
`submitted as Ex. 1016 by Petitioner Medtronic in IPR2020-01454. 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. 1017 is a true and correct copy of the Prosecution History File of U.S. Patent
`
`Application No. 13/675,665, which is available on the USPTO’s Public PAIR system and was
`
`submitted as Ex. 1017 by Petitioner Medtronic in IPR2020-01454. 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. 1018 is a true and correct copy of the Prosecution History File of U.S. Patent
`
`Application No. 10/037,266, which is available on the USPTO’s Public PAIR system and was
`
`submitted as Ex. 1018 by Petitioner Medtronic in IPR2020-01454. 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. 1019 is a true and correct copy of AneuRX Stent Graft System.pdf,
`
`which
`
`is
`
`available
`
`for
`
`download
`
`at
`
`https://www.accessdata.fda.gov/cdrh_docs/pdf/P990020c.pdf and was submitted as
`
`Ex. 1019 by Petitioner Medtronic in IPR2020-01454. 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.
`
`5
`
`Edwards Lifesciences Corporation, et al. Exhibit 1024, p. 6 of 7
`
`
`
`
`
`19. Ex. 1020 is a true and correct copy of U.S. Patent No. 5,961,549 to
`
`Nguyen et al., which is available on the USPTO’s Public PAIR system and was
`
`submitted as Ex. 1020 by Petitioner Medtronic in IPR2020-01454. 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.
`
`20. Ex. 1021 is a true and correct copy of U.S. Patent No. 5,713,950 to Cox,
`
`which is available on the USPTO’s Public PAIR system and was submitted as
`
`Ex. 1021 by Petitioner Medtronic in IPR2020-01454. 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.
`
` declare under penalty of perjury that the foregoing is true and correct.
`
`Executed this 6th day of April, 2021 in Wilmington, Delaware.
`
`/s/ Brian P. Egan
`Brian P. Egan (Reg. No. 54,866)
`Counsel for Petitioner
`
` I
`
`
`
`
`
`
`
`
`
`6
`
`Edwards Lifesciences Corporation, et al. Exhibit 1024, p. 7 of 7
`
`
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