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`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
`
`
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`Edwards Lifesciences Corporation, et al. Exhibit 1024, p. 1 of 7
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`
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`I, Brian P. Egan, make the following Declaration pursuant to 28 U.S.C.
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`§ 1746:
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`1.
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`2.
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`I am a Partner at the law firm of Morris, Nichols, Arsht & Tunnell LLP.
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`I provide this Declaration in support of Edwards Lifesciences
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`Corporation and Edwards Lifesciences LLC’s Petition for Inter Partes Review of
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`United States Patent No. 9,125,739. Unless otherwise stated, the facts stated in this
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`Declaration are based on my personal knowledge.
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`3.
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`Ex. 1001 is a true and correct copy of United States Patent No.
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`9,125,739, which is available on the USPTO’s Public PAIR system and was
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`submitted as Ex. 1001 by Petitioner Medtronic CoreValve LLC (“Medtronic”) in
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`IPR2020-01454. 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
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`these noted markings, have been made to this document.
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`4.
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`Ex. 1002 is a true and correct copy of the Declaration of William J.
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`Drasler In Support of Petition for Inter Partes Review of United States Patent No.
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`9,125,739, which was filed as Ex 1002 in support of Medtronic’s Petition for Inter
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`Partes Review of United States Patent No. 9,125,739 in IPR2020-01454. This
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`Declaration has been marked with an exhibit label and page numbers on each page
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`at the bottom right corner. However, no alterations, other than these noted markings,
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`have been made to this Declaration.
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`
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`Edwards Lifesciences Corporation, et al. Exhibit 1024, p. 2 of 7
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`
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`5.
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`Ex. 1003 is a true and correct copy of the Prosecution History File of
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`United States Patent No. 9,125,739, which is available on the USPTO’s Public PAIR
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`system and was submitted as Ex. 1003 by Petitioner Medtronic in IPR2020-01454.
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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
`
`markings, have been made to this document.
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`6.
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`Ex. 1005 is a true and correct copy of U.S. Patent No. 6,425,916 to
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`Garrison et al., which is available on the USPTO’s Public PAIR system and was
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`submitted as Ex. 1005 by Petitioner Medtronic in IPR2020-01454. This document
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`has 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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`7.
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`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 is available on the USPTO’s Public PAIR system and was
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`submitted as Ex. 1006 by Petitioner Medtronic in IPR2020-01454. This document
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`has 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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`8.
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`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 is available on the USPTO’s Public PAIR system and was
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`2
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`Edwards Lifesciences Corporation, et al. Exhibit 1024, p. 3 of 7
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`
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`submitted as Ex. 1008 by Petitioner Medtronic in IPR2020-01454. This document
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`has 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. 1009 is a true and correct copy of U.S. Patent No. 7,025,780 to
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`Gabbay, which is available on the USPTO’s Public PAIR system and was submitted
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`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
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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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`10. Ex. 1010 is a true and correct copy of WO 00/15147 to Phelps et al.,
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`which is available on the World Intellectual Property Organization (“WIPO”)
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`website and was submitted as Ex. 1010 by Petitioner Medtronic in IPR2020-01454.
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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
`
`markings, have been made to this document.
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`11. Ex. 1011 is a true and correct copy of the Prosecution History File of
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`United States Patent No. 8,900,294, which is available on the USPTO’s Public PAIR
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`system and was submitted as Ex. 1011 by Petitioner Medtronic in IPR2020-01454.
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`This document has been marked with an exhibit label and page numbers on each
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`3
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`Edwards Lifesciences Corporation, et al. Exhibit 1024, p. 4 of 7
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`
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`
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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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`12. Ex. 1012 is a true and correct copy of WO 98/29057 to Letac et al.,
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`which is available on the World Intellectual Property Organization (“WIPO”)
`
`website and was submitted as Ex. 1012 by Petitioner Medtronic in IPR2020-01454.
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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
`
`markings, have been made to this document.
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`13. Ex. 1013 is a true and correct copy of U.S. Patent No. 5,840,081 to
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`Andersen et al., which is available on the USPTO’s Public PAIR system and was
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`submitted as Ex. 1013 by Petitioner Medtronic in IPR2020-01454. This document
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`has 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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`14. Ex. 1015 is a true and correct copy of the Prosecution History File of
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`U.S. Patent Application No. 09/659,882, which is available on the USPTO’s Public
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`PAIR system and was submitted as Ex. 1015 by Petitioner Medtronic in IPR2020-
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`01454. 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 noted
`
`markings, have been made to this document.
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`4
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`Edwards Lifesciences Corporation, et al. Exhibit 1024, p. 5 of 7
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`
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`15. Ex. 1016 is a true and correct copy of the Prosecution History File of U.S. Patent
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`Application No. 10/887,688, which is available on the USPTO’s Public PAIR system and was
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`submitted as Ex. 1016 by Petitioner Medtronic in IPR2020-01454. This document has been marked
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`with an exhibit 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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`16. Ex. 1017 is a true and correct copy of the Prosecution History File of U.S. Patent
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`Application No. 13/675,665, which is available on the USPTO’s Public PAIR system and was
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`submitted as Ex. 1017 by Petitioner Medtronic in IPR2020-01454. This document has been marked
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`with an exhibit 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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`17. Ex. 1018 is a true and correct copy of the Prosecution History File of U.S. Patent
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`Application No. 10/037,266, which is available on the USPTO’s Public PAIR system and was
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`submitted as Ex. 1018 by Petitioner Medtronic in IPR2020-01454. This document has been marked
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`with an exhibit 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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`18. Ex. 1019 is a true and correct copy of AneuRX Stent Graft System.pdf,
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`which
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`is
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`available
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`for
`
`download
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`at
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`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.
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`5
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`Edwards Lifesciences Corporation, et al. Exhibit 1024, p. 6 of 7
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`
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`
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`19. Ex. 1020 is a true and correct copy of U.S. Patent No. 5,961,549 to
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`Nguyen et al., which is available on the USPTO’s Public PAIR system and was
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`submitted as Ex. 1020 by Petitioner Medtronic in IPR2020-01454. This document
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`has 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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`20. Ex. 1021 is a true and correct copy of U.S. Patent No. 5,713,950 to Cox,
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`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
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`corner. However, no alterations, other than these noted markings, have been made
`
`to this document.
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` declare under penalty of perjury that the foregoing is true and correct.
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`Executed this 6th day of April, 2021 in Wilmington, Delaware.
`
`/s/ Brian P. Egan
`Brian P. Egan (Reg. No. 54,866)
`Counsel for Petitioner
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` I
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`6
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`Edwards Lifesciences Corporation, et al. Exhibit 1024, p. 7 of 7
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