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1031 Exhibit: Ex 1031

Document IPR2024-00383, No. 1031 Exhibit - Ex 1031 (P.T.A.B. Apr. 11, 2025)
Deposition of PETER CROSBY Conducted virtually via Zoom Tuesday, April 1, 2025-10:10 a.m. CST Job No.: 576873 Pages: 1 - 261 Reported by: THERESA A. VORKAPIC,
Q And in the sentence it says in Paragraph 86: "To confirm the probes reach the target tissue, Mehta discloses several ways of assessing penetration depth after the needles have been extended into the skin."
Transcript of Peter Crosby Conducted on April 1, 2025 Q And do you agree that Mehta discloses an end surface configured to be placed on or near dermatological tissue to be treated?
Q And the next sentence says: "But that would render the desired distance limitations meaningless and would require looking into what the user was thinking, i.e., his or her state of mind when selecting a particular cartridge configuration."
So I guess, correct me if I'm wrong here, when you say "...the '774 patent focuses on the user's objective action" and the rest of your sentence, you're referring to the claim specification and whatever else; is that a better understanding of your statement?
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2124 Exhibit: Exhibit 2124 Thomas Declaration Redacted

Document IPR2024-00383, No. 2124 Exhibit - Exhibit 2124 Thomas Declaration Redacted (P.T.A.B. Apr. 23, 2024)
Over my career I have analyzed economic and financial issues in more than one hundred commercial disputes, many of which involved patent, copyright, trade secret, and trademark infringement.
Many of those assignments have also involved complex studies of damages and cost accounting related thereto, inventory analyses, and determinations of domestic industry and appropriate remedies in ITC investigations.
I understand that the United States Supreme Court acknowledged the importance of commercial success issues in the context of questions of 35 U.S.C. § 103 in Graham v. John Deere Co. of Kansas City: Against this background, the obviousness or nonobviousness of the subject matter is determined.
Such secondary considerations as commercial success, long felt but unsolved needs, failure of others, etc., might be utilized to give light to the circumstances surrounding the origin of the subject matter sought to be patented.
The term “nexus” is often used, in this context, to designate a legally and factually sufficient connection between the proven success and the patented invention, such that the objective evidence should be considered in the determination of nonobviousness.
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2123 Exhibit: Exhibit 2123 Crosby Declaration Redacted

Document IPR2024-00383, No. 2123 Exhibit - Exhibit 2123 Crosby Declaration Redacted (P.T.A.B. Apr. 23, 2024)
I have worked on the clinical trials and regulatory submission for multiple products, starting in 1984 when I was the primary author of the Pre- Market Approval Application (PMAA) for Cochlear (a multi-channel implantable hearing prosthesis).
I also served as an expert for Patent Owner in Certain Dermatological Treatment Devices and Components Thereof, Inv. No. 337-TA-1356 (the “1356 Investigation”) on a number of issues, including the validity and practice of several Case No. 21STCV30687 in the Superior Court for Los Angeles County, California.
It is my opinion that a person of ordinary skill in the art (“POSITA”) for the ’774 Patent would have (1) 7-10 years of experience with developing and/or using treatment systems for delivery of electromagnetic radiation energy to skin or other tissues, and (2) a related graduate engineering degree or M.D.
Relevant to the meaning and scope of “desired distance” the Examiner relied on column 10, lines 11-20 in asserting that Crocker disclosed that “[a] motor is energized to extend the needles a desired distance.” Ex. 2114 (’536 Patent File History), 278.
Dec’l ISO POPR Wave (CW) radio frequency signals) from the proximal end of the user holdable device to the plurality of the extendable needles to treat dermatological tissue and maximize treatment results.
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