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IPR2020-00152, No. 22 Objection - 2020 11 04 P O Rex Medical Objection to Evidence (P.T.A.B. Nov. 4, 2020)
Rules of Evidence (“FRE”) and 37 C.F.R. § 42.64(b)(1) to the admissibility of Ex. 1024 and certain paragraphs of Ex. 1025, submitted by Petitioner Intuitive Surgical, Inc. (“Petitioner”) in connection with its Petitioner’s Reply in IPR2020-00152.
Patent Owner objects to ¶14 of Ex. 1025 for at least the following reasons: ¶14 is inadmissible under FRE 602 because Petitioner has failed to introduce evidence sufficient to support a finding that the witness has personal knowledge of the matters discussed therein.
Patent Owner also objects on the grounds that ¶14 is inadmissible under FRE 702, 703, and 37 C.F.R. § 42.65 because the underlying facts or data on which the opinion is purportedly based are either not disclosed or insufficient.
Accordingly, Patent Owner reserves its right under 37 C.F.R. § 42.64(c) to file a motion to exclude this evidence.
UNDER 37 C.F.R. §§ 42.6(e), 42.105(a) I, Erik B. Milch, hereby certify that on November 4, 2020, the foregoing
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IPR2020-00152, No. 22 Objection - 2020 11 04 P O Rex Medical Objection to Evidence (P.T.A.B. Nov. 4, 2020)
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IPR2020-00152, No. 19 Notice of Deposition - Petitioners Notice of Deposition of Albert Juergens (P.T.A.B. Sep. 22, 2020)
Proceeding No. IPR2020-00152 Attorney Docket No. 11030-0060IP1 Please take notice that pursuant to 37 C.F.R. § 42.53, Petitioner Intuitive
Surgical, Inc., by and through its counsel, shall take the deposition of Albert Juergens commencing on October 1, 2020 at 10:00 a.m.
The deposition will be conducted before an officer authorized to administer oaths.
The deposition will be recorded stenographically, and may also be transcribed by real-time reporting software.
Pursuant to 37 C.F.R. § 42.53(d)(1), the parties have conferred and have agreed on this date and setting for the deposition of Albert Juergens.
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IPR2020-00152, No. 19 Notice of Deposition - Petitioners Notice of Deposition of Albert Juergens (P.T.A.B. Sep. 22, 2020)
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IPR2020-00152, No. 15 Objection - Petitioners Objections to Supplemental Evidence (P.T.A.B. Aug. 19, 2020)
(“Petitioner”), hereby submits its notice of objections to certain supplemental evidence that Patent Owner, Rex Medical, L.P. (“Patent Owner”), served on August 12 and 13, 2020 in connection with IPR2020-00152.
Petitioner objects to Exhibit 2039 because it is untimely and does not support the admissibility of previously filed evidence.
To the extent that the material is relevant at all, any probative value is outweighed by the danger of unfair prejudice or confusion of the issues.
Petitioner objects to these exhibits because they are untimely and do not support the admissibility of previously filed evidence.
Petitioner objects to Exhibit 2046 because it is untimely and does not support the admissibility of previously filed evidence.
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IPR2020-00152, No. 15 Objection - Petitioners Objections to Supplemental Evidence (P.T.A.B. Aug. 19, 2020)
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IPR2020-00152, No. 14 Objection - Petitioners Objections to Evidence (P.T.A.B. Jul. 29, 2020)
(“Petitioner”), hereby submits its notice of objections to certain evidence that Patent Owner, Rex Medical, L.P. (“Patent Owner”), served on July 22, 2020 in connection with IPR2020-00152.
To the extent that the material is relevant at all, any probative value is outweighed by the danger of unfair prejudice or confusion of the issues.
To the extent that the material is relevant at all, any probative value is outweighed by the danger of unfair prejudice or confusion of the issues.
These Proceeding No. IPR2020-00152 Attorney Docket No. 11030-0060IP1 exhibits contains irrelevant information.
To the extent that the material is relevant at all, any probative value is outweighed by the danger of unfair prejudice or confusion of the issues.
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IPR2020-00152, No. 14 Objection - Petitioners Objections to Evidence (P.T.A.B. Jul. 29, 2020)
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IPR2020-00152, No. 2 Petition - Petition for Inter Partes Review of USP 9,439,650 (P.T.A.B. Nov. 19, 2019)
Furthermore, a POSITA would have had good reason to pursue the known options within his or her technical grasp when, as here, “there are a finite number of identified, predictable solutions” for designing a knife bar for cutting tissue in a surgical stapler.
A composite image of Rothfuss, Fig. 2 (modified to show only the jaws and Attorney Docket No. 11030-0060IP1 IPR of U.S. Patent No. 9,439,650 the I-beam) and a portion of Green-209, Fig. 16 (flipped vertically) illustrating an example of the proposed combination is shown below.
Furthermore, if the claimed proximal and distal locations must be (1) rela- tive to the handle assembly, and (2) at the beginning and end of the entire firing stroke, respectively, then it would have been obvious in view of Green-695 to move the beam in the opposite direction.
A POSITA making this modification would have reasonably expected to succeed because it would have been merely the application of a known technique (moving the beam away from the handle assembly) with a known system (McGuckin’s instrument) in the same field of endeavor (surgical staplers).
Attorney Docket No. 11030-0060IP1 IPR of U.S. Patent No. 9,439,650 A POSITA making this modification would have reasonably expected to succeed because it would have been merely the application of a known technique (applying rows of staples on both sides of a cut line) with a known system (McGuckin’s instrument) in the same field of endeavor (surgical staplers).
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IPR2020-00152, No. 2 Petition - Petition for Inter Partes Review of USP 9,439,650 (P.T.A.B. Nov. 19, 2019)
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IPR2020-00152, No. 13 Response - 2020 07 22 IPR2020 00152 Patent Owner Response (P.T.A.B. Jul. 22, 2020)
2011) (holding “obviousness requires the additional showing that a [POSITA] at the time of the invention would have selected and combined those prior art elements in the normal course of research and development to yield the claimed invention”).1 1 All emphasis is added unless noted otherwise.
Pulley 248 is maintained within shroud portion 232 by opposed fastener ring pairs 250 and 252 and functions in cooperation with a mechanism for moving anvil member 56 between an open position and a closed position.”) This configuration is best shown in Green-209’s Figure 28, which is illustrated below.
The Board agreed with this analysis finding that the “Petitioner fails to adequately address how the proposed modification would maintain the functionality of these buttons,” and as a result they “are not persuaded that a skilled artisan would have modified Rothfuss as Petitioner proposes.” ID, 49, 46.
As previously discussed, the I-beam was needed in Green- 695 because its jaws did not have a stable pivot point, which allowed for quick tear down of the stapler but unfortunately resulted in misalignment due to acting forces as soon as the stapling function was activated.
It therefore would have been important to a POSITA that any modifications to McGuckin-760 allow this hollow interior space to remain large enough to contain resected diseased tissue while keeping the overall size of the device small enough to fit intraluminally within the patient.
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IPR2020-00152, No. 13 Response - 2020 07 22 IPR2020 00152 Patent Owner Response (P.T.A.B. Jul. 22, 2020)
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IPR2020-00152, No. 12 Notice of Deposition - IPR2020 00152 Notice of Depo to Dr Bryan Knodel (P.T.A.B. Jun. 15, 2020)
Pursuant to the agreement of counsel, this deposition will take place on June 30, 2020 beginning at 11:00 a.m. Eastern Standard Time.
The deposition will occur remotely by video teleconference, as agreed upon by the parties, before a Notary Public or other officer duly authorized to administer oaths.
The deposition testimony will be recorded by stenographic and/or videographic means, and real time transcription services may be utilized.
Date: June 15, 2020 COOLEY LLP ATTN: Patent Group 1299 Pennsylvania Ave., NW Suite 700 Washington, DC 20004
COOLEY LLP ATTN: Patent Group 1299 Pennsylvania Ave., NW Suite 700 Washington, DC 20004
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IPR2020-00152, No. 12 Notice of Deposition - IPR2020 00152 Notice of Depo to Dr Bryan Knodel (P.T.A.B. Jun. 15, 2020)
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IPR2020-00152, No. 7 Preliminary Response - IPR2020 00152 POPR Rex Medical (P.T.A.B. Feb. 24, 2020)
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IPR2020-00152, No. 7 Preliminary Response - IPR2020 00152 POPR Rex Medical (P.T.A.B. Feb. 24, 2020)
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IPR2020-00152, No. 6 Power of Attorney - IPR2020 00152 PO Power of Attorney (P.T.A.B. Dec. 10, 2019)
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IPR2020-00152, No. 6 Power of Attorney - IPR2020 00152 PO Power of Attorney (P.T.A.B. Dec. 10, 2019)
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IPR2020-00152, No. 5 Mandatory Notice - IPR2020 00152 Patent Owner Mandatory Notice (P.T.A.B. Dec. 10, 2019)
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IPR2020-00152, No. 5 Mandatory Notice - IPR2020 00152 Patent Owner Mandatory Notice (P.T.A.B. Dec. 10, 2019)
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IPR2020-00152, No. 1 Power of Attorney - Petitioners Power of Attorney (P.T.A.B. Nov. 19, 2019)
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IPR2020-00152, No. 1 Power of Attorney - Petitioners Power of Attorney (P.T.A.B. Nov. 19, 2019)
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IPR2020-00152, No. 1027-65 Exhibit - Petitioners Demonstratives (P.T.A.B. Jan. 26, 2021)
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IPR2020-00152, No. 1027-65 Exhibit - Petitioners Demonstratives (P.T.A.B. Jan. 26, 2021)
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IPR2020-00152, No. 2039-66 Exhibit - Ex 2039 Patent Owners Demonstratives (P.T.A.B. Jan. 26, 2021)
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IPR2020-00152, No. 2039-66 Exhibit - Ex 2039 Patent Owners Demonstratives (P.T.A.B. Jan. 26, 2021)
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IPR2020-00152, No. 1026-64 Exhibit - Deposition transcript of Albert Juergens October 1, 2020 (P.T.A.B. Oct. 28, 2020)
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IPR2020-00152, No. 1026-64 Exhibit - Deposition transcript of Albert Juergens October 1, 2020 (P.T.A.B. Oct. 28, 2020)
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IPR2020-00152, No. 1020-58 Exhibit - US Pat No 5,485,947 Olson (P.T.A.B. Oct. 28, 2020)
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IPR2020-00152, No. 1020-58 Exhibit - US Pat No 5,485,947 Olson (P.T.A.B. Oct. 28, 2020)
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