`HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY – SOURCE CODE
`
`UNITED STATES DISTRICT COURT
`FOR THE CENTRAL DISTRICT OF CALIFORNIA
`
`Case No. 8:19-cv-02115-DOC-JDE
`
`Judge: Hon. David O. Carter
`Magistrate Judge: Hon. John D. Early
`Complaint Filed: November 4, 2019
`
`MEDTRONIC, INC.; MEDTRONIC
`PUERTO RICO OPERATIONS
`CO.; MEDTRONIC LOGISTICS,
`LLC; MEDTRONIC USA, INC.,
`
`
`Plaintiffs,
`
`v.
`AXONICS MODULATION
`TECHNOLOGIES, INC.,
`
`
`Defendant.
`
`
`EXPERT REPORT OF RICHARD T. MIHRAN, PH.D.
`
`
`
`
`
`
`EXHIBIT
`Mihran 5
`
`Axonics Exhibit 1022
`Axonics, Inc. v. Medtronic, Inc.
`IPR2020-00712
`
`Page 1 of 9
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`
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`HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY – SOURCE CODE
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`94.
`
`The
`
` that I described above is
`
`. Similarly, the value
`
`.
`
`95.
`
`As shown above,
`
`
`
`
`
`
`
`
`
`
`
` seen on AX000439 (excerpted below), which corresponds to
`
`the
`
`, as described further below. (AX0048868.)
`
`
`
`36
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`Page 2 of 9
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`HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY – SOURCE CODE
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` These values are
`
`
`
`(AX-SC0000099 (
`
`) at lines 792–803.)
`
`103. The constants above,
`
`, are defined as
`
`the same
`
` discussed above,
`
` respectively:
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(AX-SC0000082
`
`) at lines 61–77.)
`
`104. The function,
`
` is defined in the file
`
` at lines 723-735. AX-
`
`SC0000088.
`
`
`
`105.
`
`
`
`
`
`
`(AX-SC0000098–099.)
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`39
`
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`Page 3 of 9
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`HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY – SOURCE CODE
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`
`
`
`
`
`
`
`
`) at lines 39, 29, 30, 40, 41 (respectively); AX-
`(See AX-SC0000048 (
`SC0000070 (
`) at lines 24, 21 (respectively).)
`
`379. To determine whether to
`
`
`
` has logic to call
`
`function
`
`053;
`
`, along with other conditions. (See AX-SC0000051–
`
`at line 391.)
`
`380.
`
` Second,
`
`function
`
`
`
`
`
`. See
`
`AX-SC0000055 (
`
`provided below.
`
`) at lines 578–613. The relevant source code is
`
`153
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`Page 4 of 9
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`HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY – SOURCE CODE
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`(CD Software Design Description (SDD), Attachment-1 (AX0912833) at AX0913219–3220.
`
`381. As
`
`shown
`
`in
`
`the
`
`produced
`
`source
`
`code
`
`above,
`
`(line 588), which
`
` calls a separate function,
`
` (AX-SC0000080–081 (
`
`) at lines 121–167.)
`
`382. Function
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(See AX-SC0000055 (
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`383.
`
`
`
`
`
`
`
`
`
`
`
`) at lines 578-613.)
`
` (lines 29–31) shows the
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`154
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`Page 5 of 9
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`HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY – SOURCE CODE
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` In the CD,
`
` include those
`
`
`
`
`
`
`
`
`
` Id.
`
`508. An excerpt of an Excel log file created using
`
` and illustrating a number of
`
`these parameters with corresponding values is shown below:
`
`(See, e.g.,
`
` (produced natively by Axonics).)
`
`509.
`
`In the testing presents below, the CD and IPG were
`
`. Using
`
` to
`
`conditions,
`
`above.
`
` This results in the
`
`
`
`
`
`
`
`. Under these
`
`
`
`, as described
`
`510.
`
`I plotted data from the resulting log file showing recorded values of
`
`, and
`
`data is shown below:
`
`,
`
`211
`
`
`
`,
`
`
`
`). This
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`Page 6 of 9
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`HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY – SOURCE CODE
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`1098. For
`
`example,
`
`
`
`in
`
`the
`
`function
`
`
`
`
`
`. See
`
` at AX0913388:
`
`
`
`
`
`
`
`
`
`
`
`1099. The
`
`.
`
`1100. The tables and data that
`
`
`
`ll.
`
`90-134.
`
`
`
`Specifically,
`
`the
`
`function
`
` See
`
`CD SDD V84 (Document Number 102-0027, Rev. C), AX0912833 at 3061:
`
`1101. The comments for this code state that the purpose of this function is to
`
`
`
` CD SDD V84 (Document Number 102-0027),
`
`AX0912833 at 3389.
`
`, including a
`
`
`
`455
`
`Page 7 of 9
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`HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY – SOURCE CODE
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`SDD V84 (Document Number 102-0027, Rev. C), AX0912833 at 3389:
`
`1102.
`
`
`
` See CD
`
`
`
`
`
`
`
`
`
`See
`
`also
`
`
`
`at
`
`ll.
`
`1139-1178,
`
`628-789
`
`1019-1030
`
`, 1006-1017
`
`.
`
`1103. The r-SNM system infringes this limitation under the doctrine of equivalents.
`
`1104.
`
`1105.
`
`
`
` This can be demonstrated by a number of different observations.
`
`456
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`,
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`Page 8 of 9
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`HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY – SOURCE CODE
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`
`
`Dr. Richard T. Mihran
`
`
`
`
`
`
`
`
`
`
`
`
`
`November 7, 2022
`
`Date
`
`
`
`
`
`925
`
`Page 9 of 9
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`
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