Page 1
` HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
` PROTECTIVE ORDER MATERIAL
`
` UNITED STATES PATENT AND TRADEMARK OFFICE
` _________________________
`
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
` _________________________
`
`AXONICS, INC.,
`
` Petitioner,
`
`v.
`
`MEDTRONIC, INC.,
`Patent Owner.
` _________________________
` IPR2020-00680 (Patent 8,457,758 B2)
` IPR2020-00712 (Patent 8,738,148 B2)ยน
` _________________________
` VIDEOCONFERENCE DEPOSITION OF
` RICHARD T. MIHRAN, PH.D.
`
` Taken on Behalf of the Petitioner
`
` DATE TAKEN: Tuesday, November 14, 2023
` TIME: 10:04 a.m. to 3:35 p.m.
` PLACE: Remote via Zoom
` Taken before Darline Marie West, RPR, FPR,
`FPR-C, and Notary Public, in and for the State of
`Florida-at-Large, pursuant to Notice of Taking
`Deposition filed in the above cause.
` MAGNA LITIGATION SERVICES
` www.MagnaLS.com
` 866.621.6224
`
`Axonics Exhibit 1020
`Axonics, Inc. v. Medtronic, Inc.
`IPR2020-00712
`
`Page 1 of 230
`
`
` HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
` PROTECTIVE ORDER MATERIAL
`
` UNITED STATES PATENT AND TRADEMARK OFFICE
` _________________________
`
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
` _________________________
`
`AXONICS, INC.,
`
` Petitioner,
`
`v.
`
`MEDTRONIC, INC.,
`Patent Owner.
` _________________________
` IPR2020-00680 (Patent 8,457,758 B2)
` IPR2020-00712 (Patent 8,738,148 B2)ยน
` _________________________
` VIDEOCONFERENCE DEPOSITION OF
` RICHARD T. MIHRAN, PH.D.
`
` Taken on Behalf of the Petitioner
`
` DATE TAKEN: Tuesday, November 14, 2023
` TIME: 10:04 a.m. to 3:35 p.m.
` PLACE: Remote via Zoom
` Taken before Darline Marie West, RPR, FPR,
`FPR-C, and Notary Public, in and for the State of
`Florida-at-Large, pursuant to Notice of Taking
`Deposition filed in the above cause.
` MAGNA LITIGATION SERVICES
` www.MagnaLS.com
` 866.621.6224
`
`Axonics Exhibit 1020
`Axonics, Inc. v. Medtronic, Inc.
`IPR2020-00712
`
`Page 1 of 230
`
`
`
`Page 2
`APPEARANCES: (All persons appearing via Zoom.)
`On behalf of the Petitioner:
` TENSEGRITY LAW GROUP
` 8260 Greensboro Drive, Suite 260
` McLean, Virginia 22102
` Phone: 703.940.5033
` Email:
` Samantha.jameson@tensegritylawgroup.com
` Aaron.nathan@tensegritylawgroup.com
` By: SAMANTHA A. JAMESON, ESQ.
` AARON NATHAN, ESQ.
`
`On behalf of the Patent Owner:
` PAUL HASTINGS LLP
` 600 Travis Street 58th Floor
` Houston, Texas 77002
` Phone: 713.860.7353
` Email: Paulanderson@paulhastings.com
` By: PAUL ANDERSON, ESQ.
` QUADEER A. AHMED, ESQ.
` (Washington D.C. office)
`
` - - -
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`
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` I N D E X
`WITNESS: PAGE:
`RICHARD T. MIHRAN, Ph.D.
`DIRECT EXAMINATION 5
`BY MS. JAMESON:
`
`Page 3
`
` - - -
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` E X H I B I T S
`
` - - -
`
` Description Page
`Mihran Deposition Dr. Mihran's Rebuttal 20
`Exhibit 1 Declaration for '758
`
`Mihran Deposition Dr. Mihran's Rebuttal 20
`Exhibit 2 Declaration for '148
`Richard Mihran, Ph.D. Schulman reference, 22
`Deposition Exhibit 3 Patent 3,942,535
`
`Richard Mihran, Ph.D. Highly Confidential - 113
`Deposition Exhibit 4 For Attorneys' Eyes
` Only - Source Code -
` Supplemental Expert
` Report of Dr. Richard
` T. Mihran, December
` 22, 2022
`
`Mihran Deposition Highly Confidential - 115
`Exhibit 5 For Attorneys' Eyes
` Only - Excerpt of Dr.
` Mirhan's report from
` the district court
` litigation
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`Page 4
`Richard Mihran, Ph.D. Highly Confidential - 118
`Deposition Exhibit 6 For Attorneys' Eyes
` Only - Excerpt of Dr.
` Mihran's Supplemental
` Expert Report from
` the district court
` case
`
` - - -
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`Page 5
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` P R O C E E D I N G S
`
` - - -
`
` THE COURT REPORTER: Dr. Mihran, raise
`
` your right hand, please.
`
` Do you swear or affirm to tell the
`
` truth, the whole truth, and nothing but the
`
` truth?
`
` THE WITNESS: I do.
`
` THE COURT REPORTER: Thank you. 00:00:26
`
` Ms. Jameson. 00:00:28
`
`THEREUPON, 00:00:28
`
` RICHARD T. MIHRAN, Ph.D., 00:00:28
`
`called as a witness on behalf of the Petitioner 00:00:28
`
`herein, having been remotely first duly sworn, was 00:00:28
`
`examined and testified as follows: 00:00:28
`
` DIRECT EXAMINATION 00:00:28
`
`BY MS. JAMESON: 00:00:28
`
` Q. Good morning, Dr. Mihran. 00:00:32
`
` A. Good morning. 00:00:35
`
` Q. Could you please state your full name for 00:00:36
`
`the record. 00:00:38
`
` A. Richard Theodore Mihran. 00:00:38
`
` Q. And where are you testifying from today? 00:00:43
`
` A. I'm testifying from my second home in 00:00:45
`
`Destin, Florida. 00:00:49
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`Page 6
` Q. And is there anyone in the room with you 00:00:51
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`today? 00:00:53
`
` A. No. 00:00:55
`
` Q. How much time did you spend preparing for 00:00:57
`
`your deposition between October 31st and today? 00:01:06
`
` A. My recollection is that October 31st 00:01:13
`
`corresponds to the date of the submission of the 00:01:16
`
`rebuttal declarations; is that correct? 00:01:19
`
` Q. That is -- that is correct. And I can show 00:01:21
`
`you those declarations. 00:01:27
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` A. No. That's -- that's fine. 00:01:29
`
` I believe I had perhaps a couple of calls 00:01:33
`
`with the attorneys in the week following, and a 00:01:37
`
`meeting yesterday as well. Those probably totaled 00:01:48
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`between six and eight hours, something on that order. 00:01:58
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`And of course, I also spent some time reviewing the 00:02:03
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`documents, but much of that had already been done as 00:02:08
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`part of my preparation of the rebuttal declarations 00:02:12
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`themselves. 00:02:15
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` Q. And who was in the -- in the meetings or on 00:02:16
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`the calls that you had with the attorneys? 00:02:22
`
` A. I believe the -- the calls last week were 00:02:25
`
`with Mr. Anderson, Paul Anderson, and the call this 00:02:28
`
`week were both Mr. Anderson and Mr. Ahmed. 00:02:36
`
` Q. And Mr. Anderson and Mr. Ahmed are both 00:02:41
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`Page 6 of 230
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`
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`Page 7
`virtually in the deposition today, correct? 00:02:46
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` A. That's correct. Yes. 00:02:48
`
` MS. JAMESON: And also just note for 00:02:50
`
` the record that -- that Aaron Nathan of 00:02:51
`
` Tensegrity also representing Axonics is in 00:02:55
`
` the deposition as well. 00:02:59
`
`BY MS. JAMESON: 00:02:59
`
` Q. What materials did you review as you were 00:03:04
`
`preparing for your deposition today? 00:03:07
`
` A. Well, primarily the rebuttal declarations 00:03:12
`
`themselves that -- that I had submitted, as well as 00:03:17
`
`portions of Dr. Panescu's supplemental declarations 00:03:20
`
`that I was addressing in my declarations, my recent 00:03:27
`
`declarations, and the prior art referenced that I 00:03:32
`
`addressed, which is the Schulman '535 patent as well 00:03:41
`
`as the Fischell article. 00:03:45
`
` Q. All right. And before we get much further 00:04:10
`
`into it, I'll just go through some just preliminary 00:04:12
`
`matters. 00:04:16
`
` And I want to confirm that there's nothing 00:04:16
`
`that's gonna prevent you from giving complete and 00:04:18
`
`accurate testimony today? 00:04:22
`
` A. Okay. 00:04:23
`
` Q. That's a confirmation that there's nothing 00:04:27
`
`preventing you from giving complete and accurate 00:04:33
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`Page 8
`testimony? 00:04:35
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` A. That's correct. There is nothing that will 00:04:38
`
`prevent that. 00:04:39
`
` Q. And you understand that you're testifying 00:04:40
`
`under oath? 00:04:41
`
` A. Yes. 00:04:42
`
` Q. And you're testifying as if you were 00:04:42
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`testifying before the judges of the PTAB today? 00:04:46
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` A. That's my understanding, yes. 00:04:48
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` Q. And so you're gonna need to give answers 00:04:51
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`that are verbal and oral. That means no nods, no 00:04:52
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`gestures, no sounds that are not words. 00:04:56
`
` Do you understand that? 00:04:58
`
` A. I do. 00:05:00
`
` Q. And if you answer my questions, I'm going 00:05:00
`
`to assume that you understood them. 00:05:02
`
` A. I understand that as well. 00:05:04
`
` Q. If we -- and we're gonna take breaks 00:05:06
`
`periodically, but if there's a question pending, I'm 00:05:10
`
`gonna ask you to answer it before we take a break. 00:05:13
`
` A. I understand that. 00:05:15
`
` Q. Okay. And I understand that you offered 00:05:16
`
`opinions in the district court on behalf of Medtronic 00:05:19
`
`as well; is that correct? 00:05:25
`
` A. In the related litigation, that is correct, 00:05:27
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`Page 8 of 230
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`Page 9
`yes. 00:05:29
`
` Q. And that related litigation relates to the 00:05:30
`
`'756 and the '148 patent? 00:05:34
`
` A. Did you say '756 -- 5-6? 00:05:46
`
` Q. '758. 00:05:53
`
` A. '758, that's correct. '758 and '148. 00:05:55
`
` Q. Were there some materials that you have 00:05:57
`
`with you that you are looking at? 00:05:59
`
` A. I have hard copies of the patents and my 00:06:00
`
`declarations. And I'm happy to just kind of review 00:06:08
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`with you what those are now or whenever you would 00:06:11
`
`like me to. 00:06:14
`
` Q. Let's do that now. 00:06:15
`
` Can you just identify what the materials 00:06:17
`
`are that you have with you in hard copy? 00:06:19
`
` A. Yes. And I will just state that all of 00:06:22
`
`these are unmarked copies, clean copies. They have 00:06:25
`
`no notes or markings of any kind. So I have my 00:06:29
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`rebuttal declaration for the '758, my rebuttal 00:06:33
`
`declaration for the '148 patent. I also have my 00:06:37
`
`original opening declaration for the '758 and the 00:06:46
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`'148. I have the Schulman '535 prior art reference 00:06:51
`
`that I address in my -- 00:06:51
`
` (Reporter clarification.) 00:06:51
`
` THE WITNESS: The word is Schulman. 00:06:51
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`Page 9 of 230
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`Page 10
` S-C-H-U-L-M-A-N. 00:06:51
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` Schulman '535 patent, which is one of 00:07:14
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` the prior art references that I address in 00:07:15
`
` my rebuttal declarations. I have the 00:07:17
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` Fischell article, which is the second prior 00:07:25
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` art reference I address in my rebuttal 00:07:30
`
` declaration. I have a copy of the '758 00:07:33
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` patent itself, a copy of the '148 patent 00:07:37
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` itself, and then I have Dr. Panescu's -- 00:07:43
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` what I'm referring to as supplemental 00:07:50
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` declarations that he submitted for the '758 00:07:52
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` and '148 that I respond to in my rebuttal 00:07:58
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` declarations. And that's everything I have. 00:08:02
`
`BY MS. JAMESON: 00:08:05
`
` Q. And all of the declarations that you're 00:08:05
`
`referring to, both of yours and Dr. Panescu's, those 00:08:09
`
`are all from the IPR proceedings that you are 00:08:15
`
`testifying in today, correct? 00:08:18
`
` A. Yes, that is correct. 00:08:21
`
` Q. In district court in the related 00:08:25
`
`proceedings, you offered opinions on infringement of 00:08:30
`
`the '758 and '148 patents, correct? 00:08:37
`
` A. That's correct, yes. 00:08:39
`
` Q. Did you review those opinions in preparing 00:08:40
`
`your supplemental declarations that were served on 00:08:43
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`Page 10 of 230
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`
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`Page 11
`October 31st? 00:08:47
`
` A. No. I'm aware of those opinions and the -- 00:08:49
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`the bases of those opinions. 00:08:52
`
` Q. When was the last time you reviewed those 00:08:57
`
`opinions? 00:09:00
`
` A. Oh, I think at some point, there was an 00:09:04
`
`expectation that the trial in the district court 00:09:09
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`matter would go forward in -- in August of this year, 00:09:13
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`and certainly I was reviewing materials, including 00:09:18
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`that report, in advance of that. And I don't recall 00:09:23
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`the exact dates when the stay was issued, but it 00:09:35
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`would have been in that timeframe. 00:09:38
`
` Q. When did you prepare your opinions in your 00:09:41
`
`supplemental declaration? 00:09:49
`
` A. So when you refer to "supplemental 00:09:55
`
`declaration," you're referring to what I believe is 00:09:57
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`titled the "Rebuttal Declaration," the recent 00:10:02
`
`submissions? 00:10:06
`
` Q. The -- the rebuttal declarations that were 00:10:08
`
`filed on October 1st. 00:10:13
`
` A. So, I'm sorry. Your question was what 00:10:15
`
`again? Could you please repeat it? 00:10:17
`
` Q. When did you prepare your opinions in your 00:10:19
`
`rebuttal declarations? 00:10:21
`
` A. Well, this was, of course, a process that 00:10:28
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`Page 11 of 230
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`
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`Page 12
`began after I was informed of the three-man decision 00:10:31
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`to consider the opinions that Dr. Panescu had put 00:10:43
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`forth in his supplemental declarations. So I would 00:10:48
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`believe this probably would have begun in the 00:10:53
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`September timeframe, sometime after that remand issue 00:10:59
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`was issued. So it would have been the September, 00:11:09
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`October timeframe, prior to the submission of those 00:11:11
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`rebuttal declarations. 00:11:14
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` Q. Did you review your district court opinions 00:11:24
`
`in preparation for testifying today? 00:11:26
`
` A. No. As I said, I'm familiar with the sort 00:11:31
`
`of general opinions and the relevant values and 00:11:33
`
`physical sort of the parameters and things that I 00:11:45
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`addressed in that litigation. And those opinions are 00:11:51
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`directed to a very specific current-day product, the 00:11:55
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`Axonics system. And so it wasn't really necessary or 00:11:59
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`relevant to my opinions as to what is disclosed in 00:12:05
`
`Schulman and Fischell prior art references. 00:12:11
`
` Q. And so I'm just going to caution you that 00:12:17
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`I'm not asking questions that are going to require 00:12:19
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`you to reveal confidential information regarding the 00:12:23
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`Axonics products. 00:12:28
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` A. Okay. 00:12:29
`
` Q. And I just want to warn you not to reveal 00:12:30
`
`that confidential information in this deposition 00:12:32
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`Page 13
`today. 00:12:36
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` A. Okay. Well, to the extent that the topic 00:12:37
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`arises, I will certainly broach it carefully and not 00:12:40
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`reveal anything that would not be considered 00:12:49
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`confidential. 00:12:52
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` Q. Did you discuss your district court 00:12:59
`
`opinions with your lawyers in these IPRs? 00:13:08
`
` A. No. My understanding is that the lawyers 00:13:13
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`on the IPRs are not participating in the district 00:13:15
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`court litigation, and that I needed to maintain 00:13:21
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`confidentiality effectively. 00:13:28
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` Q. So you did not review your opinions in the 00:13:37
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`district court case to ensure that they are 00:13:39
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`consistent with the opinions that you're offering 00:13:42
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`here, correct? 00:13:44
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` A. I have no basis to believe they're not 00:13:46
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`consistent. I believe they are consistent based on 00:13:47
`
`my recollection of those opinions. 00:13:50
`
` Q. And you didn't review any positions that 00:13:58
`
`Medtronic has taken in the district court to make 00:14:01
`
`sure they're consistent with the positions that you 00:14:04
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`and Medtronic are taking here, correct? 00:14:07
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` A. I didn't review, as part of this 00:14:10
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`preparation, any Medtronic positions. I didn't feel 00:14:12
`
`they were relevant to what is or is not disclosed in 00:14:15
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`Page 14
`the Schulman and Fischell prior art references. 00:14:21
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` Q. Did you feel that those positions were not 00:14:25
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`relevant to what falls inside or outside of the claim 00:14:55
`
`scope? 00:14:58
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` MR. ANDERSON: Objection. Form. 00:15:01
`
` THE WITNESS: May I hear the question 00:15:03
`
` again, please? 00:15:05
`
`BY MS. JAMESON: 00:15:06
`
` Q. Did you feel that those positions were not 00:15:06
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`relevant to what falls inside or outside of the claim 00:15:08
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`scope? 00:15:11
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` A. So certainly at the time that those 00:15:14
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`opinions were -- were generated by me and reflected 00:15:16
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`in my expert work, of course, I considered whether 00:15:25
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`those opinions are -- would be consistent or within 00:15:29
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`the claim scope. I'm not aware of and I don't 00:15:32
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`believe there is any inconsistency between the 00:15:38
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`application of claim scope that I understand and 00:15:43
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`applied in my rebuttal declarations in this IPR with 00:15:48
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`any of the positions or opinions that I set forth in 00:15:55
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`the district court litigation. 00:16:00
`
` Q. But you didn't check, when you were 00:16:06
`
`preparing your October 31st declarations, that they 00:16:08
`
`were consistent with your opinions in the district 00:16:12
`
`court, and you didn't do anything to confirm that, 00:16:14
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`Page 14 of 230
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`Page 15
`correct? 00:16:16
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` A. I am very well aware -- 00:16:17
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` MR. ANDERSON: Objection. Form. 00:16:30
`
` (A discussion was held off the record with 00:16:30
`
`the court reporter.) 00:16:30
`
` THE WITNESS: So I'm very well aware 00:16:37
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` of, for example, the electrical parameters 00:16:39
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` and values that I identified in the district 00:16:43
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` court litigation as satisfying claim 00:16:48
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` limitations, and it was not necessary for me 00:16:53
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` to go back and review my expert report in -- 00:16:57
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` in detail in that sense. And it's not a 00:17:02
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` question of I don't know whether they are or 00:17:06
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` are not consistent. I know that they are 00:17:09
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` consistent, because I am quite familiar with 00:17:12
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` and well aware of which types of 00:17:17
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` measurements and values were identified in 00:17:23
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` the district court litigation as satisfying 00:17:28
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` the requirements of the claims and, in 00:17:31
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` particular, the two wherein clauses of the 00:17:34
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` claims, and they are not inconsistent with 00:17:39
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` my opinions, as reflected in these rebuttal 00:17:41
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` declarations submitted as part of this IPR. 00:17:46
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`BY MS. JAMESON: 00:17:50
`
` Q. I just want a clear record for the Board. 00:17:53
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`Page 15 of 230
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`Page 16
` You didn't review any of the your district 00:17:56
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`court materials or Medtronic's to confirm that they 00:18:02
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`are consistent with your opinions here? 00:18:04
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` A. When you say "review," I understand that to 00:18:06
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`mean pulling out documents and reviewing the -- the 00:18:08
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`specific documents. I'm aware of exactly what 00:18:14
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`parameters and what values I identified in the expert 00:18:19
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`report as they pertain to the claims that are at 00:18:24
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`issue in this IPR. And that specifically is directed 00:18:31
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`to -- to inputs that are required to be provided to 00:18:40
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`the external power source as satisfying the wherein 00:18:45
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`limitations of the claim, the multiple input claims. 00:18:53
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` So I reviewed it in the sense that I know 00:18:56
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`what I said and I know what positions I took, and I 00:18:59
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`know what value I identified, and I see no 00:19:03
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`inconsistency at all between the approach I took in 00:19:09
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`the district court litigation and the approach that I 00:19:14
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`took in these rebuttal declarations that address 00:19:17
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`prior art references. 00:19:23
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` Q. Now, you didn't review, though, those 00:19:28
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`district court materials for your opinions or 00:19:32
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`Medtronic's position, correct? 00:19:37
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` MR. ANDERSON: Objection. Form. 00:19:40
`
` THE WITNESS: Again, there's a very 00:19:44
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` limited set of issues that are being 00:19:46
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`Page 16 of 230
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`
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`Page 17
` addressed in this remand of the IPR, to my 00:19:50
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` understanding. And my understanding is that 00:19:55
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` it is a question of whether the Schulman 00:19:57
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` '535 reference or the Fischell article 00:20:04
`
` disclose more than one input to the external 00:20:10
`
` power source used to vary the power during 00:20:15
`
` recharging. 00:20:19
`
` And that analysis is, frankly, quite 00:20:23
`
` simple and quite clear, because they 00:20:26
`
` don't -- they only disclose one input, which 00:20:29
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` was my original opinion and reiterated in 00:20:32
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` these rebuttal declarations. And the types 00:20:35
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` of inputs that I know and knew, I identified 00:20:45
`
` in the district court litigation. 00:20:53
`
` While I won't talk about what those 00:20:58
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` inputs are in view of your -- your caution 00:21:00
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` to me earlier, I considered and confirmed, 00:21:02
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` in my mind, that these were separate inputs 00:21:06
`
` to the external charger used to vary the 00:21:12
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` power during charging. 00:21:21
`
` And so there was no inconsistency, in 00:21:25
`
` my view. And I didn't really need to 00:21:31
`
` consider it further. 00:21:36
`
`BY MS. JAMESON: 00:21:41
`
` Q. And so what you're testifying about your 00:21:43
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`Page 17 of 230
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`
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`Page 18
`knowledge of the district court case, that is all 00:21:45
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`from memory, and you're not looking at any district 00:21:48
`
`court documents? 00:21:51
`
` A. Well, again, I'll remind you, I've been 00:21:52
`
`looking at district court documents in that 00:21:55
`
`July-August timeframe, not that long ago, when I had 00:21:58
`
`understood we would be going to trial. So I was 00:22:02
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`quite familiar with what values I had identified in 00:22:10
`
`the implantable device that were telemetered -- 00:22:16
`
` THE COURT REPORTER: I'm sorry, Doctor. 00:22:16
`
` "That were"? 00:22:16
`
` THE WITNESS: I was saying, I believe 00:22:28
`
` what values were telemetered, 00:22:29
`
` T-E-L-E-M-E-T-E-R-E-D -- derived from 00:22:35
`
` telemetry. 00:22:42
`
` -- set to the external device and used 00:22:43
`
` to vary the -- used automatically to vary 00:22:47
`
` the -- the charging power. 00:22:57
`
` So I was not concerned and am not 00:23:05
`
` concerned with any inconsistency in those 00:23:08
`
` positions. There is none. They're fully 00:23:11
`
` consistent with the approach I have taken in 00:23:15
`
` the rebuttal declarations. 00:23:17
`
`BY MS. JAMESON: 00:23:20
`
` Q. When you were actually doing your 00:23:20
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`Page 18 of 230
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`
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`Page 19
`October 31st declarations, you didn't make use of 00:23:22
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`district court documents outside of your memory at 00:23:27
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`the time of those documents; is that accurate or not? 00:23:30
`
` A. I didn't make use of those documents really 00:23:33
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`in any way, because they were not relevant to what is 00:23:38
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`or is not disclosed in prior art. 00:23:42
`
` I think your earlier question was did I 00:23:44
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`review documents for inconsistencies. And I had no 00:23:49
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`concern that there were inconsistencies, because I -- 00:23:53
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`what I believe to be a clear view on what is required 00:23:58
`
`in these claim and, in particular, these two input 00:24:10
`
`claim limitations. And we have guidance from the 00:24:14
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`Patent Board on the claim construction or how one 00:24:21
`
`would understand those claims, which I did rely on, 00:24:27
`
`which is that those claims require two separate 00:24:33
`
`inputs to the external power source or charging 00:24:38
`
`system that are used to vary the power. 00:24:44
`
` So what or how any later specific 00:24:54
`
`commercial system might operate really isn't relevant 00:25:01
`
`to the question of what is disclosed in the two prior 00:25:06
`
`art references, what isn't disclosed. And I have no 00:25:11
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`reservation at all that I was not being consistent in 00:25:18
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`the way that I applied the -- the claims to either 00:25:24
`
`the prior art or the Axonics system. 00:25:33
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` MS. JAMESON: I am going to mark for 00:25:48
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`Page 19 of 230
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`Page 20
` the record, so that we have it in the 00:25:49
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` deposition, your rebuttal declarations. 00:25:51
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` So I am first going to mark your 00:26:07
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` rebuttal declaration related to the '758 00:26:12
`
` patent, and then I'm also going to mark for 00:26:17
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` the record your declaration on the '148 00:26:19
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` patent, and that will be Exhibits 1 and 2. 00:26:36
`
` (Mihran Deposition Exhibit 1, Dr. Mihran's
`
`Rebuttal Declaration for '758, was marked for
`
`identification.)
`
` (Mihran Deposition Exhibit 2, Dr. Mihran's
`
`Rebuttal Declaration for '148, was marked for
`
`identification.) 00:26:40
`
`BY MS. JAMESON: 00:26:40
`
` Q. Are you able to see those in AgileLaw? 00:26:41
`
` A. Let me look. I do have the hard copies, 00:26:43
`
`but let me just confirm. 00:26:46
`
` Q. You can -- you can use the hard copies. 00:26:47
`
` I do want to confirm that the documents we 00:26:50
`
`marked are your October 31st declarations. 00:26:52
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` A. Would you like me to open them and review 00:26:56
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`them for that purpose? 00:26:57
`
` Q. Yes, please. Please take a look and 00:26:58
`
`confirm they're your rebuttal declarations. 00:27:01
`
` A. So I'm opening Document 1, which appears to 00:27:05
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`Page 20 of 230
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`Page 21
`be my rebuttal declaration directed to the '758 00:27:13
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`patent. That does appear to be the declaration -- 00:27:19
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`the rebuttal declaration filed on October 31st for 00:27:37
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`the '758. The document -- 00:27:41
`
` Q. Go ahead. 00:27:48
`
` A. I'm sorry. I'm just looking at Exhibit 2 00:27:50
`
`now, the second one. And this does appear to be the 00:27:53
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`document that I submitted as my rebuttal declaration 00:28:14
`
`for the '148. 00:28:17
`
` Q. Do you agree that in the Schulman reference 00:28:29
`
`there is a vo
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