IPR2021-01282
`U.S. Patent No. 10,632,321
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`LUMENIS LTD.,
`
`Petitioner,
`
`v.
`
`BTL HEALTHCARE TECHNOLOGIES A.S.,
`
`Patent Owner.
`
`____________
`
`Case IPR2021-01282
`
`U.S. Patent No. 10,632,321
`
`____________
`
`DECLARATION OF JONATHAN BRADFORD
`IN SUPPORT OF PETITION FOR INTER PARTES REVIEW
`OF UNITED STATES PATENT NO. 10,632,321
`
`LUMENIS EX1060
`Page 1
`
`
`U.S. Patent No. 10,632,321
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`LUMENIS LTD.,
`
`Petitioner,
`
`v.
`
`BTL HEALTHCARE TECHNOLOGIES A.S.,
`
`Patent Owner.
`
`____________
`
`Case IPR2021-01282
`
`U.S. Patent No. 10,632,321
`
`____________
`
`DECLARATION OF JONATHAN BRADFORD
`IN SUPPORT OF PETITION FOR INTER PARTES REVIEW
`OF UNITED STATES PATENT NO. 10,632,321
`
`LUMENIS EX1060
`Page 1
`
`
`
`IPR2021-01282
`U.S. Patent No. 10,632,321
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`1.
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`I, Jonathan Bradford, make the following Declaration pursuant to 28
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`U.S.C. § 1746: I am a Senior IP Paralegal at the law firm of Ropes & Gray LLP.
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`2.
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`I provide this Declaration in connection with the above-identified
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`Inter Partes Review proceeding that is before the United States Patent and
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`Trademark Office (“USPTO”). Unless otherwise stated, the facts stated in this
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`Declaration are based on my personal knowledge.
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`3.
`
`Ex. 1001 is a true and correct copy of U.S. Patent No. 10,632,321
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`which was obtained from the USPTO’s Public Patent Application Information
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`Retrieval (“Public PAIR”) system. This document has been marked with an
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`exhibit label and page numbers on each page at the bottom right corner. However,
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`no alterations, other than these noted markings, have been made to this document.
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`4.
`
`Ex. 1003 is a true and correct copy of Prosecution history of U.S.
`
`Application No. 16/673,683, which led to the issuance of the ‘321 (excerpts) (the
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`“‘683 Application”) which was obtained from the USPTO’s Public Patent
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`Application Information Retrieval (“Public PAIR”) system. This document has
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`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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`5.
`
`Ex. 1004 is a true and correct copy of U.S. Patent Application
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`Publication No. 2015/0165226 (“Simon”) which was obtained from the USPTO’s
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`1
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`LUMENIS EX1060
`Page 2
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`IPR2021-01282
`U.S. Patent No. 10,632,321
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`Public Patent Application Information Retrieval (“Public PAIR”) system. This
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`document has been marked with an exhibit label and page numbers on each page at
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`the bottom right corner. However, no alterations, other than these noted markings,
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`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 Application
`
`Publication No. 2014/0148870 (“Burnett-’870”) which was obtained from the
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`USPTO’s Public Patent Application Information Retrieval (“Public PAIR”)
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`system. This document has been marked with an exhibit label and page numbers
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`on each page at the bottom right corner. However, no alterations, other than these
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`noted markings, have been made to this document.
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`7.
`
`Ex. 1006 is a true and correct copy of Chris Hovey et al., The Guide
`
`To Magnetic Stimulation, Magstim, July 21, 2006 (“Magstim”), which was
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`obtained at my direction. This document includes an affidavit from Internet
`
`Archive. This document has been marked with an exhibit label and page numbers
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`on each page at the bottom right corner. However, no alterations, other than these
`
`noted markings, have been made to this document.
`
`8.
`
`Ex. 1007 is a true and correct copy of U.S. Patent Application
`
`Publication No. US20050216062 (“Herbst”) which was obtained from the
`
`USPTO’s Public Patent Application Information Retrieval (“Public PAIR”)
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`system. This document has been marked with an exhibit label and page numbers
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`2
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`IPR2021-01282
`U.S. Patent No. 10,632,321
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`on each page at the bottom right corner. However, no alterations, other than these
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`noted markings, have been made to this document.
`
`9.
`
`Ex. 1008 is a true and correct copy of U.S. Pat. No. 7,396,326
`
`(“Ghiron”) which was obtained from the USPTO’s Public Patent Application
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`Information Retrieval (“Public PAIR”) system. This document has been marked
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`with an exhibit label and page numbers on each page at the bottom right corner.
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`However, no alterations, other than these noted markings, have been made to this
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`document.
`
`10.
`
`Ex. 1009 is a true and correct copy of U.S. Pat. No. 10,675,819 (“Li”)
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`which was obtained from the USPTO’s Public Patent Application Information
`
`Retrieval (“Public PAIR”) system. This document has been marked with an
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`exhibit label and page numbers on each page at the bottom right corner. However,
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`no alterations, other than these noted markings, have been made to this document.
`
`11.
`
`Ex. 1010 is a true and correct copy of U.S. Pat. Pub. No.
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`2014/0277219A1 (“Nanda”) which was obtained from the USPTO’s Public Patent
`
`Application Information Retrieval (“Public PAIR”) system. This document has
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`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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`3
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`IPR2021-01282
`U.S. Patent No. 10,632,321
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`12.
`
`Ex. 1011 is a true and correct copy of Alain-Yvan Belanger,
`
`Therapeutic Electrophysical Agents, 3d Edition, Wolters Kluwer (2015),
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`Declaration (“Belanger”), which was obtained at my direction. This document
`
`includes a statement from UC San Diego library. This document has been marked
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`with an exhibit label and page numbers on each page at the bottom right corner.
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`However, no alterations, other than these noted markings, have been made to this
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`document.
`
`13.
`
`Ex. 1012 is a true and correct copy of U.S. Pat. Pub. No.
`
`2012/0245483 (“Lundqvist”) which was obtained from the USPTO’s Public Patent
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`Application Information Retrieval (“Public PAIR”) system. This document has
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`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.
`
`14.
`
`Ex. 1013 is a true and correct copy of U.S. Patent Application
`
`Publication No. 2010/0168501 from Application No. 12/508,529 (“Burnett-’529”)
`
`which was obtained from the USPTO’s Public Patent Application Information
`
`Retrieval (“Public PAIR”) system. This document has been marked with an
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`exhibit label and page numbers on each page at the bottom right corner. However,
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`no alterations, other than these noted markings, have been made to this document.
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`IPR2021-01282
`U.S. Patent No. 10,632,321
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`15.
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`Ex. 1014 is a true and correct copy of Gorgey et al., Effects of
`
`Electrical Stimulation Parameters on Fatigue in Skeletal Muscle, J. Orthop. &
`
`Sports Phys. Therapy Vol. 39: 9 (2009) (“Gorgey”), which was obtained at my
`
`direction from https://www.jospt.org/doi/abs/10.2519/jospt.2009.3045. This
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`document has been marked with an exhibit label and page numbers on each page at
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`the bottom right corner. However, no alterations, other than these noted markings,
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`have been made to this document.
`
`16.
`
`Ex. 1015 is a true and correct copy of Stevens et al., Neuromuscular
`
`Electrical Stimulation for Quadriceps Muscle Strengthening After Bilateral Total
`
`Knee Arthroplasty: A Case Series, Journal of Orthopaedic & Sports Physical
`
`Therapy, 34(1):21-29 (2004) (“Stevens”), which was obtained at my direction from
`
`https://www.jospt.org/doi/10.2519/jospt.2004.34.1.21. 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.
`
`17.
`
`Ex. 1016 is a true and correct copy of Doucet et al., Neuromuscular
`
`Electrical Stimulation for Skeletal Muscle Function, Yale Journal of Biology &
`
`Medicine 85:201-215 (2012) (“Doucet”), which was obtained at my direction from
`
`https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3375668/. This document has
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`been marked with an exhibit label and page numbers on each page at the bottom
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`5
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`LUMENIS EX1060
`Page 6
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`IPR2021-01282
`U.S. Patent No. 10,632,321
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`right corner. However, no alterations, other than these noted markings, have been
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`made to this document.
`
`18. Ex. 1017 is a true and correct copy of Abulhasan et al., Peripheral
`
`Electrical and Magnetic Stimulation to Augment Resistance Training, Journal of
`
`Functional Morphology and Kinesiology, 1(3):328-342 (2016) (“Abulhasan”),
`
`which was obtained at my direction from https://www.mdpi.com/2411-
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`5142/1/3/328/htm. 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
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`than these noted markings, have been made to this document.
`
`19. Ex. 1018 is a true and correct copy of Remed, Salus Talent Brochure
`
`(2010) (“Salus”), which was obtained at my direction from
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`http://www.hemaxhealth.com/img/Remed%20-%20Salus%20Talent.pdf. This
`
`document has been marked with an exhibit label and page numbers on each page at
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`the bottom right corner. However, no alterations, other than these noted markings,
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`have been made to this document.
`
`20. Ex. 1019 is a true and correct copy of Iskra Medical, TESLA Stym
`
`Website (2013) (“TESLA Stym”), which was obtained at my direction from
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`https://web.archive.org/web/20131106123126/http:/www.iskramedical.eu:80/magn
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`eto-therapy-medical/tesla-stym. This document has been marked with an exhibit
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`IPR2021-01282
`U.S. Patent No. 10,632,321
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`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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`21. Ex. 1020 is a true and correct copy of 510(k) Summary, No. K163165,
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`AM-100 (2017) (“AM-100”), which was obtained at my direction from
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`https://www.accessdata.fda.gov/cdrh_docs/pdf16/K163165.pdf. This document
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`has been marked with an exhibit label and page numbers on each page at the
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`bottom right corner. However, no alterations, other than these noted markings,
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`have been made to this document.
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`22. Ex. 1021 is a true and correct copy of 510(k) Summary, No. K160992,
`
`HPM-6000 (2016) (“HPM-6000”), which was obtained at my direction from
`
`https://www.accessdata.fda.gov/cdrh_docs/pdf16/K160992.pdf. This document
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`has been marked with an exhibit label and page numbers on each page at the
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`bottom right corner. However, no alterations, other than these noted markings,
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`have been made to this document.
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`23. Ex. 1022 is a true and correct copy of U.S. Pat. Pub. No.
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`2003/0158585 (“Burnett ʼ585”) which was obtained from the USPTO’s Public
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`Patent Application Information Retrieval (“Public PAIR”) system. This document
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`has been marked with an exhibit label and page numbers on each page at the
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`bottom right corner. However, no alterations, other than these noted markings,
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`have been made to this document.
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`24. Ex. 1023 is a true and correct copy of U.S. Provisional Patent
`
`Application Ser. No. 60/848,720 (“Burnett-Provisional-’720”) which was obtained
`
`from the USPTO’s Public Patent Application Information Retrieval (“Public
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`PAIR”) system. 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
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`than these noted markings, have been made to this document.
`
`25. Ex. 1024 is a true and correct copy of U.S. Pat. No. 6,701,185
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`(“Burnett-’185”) which was obtained from the USPTO’s Public Patent Application
`
`Information Retrieval (“Public PAIR”) system. This document has been marked
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`with an exhibit label and page numbers on each page at the bottom right corner.
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`However, no alterations, other than these noted markings, have been made to this
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`document.
`
`26. Ex. 1025 is a true and correct copy of U.S. Pat. Pub. No.
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`2008/0306325 (“Burnett-ʼ325”) which was obtained from the USPTO’s Public
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`Patent Application Information Retrieval (“Public PAIR”) system. This document
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`has been marked with an exhibit label and page numbers on each page at the
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`bottom right corner. However, no alterations, other than these noted markings,
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`have been made to this document.
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`27. Ex. 1026 is a true and correct copy of U.S. Pat. No. 6,155,966
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`(“Parker”) which was obtained from the USPTO’s Public Patent Application
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`8
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`IPR2021-01282
`U.S. Patent No. 10,632,321
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`Information Retrieval (“Public PAIR”) system. This document has been marked
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`with an exhibit label and page numbers on each page at the bottom right corner.
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`However, no alterations, other than these noted markings, have been made to this
`
`document.
`
`28. Ex. 1027 is a true and correct copy of U.S. Pat. No. 5,344,384
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`(“Ostrow”) which was obtained from the USPTO’s Public Patent Application
`
`Information Retrieval (“Public PAIR”) system. This document has been marked
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`with an exhibit label and page numbers on each page at the bottom right corner.
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`However, no alterations, other than these noted markings, have been made to this
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`document.
`
`29. Ex. 1028 is a true and correct copy of Andrey Gennadievich Belyaev,
`
`Effect of Magnetic Stimulation on the Strength Capacity of Skeletal Muscle (2015)
`
`(Ph.D. dissertation, Federal State Budgetary Educational Institution of Higher
`
`Professional Education “Velikiye Luki State Academy of Physical Culture and
`
`Sport”) (English translation) (“Belyaev”), which was obtained at my direction..
`
`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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`30. Ex. 1029 is a true and correct copy of Andrey Gennadievich Belyaev,
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`Effect of Magnetic Stimulation on the Strength Capacity of Skeletal Muscle (2015)
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`9
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`IPR2021-01282
`U.S. Patent No. 10,632,321
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`(Ph.D. dissertation, Federal State Budgetary Educational Institution of Higher
`
`Professional Education “Velikiye Luki State Academy of Physical Culture and
`
`Sport”) (Russian), which was obtained at my direction from
`
`https://search.rsl.ru/ru/record/01007954139. This document has been marked with
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`an exhibit label and page numbers on each page at the bottom right corner.
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`However, no alterations, other than these noted markings, have been made to this
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`document.
`
`31.
`
`Ex. 1030 is a true and correct copy of U.S. Pat. No. 7,024,239
`
`(“George”) which was obtained from the USPTO’s Public Patent Application
`
`Information Retrieval (“Public PAIR”) system. This document has been marked
`
`with an exhibit label and page numbers on each page at the bottom right corner.
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`However, no alterations, other than these noted markings, have been made to this
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`document.
`
`32.
`
`Ex. 1031 is a true and correct copy of U.S. Pat. No. 5,181,902
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`(“Erickson”) which was obtained from the USPTO’s Public Patent Application
`
`Information Retrieval (“Public PAIR”) system. This document has been marked
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`with an exhibit label and page numbers on each page at the bottom right corner.
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`However, no alterations, other than these noted markings, have been made to this
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`document.
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`33. Ex. 1032 is a true and correct copy of U.S. Pat. Pub. No.
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`2006/0199992 (“Eisenberg”) which was obtained from the USPTO’s Public Patent
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`Application Information Retrieval (“Public PAIR”) system. This document 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
`
`made to this document.
`
`34. Ex. 1033 is a true and correct copy of U.S. Pat. No. 5,718,662
`
`(“Jalinous”) which was obtained from the USPTO’s Public Patent Application
`
`Information Retrieval (“Public PAIR”) system. This document has been marked
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`with an exhibit label and page numbers on each page at the bottom right corner.
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`However, no alterations, other than these noted markings, have been made to this
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`document.
`
`35. Ex. 1034 is a true and correct copy of U.S. Pat. No. 5,061,234
`
`(“Chaney”) which was obtained from the USPTO’s Public Patent Application
`
`Information Retrieval (“Public PAIR”) system. This document has been marked
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`with an exhibit label and page numbers on each page at the bottom right corner.
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`However, no alterations, other than these noted markings, have been made to this
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`document.
`
`36. Ex. 1035 is a true and correct copy of U.S. Pat. No. 10,271,900
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`(“Marchitto”) which was obtained from the USPTO’s Public Patent Application
`
`11
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`IPR2021-01282
`U.S. Patent No. 10,632,321
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`Information Retrieval (“Public PAIR”) system. 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 alterations, other than these noted markings, have been made to this
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`document.
`
`37. Ex. 1036 is a true and correct copy of U.S. Pat. Pub. No.
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`2016/0184601 (“Gleich”) which was obtained from the USPTO’s Public Patent
`
`Application Information Retrieval (“Public PAIR”) system. This document has
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`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
`
`made to this document.
`
`38. Ex. 1037 is a true and correct copy of Judith Woehrle et al., Dry
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`Needling and its Use in Health Care – A Treatment Modality and Adjunct for Pain
`
`Management, J. Pain & Relief, 4(5):1-3 (2015) (“Woehrle”), which was obtained
`
`at my direction from
`
`https://www.researchgate.net/publication/282611186_Woehrle_J_Roman_G_Russ
`
`ell_BE_Dry_Needling_and_its_Use_in_Health_Care_-
`
`_A_Treatment_Modality_and_Adjunct_for_Pain_Management_J_Pain_Relief_20
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`15451-3. This document has been marked with an exhibit label and page numbers
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`on each page at the bottom right corner. However, no alterations, other than these
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`noted markings, have been made to this document.
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`39. Ex. 1038 is a true and correct copy of U.S. Patent Publication No.
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`2015/0157873 (“Sokolowski”) which was obtained from the USPTO’s Public
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`Patent Application Information Retrieval (“Public PAIR”) system. This document
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`has been marked with an exhibit label and page numbers on each page at the
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`bottom right corner. However, no alterations, other than these noted markings,
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`have been made to this document.
`
`40. Ex. 1039 is a true and correct copy of U.S. Patent No. 7,744,523
`
`(“Epstein”) which was obtained from the USPTO’s Public Patent Application
`
`Information Retrieval (“Public PAIR”) system. This document has been marked
`
`with an exhibit label and page numbers on each page at the bottom right corner.
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`However, no alterations, other than these noted markings, have been made to this
`
`document.
`
`41. Ex. 1040 is a true and correct copy of U.S. Pat. No. 6,738,667
`
`(“Deno”) which was obtained from the USPTO’s Public Patent Application
`
`Information Retrieval (“Public PAIR”) system. 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.
`
`42. Ex. 1041 is a true and correct copy of U.S. Pat. No. 6,871,099
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`(“Whitehurst”) which was obtained from the USPTO’s Public Patent Application
`
`13
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`IPR2021-01282
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`Information Retrieval (“Public PAIR”) system. 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
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`document.
`
`43. Ex. 1042 is a true and correct copy of U.S. Patent Application
`
`Publication No. US20050075701 (“Shafer-’701”) which was obtained from the
`
`USPTO’s Public Patent Application Information Retrieval (“Public PAIR”)
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`system. This document has been marked with an exhibit label and page numbers
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`on each page at the bottom right corner. However, no alterations, other than these
`
`noted markings, have been made to this document.
`
`44. Ex. 1043 is a true and correct copy of U.S. Patent Application
`
`Publication No. US20050075702 (“Shafer-’702”) which was obtained from the
`
`USPTO’s Public Patent Application Information Retrieval (“Public PAIR”)
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`system. This document has been marked with an exhibit label and page numbers
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`on each page at the bottom right corner. However, no alterations, other than these
`
`noted markings, have been made to this document.
`
`45. Ex. 1044 is a true and correct copy of D. Suarez-Bagnasco et al., The
`
`Excitation Functional for Magnetic Stimulation of Fibers, 32nd Ann. Int’l Conf. of
`
`the IEEE EMBS, 4829–33 (2010) (“Suarez-Bagnasco”), which was obtained at my
`
`direction from https://ieeexplore.ieee.org/document/5627910. This document has
`
`14
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`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
`
`made to this document.
`
`46.
`
`Ex. 1045 is a true and correct copy of Zhi-De Deng et al., Electric
`
`field depth-focality tradeoff in transcranial magnetic stimulation: simulation
`
`comparison of 50 coil designs, Brain Stimulation, 6(1):1-13 (2013) (“Zhi-De-
`
`Deng-Electric”), which was obtained at my direction from
`
`https://pubmed.ncbi.nlm.nih.gov/22483681/. This document has been marked with
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`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
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`document.
`
`47.
`
`Ex. 1046 is a true and correct copy of Zhi-De Deng, Electromagnetic
`
`Field Modeling of Transcranial Electric and Magnetic Stimulation: Targeting,
`
`Individualization, and Safety of Convulsive and Subconvulsive Applications,
`
`(2013) (Ph.D. dissertation, Columbia University) (“Zhi-De-Deng-
`
`Electromagnetic”), which was obtained at my direction from
`
`https://academiccommons.columbia.edu/doi/10.7916/D8F47WCS. 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.
`
`15
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`LUMENIS EX1060
`Page 16
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`
`
`IPR2021-01282
`U.S. Patent No. 10,632,321
`
`48. Ex. 1047 is a true and correct copy of U.S. Patent Application
`
`Publication No. 2011/0190569 (“Simon-ʼ569”) which was obtained from the
`
`USPTO’s Public Patent Application Information Retrieval (“Public PAIR”)
`
`system. 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.
`
`49. Ex. 1048 is a true and correct copy of U.S. Patent Application
`
`Publication No. 2011/0152967 (“Simon-ʼ967”) which was obtained from the
`
`USPTO’s Public Patent Application Information Retrieval (“Public PAIR”)
`
`system. 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.
`
`50. Ex. 1049 is a true and correct copy of U.S. Patent Application
`
`Publication No. 2011/0125203 (“Simon-ʼ203”) which was obtained from the
`
`USPTO’s Public Patent Application Information Retrieval (“Public PAIR”)
`
`system. 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.
`
`51. Ex. 1050 is a true and correct copy of U.S. Patent Application
`
`Publication No. 2011/0046432 (“Simon-ʼ432”), which was obtained at my
`
`16
`
`LUMENIS EX1060
`Page 17
`
`
`
`IPR2021-01282
`U.S. Patent No. 10,632,321
`
`direction. 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.
`
`52. Ex. 1051 is a true and correct copy of U.S. Patent No. 9,089,719
`
`(“Simon-ʼ719”) which was obtained from the USPTO’s Public Patent Application
`
`Information Retrieval (“Public PAIR”) system. 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.
`
`53. Ex. 1052 is a true and correct copy of U.S. Patent No. 9,037,247
`
`(“Simon-ʼ247”) which was obtained from the USPTO’s Public Patent Application
`
`Information Retrieval (“Public PAIR”) system. 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.
`
`54. Ex. 1053 is a true and correct copy of U.S. Patent No. 8,868,177
`
`(“Simon-ʼ177”) which was obtained from the USPTO’s Public Patent Application
`
`Information Retrieval (“Public PAIR”) system. This document has been marked
`
`with an exhibit label and page numbers on each page at the bottom right corner.
`
`17
`
`LUMENIS EX1060
`Page 18
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`
`
`IPR2021-01282
`U.S. Patent No. 10,632,321
`
`However, no alterations, other than these noted markings, have been made to this
`
`document.
`
`55. Ex. 1054 is a true and correct copy of File History of U.S. Patent
`
`Application No. 12/859,568 (excerpts) (“File-history-ʼ568”) which was obtained
`
`from the USPTO’s Public Patent Application Information Retrieval (“Public
`
`PAIR”) system. 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.
`
`56. Ex. 1055 is a true and correct copy of File History of U.S. Patent
`
`Application No. 12/964,050 (excerpts) (“File-history-ʼ050”) which was obtained
`
`from the USPTO’s Public Patent Application Information Retrieval (“Public
`
`PAIR”) system. 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.
`
`57. Ex. 1056 is a true and correct copy of File History of U.S. Patent
`
`Application No. 13/005,005 (excerpts) (“File-history-ʼ005”) which was obtained
`
`from the USPTO’s Public Patent Application Information Retrieval (“Public
`
`PAIR”) system. 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.
`
`18
`
`LUMENIS EX1060
`Page 19
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`
`
`IPR2021-01282
`U.S. Patent No. 10,632,321
`
`58.
`
`Ex. 1057 is a true and correct copy of File History of U.S. Patent
`
`Application No. 13/024,727 (excerpts) (“File-history-ʼ727”) which was obtained
`
`from the USPTO’s Public Patent Application Information Retrieval (“Public
`
`PAIR”) system. 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.
`
`59.
`
`Ex. 1058 is a true and correct copy of Allergan, Inc. et al v. BTL
`
`Medical Technologies SRO et al, PGR2021-00017, Paper 16 (Institution Denial
`
`Decision on §112(f)) (“PGR2021-00017-ID”), which was obtained from the Patent
`
`Trial and Appeal Board End to End (“PTAB E2E”) system. 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.
`
`60.
`
`Ex. 1059 is a true and correct copy of Allergan, Inc. et al v. BTL
`
`Medical Technologies SRO et al, PGR2021-00020 (PTAB, Filed Dec. 14, 2020),
`
`Paper 16 (Institution Denial Decision on §112(f)) (“PGR2021-00020-ID”), which
`
`was obtained from the Patent Trial and Appeal Board End to End (“PTAB E2E”)
`
`system. 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.
`
`19
`
`LUMENIS EX1060
`Page 20
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`
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`IPR2021-01282
`U.S. Patent No. 10,632,321
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`61. Certain pages have been resized to 8.5 x 11 inches. No content was
`
`removed by this resizing.
`
`62.
`
`I hereby declare that all statements made herein of my own
`
`knowledge are true and that all statements made on information and belief are
`
`believed to be true; and further that these statements were made with the
`
`knowledge that willful false statements and the like so made are punishable by fine
`
`or imprisonment, or both, under 18 U.S.C. § 1001. If called to testify as to the
`
`truth of the matters stated herein, I could and would testify competently.
`
`63.
`
`I declare under penalty of perjury that the foregoing is true and
`
`correct.
`
`Executed this 5th day of August, 2021, in Boston, Massachusetts.
`
`
`
`
`/Jonathan Bradford/
`Jonathan Bradford
`ROPES & GRAY LLP
`
`20
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`LUMENIS EX1060
`Page 21
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`
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