Orthopheonix LLC v. Dfine Inc., et al., C.A. Nos. 13-1003 – LPS; 13-1007-LPS; 13-1628-LPS, February 2, 2016.
Stark, C. J. Claim construction opinion issues regarding nineteen terms from six patents. A Markman hearing took place on December 3, 2015.
The disputed technology relates to orthopedic technology. The following terms were considered:
- “Cavity forming structure”
- “Carried by the shaft”
- “Shears cancellous bone in response to rotating the shaft with and about the axis of the cannula”
- “Surfacewhich directly contacts cancellous bone in response to [linear] movement of the shaft along the axis of the cannula" "moving the shaft [linearly along [and not rotating about] the axis of the cannula] to cause the surface [to contact cancellous bone] to form a cavity"
- “Extending the cavity forming structure in situ radically from the shaft” “cavity forming structure [….] adapted to […] be extended in situ radically from the shaft”
- “A cannula having […]an axis establishing a percutaneous path leading into bone”/ “deploying the cannula percutaneously to establish a path leading to inside bone”
- “Resilient material”
- “The cavity forming structure comprises resilient material”
- “Cavity forming structure is adapted to be deployed at an axis that transverses the axis of the shaft”
- “A tool according to [claim 1 or claim 5]”
- “A system according to claim 11”
- “Causing… expandable bodies to assume an expended geometry” “expandable bodies are caused to assume expanded geometries”
- "[First or second] body comprising an expandable wall"
- “A device for insertion into a vertebral body to apply a force …”
- “"The wall including, when inflated, opposed side surfaces and opposed superior and inferior surfaces extending along an elongated longitudinal axis that is substantially aligned with the axis of the catheter"
- "The inflatable body, when inflated within the vertebral body, having ... a height measured between the superior and inferior surfaces of approximately 0.5 cm to 3.5 cm[, an anterior to posterior dimension measured along the elongated axis of approximately 0.5 cm to 3.5 cm, and a side-to-side dimension measured between the opposed side surfaces of approximately 0.5 cm to 3.5 cm]"
- “A void creation device including an expandable structure"
- “The expandable structure having at least one dimension so that changing the expandable structure from the unexpanded configuration to the expanded configuration ... compacts only a first region of the cancellous bone volume substantially without compacting a second region of the cancellous bone volume different form the first cancellous bone volume" I "The expandable structure having at least one dimension so that the expandable structure will assume a predetermined shape and size when substantially expanded that compacts only a first volume of the cancellous bone volume to form a void, leaving a second volume of the cancellous bone volume substantially uncompacted by the expandable structure"