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:

  1. “Cavity forming structure”
  2. “Carried by the shaft”
  3. “Shears cancellous bone in response to rotating the shaft with and about the axis of the cannula”
  4. “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"
  5. “Extending the cavity forming structure in situ radically from the shaft” “cavity forming structure [….] adapted to […] be extended in situ radically from the shaft”
  6. “A cannula having […]an axis establishing a percutaneous path leading into bone”/ “deploying the cannula percutaneously to establish a path leading to inside bone”
  7. “Providing”
  8. “Resilient material”
  9. “The cavity forming structure comprises resilient material”
  10. “Cavity forming structure is adapted to be deployed at an axis that transverses the axis of the shaft”
  11. “A tool according to [claim 1 or claim 5]”
  12. “A system according to claim 11”
  13. “Causing… expandable bodies to assume an expended geometry” “expandable bodies are caused to assume expanded geometries”
  14. "[First or second] body comprising an expandable wall"
  15.  “A device for insertion into a vertebral body to apply a force …”
  16. “"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"
  17. "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]"
  18. “A void creation device including an expandable structure"
  19. “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"  "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"