Luke L. Dauchot (S.B.N. 229829)
`luke.dauchot@kirkland.com
`Alexander F. MacKinnon (S.B.N. 146883)
`alexander.mackinnon@kirkland.com
`Nimalka R. Wickramasekera (S.B.N. 268518)
`nimalka.wickramasekera@kirkland.com
`Kirkland & Ellis LLP
`333 South Hope Street
`Los Angeles, California 90071
`Telephone: (213) 680-8400
`Facsimile: (213) 680-8500
`
`Attorneys for Plaintiffs/Counterclaim Defendants,
`WARSAW ORTHOPEDIC, INC.; MEDTRONIC
`SOFAMOR DANEK U.S.A., INC.; MEDTRONIC
`PUERTO RICO OPERATIONS CO.; OSTEOTECH,
`INC.; MEDTRONIC, INC.; and MEDTRONIC
`SOFAMOR DANEK DEGGENDORF, GMBH
`
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF CALIFORNIA
`WARSAW ORTHOPEDIC, INC.;
`CASE NO. 3:12-cv-02738-CAB (MDD)
`MEDTRONIC SOFAMOR DANEK
`
`
`U.S.A., INC.; MEDTRONIC PUERTO
`PLAINTIFFS’ DISCLOSURE OF
`RICO OPERATIONS CO.; and
`ASSERTED CLAIMS AND
`OSTEOTECH, INC.,
`INFRINGEMENT CONTENTIONS
`RE U.S. PATENT NO. 8,444,696
`Plaintiffs,
`
`
`
`
`vs.
`NUVASIVE, INC.,
`Defendant.
`AND RELATED COUNTERCLAIMS.
`
`
`))))))))))))
`
`))
`
`
`PLAINTIFFS’ INFRINGEMENT CONTENTIONS RE ’696 PATENT
`
`CASE NO: 3:12-cv-02738
`
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`
`In accordance with Patent L.R. 3.1 and 3.2, Plaintiffs Warsaw Orthopedic, Inc.,
`Medtronic Sofamor Danek U.S.A., Inc., Medtronic Puerto Rico Operations Co., and
`Osteotech, Inc. (collectively “Plaintiffs”) provide the following Disclosure of Asserted
`Claims and Infringement Contentions and document production accompanying
`disclosure for U.S. Patent No. 8,444,696 (the “’696 patent”). At this time, discovery
`is in its early stages, and Plaintiffs’ investigation regarding the disclosed and other
`potential grounds for infringement is ongoing. Defendant NuVasive, Inc.
`(“NuVasive”) has only recently begun producing documents and things and has not
`provided deposition testimony or other formal discovery to Plaintiffs. This Patent
`Local Rule disclosure is therefore based upon information Plaintiffs have been able to
`obtain to-date and is given without prejudice to Plaintiffs’ right to supplement or
`amend their disclosure as additional facts are ascertained, analyses are made, research
`is completed, contentions are made, and claims are construed. These disclosures are
`also based at least in part upon Plaintiffs’ present understanding of the meaning and
`scope of the claims in the absence of claim construction proceedings or discovery.
`Plaintiffs reserve the right to amend or supplement these disclosures if their
`understanding of the claims changes, including any modification to the claims’
`interpretation following the Court’s claim construction.
`I.
`Patent L.R. 3.1(a), (b), (c), and (e)
`Based on the information presently available, Plaintiffs state that NuVasive’s
`CoRoent XL Standard, CoRoent XL Wide Standard, CoRoent XL Thoracic, CoRoent
`XL Lordotic, CoRoent XL Wide Lordotic, CoRoent XL Coronal Tapered Standard,
`CoRoent XL Coronal Tapered Lordotic, CoRoent XL Keeled, CoRoent XL Fixation,
`CoRoent Large Narrow, CoRoent Large Wide, and CoRoent Large Tapered
`(“Accused Implants”) directly infringe the claims of the ’696 patent under 35 U.S.C.
`§ 271(a) as follows:
`
`
`1
`PLAINTIFFS’ INFRINGEMENT CONTENTIONS RE ’696 PATENT
`
`CASE NO: 3:12-cv-02738
`
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`
`Accused Implant
`
`Claims
`
`CoRoent XL Standard
`
`CoRoent XL Wide Standard
`
`1–6
`
`1–6
`
`CoRoent XL Thoracic
`
`1, 3–4, and 6
`
`CoRoent XL Lordotic
`
`CoRoent XL Wide Lordotic
`
`CoRoent XL Coronal
`Tapered Standard
`
`CoRoent XL Coronal
`Tapered Lordotic
`
`CoRoent XL Keeled
`
`CoRoent XL Fixation
`
`1–6
`
`1–6
`
`1–6
`
`1–6
`
`1–6
`
`4–6
`
`CoRoent Large Narrow
`
`CoRoent Large Wide
`
`10 and 12
`
`10 and 12
`
`CoRoent Large Tapered
`
`7 and 9
`
`Attachments A through L contain claim charts showing infringement of the
`’696 patent by the Accused Implants.
`II.
`Patent L.R. 3.1(f)
`The priority date of the ’696 patent is at least June 7, 1995, which is the filing
`date of Application No. 08/482,146. All asserted claims of the ’696 patent are entitled
`
`2
`PLAINTIFFS’ INFRINGEMENT CONTENTIONS RE ’696 PATENT
`
`CASE NO: 3:12-cv-02738
`
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`
`to this priority date.
`III. Patent L.R. 3.1(g)
`Plaintiffs assert that its Clydesdale, Capstone, and Capstone-L implants embody
`Claims 1, 3, 4, and 6 of the ’696 patent.
`IV. Patent L.R. 3.2(a) and (b)
`Documents relevant to each discussion with, disclosure to, or other manner of
`providing to a third party, or sale of or offer to sell, the claimed inventions prior to the
`date of application for the ’696 patent can be located at the production numbers listed
`below. Further, the documents relevant to the conception, reduction to practice,
`design, and development of the ’696 patent, which were created on or before the date
`of application for the ’696 patent or the priority dates identified pursuant to Patent
`L.R. 3.1(e) can be located at production numbers listed below.
`
`
`
`Patent
`
`8,444,696
`
`Conception, Reduction to Practice,
`Design, and Development
`Documents at Bates Range
`MNUV5045994–6433
`
`Pre-filing Disclosures
`Documents at Bates
`Range
`MNUV5046074–6075;
`MNUV5046080–6113;
`MNUV5046123–6433
`
`V.
`
`Patent L.R. 3.2(c)
`The file history for the ’696 patent and file histories for each application to
`which a claim for priority is made for Plaintiffs’ ’696 patent can be located at
`production numbers listed below.
`
`
`Patent
`8,444,696
`
`Application No.
`08/482,146
`08/813,283
`
`Bates Range
`MNUV5042333–2579
`MNUV5042579–3466
`
`3
`PLAINTIFFS’ INFRINGEMENT CONTENTIONS RE ’696 PATENT
`
`CASE NO: 3:12-cv-02738
`
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`MNUV5043467–4305
`MNUV5044306–5512
`MNUV5045513–5840
`MNUV5045841–5993
`MNUV5042071–2332
`
`09/412,090
`10/237,751
`10/926,766
`12/807,489
`13/235,998
`VI. Patent L.R. 3.2(d)
`Documents sufficient to evidence ownership of the ’696 patent are available at
`production numbers MNUV3002661–2872.
`VII. Patent L.R. 3.2(e)
`Documents sufficient to show the operation of Plaintiffs’ embodying products
`with respect to the ’696 patent may be found at production numbers listed below.
`
`
`Patent
`8,444,696
`
`Medtronic Product(s)
`Clydesdale, Capstone, and Capstone-
`L implants.
`
`Bates Nos.
`MNUV3002873–2876;
`MNUV3002921–2924;
`MNUV5046434–6441
`
`DATED: May 23, 2013
`
`Respectfully submitted,
`KIRKLAND & ELLIS LLP
`
`
`
` /s/ Nimalka W. Wickramasekera
`Luke L. Dauchot
`Alexander F. MacKinnon
`Nimalka R. Wickramasekera
`
`Attorneys for Plaintiffs/Counterclaim
`Defendants, WARSAW ORTHOPEDIC, INC.;
`MEDTRONIC SOFAMOR DANEK U.S.A.,
`INC.; MEDTRONIC PUERTO RICO
`OPERATIONS CO.; OSTEOTECH, INC.;
`MEDTRONIC, INC.; and MEDTRONIC
`SOFAMOR DANEK DEGGENDORF, GMBH
`
`
`
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`PLAINTIFFS’ INFRINGEMENT CONTENTIONS RE ’696 PATENT
`
`CASE NO: 3:12-cv-02738
`
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`
`CERTIFICATE OF SERVICE
`I, the undersigned, declare:
`I am a citizen of the United States and am employed in the office of an attorney
`appearing in this action. I am over the age of 18 and not a party to this action. My
`business address is 333 South Hope Street, Los Angeles, CA 90071.
`On May 23, 2013, I served or caused to be served the foregoing document on
`NuVasive via e-mail to:
`Michael A. Amon [Amon@fr.com];
`NuVasive-MedtronicIIIFRService@fr.com
`FEDERAL: I declare under penalty of perjury under the laws of the
`
`United States of America that the foregoing is true and correct.
`Executed on May 23, 2013, at Los Angeles, California.
`
`
`
` /s/ Nimalka R. Wickramasekera
`
`Nimalka R. Wickramasekera
`
`
`
`CERTIFICATE OF SERVICE
`
`5
`
`CASE NO: 3:12-cv-02738
`
`6
`
`

`

`•P—“opening(s) between trailing face and
`•O—“second plane”
`•N—“second side”
`•M—“first side”
`•L—“first plane”
`•K—“longitudinal axis”
`
`•T—“ratcheting ridge”
`•S—“ratchetings”
`•R—“lower bearing surface”
`•Q—“upper bearing surface”
`
`insertion face”
`
`CoRoent XL Standard
`
`NuVasive’s CoRoent XL Standard implant infringes Claims 1-6 of U.S. Patent No. 8,444,696 in violation of 35 U.S.C. 271(a).
`
`
`
`Infringement by NuVasive’s CoRoent XL Standard
`
`U.S. Patent No. 8,444,696
`
`Exhibit A
`
`Asserted Claims: 1-6
`
`•H—“insertion face”
`•G—“second terminal part”
`•F—“threaded opening”
`•E—“recessed portion”
`•D—“second bearing surface”
`•C—“first bearing surface”
`•B—“trailing face”
`•A—“first terminal part”
`
`J—“fourth bearing surface”
`I—“third bearing surface”
`
`
`
`••
`
`7
`
`

`

`2
`
`
`
`
`between the first and second vertebrae.
`[E] and a threaded opening [F] configured to receive an insertion instrument for inserting the implant
`extends between the first bearing surface and the second bearing surface and has a recessed portion
`surface adapted to bear against a portion of the second endplate [D]. The implant’s trailing face [B]
`surface adapted to bear against a portion of the first endplate [C], and an opposite second bearing
`The CoRoent XL Standard has a first terminal part [A] defining a trailing face [B], a first bearing
`
`Brochure”) at 1.
`CoRoent XL—The Trusted Foundation of More than 10,000 XLIF Procedures (“CoRoent XL
`
`a second vertebra adjacent to the first vertebra.
`The CoRoent XL Standard implant is a spinal fusion implant for insertion between a first vertebra and
`
`Infringement by NuVasive’s CoRoent XL Standard
`
`U.S. Patent No. 8,444,696
`
`Exhibit A
`
`between said first bearing
`trailing face extending
`second [endplate], said
`against a portion of the
`surface adapted to bear
`opposite second bearing
`first endplate, and an
`bear against a portion of the
`bearing surface adapted to
`a trailing face, a first
`a first terminal part defining
`
`comprises:
`wherein the implant
`wall and a second endplate,
`extending second peripheral
`a generally vertically
`the second vertebra having
`wall and a first endplate and
`extending first peripheral
`having a generally vertically
`vertebra, the first vertebra
`vertebra adjacent the first
`vertebra and a second
`for insertion between a first
`1. A spinal fusion implant
`Claim 1
`
`Limitation
`
`Asserted Claims: 1-6
`
`8
`
`

`

`3
`
`
`
`
`[J].
`with an insertion face [H] extending between a third bearing surface [I] and a fourth bearing surface
`The CoRoent XL Standard implant has a second terminal part [G] opposite said first terminal part [A]
`
`E
`
`D
`
`F
`
`B
`
`C
`
`A
`
`Infringement by NuVasive’s CoRoent XL Standard
`
`U.S. Patent No. 8,444,696
`
`Exhibit A
`
`said insertion face of said
`said first terminal part and
`through said trailing face of
`longitudinal axis extending
`implant having a
`bearing surface, said
`bearing surface and a fourth
`extending between a third
`part having an insertion face
`part, said second terminal
`opposite said first terminal
`a second terminal part
`
`and the second vertebra;
`between the first vertebra
`inserting said implant
`insertion instrument for
`configured to receive an
`and a threaded opening
`having a recessed portion
`surface, said trailing face
`surface and second bearing
`
`Limitation
`Asserted Claims: 1-6
`
`9
`
`

`

`4
`
`
`
`
`K
`
`and the insertion face of its second terminal part [G].
`The implant has a longitudinal axis [K] extending through the trailing face of its first terminal part [A]
`
`H
`
`I
`
`J
`
`A
`
`G
`
`Infringement by NuVasive’s CoRoent XL Standard
`
`U.S. Patent No. 8,444,696
`
`Exhibit A
`
`implant;
`than the height of said
`said implant being greater
`of said implant, the width of
`perpendicular to the length
`width and a height each
`axis, said implant having a
`parallel to the longitudinal
`second terminal part and
`said insertion face of said
`said first terminal part and
`between said trailing face of
`implant having a length
`the longitudinal axis, said
`bearing surface, and along
`surface and said second
`through said first bearing
`first plane extending
`having a cross section in a
`second terminal part, and
`
`Limitation
`Asserted Claims: 1-6
`
`10
`
`

`

`5
`
`
`
`
`Height
`
`Length
`
`Width
`
`The implant has a length, a width, and a height. The implant’s width is greater than its height.
`
`L
`
`second bearing surface, and along the longitudinal axis.
`The implant has a cross section in a first plane [L] extending through its first bearing surface and
`
`Infringement by NuVasive’s CoRoent XL Standard
`
`U.S. Patent No. 8,444,696
`
`Exhibit A
`
`Limitation
`Asserted Claims: 1-6
`
`11
`
`

`

`6
`
`
`
`
`substantially flat portions of said first and second sides are symmetrical about the first plane [L].
`to the first plane and extends through said insertion face and said trailing face. Additionally, these
`substantially flat. These substantially flat portions intersect a second plane [O] that is perpendicular
`implant’s first terminal part to its second terminal part. Portions of said first and second sides are
`The CoRoent XL Standard has a first side [M] and an opposite second side [N] extending from the
`
`CoRoent XL & XLR: Sizeable Advantages Brochure (“CoRoent XL Standard Brochure”) at 2.
`
`intersecting a second plane
`substantially flat portions
`substantially flat, said
`second side being
`said first side and said
`terminal part, portions of
`terminal part to said second
`extending from said first
`and said second side
`second side, said first side
`a first side and an opposite
`
`Infringement by NuVasive’s CoRoent XL Standard
`
`U.S. Patent No. 8,444,696
`
`Exhibit A
`
`Limitation
`Asserted Claims: 1-6
`
`12
`
`

`

`7
`
`
`
`
`M
`
`N
`
`O
`
`Infringement by NuVasive’s CoRoent XL Standard
`
`U.S. Patent No. 8,444,696
`
`Exhibit A
`
`first plane;
`are symmetrical about the
`side and said second side
`flat portions of said first
`wherein said substantially
`and said trailing face,
`through said insertion face
`first plane and extends
`that is perpendicular to the
`
`Limitation
`Asserted Claims: 1-6
`
`13
`
`

`

`8
`
`
`
`
`P
`
`P
`
`first vertebra to the second vertebra.
`between said first and second sides to permit for the growth of bone through said implant from the
`The CoRoent XL Standard has an opening [P] between said trailing face and said insertion face and
`
`second vertebra;
`from the first vertebra to the
`bone through said implant
`to permit for the growth of
`said first and second sides
`insertion face and between
`trailing face and said
`an opening between said
`
`plane [L]
`about the first
`symmetrical
`flat and
`substantially
`sides [N] are
`and second
`said first [M]
`Portions of
`
`L
`
`M
`
`N
`
`Infringement by NuVasive’s CoRoent XL Standard
`
`U.S. Patent No. 8,444,696
`
`Exhibit A
`
`Limitation
`Asserted Claims: 1-6
`
`14
`
`

`

`9
`
`
`
`
`O
`
`Q R
`
`proximate each of first and second sides are convex
`Portions of upper [Q] and lower [R] bearing surfaces
`
`bearing surfaces relative to the second plane [O]
`
`along the entire length of the upper and lower
`
`visible)
`R (not
`
`longitudinal axis.
`the upper and lower bearing surfaces relative to the second plane [O] and in a direction parallel to the
`have portions proximate each of said first and second sides that are convex along the entire length of
`measured parallel to the longitudinal axis of the implant. These upper and lower bearing surfaces
`The CoRoent XL Standard has upper [Q] and lower [R] bearing surfaces each having a length
`
`Q
`
`Infringement by NuVasive’s CoRoent XL Standard
`
`U.S. Patent No. 8,444,696
`
`Exhibit A
`
`longitudinal axis,
`direction parallel to the
`the second plane and in a
`bearing surfaces relative to
`said upper and lower
`along the entire length of
`sides and being convex
`each of said first and second
`having portions proximate
`lower bearing surfaces
`implant, said upper and
`the longitudinal axis of said
`length measured parallel to
`surfaces each having a
`upper and lower bearing
`
`Limitation
`Asserted Claims: 1-6
`
`15
`
`

`

`10
`
`
`
`
`on the implant’s upper and lower bearing surfaces face one direction.
`has a ridge [T] oriented in a direction generally parallel to the width of the implant and each ratcheting
`adapted to engage the first vertebra and the second vertebra, respectively. Each of these ratchetings
`The CoRoent XL Standard has ratchetings [S] on each of said upper and lower bearing surfaces
`
`H1
`
`B
`
`H2
`
`said first and second sides.
`the maximum height [H2] measured between said upper and lower bearing surfaces proximate one of
`The CoRoent XL Standard has a trailing face [B] with a height [H1] less than and measured parallel to
`
`Infringement by NuVasive’s CoRoent XL Standard
`
`U.S. Patent No. 8,444,696
`
`Exhibit A
`
`upper and lower bearing
`ratchetings on each of said
`width of said implant, said
`generally parallel to the
`oriented in a direction
`ratchetings having a ridge
`respectively, each of said
`second vertebra,
`the first vertebra and the
`surfaces adapted to engage
`upper and lower bearing
`ratchetings on each of said
`
`and second sides;
`proximate one of said first
`lower bearing surfaces
`between said upper and
`maximum height measured
`measured parallel to a
`height less than and
`said trailing face having a
`
`Limitation
`Asserted Claims: 1-6
`
`16
`
`

`

`11
`
`
`
`
`[S] faces one
`Each ratcheting
`
`direction
`
`T
`
`S
`
`ridges [T] oriented
`Ratchetings with
`
`in a direction
`
`with the implant’s
`generally parallel
`
`width
`
`Infringement by NuVasive’s CoRoent XL Standard
`
`U.S. Patent No. 8,444,696
`
`Exhibit A
`
`direction; and
`surfaces facing one
`
`Limitation
`Asserted Claims: 1-6
`
`17
`
`

`

`12
`
`
`
`
`Osteocel Plus: The Complete Fusion Solution (“Osteocel Brochure”) at 1-2.
`
`The CoRoent XL Standard is adapted to hold bone fusion promoting materials.
`
`Infringement by NuVasive’s CoRoent XL Standard
`
`U.S. Patent No. 8,444,696
`
`Exhibit A
`
`promoting materials.
`to hold bone fusion
`said implant being adapted
`
`Limitation
`Asserted Claims: 1-6
`
`18
`
`

`

`13
`
`
`
`
`O
`
`Q R
`
`lower bearing surfaces.
`surfaces that are convex along a continuous uninterrupted majority of the lengths of said upper and
`The CoRoent XL Standard implant has convex portions of said upper [Q] and lower [R] bearing
`
`Plaintiffs incorporate by reference their contentions from Claim 1 as if fully set forth herein.
`
`
`
`PP
`
`
`
`PP
`
`from the first vertebra to the second vertebra.
`face and between said first and second sides to permit for the growth of bone through said implant
`The CoRoent XL Standard has a plurality of openings [P] between said trailing face and said insertion
`
`Plaintiffs incorporate by reference their contentions from Claim 1 as if fully set forth herein.
`
`Infringement by NuVasive’s CoRoent XL Standard
`
`U.S. Patent No. 8,444,696
`
`Exhibit A
`
`and lower bearing surfaces.
`the lengths of said upper
`uninterrupted majority of
`convex along a continuous
`lower bearing surfaces are
`portions of said upper and
`wherein said convex
`3. The implant of claim 1,
`Claim 3
`
`vertebra.
`vertebra to the second
`said implant from the first
`the growth of bone through
`second sides to permit for
`between said first and
`and said insertion face and
`between said trailing face
`plurality of openings
`wherein said implant has a
`2. The implant of claim 1,
`Claim 2
`
`Limitation
`Asserted Claims: 1-6
`
`19
`
`

`

`14
`
`
`
`
`between the first and second vertebrae.
`[E] and a threaded opening [F] configured to receive an insertion instrument for inserting the implant
`extends between the first bearing surface and the second bearing surface and has a recessed portion
`surface adapted to bear against a portion of the second endplate [D]. The implant’s trailing face [B]
`surface adapted to bear against a portion of the first endplate [C], and an opposite second bearing
`The CoRoent XL Standard has a first terminal part [A] defining a trailing face [B], a first bearing
`
`CoRoent XL Brochure at 1.
`
`a second vertebra adjacent to the first vertebra.
`The CoRoent XL Standard implant is a spinal fusion implant for insertion between a first vertebra and
`
`Infringement by NuVasive’s CoRoent XL Standard
`
`U.S. Patent No. 8,444,696
`
`Exhibit A
`
`surface, said trailing face
`surface and second bearing
`between said first bearing
`trailing face extending
`second endplate, said
`against a portion of the
`surface adapted to bear
`opposite second bearing
`first endplate, and an
`bear against a portion of the
`bearing surface adapted to
`a trailing face, a first
`a first terminal part defining
`
`comprises:
`wherein the implant
`wall and a second endplate,
`extending second peripheral
`a generally vertically
`the second vertebra having
`wall and a first endplate and
`extending first peripheral
`having a generally vertically
`vertebra, the first vertebra
`vertebra adjacent the first
`vertebra and a second
`for insertion between a first
`4. A spinal fusion implant
`Claim 4
`
`Limitation
`Asserted Claims: 1-6
`
`20
`
`

`

`15
`
`
`
`
`[J].
`with an insertion face [H] extending between a third bearing surface [I] and a fourth bearing surface
`The CoRoent XL Standard implant has a second terminal part [G] opposite said first terminal part [A]
`
`E
`
`D
`
`F
`
`B
`
`C
`
`A
`
`Infringement by NuVasive’s CoRoent XL Standard
`
`U.S. Patent No. 8,444,696
`
`Exhibit A
`
`said insertion face of said
`said first terminal part and
`through said trailing face of
`longitudinal axis extending
`implant having a
`bearing surface, said
`bearing surface and a fourth
`extending between a third
`part having an insertion face
`part, said second terminal
`opposite said first terminal
`a second terminal part
`
`and the second vertebra;
`between the first vertebra
`inserting said implant
`insertion instrument for
`configured to receive an
`and a threaded opening
`having a recessed portion
`
`Limitation
`Asserted Claims: 1-6
`
`21
`
`

`

`16
`
`
`
`
`K
`
`and the insertion face of its second terminal part [G].
`The implant has a longitudinal axis [K] extending through the trailing face of its first terminal part [A]
`
`H
`
`I
`
`J
`
`A
`
`G
`
`Infringement by NuVasive’s CoRoent XL Standard
`
`U.S. Patent No. 8,444,696
`
`Exhibit A
`
`of said implant;
`perpendicular to the length
`width and a height each
`axis, said implant having a
`parallel to the longitudinal
`second terminal part and
`said insertion face of said
`said first terminal part and
`between said trailing face of
`implant having a length
`the longitudinal axis, said
`bearing surface, and along
`surface and said second
`through said first bearing
`first plane extending
`having a cross section in a
`second terminal part, and
`
`Limitation
`Asserted Claims: 1-6
`
`22
`
`

`

`17
`
`
`
`
`Height
`
`Length
`
`Width
`
`The implant has a length, a width, and a height.
`
`L
`
`second bearing surface, and along the longitudinal axis.
`The implant has a cross section in a first plane [L] extending through its first bearing surface and
`
`Infringement by NuVasive’s CoRoent XL Standard
`
`U.S. Patent No. 8,444,696
`
`Exhibit A
`
`Limitation
`Asserted Claims: 1-6
`
`23
`
`

`

`18
`
`
`
`
`M
`
`N
`
`substantially flat portions of said first and second sides are symmetrical about the first plane [L].
`to the first plane and extends through said insertion face and said trailing face. Additionally, these
`substantially flat. These substantially flat portions intersect a second plane [O] that is perpendicular
`implant’s first terminal part to its second terminal part. Portions of said first and second sides are
`The CoRoent XL Standard has a first side [M] and an opposite second side [N] extending from the
`
`Infringement by NuVasive’s CoRoent XL Standard
`
`U.S. Patent No. 8,444,696
`
`Exhibit A
`
`first plane;
`are symmetrical about the
`side and said second side
`flat portions of said first
`wherein said substantially
`and said trailing face,
`through said insertion face
`first plane and extends
`that is perpendicular to the
`intersecting a second plane
`substantially flat portions
`substantially flat, said
`second side being
`said first side and said
`terminal part, portions of
`terminal part to said second
`extending from said first
`and said second side
`second side, said first side
`a first side and an opposite
`
`Limitation
`Asserted Claims: 1-6
`
`24
`
`

`

`19
`
`
`
`
`plane [L]
`about the first
`symmetrical
`flat and
`substantially
`sides [N] are
`and second
`said first [M]
`Portions of
`
`M
`
`N
`
`L
`
`O
`
`Infringement by NuVasive’s CoRoent XL Standard
`
`U.S. Patent No. 8,444,696
`
`Exhibit A
`
`Limitation
`Asserted Claims: 1-6
`
`25
`
`

`

`20
`
`
`
`
`visible)
`R (not
`
`longitudinal axis.
`the upper and lower bearing surfaces relative to the second plane [O] and in a direction parallel to the
`have portions proximate each of said first and second sides that are convex along the entire length of
`measured parallel to the longitudinal axis of the implant. These upper and lower bearing surfaces
`The CoRoent XL Standard has upper [Q] and lower [R] bearing surfaces each having a length
`
`Q
`
`P
`
`P
`
`first vertebra to the second vertebra.
`between said first and second sides to permit for the growth of bone through said implant from the
`The CoRoent XL Standard has an opening [P] between said trailing face and said insertion face and
`
`Infringement by NuVasive’s CoRoent XL Standard
`
`U.S. Patent No. 8,444,696
`
`Exhibit A
`
`upper and lower bearing
`measured between said
`greater than the height
`of said implant being
`longitudinal axis, the width
`direction parallel to the
`the second plane and in a
`bearing surfaces relative to
`said upper and lower
`along the entire length of
`sides and being convex
`each of said first and second
`having portions proximate
`lower bearing surfaces
`implant, said upper and
`the longitudinal axis of said
`length measured parallel to
`surfaces each having a
`upper and lower bearing
`
`second vertebra;
`from the first vertebra to the
`bone through said implant
`to permit for the growth of
`said first and second sides
`insertion face and between
`trailing face and said
`an opening between said
`
`Limitation
`Asserted Claims: 1-6
`
`26
`
`

`

`21
`
`
`
`
`lower bearing surfaces proximate one of said first and second sides of said implant.
`Additionally, the width of the implant is greater than the height measured between said upper and
`
`O
`
`Q R
`
`proximate each of first and second sides are convex
`Portions of upper [Q] and lower [R] bearing surfaces
`
`bearing surfaces relative to the second plane [O]
`
`along the entire length of the upper and lower
`
`Infringement by NuVasive’s CoRoent XL Standard
`
`U.S. Patent No. 8,444,696
`
`Exhibit A
`
`of said implant;
`said first and second sides
`surfaces proximate one of
`
`Limitation
`Asserted Claims: 1-6
`
`27
`
`

`

`22
`
`
`
`
`on the implant’s upper and lower bearing surfaces face one direction.
`has a ridge [T] oriented in a direction generally parallel to the width of the implant and each ratcheting
`adapted to engage the first vertebra and the second vertebra, respectively. Each of these ratchetings
`The CoRoent XL Standard has ratchetings [S] on each of said upper and lower bearing surfaces
`
`CoRoent XL Standard Brochure at 2.
`
`ratchetings on each of said
`width of said implant, said
`generally parallel to the
`oriented in a direction
`ratchetings having a ridge
`respectively, each of said
`second vertebra,
`the first vertebra and the
`surfaces adapted to engage
`upper and lower bearing
`ratchetings on each of said
`
`Infringement by NuVasive’s CoRoent XL Standard
`
`U.S. Patent No. 8,444,696
`
`Exhibit A
`
`Limitation
`Asserted Claims: 1-6
`
`28
`
`

`

`23
`
`
`
`
`The CoRoent XL Standard is adapted to hold bone fusion promoting materials.
`
`to hold bone fusion
`said implant being adapted
`
`[S] faces one
`Each ratcheting
`
`direction
`
`T
`
`S
`
`ridges [T] oriented
`Ratchetings with
`
`in a direction
`
`with the implant’s
`generally parallel
`
`width
`
`Infringement by NuVasive’s CoRoent XL Standard
`
`U.S. Patent No. 8,444,696
`
`Exhibit A
`
`direction; and
`surfaces facing one
`upper and lower bearing
`
`Limitation
`Asserted Claims: 1-6
`
`29
`
`

`

`24
`
`face and between said first and second sides to permit for the growth of bone through said implant
`The CoRoent XL Standard has a plurality of openings [P] between said trailing face and said insertion
`
`Plaintiffs incorporate by reference their contentions from Claim 4 as if fully set forth herein.
`
`
`
`
`between said trailing face
`plurality of openings
`wherein said implant has a
`5. The implant of claim 4,
`Claim 5
`
`Osteocel Brochure at 1-2.
`
`Infringement by NuVasive’s CoRoent XL Standard
`
`U.S. Patent No. 8,444,696
`
`Exhibit A
`
`promoting materials.
`
`Limitation
`Asserted Claims: 1-6
`
`30
`
`

`

`25
`
`
`
`
`O
`
`Q R
`
`lower bearing surfaces.
`surfaces that are convex along a continuous uninterrupted majority of the lengths of said upper and
`The CoRoent XL Standard implant has convex portions of said upper [Q] and lower [R] bearing
`
`Plaintiffs incorporate by reference their contentions from Claim 4 as if fully set forth herein.
`
`
`
`PP
`
`
`
`PP
`
`from the first vertebra to the second vertebra.
`
`Infringement by NuVasive’s CoRoent XL Standard
`
`U.S. Patent No. 8,444,696
`
`Exhibit A
`
`and lower bearing surfaces.
`the lengths of said upper
`uninterrupted majority of
`convex along a continuous
`lower bearing surfaces are
`portions of said upper and
`wherein said convex
`6. The implant of claim 4,
`Claim 6
`
`vertebra.
`vertebra to the second
`said implant from the first
`the growth of bone through
`second sides to permit for
`between said first and
`and said insertion face and
`
`Limitation
`Asserted Claims: 1-6
`
`31
`
`