Case IPR2013-00396
`
`US. Patent No. 8,444,696
`Our Ref. 101.0051-06IR2
`
`Exhibit 2007
`
`Comparison of claim 7 of the ‘696 patent and claim 19 of ‘430 patent.
`
`7.
`
`ABA lordotic spinal fusion implant for insertion between a first vertebra and
`
`a second vertebra adjacent the first vertebra, the first vertebra having a
`
`generally vertically extending first peripheral wall and a first eefi-ieal—beae
`
`endplate and the second vertebra having a generally vertically extending
`
`second peripheral wall and a second eertieal—boneendplate, wherein the
`
`implant comprises:
`
`a first terminal part defining a trailing face, a first bearing surface
`
`adapted to bear against a portion of the eefiiealbeae—first endplate—prexiaaate
`
`tethe-fi-Fst—peripheral—wall, and an opposite second bearing surface adapted
`
`to bear against a portion of the second eert—ieal—beneendplate—preximatete
`
`the, said trailing face extending between said first bearing surface and
`
`second peripheral—wallbearing surface;
`
`a second terminal part opposite said first terminal part, said second
`
`terminal part iaeludiagaa—aati—expalsion—feamreaad—having an insertion
`
`face extending frombetween a third bearing surface tow a fourth bearing
`
`surface, said implant having a longitudinal axis extending through said
`
`trailing face of said first terminal part and said insertion face of said second
`
`terminal part, and having a cross section in a first plane extending through
`
`said first bearing surface and said second bearing surface, and along the
`
`longitudinal axis, the—fitst—plaHe—bfieetmg-smd—mst—beafingsurfaee—m—m
`
`EXHIBIT
`‘WARSAW'Zfl [I '1'
`
`IPRZD 13- 0039 6
`
`NuVasive, Inc. v.
`“’arsaw Orthopedic, Inc.
`
`
`
`US. Patent No. 8,444,696
`Our Ref. 101.0051-06IR2
`
`Exhibit 2007
`
`Comparison of claim 7 of the ‘696 patent and claim 19 of ‘430 patent.
`
`7.
`
`ABA lordotic spinal fusion implant for insertion between a first vertebra and
`
`a second vertebra adjacent the first vertebra, the first vertebra having a
`
`generally vertically extending first peripheral wall and a first eefi-ieal—beae
`
`endplate and the second vertebra having a generally vertically extending
`
`second peripheral wall and a second eertieal—boneendplate, wherein the
`
`implant comprises:
`
`a first terminal part defining a trailing face, a first bearing surface
`
`adapted to bear against a portion of the eefiiealbeae—first endplate—prexiaaate
`
`tethe-fi-Fst—peripheral—wall, and an opposite second bearing surface adapted
`
`to bear against a portion of the second eert—ieal—beneendplate—preximatete
`
`the, said trailing face extending between said first bearing surface and
`
`second peripheral—wallbearing surface;
`
`a second terminal part opposite said first terminal part, said second
`
`terminal part iaeludiagaa—aati—expalsion—feamreaad—having an insertion
`
`face extending frombetween a third bearing surface tow a fourth bearing
`
`surface, said implant having a longitudinal axis extending through said
`
`trailing face of said first terminal part and said insertion face of said second
`
`terminal part, and having a cross section in a first plane extending through
`
`said first bearing surface and said second bearing surface, and along the
`
`longitudinal axis, the—fitst—plaHe—bfieetmg-smd—mst—beafingsurfaee—m—m
`
`EXHIBIT
`‘WARSAW'Zfl [I '1'
`
`IPRZD 13- 0039 6
`
`NuVasive, Inc. v.
`“’arsaw Orthopedic, Inc.
`
`
`
`Case IPR2013 -00396
`
`US. Patent No. 8,444,696
`Our Ref. 101.0051-06IR2
`
`halvesesaid implant having a length between said trailing face of said first
`
`terminal part and said insertion face of said second terminal part and parallel
`
`to the longitudinal axis, said implant having a width and a height each
`
`pegpendicular to the length of said implant;
`
`a first side and an opposite second side, said first side and said second
`
`side extending from said first terminal part to said second terminal part,
`
`portions of said first side and said second side being substantially flat, said
`
`substantially flat portions intersecting a second plane that is perpendicular to
`
`the first plane and extends through said insertion face and said trailing face,
`
`wherein said substantially flat portions of said first side and said second side
`
`are symmetrical about the first planeeand, said implant being adapted to be
`
`inserted between the first vertebra and the second vertebra with said first
`
`side and said second side of said implant being oriented toward the first
`
`endplate and the second endplate, respectively, and then rotated ninety
`
`degrees into an upright position, said trailing face having a recessed portion
`
`intersecting each of said first and second sides and being configured to
`
`receive an insertion instrument for inserting said implant between the first
`
`vertebra and the second vertebra-
`
`—an opening between said trailing face and said insertion face and
`
`between said first and second sides to permit for the growth of bone through
`
`said implant from the first vertebra to the second vertebra;
`
`
`upper and lower bearing each surfaces having a length measured
`
`parallel to the longitudinal axis of said implant, said upper and lower bearing
`
`surfaces having portions proximate each of said first and second sidesrsaid—
`
`
`
`Case IPR2013-00396
`
`US. Patent No. 8,444,696
`Our Ref. 101 .0051-06IR2
`
`
`
`pianes—a-maaennum—first—mstanee—between—sa-id—convex along the entire
`
`length of said upper and lower bearing services—preaeinaate-said—first—sida
`
`measured—perpenéeularsurfaces relative to the second plane and in the—third—
`
`
`
`seeend—beafi-ng—surfaees—measured—in—a—adirection parallel to the
`
`maximumlongitudinal axis, said trailing face having a height less than and
`
`measured parallel to a maximum height measured between said upper and
`
`lower bearing surfaces proximate one of said first and second sides= said
`
`upper and lower bearing surfaces being disposed in a converging angular
`
`relationship toward each other such that said implant appears wedge-shaped
`
`from a side View, the converging angular relationship of said upper and
`
`lower bearing surfaces maintaining the first vertebra and the second vertebra
`
`adjacent to said upper and lower bearing surfaces in an angular relationship
`
`to maintain the desired lordosis between the first vertebra and the second
`
`vertebra
`
`ratchetings on each of said upper and lower bearing surfaces adapted
`
`to engage the firstWanda—WWW
`
`
`and—feufi-h—bearmg-su-rfaeesmeaafied—vertebra and the second vertebra
`
`reSpectively, each of said ratchetings having a ridge oriented in a direction
`
`paraHeHeflae—maxinmfirst—distaneegenerally parallel to the width of said
`
`implant, said ratchetings on each of said upper and lower bearing surfaces
`
`facing one direction; and
`
`
`
`Case IPR2013-00396
`
`U.S. Patent No. 8,444,696
`Our Ref. 101.0051-061R2
`
`said implant being adapted to hold bone fusion promoting materials.
`
`
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