throbber
Paper
`Filed on behalf of: BONUTTI SKELETAL INNOVATIONS LLC
` Date: July 31, 2014
`
`By: Cary Kappel, Lead Counsel
`William Gehris, Backup Counsel
`Davidson, Davidson & Kappel, LLC
`485 Seventh Avenue
`New York, NY 10018
`Telephone (212) 736-1257
`(212) 736-2015
`Facsimile (212) 736-2427
`E-mail:
`ckappel@ddkpatent.com
`wgehris@ddkpatent.com
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`ZIMMER HOLDNGS,
`INC. and ZIMMER, INC.
`Petitioner,
`
`v.
`
`
`
`
`
`BONUTTI SKELETAL INNOVATIONS LLC
`
`Patent Owner
`
`Case: IPR2014-00191
`
`
`
`Patent 7,837,736
`_______________
`DECLARATION OF DR. SCOTT D. SCHOIFET, M.D. IN
`SUPPORT OF PATENT OWNER RESPONSE
`
`
`Exhibit 2001
`Zimmer v.
`Bonutti Skeletal Innovations LLC
`Trial IPR 2014-00191
`
`
`
`
`
`
`
`
`
`
`
`
`
`

`
`Declaration of Dr. Scott D. Schoifet
`
`Case: IPR2014-00191
`
`
`
`Introduction
`
`I, Scott D. Schoifet, hereby declare under the penalty of perjury:
`
`1.
`
`2.
`
`I reside at 19 Macclesfield Drive, Medford, NJ. 08055.
`
`I am a board certified surgeon specializing in Total Joint
`
`Replacement and Adult Reconstructive Surgery in the practice of Reconstructive
`
`Orthopedics P.A.
`
`3.
`
`I have been retained as an expert witness and asked to render opinions
`
`regarding certain matters pertaining to the inter partes review (IPR2014-00191) of
`
`the Bonutti U.S. Patent No. 7,837,736 (“the '736 patent”).
`
`I offer this declaration
`
`(“Declaration”) in support of Bonutti Skeletal’s Patent Owner Response.
`
`4.
`
`I obtained my Medical Degree from Columbia University College of
`
`Physicians and Surgeons, New York, New York in 1983. I completed my General
`
`Surgery Residency at St. Vincent’s Hospital, New York, New York, in 1985; and
`
`my Orthopedic Residency at the Strong Memorial Hospital, University of
`
`Rochester, Rochester, New York in 1988. I completed my Fellowship in Total
`
`Joint Replacement and Adult Reconstructive Surgery at the Mayo Clinic in
`
`Rochester, Minnesota, in 1989, where I was appointed as an Instructor in
`
`Orthopedic Surgery. I obtained my board certification from the American Board of
`
`Orthopedic Surgery in 1991.
`
`
`
`2
`
`

`
`Declaration of Dr. Scott D. Schoifet
`
`Case: IPR2014-00191
`
`
`
`5.
`
`Shortly after completing my Fellowship, I entered private practice in
`
`September, 1989. I joined Reconstructive Orthopedics P.A. in May, 1990. I am an
`
`instructor for Minimally Invasive Surgery Quad Sparing for Partial and Total Knee
`
`Replacements, both nationally and internationally.
`
`6.
`
`I have performed over 7,000 total knee and total hip replacements. I
`
`performed my first minimally invasive surgery (“MIS”) knee replacement in
`
`November of 2003 and have performed over 4,800 MIS total knee replacements
`
`since then. I currently average 700 MIS total knee replacements per year.
`
`7.
`
`I am a fellow of the American College of Surgeons (FACS), and the
`
`American Academy of Orthopaedic Surgeons (FAAOS). I also am a member of
`
`the American Association of Hip and Knee Surgeons (AAHKS).
`
`8.
`
`I have been a consultant for Stryker since 2004 and have been
`
`involved with surgeon teaching and product design. I designed supplemental
`
`instrumentation for Scorpio MIS instruments and assisted with the design of the
`
`entire Triathlon anterior referencing MIS instruments and technique guide. Most
`
`recently I have been on the design team for the new Triathlon Tritanium
`
`uncemented tibia.
`
`9.
`
`A more detailed account of my work experience and qualifications is
`
`included in my curriculum vitae, which is attached as Appendix A to this
`
`Declaration.
`
`
`
`3
`
`

`
`Declaration of Dr. Scott D. Schoifet
`
`Case: IPR2014-00191
`
`
`
`10.
`
`In connection with my study of this matter and reaching the opinions
`
`stated herein, I have reviewed and considered:
`
`(A)
`
`the '736 patent and its prosecution history before the United States
`
`Patent and Trademark Office, focusing on claims 21, 22, and 31;
`
`(B) United States Patent No. 5,755,801 to Walker (“Walker”) (Exhibit
`
`1002);
`
`(C)
`
`the Institution Decision in IPR 2014-00191, paper 10 (February 28,
`
`2014)(“Institution Decision”), focusing on the discussion of the instituted grounds
`
`of anticipation over Walker; and
`
`(D)
`
`the Declaration Of Arthur G. Erdman, Ph.D. (Exhibit 1005), focusing
`
`on the discussion of Walker.
`
`11.
`
`I understand that the Patent Office has instituted a review of the '736
`
`patent based on the following ground: (i) Whether claims 15-22, 26-28 and 31-36
`
`are anticipated by Walker. I have been instructed that for a claim to be anticipated,
`
`it must be shown by a preponderance of the evidence that each and every element
`
`of the claim must be found in a single prior art reference (in this case Walker),
`
`exactly as claimed.
`
`12.
`
`I understand that claims 15-20, and 26-28 are no longer at issue in
`
`this proceeding.
`
`13.
`
`For purposes of this Declaration, I have been asked to consider
`
`
`
`4
`
`

`
`Declaration of Dr. Scott D. Schoifet
`
`
`whether claims 21, 22 and 31 are anticipated by Walker.
`
`Case: IPR2014-00191
`
`Priority Date
`
`14.
`
`In preparing this Declaration, I have reviewed the '736 patent and
`
`considered each document cited herein, in light of the knowledge of a person of
`
`ordinary skill in the art in the field of knee arthroplasty, as it stood in 2002.
`
`15.
`
`I have been instructed by counsel that the effective filing date of the
`
`'736 patent with respect to the subject matter of claims 15-22, 25-28 and 31-36 is
`
`July 8, 2002.
`
`The Person Of Ordinary Skill In The Art
`
`16.
`
`Based on my experience, it is my opinion that a person of ordinary
`
`skill in the art to which the '736 patent relates in 2002 would have an
`
`undergraduate degree in mechanical engineering or biomechanical engineering or
`
`graduate coursework covering topics relevant to biomechanical devices or
`
`orthopedics, or an orthopedic surgeon having experience performing knee
`
`arthroplasty or joint replacement procedures. In this Declaration, whenever I refer
`
`to a person of ordinary skill in the art, it is to be understood that I refer to a person
`
`of that skill in 2002.
`
`General Background Of The '736 Patent
`
`17.
`
`The '736 patent in general describes methods and surgical
`
`techniques for knee-joint replacement using MIS techniques, as well as designs for
`
`
`
`5
`
`

`
`Declaration of Dr. Scott D. Schoifet
`
`Case: IPR2014-00191
`
`
`prosthetic implants, and instrumentation for performing surgical techniques for
`
`knee-joint replacement using MIS techniques. Knee replacement surgery is
`
`commonly referred to as knee arthroplasty.
`
`18.
`
`Claims 15-22, 26-28 and 31-36 relate generally to mobile bearing
`
`implants. Claims 17, 18, 20 and 31-36 relate specifically to implants for knee
`
`arthroplasty, whereas the remaining claims relate more generally to joint implants,
`
`which could be for knee joints, but could also be for other joints such as joints in
`
`the finger, wrist, shoulder, hip, ankle, or toe.
`
`19.
`
`A portion of a human leg, including a knee joint, is schematically
`
`illustrated in Figure 6 of the '736 patent, reproduced below. Generally speaking,
`
`the knee is the portion of the leg where the femur 126, tibia 214, and patella 120
`
`meet. In every-day use, the femur is the thigh bone, the tibia is the shin bone, and
`
`the patella is the knee cap. In the '736 patent, the terms "anterior", "posterior",
`
`"lateral", "medial" and "distal" are used. These are commonly used words in
`
`medicine. With reference to the figure below, which is a right leg the anterior side
`
`of the knee is the front of the knee, and the posterior side of the knee is the back of
`
`the knee. The side of the knee closest to the knee of the other leg (which would be
`
`the left side in the figure below) is the medial side (or inside) of the knee, and the
`
`opposite (on the right in the figure below) is referred to as the lateral side (or
`
`outside) of the knee.
`
`
`
`6
`
`

`
`Declaration of Dr. Scott D. Schoifet
`
`Case: IPR2014-00191
`
`20.
`
`The subject matter of claims 15-22, 26-28, and 31-36 can be
`
`illustrated with Figures 88-90, reproduced below:
`
`7
`
`

`
`Declaration of Dr. Scott D. Schoifet
`
`Case: IPR2014-00191
`
`21.
`
`Figures 88-90 show two embodiments of a self-centering mobile
`
`bearing implant. ('736 patent, col. 99, ll. 34-35, col. 101, lines 6-8). Figures 88-89
`
`illustrate a mobile bearing implant 1250 including a femoral component 1252 and
`
`a tibial component 1254. (Id., col. 99, ll. 36-38). Mobile bearing implant 1290 of
`
`Figure 90 includes "a femoral component . . .. . . . analogous to femoral component
`
`1252" and a tibial component 1292. (Id., col. 101, ll. 6-14).
`
`22.
`
`The tibial component 1254/1292 in turn is comprised of a tibial tray
`
`(1266 in Figs. 88-89, 1294 in Fig. 90) and a bearing insert (1268 in Figs 88-89,
`
`1296 in Fig. 90). Tray 1266/1294 includes a tapered spike 1270/1298 and a plate
`
`member 1272/1300. (Id., col. 99, ll. 50-51, col. 101, ll. 15-16). Plate member
`
`1272/1300 has a superior surface 1274/1302 which is shown as "a concave,
`
`spherically shaped plateau surface." (Id., col. 99, ll. 53-54, col. 101, ll. 18-20).
`
`8
`
`

`
`Declaration of Dr. Scott D. Schoifet
`
`Case: IPR2014-00191
`
`
`Bearing insert 1268/1296 has a spherically shaped inferior surface 1284/1304 so
`
`that the interface between tibial tray 1266/1294 and bearing insert 1268/1296
`
`enables sliding motions along these inferior (1284/1304) and superior (1274/1302)
`
`surfaces. (Id., col. 99, ll. 56-60, col. 101, ll. 21-25).
`
`23.
`
`The superior surface of the bearing insert 1268/1294 interfaces with
`
`the femoral component 1252. In this regard, the superior surface of the bearing
`
`insert includes a pair of depressions (1280 in Figure 89, dotted lines in Figure 90)
`
`that form bearing surfaces for the condyles surfaces of the femoral component.
`
`(Id., col. 100, ll. 6-8).
`
`24.
`
`The embodiment of Figures 88-89 and the embodiment of Figure 90
`
`differ in some respects.
`
`25.
`
`In the embodiment of Figures 88-89, the bearing insert 1268 includes
`
`a recess in the form of a dovetail shaped groove 1288 which mates with a
`
`protrusion in the form of a dovetail pin shaped track 1276. Although "shown
`
`centrally located, track 1276 can be located elsewhere along superior surface 1274
`
`. . .." (Id., Figures 88-89. col. 99, l. 62 to col. 100, l. 1).
`
`26.
`
`In the embodiment of Figure 90, the bearing insert 1294 includes a
`
`recess 1308 in the form of a hole or cavity which mates with a protrusion 1306 in
`
`the form of a post or pin. The hole or cavity 1308 extends from inferior surface
`
`1304 upward into the interior of bearing insert 1296, as indicated by the dashed
`
`
`
`9
`
`

`
`Declaration of Dr. Scott D. Schoifet
`
`Case: IPR2014-00191
`
`
`lines depicting component 1308. The pin/post 1306 cooperates with hole/cavity
`
`1308 "to permit rotation of bearing insert 1296 with respect to tibial tray 1294."
`
`(Id , Figure 90, col. 101, ll. 28-31).
`
`27.
`
`Pin/post 1306 of Figure 90 is not located at "the center of the tibia",
`
`but rather, "is offset medially toward the medial compartment of the knee" ( Id. ,
`
`Figure 90, col. 101, ll. 55-57). The '736 patent explains that "[o]ffsetting post 1306
`
`more toward the medial compartment of the knee recreates the natural pivoting
`
`motion on the knee, with less translation medially, a more stable joint medially,
`
`and more rotational arc or more movement laterally. " ( Id , col. 101, ll. 63-67).
`
`28.
`
`Although Figures 88-90 depict the protrusion 1276/1306 on the tray
`
`1266/1294 and the recess 1268/1308 on the bearing insert 1268/1294, this
`
`arrangement can be switched so that the protrusion is on the bearing insert and the
`
`recess is on the tray. (Id. col. 100, ll. 2-5, col. 101,ll. 31-34).
`
`29.
`
`Further, although these self-centering mobile bearing implants are
`
`illustrated with reference to total knee replacement, they can also be "applied to . .
`
`. partial knee replacement." (Id. col. 102, ll. 1-4).
`
`Claim Construction
`
`30.
`
`I have been instructed that I should interpret the terms of the claims
`
`following a legal standard defined as the “broadest reasonable interpretation
`
`consistent with the specification.” I have been informed that under the broadest
`
`
`
`10
`
`

`
`Declaration of Dr. Scott D. Schoifet
`
`Case: IPR2014-00191
`
`
`reasonable interpretation standard, claim terms are given their ordinary and
`
`customary meaning, as would be understood by one of ordinary skill in the art in
`
`the context of the entire disclosure.
`
`31.
`
`I have been instructed to consider claims 21, 22, and 31 which are set
`
`forth below.
`
`32.
`
`I understand that claim 15 itself is no longer at issue in this
`
`proceeding. However, I have been instructed that claims 21 and 22 depend from
`
`claim 15, and therefore that these claims include each and every element of claim
`
`15:
`
`Independent Claim 15
`
`15. A device to replace an articulating surface of a first side of a joint
`in a body, the joint having first and second sides, comprising:
`a base component, including a bone contacting side
`connectable with bone on the first side of the joint, and a base sliding
`side on an opposite side of said base component relative to said bone
`contacting side;
`a movable component, including a movable sliding side, said
`movable sliding side being matably positionable in sliding
`engagement with said base sliding side, and an articulating side on an
`opposite side of said movable component relative to said movable
`sliding side, shaped to matingly engage an articulating surface of the
`second side of the joint;
`a protrusion extending from one of said base sliding side or
`
`
`
`11
`
`

`
`Declaration of Dr. Scott D. Schoifet
`
`Case: IPR2014-00191
`
`movable sliding side, said protrusion substantially offset with respect
`to a midline of the first side of a joint;
`a recess sized to receive said protrusion, disposed in the other
`of said base sliding side or movable sliding side, said protrusion and
`recess matable to constrain movement of said first and second
`components relative to each other, thereby promoting movement of
`the joint within desired anatomical limits.
`Dependent Claims 21 and 22
`
`21. The device of claim 15, wherein said protrusion and recess engage
`to permit relative rotation of said base sliding side and said movable
`sliding side about an axis of said protrusion.
`
`22. The device of claim 15, wherein said protrusion is a pin, and said
`recess is a hole sized to receive said pin.
`Independent Claim 31
`
`31. A knee arthroplasty device, comprising:
`a tibial tray including a lower distal surface and an upper
`proximal surface, said proximal surface having either a post or a
`cavity, said post or cavity offset from at least one of a medial-lateral
`centerline and an anterior-posterior centerline of said tibial tray;
`a tibial tray insert engageable with said proximal surface and
`having a mating second cavity if said tibial tray has a post, or a mating
`post if said tibial tray has a cavity, said mating post or mating cavity
`offset from at least one of the medial-lateral centerline and the
`anterior-posterior centerline of said tibial tray, wherein said mating
`cavity is adapted to receive at least a portion of said post, or said
`
`12
`
`
`
`
`
`

`
`Declaration of Dr. Scott D. Schoifet
`
`Case: IPR2014-00191
`
`
`
`mating post is adapted to be received in at least a portion of said
`cavity;
`wherein said tibial tray insert rotationally moves with respect
`to said tibial tray, about said post, when the device is used within the
`body such that the rotation of the tibial tray insert is asymmetric with
`respect to at least one of the medial-lateral centerline and the anterior-
`posterior centerline of said tibial tray.
`
`Walker
`
`33. Walker is directed to prostheses for knee replacement. (Walker,
`
`title). In the Corrected Petition, the Petitioner relies upon the embodiment shown
`
`in Figures 2, 2A, 2B, and 2C. (Corrected Petition, pp. 28-36). This is also the
`
`embodiment relied upon by the Board in its Institution Decision. (Institution
`
`Decision, pp. 9-10).
`
`34.
`
`Referring to Figure 2a, there is provided a tibial platform 41and a
`
`meniscal component 44. Tibial platform 41includes an "upstanding stud 42", a "rail
`
`48", and "a semicircular abutment 50 which is upstanding at the medial side of the
`
`platform." (Walker, col. 4, ll. 12-13, 20, 23-25).
`
`
`
`13
`
`

`
`Declaration of Dr. Scott D. Schoifet
`
`Case: IPR2014-00191
`
`35. Meniscal component 44 includes a "slot 43" which receives the stud
`
`42, "a recess 49" that engages with the rail 48, and "a recess or notch 51" which is
`
`"rounded." (Id., col. 4, ll. 13, 20-21, 25-29) (emphasis added). "Rotation of the
`
`meniscal component 44 about an axis X at the edge of the tibial platform is
`
`controlled by [the] abutment 50." (Id., col. 4, ll. 23-25) (emphasis added).
`
`The Hole/Cavity Limitation of Claims 22 and 31
`
`36.
`
`Claim 22 specifies that the protrusion of claim 15 is a pin and that the
`
`recess of claim 15 is a hole sized to receive the pin.
`
`37.
`
`Claim 31 specifies that the tibial tray insert has a cavity and the tibial
`
`tray has a post (or vice versa). Claim 31 further specifies that the " mating cavity
`
`is adapted to receive at least a portion of said post, or said mating post is adapted to
`
`be received in at least a portion of said cavity." In other words, post is received at
`
`least in part, in the cavity.
`
`38.
`
`A person of ordinary skill in the art at the time of the invention
`
`familiar with the '736 patent specification and claims would understand that recess
`
`14
`
`

`
`Declaration of Dr. Scott D. Schoifet
`
`Case: IPR2014-00191
`
`1308, shown in figure 90, is a hole or cavity. In particular, a person of ordinary
`
`skill in the art would recognize from figure 90 that the dotted line shows where the
`
`hole or the cavity is located in bearing insert 1296, and if switched, the hole or the
`
`cavity could be located in the superior surface 1302. (Id. col. 101, ll. 28-34). In my
`
`experience, dashed lines are a common way to illustrate this.
`
`39.
`
`A person of ordinary skill in the art at the time of the invention
`
`would understand that a notch (like notch 51 of Walker) is not the same as a hole
`
`or cavity because they are common terms with a common understanding within the
`
`medical field. For example, in the medical field there is a intercondylar notch on
`
`the end portion of the femur:
`
`(http://www.kneeguru.co.uk/KNEEnotes/knee-dictionary/intercondylar-
`
`notch)(Exhibit 2004)
`
`15
`
`

`
`Declaration of Dr. Scott D. Schoifet
`
`Case: IPR2014-00191
`
`
`
`40.
`
`A person of ordinary skill in the art would recognize from the '736
`
`patent specification that a notch is not a hole and that the terms are used in their
`
`ordinary and customary meaning. For example, as part of a discussion of a femoral
`
`procedure an intercondylar notch and a hole are discussed in the same sentence:
`
`“The drill 128 is utilized to form a hole 130 in the center of the intercondylar notch
`
`in the distal end portion 124 of the femur 126 in a known manner. The drill 128 is
`
`used to form the hole 130 while the leg 70 is in the orientation illustrated in FIGS.
`
`2 and 3. The patella 120 is in the offset position illustrated in FIG. 8.” (Id. col. 17,
`
`ll. 24-31).
`
`41.
`
`The intercondylar notch and the drilled hole in the distal end portion
`
`124 of the femur 126 is shown even more clearly in Figure 31:
`
`
`
`16
`
`

`
`Declaration of Dr. Scott D. Schoifet
`
`Case: IPR2014-00191
`
`42.
`
`A person of ordinary skill in the art would also understand that when
`
`designing a medical device a mechanical specification for a notch is not same as a
`
`mechanical specification for a hole or cavity.
`
`43.
`
`I have consulted on medical instrumentation design and based on my
`
`experience a notch is not a hole or cavity and to use the term notch interchangeably
`
`with the terms hole or cavity would cause confusion among designers and result in
`
`a different design.
`
`44.
`
`A person of ordinary skill in the art at the time of the invention
`
`familiar with Walker would recognize that component 51, in Figures 2-c, is not a
`
`hole or cavity because the terms hole, cavity and notch are well known in the
`
`medical field and component 51 is clearly illustrated in the figures as a notch. (Id.
`
`col. 4, ll. 23-29, col. 4, ll. 30-34).
`
`17
`
`

`
`Declaration of Dr. Scott D. Schoifet
`
`Case: IPR2014-00191
`
`
`
`45.
`
`Likewise a pin or post is not the same as an abutment, particularly
`
`when used in combination with a hole or cavity into which it is received as it is in
`
`the context of claims 22 and 31. In orthopedics a pin or post is typically used to fix
`
`or align one device (or bone) to another device (or bone) by drilling (or passing
`
`through) a hole cavity through the two devices (or bones). We commonly pin
`
`fractures or pin guides to bones. An abutment is not a pin. We would not use an
`
`abutment to fix align one device (or bone) to another device (or bone) nor does an
`
`abutment reside within a hole or cavity. A person of ordinary skill in the art of
`
`orthopedics at the time would not consider the abutment of Walker to be a pin or
`
`post as those terms are used in claims 22 and 31.
`
`46.
`
`Accordingly, Walker does not meet the requirements of either claim
`
`22 or claim 31, because the notch 51 is not a hole or a cavity as claimed, nor is the
`
`abutment 50 a pin or post which is received in a hole or cavity as claimed.
`
`The Rotation Limitation of claims 22 and 31
`
`47.
`
`Claim 21 requires "wherein said protrusion and recess engage to
`
`permit relative rotation of said base sliding side and said movable sliding side
`
`about an axis of said protrusion."
`
`48.
`
`Claim 31 requires "wherein said tibial tray insert rotationally moves
`
`with respect to said tibial tray, about said post."
`
`49.
`
`Accordingly, both claims require a rotational movement about an
`
`
`
`18
`
`

`
`Declaration of Dr. Scott D. Schoifet
`
`
`axis of the post/protrusion.
`
`Case: IPR2014-00191
`
`50.
`
`This rotational movement is illustrated in Figure 90 (shown above)
`
`and described at col. 101, ll. 28-31. This rotation of the tibial tray insert about the
`
`pin/post axis within a hole/cavity is consistent with what a person of ordinary skill
`
`in the art would understand to be rotational movement about an axis.
`
`51.
`
`In Walker, there is no rotation about "an axis of said protrusion" as
`
`required by claim 21, and the tibial tray insert does not move "rotationally . . .
`
`about said post."
`
`52. Walker is quite explicit in pointing out that the protrusion is located
`
`in the notch to allow for translational movement. Specifically, Walker explains
`
`that the "notch 51" is "rounded as shown to allow approximately 2 mms movement
`
`in an anterior posterior direction."
`
`53.
`
`A person of ordinary skill in the art at the time of the invention
`
`would not consider the movement of component 44 of Walker to be rotation about
`
`an axis of the protrusion as required by claim 22 or rotation about a post as
`
`required by claim 31.
`
`54.
`
`I am being compensated at my normal consulting rate for my work.
`
`My compensation is not dependent on and in no way affects the substance of my
`
`statements in this declaration.
`
`55.
`
`In signing this declaration, I recognize that the declaration will be
`
`
`
`19
`
`

`
`Declaration of Dr. Scott D. Schoifet
`
`Case:
`
`IPR20l4—0Ol91
`
`filed as evidence in a contested case before the Patent Trial and Appeal Board of
`
`the United States Patent and Trademark Office. I also recognize that I may be
`
`subject to cross examination in the case and that cross examination will take place
`
`within the United States. If cross examination is required of me, I will appear for
`
`cross examination within the United States during the time allotted for cross
`
`examination.
`
`56.
`
`I reserve the right to supplement my opinions in the future to
`
`respond to any arguments that Petitioner raises and to take into account new
`
`information as it becomes available to me.
`
`57.
`
`All of the statements made in this declaration of my own
`
`knowledge are true. All statements made based on information and belief are
`
`believed to be true. Further, these statements are made with the knowledge
`
`that willful false statements and the like so made are punishable by fine or
`
`imprisonment, or both, under §100l of Title 18 of the United States Code and
`
`that such willful false statements may jeopardize the validity of the subject
`
`patent.
`
`Date:
`
`Signature.
`
`Scott D. Schoifet
`
`20
`
`

`
`APPENDIX A
`
`
`
`
`
`APPENDIX AAPPENDIX AAPPENDIX A
`
`
`
`

`
`case 3:13-cv-00176-JVB-CAN document 74-2 filed 04/21/14 page 2 of 5
`
`CURRICULUM VITAE
`
`
`
`Scott David Schoifet, M.D.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Diploma
`
`BA Chemistry
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Honors in General Surgery
`
`St. Vincents Hospital and
`Medical Center
`New York City, New York
`
`University of Rochester
`Strong Memorial Hospital
`Rochester, New York
`
`
`Mayo Clinic
`Rochester, Minnesota
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Business Address
`
`Reconstructive Orthopedics, PA
`Tower Medical Building, Suite 6
`737 Main Street
`Lumberton, New Jersey 08048
`1-609-267-9400
`
`
`
`1975
`
`1975 - 1979
`
`1979 - 1983
`
`1983 - 1985
`
`
`
`1985 – 1988
`
`1988 - 1989
`
`July 12, 1991
`2021
`
`July, 1989 through April, 1990
`May, 1990 through Present
`
`
`
`
`
`Personal Data:
`
`
`Date of Birth: 01/21/1958
`Place of Birth: Highland Park, New Jersey
`Married: 3 Children
`
`
`Citizenship: USA
`
`
`
`
`
`
`
`Education:
`
`Highland Park High School
`Highland Park, New Jersey
`
`Cornell University
`New York State
`
`Columbia University College of
`Physicians and Surgeons
`New York, New York
`
`Post Graduate Training:
`
`Residency, General Surgery
`
`
`
`
`
`
`
`
`
`Residency, Orthopedic Surgery
`
`
`
`
`
`
`
`
`
`Fellowship, Adult Reconstructive Surgery
`
`
`
`
`
`Educational Honors – Awards:
`
`Honors General Surgery Clerkship
`Honors Orthopaedic Clerkship
`Appointed Instructor in Orthopedics at the Mayo Clinic
`Phi Beta Kappa Honor Society – Junior Year, Cornell University
`
`Licenses:
`License to practice Medicine and Surgery in State of New Jersey
`
`Board Certification:
`American Board of Orthopedic Surgery
`Re-Certification
`
`
`
`Employment History:
`Elizabeth Orthopedic Group
`Reconstructive Orthopedics, P.A.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`

`
`case 3:13-cv-00176-JVB-CAN document 74-2 filed 04/21/14 page 3 of 5
`
`
`
`
`Cornell University, New York
`Mayo Clinic, Rochester, New York
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`May, 1990 through Present
`September 2003 to present
`
`October 2003 to Present
`
`Curriculum Vitae - Scott David Schoifet, M.D.
`Page 2
`
`Faculty Appointments:
`Teaching Assistant, Chemistry & Biochemistry
`Instructor in Orthopaedic Surgery
`
`
`
`Hospital and Administrative Appointments:
`Attending Physician, Virtua Memorial Hospital of
`
`
`Burlington County
`
`
`
`Attending Physician - Virtua Health System
`Medical Director – Total Joint Replacement Program,
`Virtua Health System
`
`
`
`Instructor, Consultant, Trainer –National MIS
` Knee Program – Stryker Orthopaedics
`
`
`
`
`
`
`
`
`
`April 2004 to Present
`
`
`Membership – Professional Organizations:
`American Medical Association
`American Academy of Orthopedic Surgery
`American College of Surgeons – Fellow
`Burlington County Medical Society
`New Jersey State Medical Society
`
`Research/Publications:
`“Treatment of Infection after Total Knee Arthoplasty by Debridement with Retention of Components”
`
`
`Schoifet, S.D., Morrey, B. F., Journal of Bone and Joint Surgery, 72-A. 1383-1390, October, 1990.
`
`“Long Term Results of Various Treatment Options for Infected TKA’s”
`
`
`Morrey, B. F., Westholm, F., Schoifet, S. D., Rand, J.A., Bryan, R. S.
`
`“Persistent Infection after Successful Arthrodesis for Infected Total Knee Replacement: A Report of Two Cases”
`
`
`Schoifet, S. D., Morrey, B. F. Submitted to the Journal of Arthoplasty.
`
`“Hip Arthoplasty in Special Cases: Proximal Femoral Fractures”
`
`
`Schoifet, S. D., Sim, F. H., Cabanela, M. E. Chapter 49 in Joint Replacement Arthoplasty. Edited by
`
`
`Bernard F. Morrey, New York, Churchill Livingstone, 1991
`
`
`“Comparative Safety and Resource Utilization of Total Knee Arthroplasty in Inpatient and Outpatient Settings”
`Schoifet, S.D., Journal of Managed Care Medicine, Vol. 14, No.3, pg 27-32, September 2011
`
`
`Instructor – Clinical Cadaver MIS-TKA Labs – Stryker
`
`
`Chicago, Illinois
`
`June 15 & 16, 2004
`
`
`Memphis, Tennessee
`
`September 24 & 25, 2004
`
`
`Newark, New Jersey
`
`November 2 & 3, 2004
`
`
`New Brunswick, New Jersey
`June 5 & 6, 2005
`
`
`Memphis, Tennessee
`
`June 23 & 24, 2005
`New Brunswick, New Jersey
`August 28 & 29, 2005
`New Brunswick, New Jersey
`November 29 & 30, 2005
`New Brunswick, New Jersey
`March 26 & 27, 2006
`New Brunswick, New Jersey
`July 30 & 31, 2006
`New Brunswick, New Jersey
`October 13, 2006
`New Brunswick, New Jersey
`October 29 & 30, 2006
`New Brunswick, New Jersey
`April 1&2, 2007
`Mahwah, New Jersey
`
`July 8 & 9, 2007
`Mahwah, New Jersey
`
`October 14 & 15, 2007
`Mahwah, New Jersey
`
`September 20 & 21, 2008
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`

`
`case 3:13-cv-00176-JVB-CAN document 74-2 filed 04/21/14 page 4 of 5
`
`
`
`Curriculum Vitae - Scott David Schoifet, M.D.
`Page 3
`
`
`Presentations:
`Acromioclavicular Dislocation: Current Concepts and Controversy
`
`
`City Wide Grand Rounds
`
`
`
`
`Salvage of Infected Total Knee Replacements
`
`
`Adult Reconstructive Conference,
`
`
`
`Controversies in Bipolar Arthoplasty
`
`
`Adult Reconstruction Conference,
`
`
`Long Term Follow up of Infected TKA’s Treated by Debridement and Retention
`
`
`of Components. Schoifet, S. D., Morrey, B. F.
`
`
`American Academy of Orthopedic Surgeons,.
`
` MIS Knee Surgery - Experience & Techniques
`
`
`
`
`
`
`
`
`
`
`
`
`Advances in Surgical Technology
`
`
`
`Bioskills Lab
`
`
`
`
`
`
`
`
`
`
`MIS-TKR – Current Techniques
`
`
`Japan: Tokyo, Oska, Fukuoka and Toyama
`
`
`
`
`MIS-TKR– Mid-Vastus Approach
`
`
`Annual Meeting of the American Osteopathic
`Academy of Orthopedic Surgeons
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`January 10, 1987
` Rochester, New York
`
` October 4, 1988
`Rochester, Minnesota
`
`March 7, 1989
`Rochester, Minnesota
`
`February 13, 1990
`
`October 21, 2004
`York, PA
`
`
`December 2, 2004
`New York City, NY
`
`March, 2005
`Japan
`
`
`May 13, 2005
`Washington, D.C.
`
`
`
`September, 2005
`Boston, MA
`
`December, 2005
`New York City, NY
`
`December, 2005
`New York City, NY
`
`December, 2005
`New York City, NY
`
`September, 2006
`Japan
`
`
`
`
`October 21, 2006
`Dallas, TX
`
`December, 2006
`Stratford, NJ
`
`
`
`MIS-TKR – Bioskills Lecture and Presentation
`
`
`National Orthopaedic Residents Seminar
`
`
`
`“Why Not Evert the Patella”
`
`
`Advances in Surgical Technology
`
`
`Bioskills Lab
`Current Clinical National Observation Site for Stryker Orthopedic
`“Why Not Evert the Patella”
`
`
`
`
`
`
`
`
`Advances in Surgical Technology, Bioskills Lab
`
`
` Current Clinical National Observation Site for Stryker Orthopedic
`
`
`
`“Why Not Evert the Patella”
`
`
`Advances in Surgical Technology
`
`
`Bioskills Lab
`Current Clinical National Observation Site for Stryker Orthopedic
`
`
`
`
`MIS-TKA with a Mini Midvastus Approach
`55th Annual Meeting of the Eastern Japan Association
`
`
`
`
`of Orthopedics and Traumatology
`
`
`
`MIS-TKA – Anterior Resurfacing
`
`
`Triathalon Champion’s Symposium
`
`
`MIS-TKA Current Concepts
`
`
`UMDNJ – Stratford
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`

`
`case 3:13-cv-00176-JVB-CAN document 74-2 filed 04/21/14 page 5 of 5
`
`Curriculum Vitae - Scott David Schoifet, M.D.
`Page 4
`
`Long Term Quadriceps Strength Retention in Mini Midvastus Approach
`
`
`Presentation at the Annual Meeting of the American
`
`
`Academy of Orthopedic Surgeons
`
`Long Term Quadriceps Strength Retention in Mini Midvastus Approach
`
`
`Presentation at EFFORT
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`February 16, 2007
`San Diego, CA
`
`May 15, 2007
`Florence, Italy
`
`September, 2007
`Stratford, NJ
`
`October, 2007
`Mt. Laurel, NJ
`
`October, 2008
`Mahwah, NJ
`
`January, 2009
`Voorhees, NJ
`
`May, 2009
`New Orleans, LA
`
`July, 2009
`Mahwah, NJ
`
`March, 2010
`Mahwah, NJ
`
`June, 2010
`Germany/Austria
`
`November, 2010
`Williamsburg, VA
`
`March, 2011
`Las Vegas, NV
`
`
`MIS-TKA Current Concepts
`
`
`UMDNJ – Stratford
`
`
`
`“Is it time for a knee replacement”
`
`
`Women’s Health

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket