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`UNITED STATES DISTRICT COURT
`DISTRICT OF KANSAS
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`TROY R. NORRED, M.D.,
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`Plaintiff,
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`MEDTRONIC, INC., et al.,
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`Defendants.
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`Case No. 13-CV-2061 EFM/DJW
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`PLAINTIFF’S INITIAL INFRINGEMENT CONTENTIONS
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`Pursuant to paragraph 4.a. of the Scheduling Order (Doc. 36), Plaintiff provides the
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`following initial infringement contentions.
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`a.
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`b.
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`Claims infringed
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`Claims 16, 19, 20 – 24 of U.S. Patent No. 6,482,228 are infringed.
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`Accused Devices
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`The Accused Devices include the CoreValve and
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`the CoreValve Evolut. Each of these devices infringes each of
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`the asserted claims.
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`c.
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`Claim Charts
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`The structure of the CoreValve is essentially the same as the structure of the
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`CoreValve Evolut. Accordingly, identification of each claim element and the corresponding
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`structural element of the Accused Devices is only done for the CoreValve.
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`1
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`Medtronic, Medtronic Vascular,
`and Medtronic CoreValve
`Exhibit 1003 - Page 1
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`1. Claim 16
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`16. An aortic valve for regulating a blood flow through an aortic channel surrounded
`by an aortic wall upon placement therein, said valve comprising:
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`(a) a ring member having
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`(1) a circumference adapted to seat about an aortic wall surrounding an aortic
`channel, said ring including
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`(2) an aperture for blood flow therethrough;
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`(b) a membrane having
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`(1) first and
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`(2) second spaced-apart open ends, said membrane
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`(3) made of a material resistant to a fluid flow therethrough; and
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`(c) means for mounting said first open end of said membrane about said ring
`aperture with said second open end displaced therefrom, said means moving
`said membrane second end between
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`(1) a first open position to allow a blood flow therethrough and
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`(2) a second closed position to preclude a blood flow therethrough.
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`The Accused Devices infringe Claim 16 of the ‘228 Patent because all of the
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`limitations of Claim 16 are literally found in the Accused Devices. Below are pictures and
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`illustrations of the CoreValve with each of the limitations identified.
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`2
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`Medtronic, Medtronic Vascular,
`and Medtronic CoreValve
`Exhibit 1003 - Page 2
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`16. An aortic valve for regulating a
`blood flow through an aortic channel
`surrounded by an aortic wall upon
`placement therein
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`16(a)(2) an aperture for blood flow
`therethrough
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`16(b) a membrane
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`3
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`Medtronic, Medtronic Vascular,
`and Medtronic CoreValve
`Exhibit 1003 - Page 3
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`16(b)(2) second space-apart open
`end[s]
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`16(b)(3) made of a material resistant
`to a fluid flow therethrough
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`16(b)(1) first [open end]
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`16(c) means for mounting said first
`open end of said membrane about
`said ring aperture with said second
`open end displaced therefrom
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`4
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`Medtronic, Medtronic Vascular,
`and Medtronic CoreValve
`Exhibit 1003 - Page 4
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`16(c)(1) a first open position to allow
`a blood flow therethrough
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`16(c)(2) a second closed position to
`preclude a blood flow therethrough
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`5
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`Medtronic, Medtronic Vascular,
`and Medtronic CoreValve
`Exhibit 1003 - Page 5
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`2. Claim 19
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`19. The aortic valve as claimed in claim 16 further comprising means for
`maintaining said ring member in said seat about said aortic wall.
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`The Accused Devices infringe Claim 19 of the ‘228 Patent because each of the
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`limitations of Claim 19 are literally found in the Accused Devices. Below are pictures and
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`illustrations of the CoreValve with each of the limitations identified.
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`19. The aortic valve as claimed in
`claim 16 further comprising means
`for maintaining said ring member in
`said seat about the aortic wall.
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`.
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`6
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`Medtronic, Medtronic Vascular,
`and Medtronic CoreValve
`Exhibit 1003 - Page 6
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`3. Claim 20
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`20. An aortic valve for controlling a blood flow through an aortic channel
`upon placement therein, said valve comprising:
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`(a) a tissue valve having
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`(1) an interior member made of a tissue material and presenting
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`(2) an opening movable between open and closed positions;
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`(b) a ring member surrounding said tissue valve, said ring member having
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`(1) an outer circumference adapted to seat said ring member about an
`aortic wall surrounding an aortic channel;
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`(c) means for maintaining said ring member in said seated position about
`the aortic wall,
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`(a)(1) said tissue valve interior member responsive to changes of
`conditions within the aorta for movement of said opening between
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`(i) a first closed position and
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`(ii) a second open position.
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`The Accused Devices infringe claim 20 of the ‘228 Patent because each of the
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`limitations of claim 20 are literally found in the Accused Devices. Below are pictures and
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`illustrations of the CoreValve with each of the limitations identified.
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`20. An aortic valve for controlling a
`blood flow through an aortic channel
`upon placement therein
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`7
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`Medtronic, Medtronic Vascular,
`and Medtronic CoreValve
`Exhibit 1003 - Page 7
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`20(a) a tissue valve
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`20(a)(1) an interior member made of
`a tissue material
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`20(a)(2) an opening movable
`between open and closed positions
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`8
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`Medtronic, Medtronic Vascular,
`and Medtronic CoreValve
`Exhibit 1003 - Page 8
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`20(b) a ring member surrounding
`said tissue valve, said ring member
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`20(b)(1) an outer circumference
`adapted to seat said ring member
`about an aortic wall surrounding an
`aortic channel
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`Side View
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`Top View
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`Bottom View
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`9
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`Medtronic, Medtronic Vascular,
`and Medtronic CoreValve
`Exhibit 1003 - Page 9
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`20(a)(1) said tissue valve interior
`member responsive to changes of
`conditions within the aorta for
`movement of said opening between
`(i) a first closed position
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`20(a)(1) said tissue valve interior
`member responsive to changes of
`conditions within the aorta for
`movement of said opening between
`(ii) a second open position
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`10
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`Medtronic, Medtronic Vascular,
`and Medtronic CoreValve
`Exhibit 1003 - Page 10
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`4. Claim 21
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`21. The aortic valve as claimed in claim 20 wherein said tissue valve interior
`member is responsive to changes in blood pressure in the aorta whereby to
`move said tissue valve between said first and second positions.
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`The Accused Devices infringe Claim 21 of the ‘228 Patent because each of the
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`limitations of Claim 21 are literally found in the Accused Devices. Below are pictures and
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`illustrations of the CoreValve with each of the limitations identified.
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`21. The aortic valve as claimed in
`claim 20 wherein said tissue valve
`interior member is responsive to
`changes in blood pressure in the
`aorta whereby to move said tissue
`valve between said first and second
`positions.
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`11
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`Medtronic, Medtronic Vascular,
`and Medtronic CoreValve
`Exhibit 1003 - Page 11
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`5. Claim 22
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`22. The aortic valve as claimed in claim 21 wherein said tissue valve interior
`member moves to said second position in response to systolic ejection of
`blood from the left ventricle in which the blood pressure in the left ventricle is
`greater than the blood pressure in the aortic channel..
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`The Accused Devices infringe Claim 22 of the ‘228 Patent because each of the
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`limitations of Claim 22 are literally found in the Accused Devices. Below are pictures and
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`illustrations of the CoreValve with each of the limitations identified.
`
`Valve Open
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`22. The aortic valve as claimed in
`claim 21 wherein said tissue valve
`interior member moves to said
`second position in response to
`systolic ejection of blood from the
`left ventricle in which the blood
`pressure in the left ventricle is
`greater than the blood pressure in
`the aortic channel.
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`
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`Blood Pressure/Flow
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`12
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`Medtronic, Medtronic Vascular,
`and Medtronic CoreValve
`Exhibit 1003 - Page 12
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`6. Claim 23
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`23. The aortic valve as claimed in claim 21 wherein said tissue valve interior
`member moves to said first position in response to diastolic filling of the left
`ventricle in which the blood pressure in the aortic channel is greater than the
`blood pressure in the left ventricle.
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`The Accused Devices infringe Claim 23 of the ‘228 Patent because each of the
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`limitations of Claim 23 are literally found in the Accused Devices. Below are pictures and
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`illustrations of the CoreValve with each of the limitations identified.
`
`Blood Pressure/Flow
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`23. The aortic valve as claimed in
`claim 21 wherein said tissue valve
`interior member moves to said first
`position in response to diastolic
`filling of the left ventricle whereby
`the blood pressure in the aortic
`channel is greater than the blood
`pressure in the left ventricle
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`Valve Closed
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`13
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`Medtronic, Medtronic Vascular,
`and Medtronic CoreValve
`Exhibit 1003 - Page 13
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`7. Claim 24
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`24. The aortic valve as claimed in claim 20 wherein ring member contacts the
`wall of the aortic channel and seals said ring against the aortic channel wall to
`reduce blood flow therearound.
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`The Accused Devices infringe Claim 24 of the ‘228 Patent because each of the
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`limitations of Claim 24 are literally found in the Accused Devices. Below are pictures and
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`illustrations of the CoreValve with each of the limitations identified.
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`24. The aortic valve as claimed in
`claim 20 wherein said ring member
`contacts the wall of the aortic
`channel and seals said ring against
`the aortic channel wall to reduce
`blood flow therearound.
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`
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`14
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`Medtronic, Medtronic Vascular,
`and Medtronic CoreValve
`Exhibit 1003 - Page 14
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`d.
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`Infringement
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`Claims 16, 19, 20 – 24 of U.S. Patent No. 6,482,228 are literally infringed by the
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`Accused Devices.
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`Respectfully submitted,
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` BARTLE & MARCUS, LLC
`
`/s/ David L. Marcus
`
`David L. Marcus, KS Bar No. 18034
`
`1100 Main Street, Suite 2730
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`Kansas City, Missouri 64105
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`Telephone: 816- 256-4699
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`Facsimile: 816- 222-0534
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` dmarcus@bmlawkc.com
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`-and-
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`ERICKSON, KERNELL, DERUSSEAU
`& KLEYPAS, LLC
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`
` /s/ James J. Kernell
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`James J. Kernell, KS Bar No. 19559
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`ERICKSON, KERNELL, DERUSSEAU
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`& KLEYPAS, LLC
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`8900 State Line Road, Suite 500
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`Leawood, Kansas 66206
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`Telephone: 913-549-4700
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`Facsimile: 913-549-4646
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`jjk@kcpatentlaw.com
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`Attorneys for Plaintiff Troy R. Norred
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`15
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`Medtronic, Medtronic Vascular,
`and Medtronic CoreValve
`Exhibit 1003 - Page 15
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`
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