`
`
`
`
`
`David L. Marcus
`dmarcus@bmlawkc.com
`Direct Dial: 816.256.4699
`Fax: 816.222.0534
`
`
`
`February 7, 2014
`
`
`Via Electronic Mail
`
`Nicholas Mathews
`MCKOOL SMITH
`300 Crescent Court
`Suite 1500
`Dallas, Texas 75201
`nmathews@mckoolsmith.com
`
`Re: Norred v. Medtronic
`
`
`Dear Nick:
`
`As required by ¶ 4.f. of the Scheduling Order entered in the above-
`referenced matter, the following are Dr. Troy Norred’s proposed constructions for
`each of the terms identified by the parties in their January 17th correspondence:
`
`Claim 16
`
`“means for mounting”
`
`The term “means for mounting” falls under 35 U.S.C. § 112 ¶ 6 as a
`means-plus-function limitation. It refers to a structure where the valve is
`“secured,” “hingedly-secured,” “hingedly attached” or “retained” in the ring
`member, as well as to any and all equivalent structures. See Norred, col. 4, ll.
`54-61, col. 5, ll. 35-39, col. 6, l. 1 and Figs. 10, 11, 13, 14, 15, 16, 17, 18 & 19.
`
`“membrane”
`
`The term “membrane” carries its ordinary and accustomed meaning. It
`means a thin, soft pliable sheet or layer. See Regents of the University of
`Minnesota v. AGA Medical Corp., 660 F. Supp.2d 1037, 1042-44 (D. Minn.
`2009); Freeman v. Gerber Products Co., 357 F. Supp.2d 1290, 1305 (D. Kan.
`2005)(citing Webster’s Third New International Dictionary Unabridged 1408
`(1993)). See also, Stedman’s Pocket Medical Dictionary (1987), p. 443-44,
`membrane – L. membrana. A thin sheet or layer of pliable tissue, serving as a
`
`•
`
`•
`
`
`
`•
`
`•
`
`N. Mathews
`February 7, 2014
`Page 2 of 3
`
`covering or envelope of a part, the lining of a cavity, as a partition or septum, or
`to connect two structures.
`
`
`“ring member”
`
`The term “ring member” means a ring made of a pliable, biocompatible
`material that seals against the aorta or over the native aortic valve to reduce peri-
`valvular leaks. See Norred, col. 1, ll. 26-51; col. 5, ll. 16-17; col. 6, ll. 1-9.
`
`Claim 19
`
`“means for maintaining”
`
`The term “means for maintaining” means the stent system 28 as well as
`any and all equivalent structures. Norred, col. 1, ll. 29-31, 59-67; col. 5, ll. 22-25,
`48-51.
`
`Claim 20
`
`“means for maintaining”
`
`The term “means for maintaining” means the stent system 28 as well as
`any and all equivalent structures. Norred, col. 1, ll. 29-31, 59-67; col. 5, ll. 22-25,
`48-51.
`
`“interior member”
`
`The term “interior member” means the operable part of the valve, which
`opens to allow blood to flow through the aortic channel. In a tricuspid valve, as
`depicted in Norred, Fig. 19, it is the part of the valve where the three leaflets
`intersect. Norred, col. 1, ll. 27-51, col. 5, ll. 43-47, Figs. 18 & 19.
`
`“tissue valve”/”tissue”
`
`The term “tissue valve” carries its ordinary and accustomed meaning. It
`means a valve made of tissue. The term “valve” means a structure that
`temporarily stops the flow of fluid or that allows fluid to move in one direction
`only. See http://www.merriam-webster.com/dictionary/valve. The term “tissue”
`means an aggregate of cells usually of a particular kind together with their
`intercellular substance that form one of the structure materials of a plant or
`animal. See http://www.merriam-webster.com/dictionary/tissue.
`
`
`
`•
`
`•
`
`•
`
`
`
`N. Mathews
`February 7, 2014
`Page 3 of 3
`
`
`•
`
`“ring member”
`
`The term “ring member” means a ring made of a pliable, biocompatible
`material that seals against the aorta or over the native aortic valve to reduce peri-
`valvular leaks and aortic regurgitation. See Norred, col. 1, ll. 26-51; col. 5, ll. 16-
`17; col. 6, ll. 1-9.
`
`
`•
`
`“responsive to changes of conditions”
`
`The term “responsive to changes of conditions” carries its ordinary and
`accustomed meaning. The tissue valve interior member responds when
`conditions within the aorta change, such as when blood pressure increases or
`decreases. Norred, col. 5, ll. 9-14, 43-46, 63-67.
`
`Sincerely,
`
`
`David L. Marcus
`
`
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
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.
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.
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
