Case 1:12-cv-01630-LJM-DKL Document 123-2 Filed 06/28/13 Page 1 of 74 PageID #: 2835
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`Exhibit A
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`1
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`Patent Owner Ex. 2005
`IPR2014-00695
`Medtronic v. Marital Deduction Trust
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`Exhibit A
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`1
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`Patent Owner Ex. 2005
`IPR2014-00695
`Medtronic v. Marital Deduction Trust
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`
`Case 1:12-cv-01630-LJM-DKL Document 123-2 Filed 06/28/13 Page 2 of 74 PageID #: 2836
`Endotach LLC v. Cook Medical, Inc.
`Civil Action No. 1:12-cv-01630-LJM-DKL
`
`
`Final Infringement Contentions
`Claim Chart for
`U.S. Pat. No. 5,593,417
`“Intravascular Stent With Secure Mounting Means”
`
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`
`Defendant:
`Accused Products:
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` Cook Medical, Inc.
` Zenith AAA Grafts, including the:
` Zenith Flex AAA Endovascular Graft
` Zenith Fenestrated AAA Endovascular Graft
` Zenith Renu AAA Ancillary Graft
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`
`
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`
`
`April 19, 2013
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`1
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`2
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`Patent Owner Ex. 2005
`IPR2014-00695
`Medtronic v. Marital Deduction Trust
`
`
`
`Case 1:12-cv-01630-LJM-DKL Document 123-2 Filed 06/28/13 Page 3 of 74 PageID #: 2837
`Infringement by Cook
`
` These infringement contentions specifically address the accused
`Zenith AAA Grafts, including the Zenith Flex AAA Endovascular Graft
`(“Zenith Flex”), Zenith Renu AAA Ancillary Graft (“Zenith Renu”), and
`Zenith Fenestrated AAA Endovascular Graft (“Zenith Fenestrated”).
`Plaintiff is accusing all versions and releases of the Zenith AAA Grafts,
`including the bifurcated main body graft and ancillary components
`including the main body extensions, converters, iliac plugs, and
`contralateral/ipsilateral iliac legs. The exemplary proof submitted in this
`claim chart is representative of the manner in which each of the Zenith
`AAA Grafts infringe claims 1, 2, and 13 of U.S. Patent No. 5,593,417 (“the
`‘417 patent”), which were sold, serviced, or supported worldwide on or
`after June 21, 2006.
`
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`Final Infringement Conten;ons
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`2
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`3
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`Patent Owner Ex. 2005
`IPR2014-00695
`Medtronic v. Marital Deduction Trust
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`
`
`Case 1:12-cv-01630-LJM-DKL Document 123-2 Filed 06/28/13 Page 4 of 74 PageID #: 2838
`Zenith AAA Endovascular GraEs
`
`Zenith Flex
`
`Zenith Fenestrated
`
`Zenith Renu
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`Final Infringement Conten;ons
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`3
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`4
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`Patent Owner Ex. 2005
`IPR2014-00695
`Medtronic v. Marital Deduction Trust
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`
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`Case 1:12-cv-01630-LJM-DKL Document 123-2 Filed 06/28/13 Page 5 of 74 PageID #: 2839
`‘417 Patent – Claim 1
`
`Exemplary Claim:
`1.
` An intraluminal medical device for securement within a vessel, duct, or lumen of a
`living being, the vessel, duct, or lumen having an interior surface, said device comprising
`a tubular member and anchoring means,
` said tubular member having a passageway extending therethrough and an outer
`periphery, said tubular member being arranged to have a body fluid flow through said
`passageway in a first direction when said device is located within the vessel, duct, or
`lumen, whereupon a force is applied to said tubular-member,
` said anchoring means being located adjacent said outer periphery of said tubular
`member and comprising plural projections arranged for engagement with the interior
`surface of the vessel, duct, or lumen,
` each of said projections having a leading portion located in the upstream direction of
`the fluid flow and a trailing portion located in the downstream direction thereof, said
`trailing portion including at least one surface preferentially oriented to extend at an acute
`angle to the first direction,
` whereupon the force applied to said tubular member by the fluid flowing through said
`passageway produces on each of said projections a force component to cause said at
`least one surface to tightly engage the interior surface of the vessel, duct, or lumen to
`fixedly secure said device in place.
`
`Final Infringement Conten;ons
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`4
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`5
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`Patent Owner Ex. 2005
`IPR2014-00695
`Medtronic v. Marital Deduction Trust
`
`
`
`Case 1:12-cv-01630-LJM-DKL Document 123-2 Filed 06/28/13 Page 6 of 74 PageID #: 2840
`‘417 Patent – Claim 1
`
`Preamble
`
`• An intraluminal medical device for securement within a vessel, duct, or lumen of a living
`being, the vessel, duct, or lumen having an interior surface, said device comprising
`
`Element A
`
`• a tubular member and anchoring means,
`
`Element B
`
`• said tubular member having a passageway extending therethrough and an outer
`periphery,
`
`Element C
`
`• said tubular member being arranged to have a body fluid flow through said passageway
`in a first direc;on when said device is located within the vessel, duct, or lumen,
`whereupon a force is applied to said tubular-‐member,
`
`Element D
`
`• said anchoring means being located adjacent said outer periphery of said tubular
`member and comprising plural projec;ons arranged for engagement with the interior
`surface of the vessel, duct, or lumen,
`
`Final Infringement Conten;ons
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`5
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`6
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`Patent Owner Ex. 2005
`IPR2014-00695
`Medtronic v. Marital Deduction Trust
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`
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`Case 1:12-cv-01630-LJM-DKL Document 123-2 Filed 06/28/13 Page 7 of 74 PageID #: 2841
`‘417 Patent – Claim 1 (cont.)
`
`Element E
`
`Element F
`
`• each of said projec;ons having a leading por;on located in the upstream direc;on of the
`fluid flow and a trailing por;on located in the downstream direc;on thereof, said trailing
`por;on including at least one surface preferen;ally oriented to extend at an acute angle
`to the first direc;on,
`
`• whereupon the force applied to said tubular member by the fluid flowing through said
`passageway produces on each of said projec;ons a force component to cause said at
`least one surface to ;ghtly engage the interior surface of the vessel, duct, or lumen to
`fixedly secure said device in place.
`
`Final Infringement Conten;ons
`
`6
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`7
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`Patent Owner Ex. 2005
`IPR2014-00695
`Medtronic v. Marital Deduction Trust
`
`
`
`Case 1:12-cv-01630-LJM-DKL Document 123-2 Filed 06/28/13 Page 8 of 74 PageID #: 2842
`
`‘417 Patent – Claim 1
`
`Preamble
`
`An intraluminal medical device for securement within a vessel, duct, or lumen of a living being,
`the vessel, duct or lumen having an interior surface,
`
`Plaintiff asserts that the claim preamble does not limit the claim. However, should the court decide that the preamble is a
`limitation of the claim, the preamble is literally infringed by Cook’s Zenith AAA Grafts as described more specifically
`below. The Zenith AAA Grafts also infringe under the Doctrine of Equivalents because to the extent there are any
`differences between the Zenith AAA Grafts and this claim preamble (which Plaintiff denies), such differences are
`insubstantial. In the absence of literal infringement, the Zenith AAA Grafts infringe under the Doctrine of Equivalents
`because it is used to perform substantially the same function (secure a bypass graft device within the lumen of a blood
`vessel) in substantially the same way (the bypass graft device is expanded and fixed to the wall of the blood vessel with
`projections) to obtain substantially the same result (the bypass graft device is secured within the lumen of a blood vessel) as
`disclosed in this claim preamble.
`
`Final Infringement Conten;ons
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`7
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`8
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`Patent Owner Ex. 2005
`IPR2014-00695
`Medtronic v. Marital Deduction Trust
`
`
`
`Case 1:12-cv-01630-LJM-DKL Document 123-2 Filed 06/28/13 Page 9 of 74 PageID #: 2843
`An intraluminal medical device for securement within a vessel, duct, or lumen of a living being,
`the vessel, duct or lumen having an interior surface
`
`Preamble
`
`The Zenith AAA Grafts are medical devices designed to be placed within the lumen of a body vessel
`to seal off an aneurysm.
`
`Interior
`surface of
`aorta wall
`
`Intraluminal
`graft
`
`Final Infringement Conten;ons
`
`8
`
`(Source: http://
`www.cookmedical.com/ai/
`datasheetFeature.do?
`id=5230).
`
`9
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`Patent Owner Ex. 2005
`IPR2014-00695
`Medtronic v. Marital Deduction Trust
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`
`
`Case 1:12-cv-01630-LJM-DKL Document 123-2 Filed 06/28/13 Page 10 of 74 PageID #:
` 2844
`
`’417 Patent – Claim 1
`
`Element A
`
`said device comprising a tubular member and anchoring means,
`
`The Zenith AAA Grafts literally infringe this claim element. The Zenith AAA Grafts also infringe under the Doctrine of Equivalents because,
`to the extent there are any differences between the Zenith AAA Grafts and this claim element (which Plaintiff denies), such differences are
`insubstantial. In the absence of literal infringement, the Zenith AAA Grafts infringe under the Doctrine of Equivalents because it is used to
`perform substantially the same function (secure a bypass graft device in the lumen of a blood vessel) in substantially the same way (a
`bypass graft device includes plurality of expandable, ring-like, stent members with a plurality of projections extending outward from the
`graft device to help hold or secure the graft device in the blood vessel) to obtain substantially the same result (the bypass graft device is
`secured in the lumen of a blood vessel) as recited in this claim element.
`
`
`
`The Court has defined “tubular member” as “tubular member.” Further, the Court has defined “anchoring means” as “multiple projections or
`protuberances with a leading portion and a trailing portion, such that one surface of the trailing portion is positioned at an acute angle
`relative to the direction of the fluid flow.” The Court determined “anchoring means” was not a means-plus-function element.
`
`Final Infringement Conten;ons
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`9
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`10
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`Patent Owner Ex. 2005
`IPR2014-00695
`Medtronic v. Marital Deduction Trust
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`
`
`Case 1:12-cv-01630-LJM-DKL Document 123-2 Filed 06/28/13 Page 11 of 74 PageID #:
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`said device comprising a tubular member and anchoring means,
`
`Element A
`
`• The Zenith AAA GraEs contain both a tubular member and anchoring means.
`
`Anchoring
`Means
`
`Tubular
`Member
`
`(Source: http://www.cookmedical.com/ai/datasheetFeature.do?id=2257).
`
`(Source: http://www.cookmedical.com/ai/content/mmedia/AI-BMD-FXZTIL-
`EN-200809.ppt).
`
`Final Infringement Conten;ons
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`10
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`11
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`Patent Owner Ex. 2005
`IPR2014-00695
`Medtronic v. Marital Deduction Trust
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`Case 1:12-cv-01630-LJM-DKL Document 123-2 Filed 06/28/13 Page 12 of 74 PageID #:
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`’417 Patent – Claim 1
`
`Element B
`
`said tubular member having a passageway extending therethrough and an outer
`periphery,
`
`The Zenith AAA Grafts literally infringe this claim element. The Zenith AAA Grafts also infringe under the Doctrine
`of Equivalents because, to the extent there are any differences between the Zenith AAA Grafts and this claim
`element (which Plaintiff denies), such differences are insubstantial. In the absence of literal infringement, the Zenith
`AAA Grafts infringe under the Doctrine of Equivalents because it is used to perform substantially the same function
`(providing a passageway for body fluid to flow through the bypass graft device) in substantially the same way (the
`bypass graft device comprises a tubular member which forms a passageway for body fluid to flow through the
`graft device) to obtain substantially the same result (body fluid flows through the bypass graft device) as recited in
`this claim element.
`
`Final Infringement Conten;ons
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`11
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`12
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`Patent Owner Ex. 2005
`IPR2014-00695
`Medtronic v. Marital Deduction Trust
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`Case 1:12-cv-01630-LJM-DKL Document 123-2 Filed 06/28/13 Page 13 of 74 PageID #:
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`said tubular member having a passageway extending therethrough and an outer periphery,
`
`Element B
`
`• The Zenith AAA GraEs include a tubular member with a passageway that provides an opening throughout the
`device. The outer surface of the tubular member defines the outer periphery.
`Passageway
`
`Passageway
`
`Outer
`Periphery
`
`Tubular
`Member
`
`(Source: http://www.cookmedical.com/ai/datasheetFeature.do?id=2257).
`
`Final Infringement Conten;ons
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`12
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`13
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`Patent Owner Ex. 2005
`IPR2014-00695
`Medtronic v. Marital Deduction Trust
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`Case 1:12-cv-01630-LJM-DKL Document 123-2 Filed 06/28/13 Page 14 of 74 PageID #:
` 2848
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`’417 Patent – Claim 1
`
`Element C
`
`said tubular member being arranged to have a body fluid flow through said passageway in a
`first direction when said device is located within the vessel, duct, or lumen, whereupon a
`force is applied to said tubular-member,
`
`The Zenith AAA Grafts literally infringe this claim element. The Zenith AAA Grafts also infringe under the Doctrine
`of Equivalents because, to the extent there are any differences between the Zenith AAA Grafts and this claim
`element (which Plaintiff denies), such differences are insubstantial. In the absence of literal infringement, the
`Zenith AAA Grafts infringe under the Doctrine of Equivalents because it is used to perform substantially the same
`function (placing the bypass graft device within a blood vessel to allow blood to flow through the bypass graft
`device) in substantially the same way (the bypass graft device is inserted within the blood vessel and expanded
`against the wall of the blood vessel) to obtain substantially the same result (the bypass graft device is arranged
`within the a blood vessel and allows blood to flow through the bypass graft device which exerts a force upon the
`interior surface of the bypass graft device) as recited in this claim element.
`
`Final Infringement Conten;ons
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`13
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`Patent Owner Ex. 2005
`IPR2014-00695
`Medtronic v. Marital Deduction Trust
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`Element C
`
`Case 1:12-cv-01630-LJM-DKL Document 123-2 Filed 06/28/13 Page 15 of 74 PageID #:
`said tubular member being arranged to have a body fluid flow through said passageway in a
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`first direc;on when said device is located within the vessel, duct, or lumen, whereupon a force
`is applied to said tubular-‐member,
`
`The Zenith AAA GraEs are placed within the aorta and runs through the iliac arteries allowing blood to flow through
`the graE. The blood flowing through a Zenith AAA GraE exerts caudal migra;on and radial forces upon the graE.
`
`
`Blood
`flow
`
`First
`direction
`
`Tubular
`Member
`
`(Source: http://www.heart.org.in/diseases/images/aneurysm_endovascular.jpg
`
`(Source: U.S. Patent 5,593,417, Col. 8, ll. 12-22).
`
`Final Infringement Conten;ons
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`14
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`15
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`Patent Owner Ex. 2005
`IPR2014-00695
`Medtronic v. Marital Deduction Trust
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`
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`Element C
`
`Case 1:12-cv-01630-LJM-DKL Document 123-2 Filed 06/28/13 Page 16 of 74 PageID #:
`said tubular member being arranged to have a body fluid flow through said passageway in a
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`first direc;on when said device is located within the vessel, duct, or lumen, whereupon a force
`is applied to said tubular-‐member,
`
`The blood flowing through a Zenith AAA GraE exerts caudal migra;on and radial forces upon the graE.
`
`(Source: Zenith® AAA Endovascular Graft Annual Clinical Update (2009)).
`
`(Source: Zenith® AAA Endovascular Graft Annual Clinical Update (2009)).
`
`(Source: CM0003285).
`
`Final Infringement Conten;ons
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`15
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`16
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`Patent Owner Ex. 2005
`IPR2014-00695
`Medtronic v. Marital Deduction Trust
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`Case 1:12-cv-01630-LJM-DKL Document 123-2 Filed 06/28/13 Page 17 of 74 PageID #:
` 2851
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`’417 Patent – Claim 1
`
`Element D
`
`said anchoring means being located adjacent said outer periphery of said tubular member
`and comprising plural projections arranged for engagement with the interior surface of the
`vessel, duct, or lumen,
`
`The Zenith AAA Grafts literally infringe this claim element. The Zenith AAA Grafts also infringe under the Doctrine of Equivalents because,
`to the extent there are any differences between the Zenith AAA Grafts and this claim element (which Plaintiff denies), such differences are
`insubstantial. In the absence of literal infringement, the Zenith AAA Grafts infringe under the Doctrine of Equivalents because it is used to
`perform substantially the same function (secure the bypass graft device in place within the blood vessel) in substantially the same way
`(projections extend from outer surface of the bypass graft device) to obtain substantially the same result (the projections engage with the
`interior surface of the blood vessel to secure the bypass graft device in place) as recited in this claim element.
`
`
`The Court has defined “projections” as “protuberances or parts that extend outward from a surface.” The Court has defined “engagement
`with” as “to partly embed, interlock or enmesh.”
`
`Final Infringement Conten;ons
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`16
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`17
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`Patent Owner Ex. 2005
`IPR2014-00695
`Medtronic v. Marital Deduction Trust
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`
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`Element D
`
`Case 1:12-cv-01630-LJM-DKL Document 123-2 Filed 06/28/13 Page 18 of 74 PageID #:
`said anchoring means being located adjacent said outer periphery of said tubular member and
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`comprising plural projec;ons arranged for engagement with the interior surface of the vessel,
`duct, or lumen,
`
`The anchoring means of the Zenith AAA GraEs include mul;ple protuberances located at the top of the main body
`of the graE which are designed to secure the graE to suprarenal wall, reducing the risk of migra;on and
`enhancing graE/vessel a]achment.
`Anchoring means
`
`Plural
`projections
`
`(Source: http://www.cookmedical.com/ai/content/mmedia/AI-BMD-FXZTIL-EN-200809.ppt;
`CM0003699)
`Final Infringement Conten;ons
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`17
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`18
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`Patent Owner Ex. 2005
`IPR2014-00695
`Medtronic v. Marital Deduction Trust
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`
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`Case 1:12-cv-01630-LJM-DKL Document 123-2 Filed 06/28/13 Page 19 of 74 PageID #:
` 2853
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`’417 Patent – Claim 1
`
`Element E
`
`each of said projections having a leading portion located in the upstream direction of the
`fluid flow and a trailing portion located in the downstream direction thereof, said trailing
`portion including at least one surface preferentially oriented to extend at an acute angle to
`the first direction,
`
`The Zenith AAA Grafts literally infringe this claim element. The Zenith AAA Grafts also infringe under the Doctrine of Equivalents
`because, to the extent there are any differences between the Zenith AAA Grafts and this claim element (which Plaintiff denies), such
`differences are insubstantial. In the absence of literal infringement, the Zenith AAA Grafts infringe under the Doctrine of Equivalents
`because it is used to perform substantially the same function (secure the bypass graft device in place within the blood vessel) in
`substantially the same way (the projections have at least one trailing surface oriented at an acute angle to the direction of the blood
`flow) to obtain substantially the same result (the projections engage with the interior surface of the blood vessel to secure the bypass
`graft device when forces are exerted caudally in the direction of the blood flow and radially outward) as recited in this claim
`element.
`
`
`
`The Court has defined “a leading portion” as “part of a projection oriented in the upstream direction of the fluid flow. The Court has
`defined “a trailing portion” as “part of a projection oriented in the downstream direction of the fluid flow, with at least one portion
`positioned at an acute angle to the fluid flow.” The Court has defined “at least one surface” as “one portion, part or surface of the
`trailing portion of a projection oriented at an acute angle to the fluid flow.”
`
`Final Infringement Conten;ons
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`18
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`19
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`Patent Owner Ex. 2005
`IPR2014-00695
`Medtronic v. Marital Deduction Trust
`
`
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`Case 1:12-cv-01630-LJM-DKL Document 123-2 Filed 06/28/13 Page 20 of 74 PageID #:
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`
`Element E
`
`each of said projections having a leading portion located in the upstream direction of the fluid
`flow and a trailing portion located in the downstream direction thereof, said trailing portion
`including at least one surface preferentially oriented to extend at an acute angle to the first
`
`direction,direction,
`
`The projections of the Zenith AAA Grafts contain a leading portion that sits in the upstream direction of the
`blood flow through the stent and a trailing portion in the downstream direction. The trailing portion includes at
`least one surface that is oriented to extend at an acute angle to the direction of the blood flow.g
`
`
`Projections
`
`
`
`UpstreamUpstream
`
`(Source:
`http://www.cookmedical.com/
`arc/en/index.html#2)
`
`Leading
`portion
`
`θ
`
`Trailing portion
`
`
`
`θθ
`
`θ = Acute Angle
`
`
`
`DownstreamDownstream
`
`Blood
`Flow
`(Source: http://www.cookmedical.com/ai/content/mmedia/AI-BMD-FXZTIL-EN-200809.ppt)
`Final Infringement Contentions
`
`tFiFirst
`
`
`direction
`
`19
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`Patent Owner Ex. 2005
`IPR2014-00695
`Medtronic v. Marital Deduction Trust
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`
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`Case 1:12-cv-01630-LJM-DKL Document 123-2 Filed 06/28/13 Page 21 of 74 PageID #:
` 2855
`
`’417 Patent – Claim 1
`
`Element F
`
`whereupon the force applied to said tubular member by the fluid flowing through said
`passageway produces on each of said projections a force component to cause said at least
`one surface to tightly engage the interior surface of the vessel, duct, or lumen to fixedly
`secure said device in place.
`
`The Zenith AAA Grafts literally infringe this claim element. The Zenith AAA Grafts also infringe under the Doctrine of Equivalents because, to
`the extent there are any differences between the Zenith AAA Grafts and this claim element (which Plaintiff denies), such differences are
`insubstantial. In the absence of literal infringement, the Zenith AAA Grafts infringe under the Doctrine of Equivalents because it is used to
`perform substantially the same function (force the at least one trailing surface of the projections to tightly engage the interior surface of the
`blood vessel to secure the bypass graft device in place) in substantially the same way (a force is exerted upon the bypass graft device which
`causes the projections to move caudally in the direction of the blood flow and radially outward to tightly engage with the interior surface of
`the blood vessel) to obtain substantially the same result (the projections fixedly secure the bypass graft device in place) as recited in this
`claim element.
`
`
`
`The Court has defined “tightly engage” as “firmly embedding, interlocking or enmeshing.” The Court has defined “at least one surface” as
`“one portion, part or surface of the trailing portion of a projection oriented at an acute angle to the fluid flow.”
`
`Final Infringement Conten;ons
`
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`21
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`Patent Owner Ex. 2005
`IPR2014-00695
`Medtronic v. Marital Deduction Trust
`
`
`
`Element F
`
`Case 1:12-cv-01630-LJM-DKL Document 123-2 Filed 06/28/13 Page 22 of 74 PageID #:
`whereupon the force applied to said tubular member by the fluid flowing through said
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`passageway produces on each of said projec;ons a force component to cause said at least one
`surface to ;ghtly engage the interior surface of the vessel, duct, or lumen to fixedly secure said
`device in place.
`
`When the blood flow proceeds through the passageway of a Zenith AAA GraE, a force is exerted on the
`graE that forces the projec;ons caudally in the direc;on of the blood flow and radially outward thereby
`causing the projec;ons to engage the interior surface of the aorta wall. At least one surface of the
`projec;ons firmly secure the graE in place on the aorta wall so as to reduce the risk of migra;on and
`enhance graE/vessel a]achment.
`
`(Source: CM0012278)
`
`Final Infringement Conten;ons
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`21
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`22
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`Patent Owner Ex. 2005
`IPR2014-00695
`Medtronic v. Marital Deduction Trust
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`
`
`Element F
`
`Case 1:12-cv-01630-LJM-DKL Document 123-2 Filed 06/28/13 Page 23 of 74 PageID #:
`whereupon the force applied to said tubular member by the fluid flowing through said
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`passageway produces on each of said projec;ons a force component to cause said at least one
`surface to ;ghtly engage the interior surface of the vessel, duct, or lumen to fixedly secure said
`device in place.
`
`When the blood flow proceeds through the passageway of a Zenith AAA GraE, a force is exerted on the
`graE that forces the projec;ons caudally in the direc;on of the blood flow and radially outward thereby
`causing the projec;ons to engage the interior surface of the aorta wall. The projec;ons secure the graE in
`place on the aorta wall so as to reduce the risk of migra;on and enhance graE/vessel a]achment.
`
`(Source:
`http://www.cookmedical.com/ai/content/mmedia/AI-BMD-FXZTIL-
`EN-200809.ppt; CM0003699)
`
`(Source: http://www.cookmedical.com/ai/content/mmedia/AI-BM-FXZTDS-
`EN-200905.pdf).
`
`Final Infringement Conten;ons
`
`22
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`23
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`Patent Owner Ex. 2005
`IPR2014-00695
`Medtronic v. Marital Deduction Trust
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`
`
`Element F
`
`Case 1:12-cv-01630-LJM-DKL Document 123-2 Filed 06/28/13 Page 24 of 74 PageID #:
`whereupon the force applied to said tubular member by the fluid flowing through said
` 2858
`passageway produces on each of said projec;ons a force component to cause said at least one
`surface to ;ghtly engage the interior surface of the vessel, duct, or lumen to fixedly secure said
`device in place.
`
`When the blood flow proceeds through the passageway of a Zenith AAA GraE, a force is exerted on the
`graE that forces the projec;ons caudally in the direc;on of the blood flow and radially outward thereby
`causing the projec;ons to engage the interior surface of the aorta wall. The projec;ons secure the graE in
`place on the aorta wall so as to reduce the risk of migra;on and enhance graE/vessel a]achment.
`
`(Source: Zenith® AAA Endovascular Graft Annual Clinical Update (2009)).
`
`(Source: Zenith® AAA Endovascular Graft Annual Clinical Update (2009)).
`
`Final Infringement Conten;ons
`
`23
`
`24
`
`Patent Owner Ex. 2005
`IPR2014-00695
`Medtronic v. Marital Deduction Trust
`
`
`
`Element F
`
`Case 1:12-cv-01630-LJM-DKL Document 123-2 Filed 06/28/13 Page 25 of 74 PageID #:
`whereupon the force applied to said tubular member by the fluid flowing through said
` 2859
`passageway produces on each of said projec;ons a force component to cause said at least one
`surface to ;ghtly engage the interior surface of the vessel, duct, or lumen to fixedly secure said
`device in place.
`
`When the blood flow proceeds through the passageway of a Zenith AAA GraE, a force is exerted on the
`graE that forces the projec;ons caudally in the direc;on of the blood flow and radially outward thereby
`causing the projec;ons to engage the interior surface of the aorta wall. The projec;ons secure the graE in
`place on the aorta wall so as to reduce the risk of migra;on and enhance graE/vessel a]achment.
`
`(Source: Zenith® AAA Endovascular Graft Annual Clinical Update (2009)).
`
`(Source: Zenith® AAA Endovascular Graft Annual Clinical Update (2009)).
`
`Final Infringement Conten;ons
`
`24
`
`25
`
`Patent Owner Ex. 2005
`IPR2014-00695
`Medtronic v. Marital Deduction Trust
`
`
`
`Case 1:12-cv-01630-LJM-DKL Document 123-2 Filed 06/28/13 Page 26 of 74 PageID #:
` 2860
`
`Element F
`
`whereupon the force applied to said tubular member by the fluid flowing through said
`passageway produces on each of said projections a force component to cause said at least one
`surface to tightly engage the interior surface of the vessel, duct, or lumen to fixedly secure said
`
`device in place.device in place.
`
`At least one surface of the trailing portion of the projection is firmly secured into the interior surface of the
`vessel wall. The Court identified in its Claim Construction Order that “to tightly engage” need “not
`necessarily [include] penetration” and such engagement includes penetration of the interior surface layer
`of the relevant vessel, duct, or lumen, but does not puncture a hole into or tear through the wall of such
`passageways.
`
`Upstream
`
`Blood
`flow
`
`Leading
`portion
`
`Trailing
`portion
`
`
`
`DownstreamDownstream
`
`(Source: http://www.cookmedical.com/arc/en/index.html#2)
`
`Final Infringement Contentions
`
`25
`
`26
`
`Patent Owner Ex. 2005
`IPR2014-00695
`Medtronic v. Marital Deduction Trust
`
`
`
`Case 1:12-cv-01630-LJM-DKL Document 123-2 Filed 06/28/13 Page 27 of 74 PageID #:
` 2861
`
`’417 Patent – Claim 2
`
`Claim 2 is dependent on independent Claim 1
`
`Final Infringement Conten;ons
`
`26
`
`27
`
`Patent Owner Ex. 2005
`IPR2014-00695
`Medtronic v. Marital Deduction Trust
`
`
`
`Case 1:12-cv-01630-LJM-DKL Document 123-2 Filed 06/28/13 Page 28 of 74 PageID #:
` 2862
`
`
`’417 Patent – Claim 2
`
` 2. The device of claim 1 wherein said at least one surface is inclined upward in the
` first direction.
`
`
`
`The Zenith AAA Grafts literally infringe this claim element. The Zenith AAA Grafts also infringe under the
`Doctrine of Equivalents because, to the extent there are any differences between the Zenith AAA Grafts and
`this claim element (which Plaintiff denies), such differences are insubstantial. In the absence of literal
`infringement, the Zenith AAA Grafts infringe under the Doctrine of Equivalents because it is used to perform
`substantially the same function (secure the bypass graft device in place within the blood vessel) in substantially
`the same way (the projections have at least one trailing surface oriented to be inclined upward at an acute
`angle to the direction of the blood flow) to obtain substantially the same result (the projections engage with the
`interior surface of the blood vessel to secure the bypass graft device when forces are exerted caudally in the
`direction of the blood flow and radially outward) as
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