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`Capital Reporting Company
`Jensen, M.D., Mary E. 05-01-2015
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` UNITED STATES PATENT AND TRADEMARK OFFICE
` ________________
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
` ________________
` STRYKER CORPORATION
` Petitioner
` v.
` ORTHOPHOENIX, LLC
` Patent Owner
` ________________
` Case IPR2014-01433
` and
` Case IPR2014-01434
` Patent 6,241,734
` Patent 7,153,307
` ________________
`
` The deposition of MARY E. JENSEN, M.D.,
`taken before Pauline M. Vargo, an Illinois
`Certified Shorthand Reporter, C.S.R. No. 84-1573,
`at the law offices of McAndrews, Held & Malloy,
`Ltd., Suite 3500, 500 West Madison Street,
`Chicago, Illinois, on May 1, 2015, at 9:01 a.m.
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`ORTHOPHOENIX EXHIBIT 2020
`STRYKER CORPORATION v. ORTHOPHOENIX, LLC
`IPR2014-01433 Page 1 of 79
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`Capital Reporting Company
`Jensen, M.D., Mary E. 05-01-2015
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` UNITED STATES PATENT AND TRADEMARK OFFICE
` ________________
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
` ________________
` STRYKER CORPORATION
` Petitioner
` v.
` ORTHOPHOENIX, LLC
` Patent Owner
` ________________
` Case IPR2014-01433
` and
` Case IPR2014-01434
` Patent 6,241,734
` Patent 7,153,307
` ________________
`
` The deposition of MARY E. JENSEN, M.D.,
`taken before Pauline M. Vargo, an Illinois
`Certified Shorthand Reporter, C.S.R. No. 84-1573,
`at the law offices of McAndrews, Held & Malloy,
`Ltd., Suite 3500, 500 West Madison Street,
`Chicago, Illinois, on May 1, 2015, at 9:01 a.m.
`
`(866) 448 - DEPO www.CapitalReportingCompany.com © 2015
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`ORTHOPHOENIX EXHIBIT 2020
`STRYKER CORPORATION v. ORTHOPHOENIX, LLC
`IPR2014-01433 Page 1 of 79
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`1 A P P E A R A N C E S
`2
`PRESENT ON BEHALF OF STRYKER CORPORATION:
`3
` McANDREWS, HELD & MALLOY, LTD.
`4 500 West Madison Street, 34th Floor
` Chicago, Illinois 60661
`5 312.775.8000
` BY: SANDRA A. FRANTZEN, ESQ.
`6 sfrantzen@mcandrews-ip.com
` DEBORAH A. LAUGHTON, ESQ.
`7 dlaughton@mcandrews-ip.com
`8 PRESENT ON BEHALF OF ORTHOPHOENIX, LLC:
`9 ASCENDA LAW GROUP, PC
` 420 Lexington Avenue, Suite 920
`10 New York, New York 10170
` 646.459.4247
`11 BY: MICHAEL A. DAVITZ, M.D., J.D.,
` michael@ascendalaw.com
`12
` ASCENDA LAW GROUP, PC
`13 333 West San Carlos Street, Suite 200
` San Jose, California 95110.2730
`14 408.389.3537
` BY: TAREK N. FAHMI, ESQ.
`15 tarek@ascendalaw.com
`16
`17
`18
`19
`20
`21
`22
`23
`24
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`1 C O N T E N T S
`2 WITNESS EXAMINATION
`3 MARY E. JENSEN, M.D.
`4 By Mr. Davitz........................ Page 5
`5 By Ms. Frantzen...................... Page 45
`6 By Mr. Davitz........................ Page 58
`7 By Ms. Frantzen...................... Page 60
`8
` E X H I B I T S
`9
`ORTHOPHOENIX EXHIBIT MARKED FOR ID
`10
`Exhibit 2007 Position Statement on 7
`11 Percutaneous Vertebral
` Augmentation
`12
`Exhibit 2008 Paper, "Initial Outcome and 8
`13 Efficacy of 'Kyphoplasty' in
` the Treatment of Painful
`14 Osteoporotic Vertebral
` Compression Fractures"
`15
`Exhibit 2009 U.S. Patent No. 6,348,055 B1 10
`16 "Preissman"
`17 Exhibit 2010 Paper, "Pressure generated by 12
` syringes: Implications for
`18 hydrodissection and injection
` of dense connective tissue
`19 lesions"
` Stryker Exhibit 1011
`20
`Exhibit 2011 "Seminars in Musculoskeletal 15
`21 Radiology"
` Stryker Exhibit 1003
`22
`Exhibit 2012 U.S. Patent No. 4,671,263 19
`23 "Draenert"
` Stryker Exhibit 1013
`24
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`1 E X H I B I T S
` Continued
`2
`ORTHOPHOENIX EXHIBIT MARKED FOR ID
`
`Exhibit 2013 U.S. Patent No. 4,576,152 24
` "M?ller, et al."
`5 Stryker Exhibit 1005
`6 Exhibit 2014 U.S. Patent No. 4,892,550 25
` "Huebsch"
`7 Stryker Exhibit 1014
`8 Exhibit 2015 U.S. Patent No. 4,274,163 28
` "Malcom, et al."
`9 Stryker Exhibit 1015
`10 Exhibit 2016 "Clinical Measurements of 30
` Cement Injection Pressure
`11 During Vertebroplasty"
` Stryker Exhibit 1012
`12
`Exhibit 2017 U.S. Patent No. 5,549,679 38
`13 "Kuslich"
` Stryker Exhibit 1009
`14
`Exhibit 2018 U.S. Patent No. 3,893,445 41
`15 "Hofsess"
` Stryker Exhibit 1006
`16
`Exhibit 2019 U.S. Patent No. 4,576,152 44
`17 "M?ller, et al."
` Stryker Exhibit 1005
`18
` EXHIBITS PREVIOUSLY MARKED
`19 FIRST REFERRED TO
`20 Stryker Exhibit 1001 51
`21 Stryker Exhibit 1002 49
`22
`23
`24
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`3 4
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`1 P R O C E E D I N G S
`2 MR. FAHMI: Swear the witness in.
`3 (The witness was duly sworn.)
`4 MR. DAVITZ: Excellent. Thank you.
`5 MARY E. JENSEN, M.D., called as a
`6 witness herein, having been first duly sworn, was
`7 examined and testified as follows:
`8 EXAMINATION
`9 BY MR. DAVITZ:
`10 Q. As I said, good morning. My name is
`11 Michael Davitz, and I'm here with my colleague,
`12 Tarek Fahmi, representing Orthophoenix in the
`13 current matters involving U.S. Patents 6,241,734
`14 and 7,153,307, which the inter partes will use
`15 01433 and 01434, and so today we are here to go
`16 over your declaration and discuss that.
`17 Now, have you ever testified before?
`18 A. Yes.
`19 Q. And how many times have you testified
`20 before?
`21 A. Deposition or trial testimony?
`22 Q. Both, roughly.
`23 A. Deposition, probably about 15 times;
`24 trial, about six.
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`1 Q. Great. Thank you. What did you do in
`2 preparation for the deposition today?
`3 A. I reviewed my declaration. I reviewed
`4 documents that are mentioned in my declaration,
`5 and I spent time prepping with the attorneys.
`6 Q. Great. Have you been involved in the
`7 development of injection devices for
`8 vertebroplasty?
`9 A. Yes.
`10 Q. And were you the co-founder of a company
`11 that was involved in that, according to your
`12 declaration?
`13 A. Yes.
`14 Q. And what was the name of the company?
`15 A. Parallax Medical.
`16 Q. Great. Thank you. I would like to show
`17 you an exhibit, and this will be labeled -- we are
`18 going to start from Exhibit 2007, our exhibits,
`19 and here -- sorry.
`20 (Tendered to the witness.)
`21 BY MR. DAVITZ:
`22 Q. Great. All right. Thank you.
`23 So, as I said, I would like to show you
`24 an article from the American Journal of
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`1 Neuroradiology --
`2 MS. FRANTZEN: I'm sorry to interrupt
`3 you. Do you want to mark that exhibit? Do you
`4 want to have the reporter mark the exhibit?
`5 MR. DAVITZ: Yes. Could we have the
`6 reporter mark the exhibit.
`7 (Orthophoenix Exhibit 2007 was marked
`8 for identification and tendered to the
`9 witness.)
`10 BY MR. DAVITZ:
`11 Q. If you could take that one, that would
`12 be great, and then I will take this one. Thank
`13 you.
`14 And are you a coauthor on this paper,
`15 Dr. Jensen?
`16 A. Yes.
`17 Q. And have you reviewed this paper
`18 recently or seen this paper recently?
`19 A. Not recently, no.
`20 Q. Please refer to the first paragraph of
`21 the paper on the -- starting with the first
`22 sentence, "It is the position of the societies
`23 that vertebral augmentation with vertebroplasty or
`24 kyphoplasty is a medically appropriate therapy for
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`1 the treatment of painful vertebral compression
`2 fractures refractory to medical therapy when
`3 performed for the medical indications outlined in
`4 the published standards."
`5 Do you agree with this position?
`6 A. This is the last paragraph?
`7 Q. I'm sorry. The first paragraph. It's
`8 the first paragraph on the left-hand side of the
`9 paper here.
`10 A. All right.
`11 Q. And if you can review that and take a
`12 look at that, and do you agree with the position
`13 of the paper?
`14 MS. FRANTZEN: I'm going to object to
`15 the form of that question.
`16 A. Yes.
`17 MR. DAVITZ: Okay. Thank you. Could
`18 you please label this Exhibit 2008.
`19 (Orthophoenix Exhibit 2008 was marked
`20 for identification and tendered to the
`21 witness.)
`22 MR. DAVITZ: This is a reference from
`23 the paper that was previously shown to you.
`24 MS. FRANTZEN: I'm going to object to
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`1 that statement.
`2 BY MR. DAVITZ:
`3 Q. And this is a paper by Lieberman, et
`4 al., "Initial Outcome and Efficacy of
`5 Kyphoplasty." Are you familiar with this paper,
`6 Dr. Jensen?
`7 A. Yes.
`8 MS. FRANTZEN: And I object to the form
`9 of that question.
`10 Q. Please take a look at the second
`11 paragraph on Page 1632, starting with the word
`12 "kyphoplasty," please. It reads "kyphoplasty."
`13 Do you have that paragraph, Dr. Jensen?
`14 A. Yes.
`15 Q. And it says, "Kyphoplasty is a new
`16 technique with a number of potential advantages.
`17 This technique was conceived and developed by Dr.
`18 Mark Reiley. It involves the introduction of the
`19 cannula into the vertebral body, followed by
`20 insertion of an inflatable bone tamp."
`21 It goes on to read, "The cement
`22 augmentation is therefore done with more control
`23 in a low-pressure environment with a preformed
`24 cavity with viscous, partially cured cement in an
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`1 attempt to reduce the risk of extravasation."
`2 Do you agree with the statement in that
`3 paragraph, Dr. Jensen?
`4 MS. FRANTZEN: Objection to the form,
`5 compound.
`6 A. No, I do not agree with that statement.
`7 Q. Do you not agree with the statement with
`8 respect to the cement augmentation, Dr. Jensen?
`9 A. I do not agree with this statement that
`10 the authors purport that the augmentation is done
`11 with more control into the low-pressure
`12 environment of the preformed cavity.
`13 MR. DAVITZ: Would you label this.
`14 I believe it's Exhibit 2009.
`15 (Orthophoenix Exhibit 2009 was marked
`16 for identification and tendered to the
`17 witness.)
`18 BY MR. DAVITZ:
`19 Q. Please take a look at U.S. Patent
`20 6,348,055. Are you familiar with this issued
`21 patent, Dr. Jensen?
`22 A. Familiar with the device.
`23 Q. Who is the inventor, if you look on the
`24 left-hand side, Dr. Jensen?
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`1 MS. FRANTZEN: I object to the form,
`2 lack of foundation.
`3 A. The inventor is Howard Preissman.
`4 Q. And who is the assignee of the issued
`5 patent?
`6 MS. FRANTZEN: I object to the form.
`7 A. Parallax Medical.
`8 Q. Please refer to Column 1, lines 62 to
`9 67, Dr. Jensen, and specifically starting at line
`10 60 with respect to a 1 cc syringe, and please take
`11 a look at that, those three lines there, Dr.
`12 Jensen.
`13 And just for the court reporter, it
`14 says, "Of course, the use of a small barrel
`15 syringe, e.g., a 1 cc syringe, enables the user to
`16 generate higher driving pressures, for example,
`17 pressures at 800 psi and possibly as high as 1000
`18 to 1200 psi."
`19 Do you agree with the statements
`20 regarding delivery pressure from a 1 cc syringe in
`21 vertebroplasty as discussed by your co-founder,
`22 Dr. Howard Preissman, in the patent in question
`23 assigned to Parallax?
`24 MS. FRANTZEN: Objection to the form,
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`1 lack of foundation.
`2 A. Well, I don't remember being involved in
`3 the actual benchtop testing, so I really can't,
`4 and I don't see a reference here, so I really
`5 don't agree that I can say that I agree to this.
`6 MR. DAVITZ: Thank you. Label this,
`7 please.
`8 (Orthophoenix Exhibit 2010 was marked
`9 for identification and tendered to the
`10 witness.)
`11 BY MR. DAVITZ:
`12 Q. Are you familiar with this reference,
`13 the Hayward reference, which is labeled Stryker on
`14 the lower right-hand side, Stryker Exhibit 1011?
`15 A. Yes.
`16 Q. You stated in your declaration that
`17 Hayward discloses a mean maximum pressure of a 1
`18 cc syringe is about 360 psi; is this correct?
`19 MS. FRANTZEN: I object to the form.
`20 A. That is what this paper states, yes.
`21 Q. What types of tissues are injected in
`22 Hayward?
`23 A. They were injecting connective tissue,
`24 which was dense.
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`1 Q. What types of solutions are injected in
`2 Hayward?
`3 A. I believe it was fluid.
`4 MS. FRANTZEN: I think the witness
`5 answered the question.
`6 MR. DAVITZ: I was just going to check
`7 that. I thought you were checking to take a look
`8 at the specific type of fluid. That's what I was
`9 just waiting for.
`10 MS. FRANTZEN: Oh, sorry.
`11 MR. DAVITZ: No problem. Not an issue.
`12 BY THE WITNESS:
`13 A. That looks like they used lidocaine.
`14 BY MR. DAVITZ:
`15 Q. Is the viscosity of PMMA different from
`16 the fluid that was injected in the Hayward
`17 reference, the, as you just stated, lidocaine?
`18 A. It depends upon how you mix the cement.
`19 It depends upon where the cement is in its curing
`20 process. Cement can be very thin or very thick or
`21 anywhere in between.
`22 Q. If the viscosity of the material being
`23 injected is different, will the pressure of
`24 delivery of the injection differ?
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`1 MS. FRANTZEN: I object to the form.
`2 A. Well, it may take more pressure to push
`3 a more viscous material, but in vertebroplasty,
`4 often the rate limiting issue is the density of
`5 the bone.
`6 Q. So will the pressure be higher or lower
`7 if the viscosity is greater than what is shown in
`8 Hayward, so if the viscosity is higher, will the
`9 rate delivery pressure be higher?
`10 MS. FRANTZEN: I object to the form.
`11 A. It may be, but it also depends upon the
`12 flow rate you are trying to achieve. In other
`13 words, there are multiple factors that affect the
`14 pressure.
`15 Q. Please turn to Page 381. In that -- I'm
`16 sorry. In that one -- I apologize -- it's labeled
`17 Stryker Exhibit Page 3. The Journal reference is
`18 381 in the upper right-hand corner, and the
`19 paragraph starts with -- the title on the right-
`20 hand side is "Results."
`21 A. Yes.
`22 Q. Okay, great. Thank you. Sorry. All
`23 right. Please read the paragraph, and when you
`24 finish, please let me know.
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`1 A. The entire "Results" section?
`2 Q. No. Just the first paragraph, please.
`3 (Witness peruses the document.)
`4 A. Okay.
`5 Q. Thank you. Do you agree with the
`6 statement at the end of the paragraph, "Thus, the
`7 1 mL and 3 mL syringes consistently generated high
`8 levels of pressure (300 to 600 psi) while the 5,
`9 10, 20 and 60 mL syringes generated markedly lower
`10 levels of pressure"?
`11 MS. FRANTZEN: I object to the form,
`12 lack of foundation.
`13 A. Well, this is what they show in their
`14 table. Obviously I wasn't there while they were
`15 doing it, so I can't speak to that, but basically
`16 the point that's being made is that the pressure
`17 drops the higher the volume of the syringes.
`18 Q. Thank you.
`19 (Orthophoenix Exhibit 2011 was marked
`20 for identification and tendered to the
`21 witness.)
`22 MR. DAVITZ: Got it?
`23 MS. FRANTZEN: Yes. Thank you.
`24 BY MR. DAVITZ:
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`1 Q. This is the -- labeled Stryker Exhibit
`2 1003. Are you familiar with this reference, Dr.
`3 Jensen? Have you seen this?
`4 A. Yes.
`5 Q. In your declaration you state that -- in
`6 Paragraph 40 of your declaration you state that as
`7 discussed further -- if you want me to wait, I
`8 will be happy to.
`9 A. Fine.
`10 Q. Okay. I just wanted to make sure that's
`11 okay.
`12 In Paragraph 40 of your declaration you
`13 state that "As discussed further below, many
`14 applications used, for example, syringes with a
`15 volume of 1 cc or greater, resulting in delivery
`16 pressures less than 360 psi. See, for example,
`17 e.g., Exhibit 1003, Deramond 287," 285, 287, the
`18 pages.
`19 Is there any mention of pressure in the
`20 pages of Deramond you refer to in your
`21 declaration, Dr. Jensen?
`22 MS. FRANTZEN: I object to the form of
`23 the question.
`24 THE WITNESS: But I can answer?
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`1 BY MR. DAVITZ:
`2 Q. Is there any mention of -- is there any
`3 mention of pressure or psi limitations in the --
`4 and I'm happy to rephrase it.
`5 Is there any mention of pressure or psi
`6 limitations with respect to the syringes in the
`7 pages of -- that are mentioned in the declaration?
`8 A. The Deramond article --
`9 Q. The Deramond article.
`10 A. -- does not discuss --
`11 MS. FRANTZEN: Can I just raise an
`12 objection?
`13 MR. DAVITZ: Sure.
`14 MS. FRANTZEN: Are you asking whether
`15 there is mention of pressure in the declaration or
`16 in the Deramond article?
`17 MR. DAVITZ: I'm sorry. I apologize for
`18 any unclarity there.
`19 No. I was asking in the Deramond -- in
`20 the Deramond article, in the Deramond article that
`21 was referred to in Dr. Jensen's declaration was
`22 there any mention of pressure, psi, in those
`23 pages.
`24 BY THE WITNESS:
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`1 A. There was no mention of pressure
`2 measurement in the paper.
`3 BY MR. DAVITZ:
`4 Q. Thank you. What types of materials were
`5 injected into the vertebra in Deramond?
`6 A. Polymethylmethacrylate. We will call it
`7 PMMK.
`8 Q. For the purposes of the declaration and
`9 with reference to the specific reference to the
`10 Deramond article, paper, did you experimentally
`11 determine the pressure of delivery when cement was
`12 injected in 2 or 3 cc syringes under the
`13 conditions shown in Deramond in a vertebroplasty
`14 situation?
`15 MS. FRANTZEN: I object to the form.
`16 A. Did I personally do experiments? Is
`17 that the question?
`18 Q. Yes, ma'am.
`19 A. No.
`20 Q. Did you do any calculations -- for the
`21 purpose of the declaration, did you do any
`22 calculations to determine what delivery pressures
`23 would be present in the injection shown under the
`24 conditions in Deramond as cited in your
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`1 declaration?
`2 MS. FRANTZEN: I object to the form.
`3 A. No.
`4 (Orthophoenix Exhibit 2012 was marked
`5 for identification and tendered to the
`6 witness.)
`7 BY MR. DAVITZ:
`8 Q. In Paragraph 165 of your declaration you
`9 refer to Exhibit 1013, the Draenert patent
`10 application. Are you familiar with this, this
`11 patent, Dr. Jensen?
`12 A. Yes.
`13 Q. Did you review the type of injection
`14 device that was used in Exhibit -- in the Draenert
`15 patent?
`16 MS. FRANTZEN: I object to the form.
`17 A. I looked at the drawings.
`18 Q. What type of device is used to inject
`19 cement at the -- in the Draenert patent?
`20 A. Well, according to the abstract, the
`21 invention relates to a device and process for
`22 mixing and applying bone cement, and the device
`23 comprises a sealable container wherein the bone
`24 cement prior to its application is pre-pressurized
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`(866) 448 - DEPO www.CapitalReportingCompany.com © 2015
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`ORTHOPHOENIX EXHIBIT 2020
`STRYKER CORPORATION v. ORTHOPHOENIX, LLC
`IPR2014-01433 Page 19 of 79
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`Jensen, M.D., Mary E. 05-01-2015
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`1 at an adjustable pressure and from which it is
`2 subsequently applied at a controlled pressure.
`3 Q. Thank you. Does the Draenert -- does
`4 the device shown in Draenert have a nozzle?
`5 MS. FRANTZEN: I object to the form.
`6 A. It discloses a gun-like device. I would
`7 have to go back and re-read the patent to see if
`8 any one of these numbers is referred to as a
`9 nozzle.
`10 Q. Yes, absolutely. Thank you.
`11 If you'd please turn to Column 2. Okay.
`12 Right, Column 2, lines 27 and to lines 38, and it
`13 starts, the paragraph starts that "While it is
`14 possible to build up some pressure by means of a
`15 nozzle, for example..."
`16 The paragraph states with such -- in
`17 part with such a nozzle it is not possible to
`18 control the pressure during an application.
`19 Another disadvantage of the nozzle is the so-
`20 called toothpaste phenomena with the emerging bone
`21 cement piles up like sausages.
`22 Therefore, doesn't Draenert recommend
`23 against using a nozzle in this paragraph?
`24 MS. FRANTZEN: I object to the form.
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`(866) 448 - DEPO www.CapitalReportingCompany.com © 2015
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`ORTHOPHOENIX EXHIBIT 2020
`STRYKER CORPORATION v. ORTHOPHOENIX, LLC
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`Capital Reporting Company
`Jensen, M.D., Mary E. 05-01-2015
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`1 A. Well, first of all, I would need to read
`2 the entire Column 2 to see exactly what they are
`3 referring to because there is an article from the
`4 Journal of Bone and Joint, which I don't have to
`5 read.
`6 It does say that while it is possible to
`7 build up some pressure in the cement by means of a
`8 nozzle as, for instance, described in -- and I
`9 don't know what DE-A-28 14 353 is -- this is not
`10 so when applied to bone as the resistance of the
`11 nozzle reduces the pressure almost completely.
`12 That makes it sound like that the nozzle
`13 reduces the pressure to a very low pressure, and
`14 it says with such a nozzle it is not possible to
`15 control the pressure during application, but they
`16 don't have a reference there. So, I'm not really
`17 certain what experiment they are referencing that
`18 substantiates their claim.
`19 Q. Understood. Thank you.
`20 Please refer to the same column in the
`21 patent, somewhat further down on that column which
`22 will be lines approximately 63 to 60- -- to the
`23 end of the column, 68.
`24 A. Okay.
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`(866) 448 - DEPO www.CapitalReportingCompany.com © 2015
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`ORTHOPHOENIX EXHIBIT 2020
`STRYKER CORPORATION v. ORTHOPHOENIX, LLC
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`Jensen, M.D., Mary E. 05-01-2015
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`1 Q. And it states, the paragraph starts out
`2 -- I'm sorry -- the sentence starts out, "However,
`3 none of these known syringes fulfills these
`4 requirements, nor does any of these offer the
`5 possibility of closing the cement container in
`6 such a way that cement can be exposed to high
`7 pressures."
`8 If you could just take a second, please,
`9 and just read that, those three or four sentences.
`10 (Witness peruses the document.)
`11 A. So, in this particular paragraph, the
`12 way I'm reading it, without having an opportunity
`13 to completely study it in the context of your
`14 question, they are talking about devices that
`15 actually mix two materials together to diminish
`16 the volume of enclosed air, thus improving the
`17 mechanical strength of the bone cement; and then
`18 they go on to talk about commercial syringes and
`19 they say that the piston must not tightly seal the
`20 cylinder holding the bone cement or that the air
`21 above the cement is not pressed into the cement.
`22 Now, in the vertebroplasty procedure the
`23 air is completely purged from the syringe, so the
`24 1 cc luer-lock syringe is filled from the back end
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`(866) 448 - DEPO www.CapitalReportingCompany.com © 2015
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`ORTHOPHOENIX EXHIBIT 2020
`STRYKER CORPORATION v. ORTHOPHOENIX, LLC
`IPR2014-01433 Page 22 of 79
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`Jensen, M.D., Mary E. 05-01-2015
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`1 and the air is purged and there is no cement/air
`2 interface in that particular syringe. So, I'm not
`3 certain if -- exactly what it is you are --
`4 Q. The question is, does this paragraph
`5 indicate that Draenert recommends against the use
`6 of -- the use of types of commercial syringes?
`7 MS. FRANTZEN: I object to the form.
`8 A. Well, it says that none of the known
`9 syringes fulfills the requirement, nor does any of
`10 these offer the possibility of closing the cement
`11 container in such a way that cement can be exposed
`12 to high pressures. So, where the ends of these
`13 syringes are sealable, these syringes all present
`14 the problem enclosing air at both ends.
`15 But again, in the way that
`16 vertebroplasty is described in the literature,
`17 there is no air in the syringe, and the issue with
`18 air being in the syringe is air is compressible,
`19 much more compressible than cement, so you do have
`20 less control if there is air in the syringe.
`21 But I'm not quite certain how this
`22 relates to vertebroplasty and the way it's
`23 practiced, so I can't really answer your question.
`24 Q. That's fine. Thank you.
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`(866) 448 - DEPO www.CapitalReportingCompany.com © 2015
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`ORTHOPHOENIX EXHIBIT 2020
`STRYKER CORPORATION v. ORTHOPHOENIX, LLC
`IPR2014-01433 Page 23 of 79
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`Jensen, M.D., Mary E. 05-01-2015
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`1 (Orthophoenix Exhibit 2013 was marked
`2 for identification and tendered to the
`3 witness.)
`4 BY MR. DAVITZ:
`5 Q. Just providing you with Stryker Exhibit
`6 1005, M?ller Injector for Bone Cement U.S. Patent
`7 4,576,152. Are you familiar with this patent?
`8 A. Yes.
`9 Q. You also have referred to the M?ller
`10 exhibit or the M?ller patent in your declaration,
`11 Paragraph 40 of your declaration. I will wait
`12 while you get there.
`13 Is there any specific mention in M?ller
`14 of delivery pressures of cement into bone in the
`15 sections that were cited in your declaration? And
`16 just to clarify, so in other words, the question
`17 is -- is that is there any mention of delivery
`18 pressure psi in M?ller that Dr. Jensen -- that she
`19 referred to it in her declaration or she referred
`20 to in her declaration the M?ller exhibit? Is
`21 there any specific reference of pressure in the
`22 M?ller exhibit?
`23 A. As in an actual --
`24 MS. FRANTZEN: I will object to the
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`(866) 448 - DEPO www.CapitalReportingCompany.com © 2015
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`ORTHOPHOENIX EXHIBIT 2020
`STRYKER CORPORATION v. ORTHOPHOENIX, LLC
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`1 form.
`2 A. As an actual number?
`3 Q. Correct.
`4 A. I do not see a number associated with
`5 pounds per square inch.
`6 Q. Thank you.
`7 (Orthophoenix Exhibit 2014 was marked
`8 for identification and tendered to the
`9 witness.)
`10 THE REPORTER: 2014.
`11 BY MR. DAVITZ:
`12 Q. I'm providing you with Stryker Exhibit
`13 1014, which is U.S. Patent 4,892,550 to inventor -
`14 - I don't know how to pronounce -- Huebsch, the
`15 endoprosthesis device and method.
`16 Are you familiar with this patent, Dr.
`17 Jensen?
`18 A. Yes.
`19 Q. What item or what portion of what's
`20 shown in the exhibit is being pressurized in this,
`21 in this device?
`22 MS. FRANTZEN: I object to the form.
`23 A. It's a bladder surrounding the
`24 prosthetic device which is basically interfaced
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`(866) 448 - DEPO www.CapitalReportingCompany.com © 2015
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`ORTHOPHOENIX EXHIBIT 2020
`STRYKER CORPORATION v. ORTHOPHOENIX, LLC
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`1 between the prosthetic device and the bone.
`2 Q. And where is this bladder, the
`3 endoprosthesis bladder being inserted?
`4 A. Excuse me.
`5 Q. Not a problem.
`6 A. It looks as if the, as I said, the
`7 bladder is in between the prosthetic device and
`8 the bone itself. I don't know the -- I will say
`9 number 13 seems to be pointing to the bone, number
`10 14 seems to be pointing to the device, and the
`11 needle, number 43, is apparently within the
`12 bladder and the bladder is being pressurized.
`13 Q. And what bone is the endoprosthesis
`14 being inserted into?
`15 A. It looks like it is in the femur.
`16 Q. And where is the pressure in Huebsch,
`17 the exhibit, being measured? Is it the -- where,
`18 to your knowledge, is the pressure being measured?
`19 MS. FRANTZEN: I object to the form.
`20 A. Well, it looks like the little pressure
`21 measurement gauge is attached to the end of the
`22 needle, which is inserted in the bladder.
`23 Q. Thank you.
`24 A. Again, I would need to sit and --
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`(866) 448 - DEPO ww
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