UNITED STATES DISTRICT COURT
`
`NORTHERN DISTRICT OF INDIANA
`
`FOUR MILE BAY LLC,
`
`)
`
`Plaintiff,
`
`v.
`ZINIMER HOLDINGS, INC., ZIMMER
`
`DENTAL INC.,
`
`Defendants.
`
`;
`i Case No. 3:14-cv-1300 JVB-JEM
`i
`
`)
`
`i
`
`FOUR MILE BAY’S PROPOSED CONSTRUCTIONS
`
`AND SUPPORTING INTRINSIC EVIDENCE
`
`Pursuant to Local Patent Rule 4-1(b), Plaintiff Four Mile Bay provides the following
`
`proposed claim constructions and supporting references to intrinsic evidence, all of which
`
`may be found within the patent-in-suit, US. Patent No. 8,684,734 (hereinafter, “‘734”):
`
`A metal structure that is porous
`Porous metal structure that is
`uniform (‘734, 13:55-56 (Claim throughout
`1).)
`
`‘734, 2:56-58, 3:1-2, 3:39-46
`
`Figs. 1, 2, 3, 4, 5, 6, & 7
`
`. to
`.
`Porous body is made .
`have a uniform porosity (‘734,
`14:46-47 (Claim 8).)
`
`The porous body is made to
`include a structure that is
`porous throughout
`
`‘734, 256-58, 3:1-2, 3:39-46
`
`Figs. 1, 2, 3, 4, 5, 6, & 7
`
`
`
`Porous body having a uniform Porous body having a structure
`porosity (‘ 734, 15:9—10 (Claim
`that is porous throughout
`14).)
`
`‘734, 2:56-58, 3: 1-2, 3:39-46
`
`Figs. 1, 2, 3, 4, 5, 6, & 7
`
`Uniform porous metal structure A metal structure that is porous
`(‘734, 16:5 (Claim 20); id.,
`throughout
`16:32 (Claim 25); ’21., 16:58-59
`(Claim 27).)
`
`‘734, 2:56-58, 3: 1-2, 3:39-46
`
`Figs. 1, 2, 3, 4, 5, 6, & 7
`
`Shaped“ ——
`
`my“ ——
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`Page 1 0f 6
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`ZIMMER EXHIBIT 1005
`
`Page 1 of 6
`
`ZIMMER EXHIBIT 1005
`
`
`
`NORTHERN DISTRICT OF INDIANA
`
`FOUR MILE BAY LLC,
`
`)
`
`Plaintiff,
`
`v.
`ZINIMER HOLDINGS, INC., ZIMMER
`
`DENTAL INC.,
`
`Defendants.
`
`;
`i Case No. 3:14-cv-1300 JVB-JEM
`i
`
`)
`
`i
`
`FOUR MILE BAY’S PROPOSED CONSTRUCTIONS
`
`AND SUPPORTING INTRINSIC EVIDENCE
`
`Pursuant to Local Patent Rule 4-1(b), Plaintiff Four Mile Bay provides the following
`
`proposed claim constructions and supporting references to intrinsic evidence, all of which
`
`may be found within the patent-in-suit, US. Patent No. 8,684,734 (hereinafter, “‘734”):
`
`A metal structure that is porous
`Porous metal structure that is
`uniform (‘734, 13:55-56 (Claim throughout
`1).)
`
`‘734, 2:56-58, 3:1-2, 3:39-46
`
`Figs. 1, 2, 3, 4, 5, 6, & 7
`
`. to
`.
`Porous body is made .
`have a uniform porosity (‘734,
`14:46-47 (Claim 8).)
`
`The porous body is made to
`include a structure that is
`porous throughout
`
`‘734, 256-58, 3:1-2, 3:39-46
`
`Figs. 1, 2, 3, 4, 5, 6, & 7
`
`
`
`Porous body having a uniform Porous body having a structure
`porosity (‘ 734, 15:9—10 (Claim
`that is porous throughout
`14).)
`
`‘734, 2:56-58, 3: 1-2, 3:39-46
`
`Figs. 1, 2, 3, 4, 5, 6, & 7
`
`Uniform porous metal structure A metal structure that is porous
`(‘734, 16:5 (Claim 20); id.,
`throughout
`16:32 (Claim 25); ’21., 16:58-59
`(Claim 27).)
`
`‘734, 2:56-58, 3: 1-2, 3:39-46
`
`Figs. 1, 2, 3, 4, 5, 6, & 7
`
`Shaped“ ——
`
`my“ ——
`
`Page 1 0f 6
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`ZIMMER EXHIBIT 1005
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`Page 1 of 6
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`ZIMMER EXHIBIT 1005
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`
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`Polygonal external surface
`
`No construction necessary
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`No construction necessary
`
`No construction necessary
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`No construction necessary
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`No construction necessary
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`No construction necessary
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`No construction necessary
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`No construction necessary
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`No construction necessary
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`No construction necessary
`
`The porous metal structure
`completely surrounds and
`engages an exterior surface of
`the elongated protrusion that
`extends into the porous body
`The interconnected porous
`structure surrounds and
`engages the elongated
`protrusion that extends into the
`opening of the
`porous body
`The interconnected porous
`structure surrounds and
`engages an exterior surface of
`the elongated polygon that
`extends into the porous body
`The porous metal structure
`surrounds and engages an
`exterior surface of the
`elongated protrusion that
`extends into the bone
`fixation body
`The porous metal structure
`surrounds and engages the
`polygonal external surface that
`extends into the porous body
`The porous body is not a
`coating but is made separately
`from the coronal body and then
`attached to the coronal body at
`the interface
`The porous body is made
`separately from the coronal
`body to have a uniform
`porosity and subsequently
`attached to the coronal body at
`the interface
`The porous body is made
`separately from the coronal
`body and then attached to the
`coronal body at the interface
`The bone fixation body is made
`separately from the coronal
`body to have a uniform porous
`metal structure and then
`attached to the coronal body at
`the interface
`
`
`
`2
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`Page 2 of 6
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`No construction necessary
`
`No construction necessary
`
`No construction necessary
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`No construction necessary
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`No construction necessary
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`
`
`Fabricating, separately from the
`coronal body, a porous body
`. . . and attaching, after the
`porous body is separately
`fabricated from the coronal
`body, the porous body to the
`coronal body
`Forming, separately from the
`coronal body, a porous body . .
`. and engaging, after the
`coronal body and the porous
`body are separately formed
`from each other, the porous
`body to the
`coronal body
`The circular shape of the
`coronal body at the interface
`and the circular shape of the
`porous body at the interface
`include one of a shape of a
`circle and a shape of an oval
`The elongated protrusion
`increases an engaging interface
`between the coronal body and
`the porous body since the
`coronal body engages the
`porous body at the exterior
`surface of the elongated
`protrusion that extends into the
`porous body and at the
`interface where the solid metal
`of the circular shape of the
`coronal body interfaces with
`the porous metal structure of
`the circular shape of the porous
`body
`The elongated protrusion
`increases an interface between
`the coronal body and the
`porous body since the coronal
`body engages the porous body
`at the exterior surface of the
`elongated polygon that extends
`into the porous body and at the
`interface where the solid metal
`of the circular shape of the
`coronal body interfaces with
`the interconnected porous
`structure of the circular shape
`of the porous body
`
`
`
`3
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`Page 3 of 6
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`
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`The elongated protrusion . . .
`increases an interface between
`the coronal body and the bone
`fixation body
`The porous body has a size and
`shape that emulate a size and
`shape of natural human bone
`The porous body has a porous
`structure that emulates a
`porous structure of natural
`human bone
`The porous metal structure of
`the bone fixation body emulates
`a porous structure of natural
`human bone
`The porous body has a
`structure that emulates a
`structure of
`natural human bone
`Octagon
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`No construction necessary
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`No construction necessary
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`No construction necessary
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`No construction necessary
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`No construction necessary
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`No construction necessary
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`4
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`Page 4 of 6
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`
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`Date: January 30, 2015
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`Respectfully,
`
` /s/ Stephen C. Jarvis
`Matthew M. Wawrzyn
`Stephen C. Jarvis
`WAWRZYN LLC
`233 S. Wacker Dr., 84th Fl.
`Chicago, IL 60606
`(312) 283-8330 (Ph.)
`matt@wawrzynlaw.com
`stephen@wawrzynlaw.com
`
`Joseph J. Siprut
`SIPRUT PC
`17 N. State St., Suite 1600
`Chicago, IL 60602
`(312) 236-0000 (Ph.)
`jsiprut@siprut.com
`
`Counsel for Four Mile Bay LLC
`
`5
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`Page 5 of 6
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`
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`CERTIFICATE OF SERVICE
`
`Pursuant to Rule 5(b)(2)(E) of the Federal Rules of Civil Procedure, the undersigned
`
`attorney certifies that on January 30, 2015, a true and correct copy of the foregoing was
`
`served via email on the below counsel for Defendants Zimmer Holdings, Inc. and Zimmer
`Dental Inc. pursuant to the Parties’ written agreement. (See Dkt. 16 ¶ 6(e).)
`
`
`
`Daniel M Lechleiter
`Faegre Baker Daniels LLP
`300 N Meridian St Suite 2700
`Indianapolis, IN 46204-1782
`317-237-0300
`daniel.lechleiter@FaegreBD.com
`
`Kenneth Liebman
`Faegre Baker Daniels LLP
`2200 Wells Fargo Center
`90 South Seventh St
`Minneapolis, MN 55402
`612-766-7000
`ken.liebman@FaegreBD.com
`
`Trenton Morton
`Faegre Baker Daniels LLP
`111 E Wayne Street
`Suite 800
`Fort Wayne, IN 46802
`260-460-1799
`trenton.morton@FaegreBD.com
`
`
`
`Date: January 30, 2015
`
`
`/s/ Stephen C. Jarvis
`
`
`
`
`
`
`
`6
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`Page 6 of 6
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`
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