U.S. PATENT NO. 5,099,531
`
`I. Claims 8, 9, 107, 109 and 111
`vs.
`U.S. Patent No. 5,609,635 (EX1004)1
`and
`U.S. Patent No. 5,522,899(EX1005)2
`
`II. Claims 46 and 49
`vs.
`U.S. Patent No. 5,609,635 (EX1004)
`and
`U.S. Patent No. 5,522,899(EX1005)
`and
`U.S. Patent No. 4,904, 261(EX1006)3
`
`
`
`
`
`
`
`1 U.S. Patent no. 5,609,635 to Michelson entitled, “Lordotic Interbody Spinal
`Fusion Implants” is hereafter referred to as “Michelson ‘635” or “the ‘635 patent.”
`2 U.S. Patent no. 5,522,899 to Michelson entitled, “Artificial Spinal Fusion
`Implants” is hereafter referred to as “Michelson ‘899” or “the ‘899 patent.”
`3 U.S. Patent no. 4,904,261 to Dove et al. entitled, “Spinal Implants” is hereafter
`referred to as “Dove” or “the ‘261 patent.”
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`GLOBUS MEDICAL, INC.
`EXHIBIT 1009
`IPR2015-to be assigned
`(Globus v. Bonutti)
`
`1 of 20
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`‘531 patent Claim 8 vs. the ‘635 patent and the ‘899 patent
`
`The ‘635 patent (EX1004) discloses:
`• The present invention is directed to interbody spinal fusion
`implants having a structural configuration that provides for the
`maintaining and creating of the normal anatomic angular
`relationship of two adjacent vertebrae of the spine to maintain
`and create spinal lordosis. EX1004 at Abstract.
`• The spinal fusion implants of the present invention are sized to
`fit within the disc space created by the removal of disc
`material between two adjacent vertebrae and conform wholly
`or in part to the disc space created. Id.
`• See, e.g., FIGs. 1, 3 and 7A.
`
`A method of
`changing a
`spatial
`relationship
`between first
`and second
`bones which
`are
`interconnected
`at a joint in a
`patient's body,
`said method
`comprising the
`steps of
`
`
`• The spinal fusion implants of the
`present invention have upper and
`lower surfaces that form a
`support structure for bearing
`against the end plates of the
`adjacent vertebrae. EX1004 at
`Abstract.
`• The angular relationship of the upper and lower surfaces 112
`and 114 places and maintains the vertebrae adjacent to those
`surfaces in an angular relationship, creating and maintaining
`the desired lordosis of the spine. EX1004 at 6:30-34.
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`forming an opening in
`a portion of the
`patient's body to
`expose the joint
`interconnecting the
`first and second bones,
`
`The ‘635 patent (EX1004) discloses:
`• The present invention is directed to interbody spinal
`fusion implants having a structural configuration that
`provides for the maintaining and creating of the
`normal anatomic angular relationship of two adjacent
`vertebrae of the spine to maintain and create spinal
`lordosis. EX1004 at Abstract.
`
`The ‘899 patent (EX1005) discloses:
`• The ‘899 patent is a continuation of Serial no.
`08/263,952. EX1005 at 1:3-4.
`• Referring to FIGS. 1 through 5 an implant for use in
`the disc space and associated apparatus used for
`inserting the implant 10 is shown. EX1005 at 7:38-40
`and FIGs. 3, 4, 4a, 5 and 5a.
`• For an anterior cervical device implantation, a short
`transverse incision is made across the front of the
`neck and to the right of the midline directly over the
`diseased disc… exposing the anterior aspect of the
`cervical spine… The adjacent vertebral endplates are
`gently scraped free of any remaining cartilage until
`diffuse fine punctuate decortication is achieved… The
`safety driver is then utilized to insert the implant
`behind the anterior lips of the vertebrae. The wound is
`then closed in the routine manner. EX1005 at 5:59-
`6:10.
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`moving the
`second bone
`relative to the
`first bone,
`
`said step of
`moving the
`second bone
`relative to the
`first bone
`includes
`
` expanding at
`least a portion of
`the joint
`interconnecting
`the first and
`second bones by
`applying force
`against the first
`and second
`bones with a
`wedge member
`and
`
`pivoting the first
`bone about an
`axis which
`extends through
`the joint
`interconnecting
`the first and
`second bones,
`
`The ‘635 patent (EX1004) discloses:
`• The upper and lower surfaces are disposed in a converging
`angular relationship to each other such that the implants of
`the present invention have an overall "wedged-shape" in an
`elevational side view. EX1003 at Abstract and FIG. 3.
`• The implant 100 has an insertion
`end 120 and a trailing end 130.
`EX1004 at 7:4-5 and, e.g., FIG.
`3.
`• The modular implants may have
`a reduced size at their insertion
`end,… such that it then allows for a ramping up of the
`adjacent vertebrae relative to the implant as the implant is
`advanced forward into the disc space. EX1004 at 2:64-3:7.
`• The method of inserting the implant 100 is set forth in detail
`in application Ser. No. 08/263,952, incorporated herein by
`reference. The threaded end of a driving instrument is
`attached to the threaded opening 126 in the trailing end 120
`[sic] of the implant 100 and the fitting of the driving
`instrument into the depressed portion 124 prevents
`movement of the implant 100 in relationship to the driving
`instrument. The implant 100 is then placed at the entrance to
`the disc space between the two adjacent vertebrae V. The
`driver instrument is then tapped
`with a hammer sufficiently hard
`enough to drive the implant 100
`into the disc space. Id. at 7:46-
`56.
`• Referring to FIG. 7A, a side
`elevational view of the lateral
`aspect of a segment of the spinal
`column S is shown with the
`implant 100 inserted in the disc
`space D2 between two adjacent
`vertebrae V2 and V3. The
`implant 100 is inserted in the
`direction of arrow A into the
`disc space D2 and maintains the
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`two vertebrae V2 and V3 in angular relationship to each
`other such that the natural lordosis of that segment of the
`spinal column S is restored. Id. at 8:8-15 and FIG. 7A.
`
`The ‘899 patent (EX1005) discloses:
`• Referring to FIGS. 1 through 5 an implant for use in the disc
`space and associated apparatus used for inserting the
`implant 10 is shown. EX1005 at 7:38-40 and FIGs. 3, 4,
`4a, 5 and 5a.
`• Referring to FIGS. 4, 4a, 5 and 5a, the method of inserting
`the implant is shown. The threaded end 46 of the internal
`rod 42 of the driving member 30 is attached to the threaded
`opening 26 of the implant 10 by turning of the knob 44. Id.
`at 8:12-15.
`
`
`• FIG. 4 is a front perspective view showing the implant being
`driven into the disc space. Id. at 6:64-65 and FIG. 4.
`• The implant is then placed
`at the entrance to the disc
`space between the two
`adjacent vertebrae V. The
`knob 44 is then tapped with
`hammer H sufficiently hard
`enough to drive the implant
`10 into the disc space. The
`restriction members 47 and
`49 which are wider than the
`disc space, prevent over
`penetration of the implant. Id. at 8:20-25 and FIG. 5.
`
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`
`The ‘635 patent (EX1004) discloses:
`• The present invention is directed to interbody spinal fusion
`implants having a structural configuration that provides for
`the maintaining and creating of the normal anatomic angular
`relationship of two adjacent vertebrae of the spine to maintain
`and create spinal lordosis. EX1004 at Abstract.
`The ‘899 patent (EX1005) discloses:
`• Referring to FIGS. 1 through 5 an implant for use in the disc
`space and associated apparatus used for inserting the implant
`10 is shown. EX1005 at 7:38-40 and FIGs. 3, 4, 4a, 5 and
`5a.
`• For an anterior cervical device implantation, a short transverse
`incision is made across the front of the neck and to the right of
`the midline directly over the diseased disc… exposing the
`anterior aspect of the cervical spine… The adjacent vertebral
`endplates are gently scraped free of any remaining cartilage
`until diffuse fine punctuate decortication is achieved… The
`safety driver is then utilized to insert the implant behind the
`anterior lips of the vertebrae. The wound is then closed in the
`routine manner. EX1005 at 5:59-6:10.
`
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`closing the
`opening in the
`patient's body
`with at least a
`portion of the
`wedge member
`disposed
`between the first
`and second
`bones at the joint
`interconnecting
`the first and
`second bones,
`and,
`
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`
`thereafter,
`transmitting
`force between
`the first and
`second bones
`through the
`wedge member
`to maintain the
`joint in the
`expanded
`condition.
`
`The ‘635 patent (EX1004) discloses:
`• The present invention is directed to interbody spinal fusion
`implants having a structural configuration that provides for
`the maintaining and creating of the normal anatomic angular
`relationship of two adjacent vertebrae of the spine to maintain
`and create spinal lordosis. EX1004 at Abstract.
`• The spinal fusion implants of the present invention have upper
`and lower surfaces that form a support structure for bearing
`against the end plates of the adjacent vertebrae. Id.
`• The angular relationship of the upper and lower surfaces
`places and maintains the vertebrae adjacent to those surfaces
`in an angular relationship to each other, creating and
`maintaining the desired lordosis. Id.
`• The fusion enhancing material that is packed within the
`chamber 116 of the implant 10 serves to promote bone
`ingrowth between the implant 100 and the adjacent vertebrae.
`Once the bone ingrowth occurs, the implant 100 will be a
`permanent fixture preventing dislodgement of the implant as
`well as preventing any movement between the adjacent
`vertebrae. EX1004 at 7:32-38.
`
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`‘531 patent Claim 9 vs. the ‘635 patent and the ‘899 patent
`
`The ‘635 patent (EX1004)
`discloses:
`• See discussion re. claim 8, above.
`• The modular implants may have
`a reduced size at their insertion
`end,… such that it then allows
`for a ramping up of the
`adjacent vertebrae relative to
`the implant as the implant is
`advanced forward into the disc
`space. EX1004 at 2:64-3:7.
`• The implant 100 is then placed
`at the entrance to the disc space
`between the two adjacent
`vertebrae V. The driver
`instrument is then tapped with
`a hammer sufficiently hard
`enough to drive the implant
`100 into the disc space. Id. at
`7:46-56.
`
`A method as set
`forth in claim 8
`wherein said step
`of applying force
`against the first
`and second bones
`with the wedge
`member includes
`
`sliding a first
`surface on the
`wedge member
`along an outer
`side surface on the
`first bone and
`
`sliding a second
`surface on the
`wedge member
`along an outer
`side surface on the
`second bone while
`
`moving the wedge
`member into the
`joint without
`rotating the wedge
`member relative to
`the joint.
`
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`‘531 patent Claim 107 vs. the ‘635 patent and the ‘899 patent
`
`The ‘635 patent (EX1004) discloses:
`• See discussion re. claim 8, above.
`• The present invention is directed to interbody spinal fusion
`implants having a structural configuration that provides for
`the maintaining and creating of the normal anatomic angular
`relationship of two adjacent vertebrae of the spine to
`maintain and create spinal lordosis. EX1004 at Abstract.
`• The spinal fusion implants of the present invention are
`sized to fit within the disc space created by the removal
`of disc material between two adjacent vertebrae and
`conform wholly or in part to the disc space created. Id.
`• See, e.g., FIGs. 1, 3 and 7A.
`
`A method of
`changing a
`spatial
`relationship
`between first and
`second bones
`having
`longitudinal axes
`which extend
`through a joint
`in a patient's
`body, said
`method
`comprising the
`steps of
`
`
`• The spinal fusion implants of the
`present invention have upper and
`lower surfaces that form a
`support structure for bearing
`against the end plates of the
`adjacent vertebrae. EX1004 at
`Abstract.
`• The angular relationship of the upper and lower surfaces 112
`and 114 places and maintains the vertebrae adjacent to those
`surfaces in an angular relationship, creating and maintaining
`the desired lordosis of the spine. EX1004 at 6:30-34.
`
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`moving a wedge
`member into the
`joint,
`
`said step of
`moving the wedge
`member into the
`joint includes
`moving a leading
`end portion of the
`wedge member
`through the
`longitudinal
`central axis of the
`first bone and
`through the
`longitudinal
`central axis of the
`second bone, and
`
`moving the second
`bone relative to
`the first bone
`under the
`influence of force
`transmitted from
`the wedge member
`as the wedge
`member moves
`into the joint to
`change an angular
`relationship
`between the
`longitudinal
`central axes of the
`first and second
`
`The ‘635 patent (EX1004) discloses:
`• The implant 100 has an insertion
`end 120 and a trailing end 130.
`EX1004 at 7:4-5 and, e.g., FIG.
`3.
`• The modular implants may have
`a reduced size at their insertion
`end,… such that it then allows for a ramping up of the
`adjacent vertebrae relative to the implant as the implant is
`advanced forward into the disc space. EX1004 at 2:64-
`3:7.
`• The method of inserting the implant 100 is set forth in
`detail in application Ser. No. 08/263,952, incorporated
`herein by reference. The threaded end of a driving
`instrument is attached to the threaded opening 126 in the
`trailing end 120 [sic] of the implant 100 and the fitting of
`the driving instrument into the depressed portion 124
`prevents movement of the implant 100 in relationship to
`the driving instrument. The implant 100 is then placed at
`the entrance to the disc space between the two adjacent
`vertebrae V. The driver
`instrument is then tapped with a
`hammer sufficiently hard
`enough to drive the implant 100
`into the disc space. Id. at 7:46-
`56.
`• Referring to FIG. 7A, a side
`elevational view of the lateral
`aspect of a segment of the
`spinal column S is shown with
`the implant 100 inserted in the
`disc space D2 between two
`adjacent vertebrae V2 and V3.
`The implant 100 is inserted in
`the direction of arrow A into the
`disc space D2 and maintains the
`two vertebrae V2 and V3 in angular relationship to each
`other such that the natural lordosis of that segment of the
`spinal column S is restored. Id. at 8:8-15 and FIG. 7A
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`bones from a first
`angular
`relationship in
`which the
`longitudinal
`central axes of the
`first and second
`bones extend
`through the joint
`and are spaced
`from the wedge
`member to a
`second angular
`relationship in
`which the
`longitudinal
`central axes of the
`first and second
`bones extend
`through both the
`joint and the
`wedge member,
`
`said step of
`moving the second
`bone relative to
`the first bone
`includes applying
`force against a
`surface area on
`the first bone and
`against a surface
`area on the second
`bone with the
`wedge member as
`
`
`
`
`
`The ‘899 patent (EX1005) discloses:
`• The ‘899 patent is a continuation of Serial no. 08/263,952.
`EX1005 at 1:3-4.
`• Referring to FIGS. 1 through 5 an implant for use in the
`disc space and associated apparatus used for inserting the
`implant 10 is shown. EX1005 at 7:38-40 and FIGs. 3, 4,
`4a, 5 and 5a.
`• Referring to FIGS. 4, 4a, 5 and 5a, the method of inserting
`the implant is shown. The threaded end 46 of the internal
`rod 42 of the driving member 30 is attached to the
`threaded opening 26 of the implant 10 by turning of the
`knob 44. Id. at 8:12-15 and FIG. 4.
`
`
`
`• FIG. 4 is a front perspective view showing the implant
`being driven into the disc space. Id. at 6:64-65.
`• The implant is then placed
`at the entrance to the disc
`space between the two
`adjacent vertebrae V. The
`knob 44 is then tapped
`with hammer H
`sufficiently hard enough to
`drive the implant 10 into
`the disc space. The
`restriction members 47 and
`49 which are wider than
`the disc space, prevent over penetration of the implant. Id.
`at 8:20-25 and FIG. 5.
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`the wedge member
`moves into the
`joint.
`
`
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`

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`
`
`‘531 patent Claim 109 vs. the ‘635 patent and the ‘899 patent
`
`A method as set forth in claim
`107 wherein the step of
`moving the second bone
`relative to the first bone
`includes pivoting the second
`bone about an axis which
`extends through the joint in a
`direction transverse to the
`longitudinal central axes of
`the first and second bones.
`
`The ‘635 patent (EX1004) discloses:
`• See discussion re. claim 107, above.
`• Referring to FIG. 7A,… [t]he implant 100 is
`inserted in the direction of arrow A into the disc
`space D2 and maintains the two vertebrae V2 and
`V3 in angular relationship to each other such that
`the natural lordosis of that segment of the spinal
`column S is restored. EX1004 at 8:8-15 and
`FIG. 7A.
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`‘531 patent Claim 111 vs. the ‘635 patent and the ‘899 patent
`
`The ‘635 patent (EX1004)
`discloses:
`• See discussion re. claim 107,
`above.
`
`• The modular implants may
`have a reduced size at their
`insertion end,… such that it
`then allows for a ramping up of
`the adjacent vertebrae relative
`to the implant as the implant is
`advanced forward into the disc
`space. EX1004 at 2:64-3:7.
`• The implant 100 is then placed
`at the entrance to the disc space
`between the two adjacent
`vertebrae V. The driver
`instrument is then tapped with
`a hammer sufficiently hard
`enough to drive the implant
`100 into the disc space. Id. at
`7:46-56.
`
`
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`A method as set
`forth in claim 107
`wherein said step
`of applying force
`against the surface
`areas on the first
`and second bones
`with the wedge
`member includes
`
` sliding the wedge
`member along the
`surface on the first
`bone and sliding
`the wedge member
`along the surface
`on the second
`bone without
`rotating the wedge
`member relative to
`the joint.
`
`
`
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`

`
`
`
`‘531 patent Claim 46 vs. the ‘635 patent, the ‘899 patent and the ‘261 patent
`
`A method of
`changing a
`spatial
`relationship
`between first and
`second bones
`which are
`interconnected at
`a joint in a
`patient's body,
`said method
`comprising the
`steps of
`
`The ‘635 patent (EX1004) discloses:
`• See discussion re. claim 8 above.
`• The present invention is directed to interbody spinal fusion
`implants having a structural configuration that provides for
`the maintaining and creating of the normal anatomic angular
`relationship of two adjacent vertebrae of the spine to maintain
`and create spinal lordosis. EX1004 at Abstract.
`• The spinal fusion implants of the present invention are sized
`to fit within the disc space created by the removal of disc
`material between two adjacent vertebrae and conform wholly
`or in part to the disc space created. Id.
`• See, Id. at FIGs. 1, 3 and 7A.
`
`
`• The spinal fusion implants of the
`present invention have upper and
`lower surfaces that form a
`support structure for bearing
`against the end plates of the
`adjacent vertebrae. EX1004 at
`Abstract.
`• The angular relationship of the upper and lower surfaces 112
`and 114 places and maintains the vertebrae adjacent to those
`surfaces in an angular relationship, creating and maintaining
`the desired lordosis of the spine. EX1004 at 6:30-34.
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`15 of 20
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`
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`
`
`moving a wedge
`member into the
`joint between the
`first and second
`bones without
`rotating the
`wedge member
`and
`
`with a thin end
`portion of the
`wedge member
`leading and a
`thick end portion
`of the wedge
`member trailing,
`
`applying force
`against the first
`and second
`bones with the
`wedge member
`as the wedge
`member is
`moved into the
`joint to move the
`second bone
`from a first
`orientation
`relative to the
`first bone to a
`second
`orientation
`relative to the
`first bone,
`
`The ‘635 patent (EX1004) discloses:
`• The implant 100 has an insertion
`end 120 and a trailing end 130.
`EX1004 at 7:4-5 and, e.g., FIG.
`3.
`• The modular implants may have
`a reduced size at their insertion
`end,… such that it then allows for a ramping up of the
`adjacent vertebrae relative to the implant as the implant is
`advanced forward into the disc space. EX1004 at 2:64-3:7.
`• The method of inserting the implant 100 is set forth in detail
`in application Ser. No. 08/263,952, incorporated herein by
`reference. The threaded end of a driving instrument is
`attached to the threaded opening 126 in the trailing end 120
`[sic] of the implant 100 and the fitting of the driving
`instrument into the depressed portion 124 prevents
`movement of the implant 100 in relationship to the driving
`instrument. The implant 100 is then placed at the entrance to
`the disc space between the two adjacent vertebrae V. The
`driver instrument is then tapped
`with a hammer sufficiently hard
`enough to drive the implant 100
`into the disc space. Id. at 7:46-56.
`• Referring to FIG. 7A, a side
`elevational view of the lateral
`aspect of a segment of the spinal
`column S is shown with the
`implant 100 inserted in the disc
`space D2 between two adjacent
`vertebrae V2 and V3. The implant
`100 is inserted in the direction of
`arrow A into the disc space D2
`and maintains the two vertebrae
`V2 and V3 in angular relationship
`to each other such that the natural lordosis of that segment
`of the spinal column S is restored. Id. at 8:8-15 and FIG.
`7A.
`• The ‘635 patent teaches a variety of features that may be
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`used to provide a reliable and secure load path and securely
`hold the implant in position. Id. at 2:9-22, 3:57- 4:7, 6:34-
`44.
`
`The ‘899 patent (EX1005) discloses:
`• The ‘899 patent is a continuation of Serial no. 08/263,952.
`EX1005 at 1:3-4.
`• Referring to FIGS. 1 through 5 an implant for use in the disc
`space and associated apparatus used for inserting the
`implant 10 is shown. EX1005 at 7:38-40 and FIGs. 3, 4,
`4a, 5 and 5a.
`• Referring to FIGS. 4, 4a, 5 and 5a, the method of inserting
`the implant is shown. The threaded end 46 of the internal
`rod 42 of the driving member 30 is attached to the threaded
`opening 26 of the implant 10 by turning of the knob 44. Id.
`at 8:12-15.
`
`
`• FIG. 4 is a front perspective view showing the implant being
`driven into the disc space. Id. at
`6:64-65 and FIG. 4.
`• The implant is then placed at the
`entrance to the disc space between
`the two adjacent vertebrae V. The
`knob 44 is then tapped with
`hammer H sufficiently hard
`enough to drive the implant 10
`into the disc space. Id. at 8:20-25 and FIG. 5.
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`fixedly
`connecting the
`wedge member
`to at least one
`of the first and
`second bones
`with a fastener
`member, and
`
`The ‘261 patent (EX1006) discloses:
`• A spinal implant, e.g., to replace an excised disc, that
`comprises a rigid generally horseshoe shape of biocompatible
`material, such as carbon-fiber reinforced plastics, having
`upper and lower planar faces (10, 11) converging towards the
`ends (12) of the horseshoe, and at least one hole (13, 14)
`from each planar face (10, 11) emerging in the outer curved
`face (15) of the horseshoe, to enable the horseshoe to be
`fixed by screws inserted through one or more selected holes
`in each plurality (13, 14) from the ends in the outer curved
`face (15) into respective adjacent vertebrae. EX1006 at
`Abstract and FIGs. 1, 5 and 6.
`
`
`
`• The "horseshoe" spinal implant shown in the drawings is
`intended to be contained substantially within the confines of
`the anterior vertebral column and act as a spacer between
`adjacent vertebrae at the peripheries of the ends thereof
`which are structurally the strongest parts. EX1006 at 2:3-8.
`• The implant has upper and lower planar faces 10, 11
`respectively converging towards the ends 12 of the
`horseshoe, and pluralities of holes 13, 14 respectively are
`provided from each planar face (10, 11 respectively)
`emerging in the outer curved face 15 of the horseshoe, to
`enable the horseshoe to be fixed between adjacent vertebrae
`(not shown) as by fixation screws (not shown) inserted
`through one or more selected holes in each plurality, from the
`ends of the holes in the outer curved face 15 and into the
`respective vertebrae. EX1006 at 2:9-19.
`• Each hole 13, 14 has a shoulder 18 (between portions of
`slightly different diameter) against which the head of a screw
`can bear. EX1006 at 2:23-25.
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`transmitting
`force between
`the first and
`second bones
`through the
`wedge member
`while the second
`bone is in the
`second
`orientation
`relative to the
`first bone.
`
`The ‘635 patent (EX1004) discloses:
`• The present invention is directed to interbody spinal fusion
`implants having a structural configuration that provides for
`the maintaining and creating of the normal anatomic angular
`relationship of two adjacent vertebrae of the spine to maintain
`and create spinal lordosis. EX1004 at Abstract.
`• The spinal fusion implants of the present invention have upper
`and lower surfaces that form a support structure for bearing
`against the end plates of the adjacent vertebrae. Id.
`• The angular relationship of the upper and lower surfaces
`places and maintains the vertebrae adjacent to those surfaces
`in an angular relationship to each other, creating and
`maintaining the desired lordosis. Id.
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`‘531 patent Claim 49 vs. the ‘635 patent, the ‘899 patent and the ‘261 patent
`
`A method as set forth
`in claim 46 wherein
`said step of moving
`the wedge member
`into the joint
`between the first and
`second bones
`includes moving the
`wedge member
`along a path which
`extends between an
`end portion of the
`first bone and an end
`portion of the second
`bone and
`
`increasing a
`distance between a
`surface area on the
`end portion of the
`first bone and a
`surface area on the
`second bone under
`the influence of force
`transmitted from the
`wedge member to the
`end portions of the
`first and second
`bones.
`
`
`20204299.1
`
`
`
`The ‘635 patent (EX1004)
`discloses:
`• See discussion re. claim 46
`above.
`• The implant 100 has an
`insertion end 120 and a trailing end 130. EX1004 at
`7:4-5 and, e.g., FIG. 3.
`• The modular implants may have a reduced size at their
`insertion end,… such that it then allows for a ramping
`up of the adjacent vertebrae relative to the implant as the
`implant is advanced forward into the disc space.
`EX1004 at 2:64-3:7.
`• Referring to FIG. 7A, a side elevational view of the
`lateral aspect of a segment of the spinal column S is
`shown with the implant 100 inserted in the disc space D2
`between two adjacent vertebrae V2 and V3. The implant
`100 is inserted in the direction of arrow A into the disc
`space D2 and maintains the two vertebrae V2 and V3 in
`angular relationship to each
`other such that the natural
`lordosis of that segment of
`the spinal column S is
`restored. Id. at 8:8-15 and
`FIG. 7A.
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