Case 3:18-cv-00347-CAB-MDD Document 133-2 Filed 12/11/18 PageID.16147 Page 1 of 48
`
`APPENDIX B1B7
`
`NUVASIVE - EXHIBIT 2010
`Alphatec Holdings Inc. et al. v. NuVasive, Inc.
`IPR2019-00362
`
`
`
`APPENDIX B1B7
`
`NUVASIVE - EXHIBIT 2010
`Alphatec Holdings Inc. et al. v. NuVasive, Inc.
`IPR2019-00362
`
`
`
`Case 3:18-cv-00347-CAB-MDD Document 133-2 Filed 12/11/18 PageID.16148 Page 2 of 48
`
`APPENDIX B1
`JOINT CLAIM CONSTRUCTION WORKSHEET
`U.S. Patent No. 7,819,801
`
`AGREED
`PROPOSED
`CONSTRUCTION
`
`PLAINTIFF’S
`PROPOSED
`CONSTRUCTION
`“two or more sequential
`dilators”
`
`COURT’S
`CONSTRUCTION
`
`DEFENDANTS’
`PROPOSED
`CONSTRUCTION
`The term “plurality of
`sequential dilators”
`means “three or more
`sequential dilators.”
`
`PATENT CLAIM
`
`1. A system for accessing a
`surgical target site, comprising:
`
`a dilator system comprising a
`plurality of sequential dilators
`deliverable along a lateral, trans-
`psoas path to a targeted spinal site
`to create a distraction corridor;
`
`a handle assembly including a
`first pivotable arm member, a
`second pivotable arm member
`that pivots relative to said first
`arm member in response to
`manual adjustment of a
`component of the handle
`assembly, and a translating
`member adapted to move
`longitudinally relative to said first
`and second arm members;
`a first retractor blade having a
`generally concave inner-facing
`surface and being rigidly coupled
`to said first pivotable arm
`member prior to introduction
`JOINT CLAIM CONSTRUCTION WORKSHEET
`
`-1-
`
`3:18-CV-00347-CAB-MDD
`
`
`
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`
`AGREED
`PROPOSED
`CONSTRUCTION
`
`PLAINTIFF’S
`PROPOSED
`CONSTRUCTION
`
`DEFENDANTS’
`PROPOSED
`CONSTRUCTION
`
`COURT’S
`CONSTRUCTION
`
`PATENT CLAIM
`
`toward the targeted spinal site, a
`second retractor blade having a
`generally concave inner-facing
`surface and being rigidly coupled
`to said second pivotable arm
`member prior to introduction
`toward the targeted spinal site,
`and a third retractor blade rigidly
`coupled to said translating
`member prior to introduction
`toward the targeted spinal site;
`
`an intradiscal shim element that
`releasably mounts to the third
`retractor blade such that a
`maximum length of the
`intradiscal shim element extends
`generally parallel to a maximum
`length of the third retractor blade
`and a distal tip portion of the
`intradiscal shim element extends
`distally of the distal end of the
`third retractor blade, wherein the
`intradiscal shim element engages
`with a groove defined by the third
`retractor blade to penetrate into a
`spinal disc at the targeted spinal
`site when the intradiscal shim
`element is releasably mounted to
`the third retractor blade;
`
`JOINT CLAIM CONSTRUCTION WORKSHEET
`
`-2-
`
`3:18-CV-00347-CAB-MDD
`
`
`
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`
`AGREED
`PROPOSED
`CONSTRUCTION
`
`PLAINTIFF’S
`PROPOSED
`CONSTRUCTION
`
`DEFENDANTS’
`PROPOSED
`CONSTRUCTION
`
`COURT’S
`CONSTRUCTION
`
`PATENT CLAIM
`
`and said handle assembly being
`configured to simultaneously
`introduce said first, second and
`third retractor blades along the
`lateral, trans-psoas path toward
`the targeted spinal site in a closed
`position while the generally
`concave inner-facing surfaces of
`said first and second retractor
`blades engage with an outermost
`dilator of the dilator system and
`thereafter opened by pivoting said
`first and second pivotable arm
`members relative to one another
`to create an operative corridor to
`said surgical target site.
`
`6. The system of claim 1,
`wherein at least one of said
`plurality of sequential dilators
`is equipped with at least one
`stimulation electrode.
`
`15. The system of claim 1,
`wherein each of the plurality of
`sequential dilators includes a
`stimulation electrode at a distal
`region.
`
`16. The system of claim 15,
`
`JOINT CLAIM CONSTRUCTION WORKSHEET
`
`-3-
`
`3:18-CV-00347-CAB-MDD
`
`
`
`Case 3:18-cv-00347-CAB-MDD Document 133-2 Filed 12/11/18 PageID.16151 Page 5 of 48
`
`AGREED
`PROPOSED
`CONSTRUCTION
`
`PLAINTIFF’S
`PROPOSED
`CONSTRUCTION
`
`DEFENDANTS’
`PROPOSED
`CONSTRUCTION
`
`COURT’S
`CONSTRUCTION
`
`PATENT CLAIM
`
`further comprising a K-wire
`configured to be advanced to the
`targeted spinal site and to engage
`an annulus of said spinal disc at
`the targeted spinal site, wherein at
`least one of the plurality of
`sequential dilators are
`deliverable over the K-wire.
`
`1. A system for accessing a
`surgical target site, comprising:
`
`a dilator system comprising a
`plurality of sequential dilators
`deliverable along a lateral,
`trans-psoas path to a targeted
`spinal site to create a distraction
`corridor;
`
`a handle assembly including a
`first pivotable arm member, a
`second pivotable arm member
`that pivots relative to said first
`arm member in response to
`manual adjustment of a
`component of the handle
`assembly, and a translating
`member adapted to move
`longitudinally relative to said first
`and second arm members;
`a first retractor blade having a
`JOINT CLAIM CONSTRUCTION WORKSHEET
`
`These claim terms are
`limiting.
`
`Plain and ordinary
`meaning as understood by
`a person of skill in the art.
`
`Alternatively,
`“deliverable along a
`lateral, trans-psoas path
`to a targeted spinal site”
`means “deliverable to a
`targeted spinal site along
`an approach to the lumbar
`spine that (1) approaches
`from the patient’s lateral
`aspect (or side); and (2)
`goes through the psoas
`muscle.”
`
`Alternatively,
`
`-4-
`
`The term “deliverable
`along a lateral, trans-
`psoas path to a
`targeted spinal site”
`is language of intended
`use, recites no
`structural limitations,
`and, therefore, is not
`limiting.
`
`The term “configured
`to simultaneously
`introduce said first,
`second and third
`retractor blades
`along the lateral,
`trans-psoas path
`toward the targeted
`spinal site” is
`language of intended
`3:18-CV-00347-CAB-MDD
`
`
`
`Case 3:18-cv-00347-CAB-MDD Document 133-2 Filed 12/11/18 PageID.16152 Page 6 of 48
`
`COURT’S
`CONSTRUCTION
`
`DEFENDANTS’
`PROPOSED
`CONSTRUCTION
`use, recites no
`structural limitations,
`and, therefore, is not
`limiting.
`
`AGREED
`PROPOSED
`CONSTRUCTION
`
`PLAINTIFF’S
`PROPOSED
`CONSTRUCTION
`“configured to
`simultaneously
`introduce said first,
`second and third
`retractor blades along
`the lateral, trans-psoas
`path toward the targeted
`spinal site” means
`“configured to
`simultaneously introduce
`said first, second and third
`retractor blades toward the
`targeted spinal site along
`the approach to the lumbar
`spine that (1) approaches
`from the patient’s lateral
`aspect (or side); and (2)
`goes through the psoas
`muscle.”
`
`PATENT CLAIM
`
`generally concave inner-facing
`surface and being rigidly coupled
`to said first pivotable arm
`member prior to introduction
`toward the targeted spinal site, a
`second retractor blade having a
`generally concave inner-facing
`surface and being rigidly coupled
`to said second pivotable arm
`member prior to introduction
`toward the targeted spinal site,
`and a third retractor blade rigidly
`coupled to said translating
`member prior to introduction
`toward the targeted spinal site;
`
`an intradiscal shim element that
`releasably mounts to the third
`retractor blade such that a
`maximum length of the
`intradiscal shim element extends
`generally parallel to a maximum
`length of the third retractor blade
`and a distal tip portion of the
`intradiscal shim element extends
`distally of the distal end of the
`third retractor blade, wherein the
`intradiscal shim element engages
`with a groove defined by the third
`retractor blade to penetrate into a
`
`JOINT CLAIM CONSTRUCTION WORKSHEET
`
`-5-
`
`3:18-CV-00347-CAB-MDD
`
`
`
`Case 3:18-cv-00347-CAB-MDD Document 133-2 Filed 12/11/18 PageID.16153 Page 7 of 48
`
`AGREED
`PROPOSED
`CONSTRUCTION
`
`PLAINTIFF’S
`PROPOSED
`CONSTRUCTION
`
`DEFENDANTS’
`PROPOSED
`CONSTRUCTION
`
`COURT’S
`CONSTRUCTION
`
`PATENT CLAIM
`
`spinal disc at the targeted spinal
`site when the intradiscal shim
`element is releasably mounted to
`the third retractor blade;
`
`and said handle assembly being
`configured to simultaneously
`introduce said first, second and
`third retractor blades along the
`lateral, trans-psoas path toward
`the targeted spinal site in a
`closed position while the
`generally concave inner-facing
`surfaces of said first and second
`retractor blades engage with an
`outermost dilator of the dilator
`system and thereafter opened by
`pivoting said first and second
`pivotable arm members relative to
`one another to create an operative
`corridor to said surgical target
`site.
`
`1. A system for accessing a
`surgical target site, comprising:
`
`a dilator system comprising a
`plurality of sequential dilators
`deliverable along a lateral, trans-
`psoas path to a targeted spinal site
`to create a distraction corridor;
`JOINT CLAIM CONSTRUCTION WORKSHEET
`
`Consistent with the
`construction ordered by
`Judge Stark in the Globus
`Litigation: “fixed and
`immovably connected,
`that may be semi-
`permanently or detachably
`
`The term “rigidly
`coupled” means
`“fixed and immovably
`connected.”
`
`-6-
`
`3:18-CV-00347-CAB-MDD
`
`
`
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`
`AGREED
`PROPOSED
`CONSTRUCTION
`
`PLAINTIFF’S
`PROPOSED
`CONSTRUCTION
`connected.”
`
`DEFENDANTS’
`PROPOSED
`CONSTRUCTION
`
`COURT’S
`CONSTRUCTION
`
`PATENT CLAIM
`
`a handle assembly including a
`first pivotable arm member, a
`second pivotable arm member
`that pivots relative to said first
`arm member in response to
`manual adjustment of a
`component of the handle
`assembly, and a translating
`member adapted to move
`longitudinally relative to said first
`and second arm members;
`
`a first retractor blade having a
`generally concave inner-facing
`surface and being rigidly coupled
`to said first pivotable arm
`member prior to introduction
`toward the targeted spinal site, a
`second retractor blade having a
`generally concave inner-facing
`surface and being rigidly coupled
`to said second pivotable arm
`member prior to introduction
`toward the targeted spinal site,
`and a third retractor blade rigidly
`coupled to said translating
`member prior to introduction
`toward the targeted spinal site;
`
`an intradiscal shim element that
`releasably mounts to the third
`
`JOINT CLAIM CONSTRUCTION WORKSHEET
`
`-7-
`
`3:18-CV-00347-CAB-MDD
`
`
`
`Case 3:18-cv-00347-CAB-MDD Document 133-2 Filed 12/11/18 PageID.16155 Page 9 of 48
`
`AGREED
`PROPOSED
`CONSTRUCTION
`
`PLAINTIFF’S
`PROPOSED
`CONSTRUCTION
`
`DEFENDANTS’
`PROPOSED
`CONSTRUCTION
`
`COURT’S
`CONSTRUCTION
`
`PATENT CLAIM
`
`retractor blade such that a
`maximum length of the
`intradiscal shim element extends
`generally parallel to a maximum
`length of the third retractor blade
`and a distal tip portion of the
`intradiscal shim element extends
`distally of the distal end of the
`third retractor blade, wherein the
`intradiscal shim element engages
`with a groove defined by the third
`retractor blade to penetrate into a
`spinal disc at the targeted spinal
`site when the intradiscal shim
`element is releasably mounted to
`the third retractor blade;
`
`and said handle assembly being
`configured to simultaneously
`introduce said first, second and
`third retractor blades along the
`lateral, trans-psoas path toward
`the targeted spinal site in a closed
`position while the generally
`concave inner-facing surfaces of
`said first and second retractor
`blades engage with an outermost
`dilator of the dilator system and
`thereafter opened by pivoting said
`first and second pivotable arm
`
`JOINT CLAIM CONSTRUCTION WORKSHEET
`
`-8-
`
`3:18-CV-00347-CAB-MDD
`
`
`
`Case 3:18-cv-00347-CAB-MDD Document 133-2 Filed 12/11/18 PageID.16156 Page 10 of
` 48
`
`PATENT CLAIM
`
`members relative to one another
`to create an operative corridor to
`said surgical target site.
`
`2. The system of claim 1, further
`comprising a K-wire configured
`to be advance [sic] along the
`lateral, trans-psoas path to the
`targeted spinal site and engage an
`annulus of said spinal disc, the K-
`wire further configured to extend
`entirely through a dilator of said
`dilator system from the annulus of
`the spinal disc to a position
`beyond a proximal most end of
`the dilator system.
`
`AGREED
`PROPOSED
`CONSTRUCTION
`
`PLAINTIFF’S
`PROPOSED
`CONSTRUCTION
`
`DEFENDANTS’
`PROPOSED
`CONSTRUCTION
`
`COURT’S
`CONSTRUCTION
`
`The term “configured
`to be advance [sic]
`along the lateral,
`trans-psoas path” is
`language of intended
`use, recites no
`structural limitations,
`and, therefore, is not
`limiting.
`
`This claim term is
`limiting.
`
`Plain and ordinary
`meaning as understood by
`a person of skill in the art.
`
`Alternatively, “configured
`to be advanced along the
`approach to the lumbar
`spine that (1) approaches
`from the patient’s lateral
`aspect (or side); and (2)
`goes through the psoas
`muscle.”
`
`JOINT CLAIM CONSTRUCTION WORKSHEET
`
`-9-
`
`3:18-CV-00347-CAB-MDD
`
`
`
`Case 3:18-cv-00347-CAB-MDD Document 133-2 Filed 12/11/18 PageID.16157 Page 11 of
` 48
`
`APPENDIX B2
`JOINT CLAIM CONSTRUCTION WORKSHEET
`U.S. Patent No. 8,439,832
`
`AGREED
`PROPOSED
`CONSTRUCTION
`
`PLAINTIFF’S
`PROPOSED
`CONSTRUCTION
`“collection of
`components, including the
`elongate inner element
`and a plurality of dilators,
`that are introduced in
`sequence.”
`
`DEFENDANTS’
`PROPOSED
`CONSTRUCTION
`
`The term “distraction
`assembly” means
`“components,
`including an elongate
`inner element and a
`plurality of dilators,
`that are connected to
`form a single
`integrated unit.”
`
`COURT’S
`CONSTRUCTION
`
`PATENT CLAIM
`
`1. A system for forming an
`operating corridor to a lumbar
`spine, comprising:
`
`a distraction assembly to create
`a tissue distraction corridor in a
`lateral, trans-psoas path to a
`lumbar spine, wherein said
`distraction assembly includes
`an elongate inner element and a
`plurality of dilators, the plurality
`of dilators being configured to
`sequentially advance along the
`lateral, trans-psoas path to the
`lumbar spine, the elongate inner
`element being positionable in a
`lumen of an initial dilator of the
`plurality of dilators, wherein at
`least one instrument from the
`group consisting of said elongate
`inner element and said dilators
`includes a stimulation electrode
`that outputs electrical stimulation
`for nerve monitoring when the at
`
`JOINT CLAIM CONSTRUCTION WORKSHEET
`
`-1-
`
`3:18-CV-00347-CAB-MDD
`
`
`
`Case 3:18-cv-00347-CAB-MDD Document 133-2 Filed 12/11/18 PageID.16158 Page 12 of
` 48
`
`AGREED
`PROPOSED
`CONSTRUCTION
`
`PLAINTIFF’S
`PROPOSED
`CONSTRUCTION
`
`DEFENDANTS’
`PROPOSED
`CONSTRUCTION
`
`COURT’S
`CONSTRUCTION
`
`PATENT CLAIM
`
`least one instrument is positioned
`in the psoas muscle;
`
`a three-bladed retractor tool
`slidable over an exterior of an
`outermost sequential dilator of
`the dilator system toward the
`targeted spinal disc along the
`lateral, trans-psoas path, the
`three-bladed retractor assembly
`including: a blade-holder
`assembly, and
`
`a posterior-most retractor blade,
`a cephalad-most retractor blade,
`and a caudal-most retractor blade
`that extend from the blade-holder
`assembly, wherein the posterior-
`most, cephalad-most, and caudal-
`most retractor blades are slidably
`advanced over the exterior of the
`outermost sequential dilator
`while in a first position, wherein
`the blade-holder assembly is
`adjustable to move the posterior-
`most, cephalad-most, and caudal-
`most retractor blades to a second
`position in which the cephalad-
`most and caudal-most retractor
`blades are spaced apart from the
`posterior-most retractor blade to
`
`JOINT CLAIM CONSTRUCTION WORKSHEET
`
`-2-
`
`3:18-CV-00347-CAB-MDD
`
`
`
`Case 3:18-cv-00347-CAB-MDD Document 133-2 Filed 12/11/18 PageID.16159 Page 13 of
` 48
`
`AGREED
`PROPOSED
`CONSTRUCTION
`
`PLAINTIFF’S
`PROPOSED
`CONSTRUCTION
`
`DEFENDANTS’
`PROPOSED
`CONSTRUCTION
`
`COURT’S
`CONSTRUCTION
`
`PATENT CLAIM
`
`define an operative corridor,
`
`wherein three-bladed retractor
`tool is configured to define the
`operative corridor along the
`lateral, trans-psoas path to the
`lumbar spine in which a space
`extending to the targeted spinal
`disc between the posterior-most,
`cephalad-most, and caudal-most
`refractor blades is dimensioned
`so as to pass an implant through
`the operative corridor along the
`lateral, trans-psoas path to the
`lumbar spine.
`
`1. A system for forming an
`operating corridor to a lumbar
`spine, comprising:
`
`a distraction assembly to create a
`tissue distraction corridor in a
`lateral, trans-psoas path to a
`lumbar spine, wherein said
`distraction assembly includes an
`elongate inner element and a
`plurality of dilators, the plurality
`of dilators being configured to
`sequentially advance along the
`lateral, trans-psoas path to the
`lumbar spine, the elongate inner
`JOINT CLAIM CONSTRUCTION WORKSHEET
`
`These claim terms are
`limiting.
`
`Plain and ordinary
`meaning as understood by
`a person of ordinary skill
`in the art.
`
`Alternatively, “in a
`lateral, trans-psoas path
`to a lumbar spine”
`means “to a lumbar spine
`in an approach to the
`lumbar spine that (1)
`
`The terms “in a
`lateral, trans-psoas
`path to a lumbar
`spine,” “along the
`lateral, trans-psoas
`path,” and “along the
`lateral, trans-psoas
`path to the lumbar
`spine” are language of
`intended use, recite no
`structural limitations,
`and, therefore, are not
`limiting.
`
`-3-
`
`3:18-CV-00347-CAB-MDD
`
`
`
`Case 3:18-cv-00347-CAB-MDD Document 133-2 Filed 12/11/18 PageID.16160 Page 14 of
` 48
`
`DEFENDANTS’
`PROPOSED
`CONSTRUCTION
`
`COURT’S
`CONSTRUCTION
`
`PATENT CLAIM
`
`element being positionable in a
`lumen of an initial dilator of the
`plurality of dilators, wherein at
`least one instrument from the
`group consisting of said elongate
`inner element and said dilators
`includes a stimulation electrode
`that outputs electrical stimulation
`for nerve monitoring when the at
`least one instrument is positioned
`in the psoas muscle;
`
`a three-bladed retractor tool
`slidable over an exterior of an
`outermost sequential dilator of
`the dilator system toward the
`targeted spinal disc along the
`lateral, trans-psoas path, the
`three-bladed retractor assembly
`including: a blade-holder
`assembly, and
`
`a posterior-most retractor blade,
`a cephalad-most retractor blade,
`and a caudal-most retractor blade
`that extend from the blade-holder
`assembly, wherein the posterior-
`most, cephalad-most, and caudal-
`most retractor blades are slidably
`advanced over the exterior of the
`outermost sequential dilator
`
`AGREED
`PROPOSED
`CONSTRUCTION
`
`PLAINTIFF’S
`PROPOSED
`CONSTRUCTION
`approaches from the
`patient’s lateral aspect (or
`side); and (2) goes
`through the psoas
`muscle.”
`
`Alternatively, “along the
`lateral, trans-psoas
`path” means “along the
`approach to the lumbar
`spine that (1) approaches
`from the patient’s lateral
`aspect (or side); and (2)
`goes through the psoas
`muscle.”
`
`Alternatively, “along the
`lateral, trans-psoas path
`to the lumbar spine”
`means “to the lumbar
`spine along the approach
`to the lumbar spine that
`(1) approaches from the
`patient’s lateral aspect (or
`side); and (2) goes
`through the psoas
`muscle.”
`
`JOINT CLAIM CONSTRUCTION WORKSHEET
`
`-4-
`
`3:18-CV-00347-CAB-MDD
`
`
`
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` 48
`
`PATENT CLAIM
`
`while in a first position, wherein
`the blade-holder assembly is
`adjustable to move the posterior-
`most, cephalad-most, and caudal-
`most retractor blades to a second
`position in which the cephalad-
`most and caudal-most retractor
`blades are spaced apart from the
`posterior-most retractor blade to
`define an operative corridor,
`
`wherein three-bladed retractor
`tool is configured to define the
`operative corridor along the
`lateral, trans-psoas path to the
`lumbar spine in which a space
`extending to the targeted spinal
`disc between the posterior-most,
`cephalad-most, and caudal-most
`refractor blades is dimensioned
`so as to pass an implant through
`the operative corridor along the
`lateral, trans-psoas path to the
`lumbar spine.
`
`3. The system of claim 1,
`wherein the elongate inner
`member is advanced along the
`lateral, trans-psoas path to the
`targeted spinal disc such that a
`distal tip portion of the elongate
`
`AGREED
`PROPOSED
`CONSTRUCTION
`
`PLAINTIFF’S
`PROPOSED
`CONSTRUCTION
`
`DEFENDANTS’
`PROPOSED
`CONSTRUCTION
`
`COURT’S
`CONSTRUCTION
`
`This claim term is
`limiting.
`
`Plain and ordinary
`meaning as understood by
`
`The term “along the
`lateral, trans-psoas
`path to the targeted
`spinal disc” is
`language of intended
`
`JOINT CLAIM CONSTRUCTION WORKSHEET
`
`-5-
`
`3:18-CV-00347-CAB-MDD
`
`
`
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` 48
`
`PATENT CLAIM
`
`inner member penetrates into an
`annulus of the targeted spinal disc.
`
`AGREED
`PROPOSED
`CONSTRUCTION
`
`10. The system of claim 1, further
`comprising a fixation element to
`releasably engage with one of said
`retractor blades so that at least a
`portion of the fixation element
`extends distally into the lumbar
`spine, wherein the fixation
`element is configured to releasably
`engage with the posterior-most
`retractor blade after the posterior-
`most retractor blade is advanced
`along the lateral, trans-psoas
`path to the lumbar spine.
`
`COURT’S
`CONSTRUCTION
`
`DEFENDANTS’
`PROPOSED
`CONSTRUCTION
`use, recites no
`structural limitations,
`and, therefore, is not
`limiting.
`
`The term “along the
`lateral, trans-psoas
`path to the lumbar
`spine” is language of
`intended use, recites
`no structural
`limitations, and,
`therefore, is not
`limiting.
`
`PLAINTIFF’S
`PROPOSED
`CONSTRUCTION
`a person of ordinary skill
`in the art.
`
`Alternatively, “to the
`targeted spinal disc along
`the approach to the
`lumbar spine that (1)
`approaches from the
`patient’s lateral aspect (or
`side); and (2) goes
`through the psoas
`muscle.”
`This claim term is
`limiting.
`
`Plain and ordinary
`meaning as understood by
`a person of ordinary skill
`in the art.
`
`Alternatively, “along the
`lateral, trans-psoas path
`to the lumbar spine”
`means “to the lumbar
`spine along the approach
`to the lumbar spine that
`(1) approaches from the
`patient’s lateral aspect (or
`side); and (2) goes
`through the psoas
`
`JOINT CLAIM CONSTRUCTION WORKSHEET
`
`-6-
`
`3:18-CV-00347-CAB-MDD
`
`
`
`Case 3:18-cv-00347-CAB-MDD Document 133-2 Filed 12/11/18 PageID.16163 Page 17 of
` 48
`
`PATENT CLAIM
`
`AGREED
`PROPOSED
`CONSTRUCTION
`
`PLAINTIFF’S
`PROPOSED
`CONSTRUCTION
`muscle.”
`
`DEFENDANTS’
`PROPOSED
`CONSTRUCTION
`
`COURT’S
`CONSTRUCTION
`
`JOINT CLAIM CONSTRUCTION WORKSHEET
`
`-7-
`
`3:18-CV-00347-CAB-MDD
`
`
`
`Case 3:18-cv-00347-CAB-MDD Document 133-2 Filed 12/11/18 PageID.16164 Page 18 of
` 48
`
`APPENDIX B3
`JOINT CLAIM CONSTRUCTION WORKSHEET
`U.S. Patent No. 9,833,227
`
`AGREED
`PROPOSED
`CONSTRUCTION
`
`PLAINTIFF’S
`PROPOSED
`CONSTRUCTION
`Plain and ordinary
`meaning as understood by
`a person of ordinary skill
`in the art.
`
`DEFENDANTS’
`PROPOSED
`CONSTRUCTION
`
`The term “trajectory”
`means “actual or
`expected course.”
`
`COURT’S
`CONSTRUCTION
`
`Alternatively,
`“directionality.”
`
`PATENT CLAIM
`
`16. A method for forming an
`operating corridor to a lumbar
`spine of a patient, the method
`comprising:
`
`inserting a plurality of dilators
`into the patient at an insertion
`position on one of two
`anatomically lateral aspects of
`the patient, the plurality of
`dilators comprising a first dilator
`having a first diameter and a
`second dilator having a second
`diameter, the first diameter being
`smaller than the second diameter;
`
`advancing the plurality of
`dilators along a lateral, trans-
`psoas path from the insertion
`position on the one of two
`anatomically lateral aspects of
`the patient to a lateral aspect of a
`target intervertebral disc of the
`lumbar spine, the trajectory of
`
`JOINT CLAIM CONSTRUCTION WORKSHEET
`
`-1-
`
`3:18-CV-00347-CAB-MDD
`
`
`
`Case 3:18-cv-00347-CAB-MDD Document 133-2 Filed 12/11/18 PageID.16165 Page 19 of
` 48
`
`AGREED
`PROPOSED
`CONSTRUCTION
`
`PLAINTIFF’S
`PROPOSED
`CONSTRUCTION
`
`DEFENDANTS’
`PROPOSED
`CONSTRUCTION
`
`COURT’S
`CONSTRUCTION
`
`PATENT CLAIM
`
`the lateral, trans-psoas path
`exiting the patient at the other of
`the two anatomically lateral
`aspects of the patient, to create a
`tissue distraction corridor to the
`target intervertebral disc along
`the lateral, trans-psoas path, the
`lateral, trans-psoas path
`extending through a region of a
`psoas muscle containing nerves
`and negotiating past the nerves;
`
`electrically stimulating, using a
`stimulation electrode along a
`distal region of the first dilator or
`the second dilator, the nerves of
`the psoas muscle for monitoring
`a nerve response and advancing
`the first dilator or the second
`dilator, based on the monitoring,
`along the lateral, trans-psoas path
`to avoid impairment of the
`nerves of the psoas muscle; and
`
`moving a plurality of retractor
`blades over at least one of the
`plurality of dilators along the
`lateral, trans-psoas path to form
`an operative corridor along the
`lateral, trans-psoas path, the
`operative corridor being
`
`JOINT CLAIM CONSTRUCTION WORKSHEET
`
`-2-
`
`3:18-CV-00347-CAB-MDD
`
`
`
`Case 3:18-cv-00347-CAB-MDD Document 133-2 Filed 12/11/18 PageID.16166 Page 20 of
` 48
`
`AGREED
`PROPOSED
`CONSTRUCTION
`
`PLAINTIFF’S
`PROPOSED
`CONSTRUCTION
`
`DEFENDANTS’
`PROPOSED
`CONSTRUCTION
`
`COURT’S
`CONSTRUCTION
`
`PATENT CLAIM
`
`dimensioned to pass an implant
`therethrough along the lateral,
`trans-psoas path toward the
`target intervertebral disc of the
`lumbar spine.
`
`JOINT CLAIM CONSTRUCTION WORKSHEET
`
`-3-
`
`3:18-CV-00347-CAB-MDD
`
`
`
`Case 3:18-cv-00347-CAB-MDD Document 133-2 Filed 12/11/18 PageID.16167 Page 21 of
` 48
`
`APPENDIX B4
`JOINT CLAIM CONSTRUCTION WORKSHEET
`U.S. Patent No. 8,361,156
`
`PLAINTIFF’S
`PROPOSED
`CONSTRUCTION
`
`DEFENDANTS’
`PROPOSED
`CONSTRUCTION
`
`COURT’S
`CONSTRUCTION
`
`AGREED
`PROPOSED
`CONSTRUCTION
`“medial plane that
`is generally
`perpendicular to
`said longitudinal
`length” means
`“plane that is
`generally
`perpendicular to and
`intersects with said
`longitudinal length
`at the middle or
`midline of the
`longitudinal length.”
`
`PATENT CLAIM
`
`1. A spinal fusion implant of
`non-bone construction
`positionable within an interbody
`space between a first vertebra
`and a second vertebra, said
`implant comprising:
`
`an upper surface including anti-
`migration elements to contact
`said first vertebra when said
`implant is positioned within the
`interbody space, a lower surface
`including anti-migration
`elements to contact said second
`vertebra when said implant is
`positioned within the interbody
`space, a distal wall, a proximal
`wall, a first sidewall, and a
`second sidewall generally
`opposite from the first sidewall,
`wherein said distal wall,
`proximal wall, first sidewall, and
`second sidewall comprise a
`radiolucent material;
`
`JOINT CLAIM CONSTRUCTION WORKSHEET
`
`-1-
`
`3:18-CV-00347-CAB-MDD
`
`
`
`Case 3:18-cv-00347-CAB-MDD Document 133-2 Filed 12/11/18 PageID.16168 Page 22 of
` 48
`
`AGREED
`PROPOSED
`CONSTRUCTION
`
`PLAINTIFF’S
`PROPOSED
`CONSTRUCTION
`
`DEFENDANTS’
`PROPOSED
`CONSTRUCTION
`
`COURT’S
`CONSTRUCTION
`
`PATENT CLAIM
`
`wherein said implant has a
`longitudinal length extending
`from a proximal end of said
`proximal wall to a distal end of
`said distal wall, said implant has
`a maximum lateral width
`extending from said first
`sidewall to said second sidewall
`along a medial plane that is
`generally perpendicular to said
`longitudinal length, and said
`longitudinal length is greater
`than said maximum lateral
`width;
`
`at least a first fusion aperture
`extending through said upper
`surface and lower surface and
`configured to permit bone
`growth between the first vertebra
`and the second vertebra when
`said implant is positioned within
`the interbody space, said first
`fusion aperture having: a
`longitudinal aperture length
`extending generally parallel to
`the longitudinal length of said
`implant, and a lateral aperture
`width extending between said
`first sidewall to said second
`
`JOINT CLAIM CONSTRUCTION WORKSHEET
`
`-2-
`
`3:18-CV-00347-CAB-MDD
`
`
`
`Case 3:18-cv-00347-CAB-MDD Document 133-2 Filed 12/11/18 PageID.16169 Page 23 of
` 48
`
`PATENT CLAIM
`
`sidewall, wherein the
`longitudinal aperture length is
`greater than the lateral aperture
`width; and
`
`at least first and second
`radiopaque markers oriented
`generally parallel to a height of
`the implant, wherein said first
`radiopaque marker extends into
`said first sidewall at a position
`proximate to said medial plane,
`and said second radiopaque
`marker extends into said second
`sidewall at a position proximate
`to said medial plane.
`
`16. The spinal fusion implant of
`claim 15, wherein said medial
`support is positioned along said
`medial plane.
`
`AGREED
`PROPOSED
`CONSTRUCTION
`
`PLAINTIFF’S
`PROPOSED
`CONSTRUCTION
`
`DEFENDANTS’
`PROPOSED
`CONSTRUCTION
`
`COURT’S
`CONSTRUCTION
`
`“said medial plane”
`means “plane that is
`generally
`perpendicular to and
`intersects with said
`longitudinal length
`at the middle or
`midline of the
`longitudinal length.”
`
`JOINT CLAIM CONSTRUCTION WORKSHEET
`
`-3-
`
`3:18-CV-00347-CAB-MDD
`
`
`
`Case 3:18-cv-00347-CAB-MDD Document 133-2 Filed 12/11/18 PageID.16170 Page 24 of
` 48
`
`APPENDIX B5
`JOINT CLAIM CONSTRUCTION WORKSHEET
`U.S. Patent No. 9,974,531
`
`AGREED
`PROPOSED
`CONSTRUCTION
`
`PLAINTIFF’S
`PROPOSED
`CONSTRUCTION
`“two or more dilators”
`
`COURT’S
`CONSTRUCTION
`
`DEFENDANTS’
`PROPOSED
`CONSTRUCTION
`
`The claim is invalid
`because the term
`“plurality of
`sequential dilators”
`lacks antecedent basis.
`The term “plurality of
`sequential dilators”
`means “three or more
`sequential dilators.”
`
`PATENT CLAIM
`
`1. A system for forming an
`operating corridor along a
`lateral, trans-psoas path to a
`lumbar spine, comprising:
`
`plurality of dilators of increasing
`diameters to create a tissue
`distraction corridor along the
`selected path through the bodily
`tissue toward the targeted
`intervertebral disc of the lumbar
`spine, the plurality of dilators
`including at least a first dilator
`and a second dilator that slidably
`advances over an exterior of the
`first dilator and engages the
`lumbar spine;
`
`a three-bladed retractor slidable
`along a dilator of the plurality of
`dilators toward the lumbar spine
`to enlarge the tissue distraction
`corridor and thereby form an
`operative corridor along the
`
`JOINT CLAIM CONSTRUCTION WORKSHEET
`
`-1-
`
`3:18-CV-00347-CAB-MDD
`
`
`
`Case 3:18-cv-00347-CAB-MDD Document 133-2 Filed 12/11/18 PageID.16171 Page 25 of
` 48
`
`AGREED
`PROPOSED
`CONSTRUCTION
`
`PLAINTIFF’S
`PROPOSED
`CONSTRUCTION
`
`DEFENDANTS’
`PROPOSED
`CONSTRUCTION
`
`COURT’S
`CONSTRUCTION
`
`PATENT CLAIM
`
`selected lateral, trans-psoas path
`through the bodily tissue toward
`the targeted intervertebral disc
`of the lumbar spine, the three-
`bladed retractor tool including:
`
`a blade holder coupled to first,
`second, and third retractor
`blades, wherein the three-bladed
`retractor is adjustable from a
`closed position in which the
`first, second, and third retractor
`blades are adjacent to one
`another and slidable over the
`outer dilator of the plurality of
`sequential dilators to an opened
`position in which the first,
`second, and third retractor
`blades are spaced apart from one
`another to thereby form the
`operative corridor along the
`selected path through the bodily
`tissue toward the targeted
`intervertebral disc of the lumbar
`spine,
`
`wherein the blade holder
`includes a first arm with a first
`connector for coupling the first
`retractor blade, a second arm
`with a second connector for
`
`JOINT CLAIM CONSTRUCTION WORKSHEET
`
`-2-
`
`3:18-CV-00347-CAB-MDD
`
`
`
`Case 3:18-cv-00347-CAB-MDD Document 133-2 Filed 12/11/18 PageID.16172 Page 26 of
` 48
`
`AGREED
`PROPOSED
`CONSTRUCTION
`
`PLAINTIFF’S
`PROPOSED
`CONSTRUCTION
`
`DEFENDANTS’
`PROPOSED
`CONSTRUCTION
`
`COURT’S
`CONSTRUCTION
`
`PATENT CLAIM
`
`coupling the second retractor
`blade, and a third arm with a
`third connector for coupling the
`third retractor blade, wherein the
`first arm pivots relative to the
`second arm and the third arm to
`move the first retractor blade
`away from the second and third
`retractor blades, the second arm
`pivots relative to the first arm
`and the third arm to move the
`second retractor blade away
`from the first and third retractor
`blades, and the third arm linearly
`translates relative to the first arm
`and second arm to move the
`third retractor blade relative to
`the first and second retractor
`blades, wherein the blade holder
`includes a rotatable actuator that
`controls translation of the third
`arm independent of the pivoting
`of the first arm and the pivoting
`of the second arm,
`
`a first arm extender that
`releasably couples to the first
`arm opposite the
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