UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF MINNESOTA
`
`VASCULAR SOLUTIONS LLC,
`TELEFLEX LIFE SCIENCES
`LIMITED, ARROW
`INTERNATIONAL, INC., and
`TELEFLEX LLC
`
`Plaintiffs,
`
`v.
`
`MEDTRONIC, INC., and
`MEDTRONIC VASCULAR, INC.,
`
`Defendants.
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`No. 19:cv-01760-PJS-TNL
`
`Jury Trial Demanded
`
`PLAINTIFFS’ INFRINGEMENT DISCLOSURES AND CLAIM
`CHARTS
`
`Pursuant to the Amended Pretrial Scheduling Order (Dkt. 229), Vascular Solutions
`
`LLC, Teleflex Life Sciences Limited, Arrow International, Inc., and Teleflex LLC
`
`(“Plaintiffs”) hereby serve the following disclosures and claims charts on Medtronic, Inc.
`
`and Medtronic Vascular, Inc. (“Defendants”).
`
`I.
`
`INFRINGED CLAIMS
`
`As set forth with additional detail in the claim charts attached hereto as Exhibits 1-
`
`7 and in Plaintiffs’ First Amended and Supplemental Complaint (Dkt. 231) and Exhibits
`
`thereto, Plaintiffs assert that Defendants infringe the patent claims listed below.
`
`Defendants infringe all claims listed below literally under 35 U.S.C. §§ 271(a), (b), (c),
`
`and/or (g), and further infringe certain claims identified below under the doctrine of
`
`equivalents (DOE). As explained in more detail below, in the claim charts attached
`
`1
`
`Page 1
`
`Medtronic Exhibit 1495
`
`
`FOR THE DISTRICT OF MINNESOTA
`
`VASCULAR SOLUTIONS LLC,
`TELEFLEX LIFE SCIENCES
`LIMITED, ARROW
`INTERNATIONAL, INC., and
`TELEFLEX LLC
`
`Plaintiffs,
`
`v.
`
`MEDTRONIC, INC., and
`MEDTRONIC VASCULAR, INC.,
`
`Defendants.
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`No. 19:cv-01760-PJS-TNL
`
`Jury Trial Demanded
`
`PLAINTIFFS’ INFRINGEMENT DISCLOSURES AND CLAIM
`CHARTS
`
`Pursuant to the Amended Pretrial Scheduling Order (Dkt. 229), Vascular Solutions
`
`LLC, Teleflex Life Sciences Limited, Arrow International, Inc., and Teleflex LLC
`
`(“Plaintiffs”) hereby serve the following disclosures and claims charts on Medtronic, Inc.
`
`and Medtronic Vascular, Inc. (“Defendants”).
`
`I.
`
`INFRINGED CLAIMS
`
`As set forth with additional detail in the claim charts attached hereto as Exhibits 1-
`
`7 and in Plaintiffs’ First Amended and Supplemental Complaint (Dkt. 231) and Exhibits
`
`thereto, Plaintiffs assert that Defendants infringe the patent claims listed below.
`
`Defendants infringe all claims listed below literally under 35 U.S.C. §§ 271(a), (b), (c),
`
`and/or (g), and further infringe certain claims identified below under the doctrine of
`
`equivalents (DOE). As explained in more detail below, in the claim charts attached
`
`1
`
`Page 1
`
`Medtronic Exhibit 1495
`
`
`
`hereto as Exhibits 1-7, and in Plaintiffs’ First Amended and Supplemental Complaint
`
`(Dkt. 231) and Exhibits thereto, the accused products are Defendants’ Telescope Guide
`
`Extension Catheter products, which come in what are called 6 French and 7 French size
`
`versions (“6F” and “7F” respectively), and Defendants’ guide catheters that are offered
`
`for sale, sold and/or used as a system with Defendants’ Telescope products, including at
`
`least the Launcher Coronary Guide Catheters, the Sherpa NX Active Coronary Guide
`
`Catheters, and the Sherpa NX Balanced Coronary Guide Catheters (hereinafter
`
`“Defendants’ Guide Catheters”).
`
`Patent
`
`8,048,032
`
`RE45,380
`
`RE45,776
`
`RE47,379
`
`
`
`Infringed Claims
`Literal: 2, 9, 12, 13, 14, 18
`
`Accused Products /
`Methods
`6F and 7F Telescope
`
`DOE: 8
`
`Literal: 2, 9, 12, 13, 14, 15,
`19, 20, 27
`
`DOE: 8
`
`Literal: 25, 27, 29, 36, 37,
`49, 52
`
`DOE: 54
`
`Literal: 54
`
`DOE: 30, 32
`
`Literal: 33, 39, 42, 44
`
`DOE: 33
`
`Literal: 34
`
`DOE: 34
`
`2
`
`6F and 7F Telescope and
`Defendants’ Guide
`Catheters
`
`6F and 7F Telescope
`
`
`
`6F Telescope
`
`7F Telescope
`
`Method of forming 6F and
`7F Telescope
`
`Method of forming 6F
`Telescope
`
`
`
`Page 2
`
`Medtronic Exhibit 1495
`
`
`
`RE45,760
`
`8,142,413
`
`RE46,116
`
`Literal: 25, 28, 29, 32, 44,
`48, 53
`
`6F Telescope and
`Defendants’ Guide
`Catheters
`
`DOE: 25, 28, 29, 32, 44,
`48, 53
`
`Literal: 4, 7
`
`DOE: 4, 7, 13
`
`6F and 7F Telescope and
`Defendants’ Guide
`Catheters
`
`Method of using 6F and 7F
`Telescope
`
`Literal: 46 (dependent on
`45)
`
`Method of using 6F
`Telescope
`
`DOE: 46 (dependent on 45) Method of using 6F and 7F
`Telescope
`
`
`
`
`For the sake of judicial economy, Plaintiffs have endeavored to limit the number
`
`of claims they have asserted against Defendants across the seven patents-in-suit.
`
`However, the fact that Plaintiffs have not asserted certain claims is not an admission of
`
`any kind that Defendants do not infringe other claims. Plaintiffs reserve the right to
`
`assert additional patent claims as the case progresses, in accordance with the Federal
`
`Rules and Orders of the Court.
`
`II.
`
`INFRINGING PRODUCTS
`
`As explained in more detail in the claim charts attached hereto as Exhibits 1-7, and
`
`in Plaintiffs’ First Amended and Supplemental Complaint (Dkt. 231) and Exhibits
`
`thereto, the accused products are Defendants’ 6F and 7F Telescope Guide Extension
`
`Catheter products, and Defendants’ Guide Catheters.
`
`An example of one of Defendants’ infringing Telescope products is shown below.
`
`
`
`3
`
`Page 3
`
`Medtronic Exhibit 1495
`
`
`
`
`
`III. CLAIM CHARTS
`
`Attached hereto as Exhibits 1-7 are claim charts for each of the seven patents-in-
`
`suit that show where each claim element of each asserted claim is found in the accused
`
`products and/or methods, including a basis for each contention that the element is
`
`present. The attached claim charts are exemplary. Plaintiffs base the attached claim
`
`
`
`4
`
`Page 4
`
`Medtronic Exhibit 1495
`
`
`
`charts on information presently known and accessible through reasonable diligence, as
`
`well as on information and belief. Plaintiffs reserve the right to modify or revise these
`
`charts to assert additional claims and/or additional theories, including without limitation
`
`additional assertions of infringement under the doctrine of equivalents, based on
`
`information learned during this case, including through further discovery and the Court’s
`
`claim construction order.
`
`As set forth in the attached claim charts, Defendants’ Telescope Guide Extension
`
`Catheter products and Defendants’ Guide Catheters used with Defendants’ Telescope
`
`Guide Extension Catheter products directly and indirectly infringe at least the identified
`
`claims of the asserted patents.
`
`A.
`
`Direct Infringement
`
`1. Product Claims
`
`Defendants have directly infringed and continue to infringe one or more of the
`
`identified claims of the ‘032 and ‘776 patents by making, using, offering to sell, selling,
`
`and/or importing (directly or through intermediaries), in and into the United States
`
`Telescope Guide Extension Catheter products.
`
`2. System Claims
`
`Defendants have directly infringed and continue to infringe one or more of the
`
`identified claims of the ‘380 and ‘760 patents by making, using, offering to sell, selling,
`
`and/or importing (directly or through intermediaries), in and into the United States, a
`
`system made up of guide extension catheters, namely Telescope Guide Extension
`
`Catheter products and Defendants’ Guide Catheters.
`
`
`
`5
`
`Page 5
`
`Medtronic Exhibit 1495
`
`
`
`3. Method Claims
`
`Defendants have directly infringed and continue to infringe one or more of the
`
`identified claims of the ‘379 patent by importing into the United States and/or offering to
`
`sell, selling, or using (directly or through intermediaries), in the United States, guide
`
`extension catheters, namely Telescope Guide Extension Catheter products that are made
`
`by a process patented in the United States.
`
`B.
`
`Indirect Infringement
`
`1. Product Claims
`
`Defendants have induced and continue to induce infringement in the United States
`
`of one or more of the identified claims of the ‘032 and ‘776 patents, by, among other
`
`things, actively and successfully encouraging, instructing, enabling, and otherwise
`
`causing end users and/or customers to use its Telescope Guide Extension Catheter
`
`products in a manner that infringes the ‘032 and ‘776 patents. For example, Medtronic’s
`
`Instructions for Use instruct end users and/or customers to use the Telescope catheter in
`
`conjunction with a traditional guide catheter to perform interventional cardiology
`
`procedures. E.g., Ex. B at 4 (“The guide extension catheter is designed to act as an
`
`extension to a traditional guide catheter and to facilitate the delivery of interventional
`
`devices into the vasculature. The guide extension catheter is intended to be used within
`
`the coronary and/or peripheral vasculature to provide support.”). Medtronic’s
`
`Instructions for Use, FDA submission, and marketing materials indicate that Telescope is
`
`specifically designed to be used with a guide catheter and require that the Telescope
`
`catheter be used along with a guide catheter and hemostatic valve. E.g., Ex. A at 11, 39
`
`
`
`6
`
`Page 6
`
`Medtronic Exhibit 1495
`
`
`
`(“Required GC I.D. (in.) . . .”); Ex. B at 4 (“Telescope guide extension catheter is
`
`intended to be used in conjunction with guide catheters . . . .”) (“The guide extension
`
`catheter is designed to act as an extension to a traditional guide catheter . . . .”), 5 (“Other
`
`items that are required but not provided in the package: Guide catheter . . . Y-adaptor
`
`with hemostasis valve”); Ex. E at 5 (“The guide extension catheter is designed to act as
`
`an extension to a traditional guide catheter . . . .”) (“TelescopeTM Guide Extension
`
`Catheter is intended to be used in conjunction with guide catheters . . . .”). End users
`
`and/or customers have used the Telescope Guide Extension Catheter products in a
`
`manner that infringes one or more claims of the ‘032 and ‘776 patents. At least as early
`
`as February 22, 2019, Defendants had knowledge of the ‘032 and ‘776 patents.
`
`Defendants did not develop the Telescope Guide Extension Catheter products on their
`
`own, but instead copied Plaintiffs’ GuideLiner catheter. Defendants have and continue to
`
`specifically intend that end users and/or customers use the Telescope Guide Extension
`
`Catheter products in a manner that infringes the ‘032 and ‘776 patents by, at a minimum,
`
`providing instructions to end users and/or customers on how to use the Telescope Guide
`
`Extension products, and Defendants knew and know that their actions would induce, have
`
`induced, and will continue to induce infringement by end users and/or customers.
`
`If a guide catheter is deemed to be an element of the claims of the ‘032 and ‘776
`
`patents (which Plaintiffs do not believe it is), then Defendants have contributed to and
`
`continue to contribute to the infringement of one or more claims of the ‘032 and ‘776
`
`patents by importing into the United States (directly or through intermediaries) and/or
`
`offering to sell and selling (directly or through intermediaries), to end users and/or
`
`
`
`7
`
`Page 7
`
`Medtronic Exhibit 1495
`
`
`
`customers, in the United States, a Telescope Guide Extension Catheter, a product that
`
`constitutes a component of a combination or system covered by the ‘032 and ‘776
`
`patents. Defendants know their products are especially made or especially adapted for
`
`use in an infringement and that there is no substantial noninfringing use for a Telescope
`
`catheter without a guide catheter and/or a hemostatic valve. E.g., Ex. A at 11, 39 (“I.D.
`
`(in.)…0.056”…“Required GC I.D. (in.)…6F ≥ 0.070”); Ex. B at 4 (“Telescope guide
`
`extension catheter is intended to be used in conjunction with guide catheters . . . .”) (“The
`
`guide extension catheter is designed to act as an extension to a traditional guide catheter .
`
`. . .”) (“The guide extension catheter is offered in sizes compatible with 6 Fr and 7 Fr
`
`guide catheters….”) (“The guide extension catheter is delivered through a guide catheter
`
`resulting in an overall inner diameter that is approximately 1 Fr smaller than the guide
`
`catheter.”), 5 (“Other items that are required but not provided in the package: Guide
`
`catheter . . . Y-adaptor with hemostasis valve”); Ex. E at 5 (“The guide extension
`
`catheter is designed to act as an extension to a traditional guide catheter . . . .”)
`
`(“TelescopeTM Guide Extension Catheter is intended to be used in conjunction with
`
`guide catheters . . . .”). The Telescope catheter constitutes a material part of the
`
`invention, and end users and/or customers have used the Telescope catheter as part of a
`
`combination or system that infringes one or more claims of the ‘032 and ‘776
`
`patents. Defendants did not develop the Telescope catheter on their own, but instead
`
`copied Plaintiffs’ GuideLiner catheter.
`
`
`
`
`
`
`
`8
`
`Page 8
`
`Medtronic Exhibit 1495
`
`
`
`2. System Claims
`
`Defendants have induced and continue to induce infringement in the United States
`
`of one or more of the identified claims of the ‘380 and ‘760 patents, by, among other
`
`things, actively and successfully encouraging, instructing, enabling, and otherwise
`
`causing end users and/or customers to use its Telescope Guide Extension Catheter
`
`products along with Defendants’ Guide Catheters and/or third-party guide catheters, and
`
`a hemostatic valve as a system which infringes the ‘380 and ‘760 patents. For example,
`
`Medtronic’s Instructions for Use instruct end users and/or customers to use the Telescope
`
`catheter along with a guide catheter and hemostatic valve to perform interventional
`
`cardiology procedures. E.g., Ex. B at 4 (“The guide extension catheter is designed to act
`
`as an extension to a traditional guide catheter and to facilitate the delivery of
`
`interventional devices into the vasculature. The guide extension catheter is intended to be
`
`used within the coronary and/or peripheral vasculature to provide support.”) (“Open the
`
`hemostasis valve and advance the guide extension catheter through the hemostasis valve
`
`and into the guide catheter.”). Medtronic’s Instructions for Use, FDA submission, and
`
`marketing materials indicate that Telescope is specifically designed to be used with a
`
`guide catheter where Telescope has a lumen having a uniform cross-sectional inner
`
`diameter that is not more than one French size smaller than the cross-sectional inner
`
`diameter of the lumen of the guide catheter, and require that the Telescope catheter be
`
`used along with a guide catheter and hemostatic valve. E.g., Ex. A at 11, 39 (“I.D.
`
`(in.)…0.056”…“Required GC I.D. (in.)…6F ≥ 0.070”); Ex. B at 4 (“Telescope guide
`
`extension catheter is intended to be used in conjunction with guide catheters . . . .”) (“The
`
`
`
`9
`
`Page 9
`
`Medtronic Exhibit 1495
`
`
`
`guide extension catheter is designed to act as an extension to a traditional guide catheter .
`
`. . .”) (“The guide extension catheter is offered in sizes compatible with 6 Fr and 7 Fr
`
`guide catheters….”) (“The guide extension catheter is delivered through a guide catheter
`
`resulting in an overall inner diameter that is approximately 1 Fr smaller than the guide
`
`catheter.”), 5 (“Other items that are required but not provided in the package: Guide
`
`catheter . . . Y-adaptor with hemostasis valve”); Ex. E at 5 (“The guide extension catheter
`
`is designed to act as an extension to a traditional guide catheter . . . .”) (“TelescopeTM
`
`Guide Extension Catheter is intended to be used in conjunction with guide catheters . . .
`
`.”). End users and/or customers have used the Telescope catheter as part of a system that
`
`infringes one or more claims of the ‘380 and ‘760 patents. At least as early as February
`
`22, 2019, Defendants had knowledge of the ‘380 and ‘760 patents. Defendants did not
`
`develop the Telescope catheter on their own, but instead copied Plaintiffs’ GuideLiner
`
`catheter. Defendants have and continue to specifically intend that end users and/or
`
`customers use the Telescope Guide Extension products (along with Defendants’ Guide
`
`Catheters and/or third-party guide catheters, and a hemostatic valve) as a system which
`
`infringes the ‘380 and ‘760 patents by, at a minimum, providing instructions to end users
`
`and/or customers on how to use the Telescope Guide Extension products, and Defendants
`
`knew and know that their actions would induce, have induced, and will continue to
`
`induce infringement by end users and/or customers.
`
`Defendants have contributed to and continue to contribute to the infringement of
`
`one or more claims of the ‘380 and ‘760 patents by importing into the United States
`
`(directly or through intermediaries) and/or offering to sell and selling (directly or through
`
`
`
`10
`
`Page 10
`
`Medtronic Exhibit 1495
`
`
`
`intermediaries), to end users and/or customers, in the United States, a Telescope Guide
`
`Extension Catheter, a product that constitutes a component of a combination or system
`
`covered by the ‘380 and/or ‘760 patents. Defendants know their products are especially
`
`made or especially adapted for use in an infringement and that there is no substantial
`
`noninfringing use for a Telescope catheter without a guide catheter where Telescope has
`
`a lumen having a uniform cross-sectional inner diameter that is not more than one French
`
`size smaller than the cross-sectional inner diameter of the lumen of the guide catheter,
`
`and a hemostatic valve. E.g., Ex. A at 11, 39 (“I.D. (in.)…0.056”…“Required GC I.D.
`
`(in.)…6F ≥ 0.070”); Ex. B at 4 (“Telescope guide extension catheter is intended to be
`
`used in conjunction with guide catheters . . . .”) (“The guide extension catheter is
`
`designed to act as an extension to a traditional guide catheter . . . .”) (“The guide
`
`extension catheter is offered in sizes compatible with 6 Fr and 7 Fr guide catheters….”)
`
`(“The guide extension catheter is delivered through a guide catheter resulting in an
`
`overall inner diameter that is approximately 1 Fr smaller than the guide catheter.”), 5
`
`(“Other items that are required but not provided in the package: Guide catheter . . . Y-
`
`adaptor with hemostasis valve”); Ex. E at 5 (“The guide extension catheter is designed to
`
`act as an extension to a traditional guide catheter . . . .”) (“TelescopeTM Guide Extension
`
`Catheter is intended to be used in conjunction with guide catheters . . . .”). The Telescope
`
`catheter constitutes a material part of the invention, and end users and/or customers have
`
`used the Telescope catheter as part of a system that infringes one or more claims of the
`
`‘380 and ‘760 patents. Defendants did not develop the Telescope catheter on their own,
`
`but instead copied Plaintiffs’ GuideLiner catheter.
`
`
`
`11
`
`Page 11
`
`Medtronic Exhibit 1495
`
`
`
`3. Method Claims
`
`Defendants have induced and continue to induce infringement in the United States
`
`of one or more claims of the ’379 patent, by, among other things, actively and
`
`successfully encouraging, instructing, enabling, and otherwise causing end users and/or
`
`customers to use its Telescope catheter in a manner that infringes the ’379 patent. For
`
`example, Medtronic’s Instructions for Use instruct end users and/or customers to use the
`
`Telescope catheter to perform interventional cardiology procedures. E.g., Ex. B at 4
`
`(“The guide extension catheter is designed to act as an extension to a traditional guide
`
`catheter and to facilitate the delivery of interventional devices into the vasculature. The
`
`guide extension catheter is intended to be used within the coronary and/or peripheral
`
`vasculature to provide support.”). Medtronic’s Instructions for Use, FDA submission,
`
`and marketing materials indicate that Telescope is specifically designed to be used with a
`
`guide catheter and require that the Telescope catheter be used along with a guide catheter.
`
`E.g., Ex. A at 39 (“Required GC I.D. (in.) . . .”); Ex. B at 4 (“Telescope guide extension
`
`catheter is intended to be used in conjunction with guide catheters . . . .”) (“The guide
`
`extension catheter is designed to act as an extension to a traditional guide catheter . . . .”),
`
`5 (“Other items that are required but not provided in the package: Guide catheter . . . .”);
`
`Ex. E at 5 (“The guide extension catheter is designed to act as an extension to a
`
`traditional guide catheter . . . .”) (“TelescopeTM Guide Extension Catheter is intended to
`
`be used in conjunction with guide catheters . . . .”). At least as of the date of the filing of
`
`the original complaint in this action, July 2, 2019, Defendants had knowledge of the ’379
`
`patent. End users and/or customers have used the Telescope catheter in a manner that
`
`
`
`12
`
`Page 12
`
`Medtronic Exhibit 1495
`
`
`
`infringes one or more claims of the ’379 patent. Defendants did not develop the
`
`Telescope catheter on their own, but instead copied Plaintiffs’ GuideLiner catheter.
`
`Defendants have and continue to specifically intend that end users and/or customers use
`
`the Telescope Guide Extension Catheter products in a way that infringes the ‘379 patent
`
`by, at a minimum, providing instructions to its end users and/or customers on how to use
`
`the Telescope Guide Extension products, and Defendants knew and know that their
`
`actions would induce, have induced, and will continue to induce infringement by end
`
`users and/or customers.
`
`Defendants have also induced and continue to induce infringement in the United
`
`States of one or more claims of the ’413 patent, by, among other things, actively and
`
`successfully encouraging, instructing, enabling, and otherwise causing end users and/or
`
`customers to use its Telescope catheters along with Defendants’ Guide Catheters and/or
`
`third-party guide catheters, a guidewire, a hemostasis valve, and an interventional
`
`cardiology device as part of a method that infringes the ’413 patent. For example, as
`
`shown in the attached claim charts, Medtronic’s Telescope marketing materials and
`
`Instructions for Use instruct end users and/or customers to use the Telescope catheter for
`
`providing backup support, including resisting axial and shear forces, for an interventional
`
`cardiology device in the coronary vasculature and to use it with a guidewire and a guide
`
`catheter having a continuous lumen extending for a predefined length from a proximal
`
`end at a hemostatic valve to a distal end adapted to be placed in a branch artery. As
`
`shown in the attached claim charts, Medtronic’s Telescope marketing materials and
`
`Instructions for Use also instruct end users and/or customers to use the Telescope catheter
`
`
`
`13
`
`Page 13
`
`Medtronic Exhibit 1495
`
`
`
`with a guide catheter having a lumen and a distal end that is advanced over a guidewire
`
`and through a first artery so that the distal end of the guide catheter is positioned in a
`
`branch artery off from the first artery. As shown in the attached claim charts,
`
`Medtronic’s Telescope marketing materials and Instructions for Use instruct end users
`
`and/or customers to use the Telescope catheter so that a flexible tip portion defining a
`
`tubular structure of Telescope having a circular cross-section and a length that is shorter
`
`than a continuous lumen of a guiding catheter with which it is used is advanced into the
`
`continuous lumen of the guiding catheter. As shown in the attached claim charts,
`
`Medtronic’s Telescope marketing materials and Instructions for Use instruct end users
`
`and/or customers to use the Telescope catheter so that a substantially rigid portion of
`
`Telescope that is proximal of and operably connected to a flexible tip portion defining a
`
`tubular structure, more rigid along a longitudinal axis than the flexible tip portion, and
`
`defining a rail structure without a lumen, is inserted into the continuous lumen of the
`
`guiding catheter. As shown in the attached claim charts, Medtronic’s Telescope
`
`marketing materials and Instructions for Use indicate that Telescope is specifically
`
`designed so that the combined length of Telescope’s substantially rigid portion and the
`
`flexible tip portion is greater than the length of the continuous lumen of the guide
`
`catheter. As shown in the attached claim charts, Medtronic’s Telescope Instructions for
`
`Use instruct end users and/or customers to use the Telescope catheter so that a distal
`
`portion of the flexible tip portion of Telescope is advanced beyond the distal end of the
`
`guide catheter and into the second artery such that the distal portion extends into a second
`
`artery and such that at least a portion of the proximal portion of the substantially rigid
`
`
`
`14
`
`Page 14
`
`Medtronic Exhibit 1495
`
`
`
`portion extends proximally through the hemostatic valve. As shown in the attached claim
`
`charts, Medtronic’s Telescope marketing materials and Instructions for Use instruct end
`
`users and/or customers to use the Telescope catheter so that interventional cardiology
`
`devices are inserted into and through the continuous lumen of the guide catheter
`
`alongside the substantially rigid portion of Telescope and advanced through and beyond
`
`the lumen of the flexible tip portion into contact with or past a lesion in a second artery.
`
`As shown in the attached claim charts, Medtronic’s Telescope marketing materials
`
`instruct end users and/or customers to use the Telescope catheter so that the substantially
`
`rigid portion of Telescope comprises a cylindrical portion and a partially cylindrical
`
`portion defining an opening along a side thereof. As shown in the attached claim charts,
`
`Medtronic’s Telescope marketing materials and Instructions for Use instruct end users
`
`and/or customers to use the Telescope catheter so that a distal portion of the tubular
`
`structure of Telescope is extended beyond the distal end of the standard guide catheter
`
`with which it is used while a proximal portion of Telescope remains within the lumen of
`
`the standard guide catheter, such that Telescope assists in resisting axial and shear forces
`
`exerted when an interventional cardiology device is passed through and beyond the
`
`coaxial lumen that would otherwise tend to dislodge the standard catheter from the
`
`branch artery. End users and/or customers have used the Telescope catheter as part of a
`
`method that infringes one or more claims of the ʼ413 patent. As shown in the attached
`
`claim charts, Medtronic’s Telescope marketing materials and Instructions for Use instruct
`
`end users and/or customers to use the Telescope catheter so that the cross-sectional inner
`
`diameter of the coaxial lumen of the tubular structure is not more than approximately one
`
`
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`15
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`Page 15
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`Medtronic Exhibit 1495
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`
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`French smaller than the cross-sectional inner diameter of the guide catheter. At least as
`
`early as February 22, 2019, Defendants had knowledge of the ʼ413 patent. Defendants
`
`did not develop the Telescope catheter on their own, but instead copied Plaintiffs’
`
`GuideLiner catheter. Defendants have and continue to specifically intend that end users
`
`and/or customers use the Telescope Guide Extension product along with Defendants’
`
`Guide Catheters and/or third-party guide catheters, a guidewire, a hemostasis valve, and
`
`an interventional cardiology device in a way that infringes the ‘413 patent by, at a
`
`minimum, providing instructions to its end users and/or customers on how to use the
`
`Telescope Guide Extension Catheter products, and Defendants knew and know that their
`
`actions would induce, have induced, and will continue to induce infringement by end
`
`users and/or customers.
`
`Defendants have also induced and continue to induce infringement in the United
`
`States of one or more claims of the ’116 patent, by, among other things, actively and
`
`successfully encouraging, instructing, enabling, and otherwise causing end users and/or
`
`customers to use its Telescope catheters along with Defendants’ Guide Catheters and/or
`
`third-party guide catheters, a hemostasis valve, and a stent or balloon catheter as part of a
`
`method that infringes the ’116 patent. For example, as shown in the attached claim
`
`charts, Medtronic’s Telescope marketing materials and Instructions for Use instruct end
`
`users and/or customers to use the Telescope catheter with a guiding catheter having a
`
`lumen, a distal end of which is advanced through a main blood vessel to an ostium of a
`
`coronary artery. As shown in the attached claim charts, Medtronic’s Telescope
`
`marketing materials and Instructions for Use instruct end users and/or customers to use
`
`
`
`16
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`Page 16
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`Medtronic Exhibit 1495
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`
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`the Telescope catheter so that a distal end of a tubular structure of Telescope is advanced
`
`through and beyond the distal end of the guide catheter while a segment defining a side
`
`opening, which extends for a distance along a longitudinal axis and is accessible from a
`
`longitudinal side defined transverse to the longitudinal axis to receive interventional
`
`cardiology devices when positioned within the lumen of the guiding catheter, remains
`
`within the lumen of the guide catheter. As shown in the attached claim charts,
`
`Medtronic’s Telescope marketing materials and Instructions for Use indicate that
`
`Telescope is specifically designed so that that the tubular structure of Telescope has a
`
`cross-sectional inner diameter that is not more than one French size smaller than a cross-
`
`sectional inner diameter of the lumen of the guide catheter with which it is used. As
`
`shown in the attached claim charts, Medtronic’s Telescope marketing materials and
`
`Instructions for Use instruct end users and/or customers to use the Telescope so that
`
`while maintaining a position of the distal end of Telescope beyond the distal end of the
`
`guiding catheter, a balloon catheter or stent is advanced at least partially through the
`
`guiding catheter and Telescope and into the coronary artery. As shown in the attached
`
`claim charts, Medtronic’s Telescope marketing materials and Instructions for Use instruct
`
`end users and/or customers to use the Telescope so that the balloon catheter or stent is
`
`advanced through a hemostatic valve associated with a proximal end of the guiding
`
`catheter, along a substantially rigid segment of Telescope, through the side opening of
`
`Telescope, and through the tubular structure of Telescope. As shown in the attached
`
`claim charts, Medtronic’s Telescope marketing materials indicate that Telescope is
`
`specifically designed so that the substantially rigid portion is rigid enough to allow the
`
`
`
`17
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`Page 17
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`Medtronic Exhibit 1495
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`
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`device to be advanced within the guide catheter. As shown in the attached claim charts,
`
`Medtronic’s Telescope marketing materials instruct end users and/or customers to use the
`
`Telescope so that advancing the balloon catheter or stent at least partially through the side
`
`opening of Telescope includes advancing the balloon catheter or stent through a side-
`
`opening structure in Telescope having at least two inclined slopes. As shown in the
`
`attached claim charts, Medtronic’s Telescope marketing materials indicate that Telescope
`
`is specifically designed so that the opening, which is formed from a “rigid” polymer
`
`while the tube is formed from a “flexible” polymer, is more rigid than a material or
`
`material combination forming the tubular structure. End users and/or customers have
`
`used the Telescope catheter as part of a method that infringes one or more claims of the
`
`ʼ116 patent. At least as early as February 22, 2019, Defendants had knowledge of the
`
`ʼ116 patent. Defendants did not develop the Telescope catheter on their own, but instead
`
`copied Plaintiffs’ GuideLiner catheter. Defendants have and continue to specifically
`
`intend that end users and/or customers use the Telescope Guide Extension Catheter
`
`products along with Defendants’ Guide Catheters and/or third-party guide catheters, a
`
`hemostasis valve, and a stent or balloon catheter in a way that infringes the ‘116 patent
`
`by, at a minimum, providing instructions to its end users and/or customers on how to use
`
`the Telescope Guide Extension Catheter products, and Defendants knew and know that
`
`their actions would induce, have induced, and will continue to induce infringement by
`
`end users and/or customers.
`
`Defendants have contributed to and continue to contribute to the infringement of
`
`one or more claims of the ’379 patent by importing into the United States (directly or
`
`
`
`18
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`Page 18
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`Medtronic Exhibit 1495
`
`
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`through intermediaries) and/or offering to sell and selling (directly or through
`
`intermediaries), to end users and/or customers, in the United States, its Telescope
`
`catheter, a product that constitutes a component of a patented machine, manufacture,
`
`combination or composition covered by the ‘379 patent. Defendants know their products
`
`are especially made or especially adapted for use in an infringement and that there is no
`
`substantial noninfringing use for a Telescope catheter without a guide catheter. E.g., Ex.
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`A at 39 (“I.D. (in.)…0.056”…“Required GC I.D. (in.)…6F ≥ 0.070”, “I.D.
`
`(in.)…0.062”…“Required GC I.D. (in.)…7F ≥ 0.078”); Ex. B at 4 (“Telescope guide
`
`extension catheter is intended to be used in conjunction with guide catheters . . . .”) (“The
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`guide extension catheter is designed to act as an extension to a traditional guide catheter .
`
`. . .”) (“The guide extension catheter is offered in sizes compatible with 6 Fr and 7 Fr
`
`guide catheters . . . .”) (“The guide extension catheter is delivered through a guide
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`catheter resulting in an overall inner diameter that is approximately 1 Fr smaller than the
`
`guide catheter.”), 5 (“Other items that are required but not provided in the package:
`
`Guide catheter . . . .”); Ex. E at 5 (“The guide extension catheter is designed to act as an
`
`extension to a traditional guide catheter . . . .”) (“TelescopeTM Guide Extension Catheter
`
`is intended to be used in conjunction with guide catheters . . . .”). The Telescope catheter
`
`constitutes a material part of the invention, and end users and/or customers have used the
`
`Telescope catheter, along with a guide catheter and/or one of Defen
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