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Judge Stark construes terms of patents related to “intervertebral implant” devices

Judge Stark recently issued the Court’s claim construction opinion construing the terms of U.S. Patent Nos. 7,846,207, 7,862,616, and 7,875,076. The patents relate to “medical devices called ‘intervertebral implants’ and methods of implanting such devices between adjacent vertebrae in spinal fusion procedures.” Depuy Synthes Products, LLC v. Globus Medical, Inc., C.A. No. 11-652-LPS (D. Del. May 7, 2013).

Judge Stark construed the following terms:

“[front] plate/plate”
“securing plate”
“upper surface [of the plate]”
“lower surface [of the plate]”
“upper plane [of the body]”
“underside plane [of the body]”
“lower plane [of the body]”
“plate top surface located generally on the upper plane/plate top surface”
“plate lower surface located generally on the lower plane/plate lower surface”
“borehole”
“being anchorable within the first and second boreholes and the first and second partial boreholes”
“first and second boreholes of the front plate diverge when viewed from the front surface/ diverge”
“captured between the front plate and the securing plate”
“located between the plate and the securing plate”
“contained between the adjacent vertebral bodies when the implant is inserted between the adjacent vertebral bodies”
“positioned between the upper and lower planes”
“the first and second boreholes of the front plate and the first and second heads are covered at least partly by the securing plate I covered at least partly by the securing plate”
“the securing plate at least partially covering each of the plurality of boreholes/the securing plate at least partially covering”
“the securing mechanism at least partially covering each of the plurality of boreholes/the securing mechanism at least partially covering”
“attaching a securing plate with a fastening agent over the first and second head portions of the first and second fixation elements”
“partial borehole in communication with the front surface and the upperside/underside of the body”
“non-metallic material”
“the first height being substantially equal to the second height so that the three dimensional body and the plate are contained between the adjacent vertebral bodies when the implant is inserted between the adjacent vertebral bodies/the first height being substantially equal to the second height”
“the second height being generally equal to the first height”
“the first and second heads and the first and second boreholes and partial boreholes positioned substantially between the upper and underside planes/positioned substantially between the upper and underside planes”
“securing mechanism”
“fastening agent”
“upper surface”
“lower surface”
“upper side”
“underside”
“upper vertebra”
“lower vertebra”
“upper endplate”
“lower endplate”

Depuy Synthes Products, LLC v. Globus Medical, Inc., C.A. No. 11-652-LPS (D. Del. May 7, 2013)

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