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Inc. v. Orthopediatrics Corp.

United States District Court, D. Delaware

May 30, 2018

K2M, INC., Plaintiff,
v.
ORTHOPEDIATRICS CORP. and ORTHOPEDIATRICS U.S. DISTRIBUTION CORP., Defendants.

          ORDER CONSTRUING THE TERMS OF U.S. PATENT NOS. 9, 532.816 AND 9.655.664

         After having considered the submissions of the parties and hearing oral argument on the matter, IT IS HEREBY ORDERED, ADJUDGED, and DECREED that, as used in the asserted claims of U.S. Patent Nos. 9, 532, 816 (the '"816 Patent") and 9, 655, 664 (the '"664 Patent"):[1]

1. The phrase "grasping members configured to grasp a portion of a bone anchor therebetween" as used in Claim 16 of the '816 Patent and Claims 8, 12, and 17 of the '644 Patent is construed pursuant to 35 U.S.C. § 112, ¶ 6. The claimed function is: "grasping a portion of a bone anchor." The corresponding structure is: "grasping members 64, 66; grasping elements 80, 82; and rod contact member 20."[2]
2. The phrase "extending through the housing" as used in Claim 16 of the '816 Patent and Claims 8, 12, and 17 of the '664 Patent is construed as "extending through the fixed portion of the of the rod reducing device that defines the body through passage."[3]
3. The term "translatable" as used in Claim 16 of the '816 Patent and Claims 8, 12, and 17 of the '664 Patent is construed as "capable of downward motion along the longitudinal axis."[4]
4. The phrase "grasping members defining a plane" as used in Claim 16 of the '816 Patent and Claims 1, 8, 12, 17 of the '664 Patent is construed as "a plane defined by any three non-collinear points on the grasping members, where two of the points are on one grasping member and the other point is on the other grasping member."[5]

         The'816 Patent

5. The phrase "grasping feature engageable with a portion of a bone anchor" as used in Claim 18 of the '816 Patent is construed pursuant to 35 U.S.C. § 112, ¶ 6. The claimed function is "engaging with a portion of a bone anchor." The corresponding structure is "grasping elements 80, 82."[6]

         The '664 Patent

6. The phrase "first and second elongated grasping members" as used in Claim 1 of the '664 Patent is construed pursuant to 35 U.S.C. § 112, ¶ 6. The claimed function is "grasping a portion of a bone anchor." The corresponding structure is "grasping members 64, 66, grasping elements 80, 82; and rod contact member 20."[7]
7. The phrase "screw grasping element" as used in Claim 1 of the '664 Patent is construed pursuant to 35 U.S.C. § 112, ¶ 6. The claimed function is "grasping a screw." The corresponding structure is "grasping elements 80, 82."[8]

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Notes:

[1] The '816 Patent and the '664 Patent share the same specification. All citations to the specification in this order will be made to the '816 Patent.

[2] Defendants OrthoPediatrics Corp. and OrthoPediatrics U.S. Distribution Corp. argue that this claim should be construed pursuant to § 112, ¶ 6 with the function being "grasping a portion of a bone anchor" and the corresponding structure being "grasping members 64, 66; grasping elements 80, 82; and rod contact member 20." (D.I. 43 at 11.) Plaintiff K2M, Inc. urges the court to adopt the claim's plain and ordinary meaning. (D.I. 44 at 5-6.) If the court determines that a means-plus-function construction is required, Plaintiff agrees with Defendants' claimed ...


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