Intervertebral implant

Information

  • Patent Grant
  • 9526624
  • Patent Number
    9,526,624
  • Date Filed
    Monday, January 26, 2015
    9 years ago
  • Date Issued
    Tuesday, December 27, 2016
    7 years ago
Abstract
An intervertebral implant comprises first and second parts having outer surfaces engaging adjacent vertebral surfaces. An insert between these parts provides relative movement therebetween. The first and/or second parts may have engagement means in the form of apertures for engagement with insertion instruments. The first and second parts may nest together, in the absence of the insert, for insertion into the intervertebral space. The boundaries of the implant may form a working space which would include insertion instruments therein. A detent and detent recess may be provided for engagement of the insert and one of said first and second parts.
Description
BACKGROUND OF THE INVENTION

The invention relates to an intervertebral implant, having an upper part that has a support face for a vertebra and a lower part that has a support face for an adjacent vertebra, on each of which parts engagement elements, which are accessible from one side of the intervertebral implant, for a manipulation instrument are disposed, in order to minimize the structural height of the intervertebral implant upon insertion into an intervertebral space.


One such intervertebral implant is known for instance from U.S. Pat. No. 5,314,477. This intervertebral implant is used to replace a disk removed from the intervertebral space, and accordingly the intervertebral implant must have a relatively low structural height, since it has to fit into the gap between vertebrae. This is particularly difficult if an additional pivot insert is also embedded between the upper part and the lower part, as is the case in the known intervertebral implant of U.S. Pat. No. 5,314,477.


But even in two-piece intervertebral implants, difficulties also arise, especially if the implants also have pins and other protrusions on their support faces that are intended for anchoring the intervertebral implant in the bone. Often, these parts can be inserted only by widening the intervertebral space greatly. Not only is this difficult, but it also presents the risk of injuries.


Since the intervertebral space has a relatively low height, it is also difficult for engagement elements that a manipulation instrument can engage to be secured to both parts of the intervertebral implant. It is conventional to have such manipulation instruments engage the upper part and the lower part separately, for instance by means of pins that are inserted into bores on the upper part and lower part, so that with the manipulation instrument, the two parts of the intervertebral implant can be inserted into the intervertebral space and can optionally also be varied in terms of their spacing from one another, thereby allowing a certain spreading open of the intervertebral space. In this respect, reference is made to the pincerlike manipulation instrument of U.S. Pat. No. 5,314,477.


Because of the strong forces, it is necessary to provide a certain structural height for the engagement elements; for instance, the receiving bores must have a certain diameter. This dictates a minimum structural height for the upper part and for the lower part, and in conventional intervertebral implants, the structural heights of the upper part and lower part are thus added together, so that even if the upper and lower parts rest directly on one another, a relatively great structural height of the intervertebral implant is still unavoidable.


SUMMARY OF THE INVENTION

It is the object of the invention to embody an intervertebral implant of this generic type in such a way that the minimum structural height is reduced, to make it easier to insert the intervertebral implant into the intervertebral space.


In an intervertebral implant of the type described at the outset, this object is attained in accordance with the invention in that it is proposed that the upper part and lower part each have protrusions and recesses aimed at the respectively other part, which are offset laterally from one another in such a way that when the upper part has been brought close to the lower part they mesh with one another; and that the engagement elements on the upper part and on the lower part are each disposed in protrusions of these parts in such a way that the engagement elements of the upper part and lower part are located side by side and at least partly overlap in the direction of the height of the intervertebral implant.


In such an embodiment, a minimal structural height of the two intervertebral implant parts resting on one another can be attained, since the engagement elements, which cannot fall below a minimal structural height, are each disposed in protrusions of the upper part and lower part, or in other words in the parts of the upper part and lower part that have the greatest structural height. These regions of great structural height are embodied as protrusions, next to which are respective recesses, into which the protrusions of the respectively other part can dip. As a result, on the one hand, the engagement elements for the manipulation instruments are located side by side, and on the other, they can at least partly overlap, so that the total structural height of the parts resting on one another of the intervertebral implant can be reduced markedly compared to conventional intervertebral implants. The result is accordingly an internested arrangement of the upper and lower parts, with maximal exploitation of the available material height.


It is favorable if the engagement elements are insertion openings for pinlike retaining elements of a manipulation instrument; because of the described construction, these insertion openings can have a relatively large diameter and can thus receive strong retaining pins, and nevertheless a relatively low structural height of the intervertebral implant with parts resting directly on one another is obtained.


It is advantageous if the insertion openings extend substantially parallel to the support faces; once again, this prevents an increase in the structural height of the intervertebral implant parts.


In a preferred embodiment, it is provided that the lower part has a central indentation, opposite the lower support face, which indentation is surrounded by a U-shaped edge. Thus with the lower part and upper part resting directly on one another, the indentation serves to receive a protrusion on the upper part.


It is advantageous if the upper part has a central protrusion that fits substantially in complimentary fashion into the indentation; that is, the total volume of the indentation is utilized for the protrusion.


It is also advantageous if the engagement elements of the lower part are disposed on the two ends of the U-shaped edge, or in other words are located on the outside.


Conversely, the engagement elements of the upper part can be disposed on the central protrusion of the upper part, or in other words are located farther inward than the engagement elements of the upper part.


In particular, the engagement elements of the upper part can be disposed near the lateral edges of the central protrusion, so that for the upper part as well, the spacing of the engagement elements can be selected to be relatively great; as a result, both the upper part and the lower part can be reliably secured against skewing.


It should already be noted here that the words “lower part” and “upper part” do not necessarily say anything about the installed position of the intervertebral implant in the spinal column; the part called the “lower part” could in fact be above in the spinal column. Therefore, these parts may also be referred to as first and second parts having outer and inner surfaces. What is essential is merely that the upper part and lower part define the intervertebral implant on opposite sides of the implant.


It is especially advantageous if the upper part and/or the lower part is embodied in substantially platelike fashion; these parts naturally, in accordance with the design of the invention, have protrusions and recesses that are oriented toward the respectively other part. The platelike embodiment, however, leads as a whole to a very low structural height of the intervertebral implant.


In a preferred embodiment, the lower part and the upper part each have a respective receptacle for a pivot insert. This pivot insert, which is placed between the upper part and lower part after the insertion of the intervertebral implant, supports the upper part and lower part against one another; it takes on a resilient function, for instance, and furthermore leads to a certain pivotability of the two parts of an intervertebral implant relative to one another, so that a pivotability of the adjacent vertebra is thus attainable as well.


In particular, it is advantageous if the pivot insert has at least one spherical support face, which engages the correspondingly spherically shaped receptacle.


It is favorable if the spherical receptacle is disposed in the central protrusion of the upper part.


It is also advantageous if the central indentation of the lower part forms the receptacle for the pivot insert.


According to a preferred embodiment of the invention, it is provided that the pivot insert can be inserted from the side into the receptacle, which has the engagement elements for a manipulation instrument. This is the side from which the upper part and lower part are introduced into the intervertebral space, and it is also from this side that the pivot insert can then be thrust between the already-inserted parts of the intervertebral implant.


It is favorable if the pivot insert is insertable into the receptacle along a guide.


In that the insert as well is preferably embodied substantially in platelike fashion.


An especially favorable design is obtained if the insert substantially completely fills up the central receptacle and with its spherical support face protrudes from the receptacle.





BRIEF DESCRIPTION OF THE DRAWINGS

The ensuing description of preferred embodiments of the invention serves in conjunction with the drawing to provide further explanation. Shown are:



FIG. 1: a perspective exploded view of an intervertebral implant with an upper part, a lower part, and a pivot insert that can be inserted between them;



FIG. 2: a perspective exploded view of the upper part and the lower part of the intervertebral implant, without an inserted pivot insert;



FIG. 3: a view similar to FIG. 2 with the pivot insert inserted into the lower part;



FIG. 4: a perspective view of the upper part and the lower part of the intervertebral implant with maximum mutual proximity;



FIG. 5: a front view of the intervertebral implant of FIG. 4;



FIG. 6: a perspective view of the intervertebral implant with the pivot insert inserted; and



FIG. 7: a cross-sectional view of the intervertebral implant of FIG. 6.





DETAILED DESCRIPTION OF THE PREFERRED EMBODIMENTS

The intervertebral implant 1 shown in the drawing includes three parts, namely a platelike upper part 2, a platelike lower part 3, and a substantially platelike pivot insert 4.


The upper part 2 is embodied flat on its top, thus creating a support face 5, on which various kinds of protrusions 6, 7 are disposed which serve the purpose of anchoring the upper part 2 in a vertebra that rests, with its end face toward an intervertebral space, on the support face.


The upper part 2 is substantially rectangular in cross section; in the exemplary embodiment shown, a longitudinal edge 8 curves outward.


On the two short sides of this rectangle, the thickness of the platelike upper part 2 is less than in the central region, so that along the short sides of the upper part 2, downward-pointing recesses 9 each extending parallel to these edges are formed that are open toward the outside. The central region of the upper part 2 is located between the two recesses 9 and thus has a greater thickness or height and thus forms a downward-pointing protrusion 10 embodied between the two recesses 9. This protrusion is defined by an underside 11, which extends substantially parallel to the support face 5 and in which there is a spherical indentation 12, which forms a bearing plate for the pivot insert 4.


The lower part 3 of the intervertebral implant 1 is also platelike in embodiment and on its underside has a flat support face 13 with protrusions 14 and 15, which correspond to the protrusions 6 and 7 of the support face 5. On the side remote from the support face 13, the thickness of the lower part 3 is less in the central region than in an outer region. This outer region of greater thickness has the form of a U, with two parallel legs 16, 17, which extend parallel to the short edges of the lower part 3, which in cross section is embodied similarly to the upper part 2, and with a crosspiece 18 that connects the two legs 16 and 17 on one end. The region enclosed by the legs 16 and 17 and the crosspiece 18 forms a central indentation 19, whose area is substantially equivalent to the area of the central protrusion 10 of the upper part 2, while the disposition and length of the legs 16 and 17 correspond essentially to the disposition and length of the recesses 9 on the upper part 2. As a result, it is possible to place the upper 2 and lower part 3 on one another in such a way that the central protrusion 10 of the upper 2 dips into the central indentation 19, while the legs 16 and 17 of the lower part 3 dip into the recesses 9 of the upper part 2 (FIG. 4); in this position, the upper part 2 and lower part 3 have maximum proximity to one another and a minimal structural height.


The dimensions are selected such that the various recesses are essentially filled completely by the protrusions dipping into them.


Blind bores 20 and 21 are machined into the two legs 16 and 17 of the lower part 3, extending parallel to these legs 16, 17 from their free ends; the diameter of these bores is relatively great in proportion to the height of the legs 16, 17, and this diameter is in fact greater than the thickness or height of the lower part 3 in the region of the central indentation 19.


Blind bores 22 and 23, which extend parallel to the blind bores 20 and 21 in the lower part 3, are machined into the central protrusion 10 of the upper part 2, in the vicinity of its side edges. These blind bores 22 and 23 again have a relatively great diameter, which corresponds to a substantial portion of the height of the protrusion 10 and is greater than the thickness of the upper part 2 in the region of the recesses 9.


When the upper part 2 and lower part 3 rest tightly against one another in the manner described, the blind bores 20 and 21 of the lower part 3 and the blind bores 22 and 23 of the upper part 2 overlap at least partly in the direction of the height of the intervertebral implant 1, as is clearly shown in FIGS. 4 and 5.


The blind bores 20, 21, 22 and 23 serve as receptacles for pinlike extensions of a manipulation instrument, not shown in the drawing, and thus form engagement elements for this manipulation instrument, which in this way separately engages the upper part 2 and the lower part 3. With this manipulation instrument, it is possible to introduce the upper part 2 and the lower part 3 of the intervertebral implant 1 into an intervertebral space; the very low structural height of the intervertebral implant 1 facilitates this introduction, which can be done essentially without major widening of the intervertebral space.


After the introduction of the upper part 2 and lower part 3 in this way, the two parts of the intervertebral implant 1 can be spread apart; that is, their spacing is increased, for instance with the aid of the manipulation instrument that is holding the upper 2 and the lower part 3.


In this spread-open position of the upper part 2 and lower part 3, it is possible to thrust the pivot insert 4 between the upper part 2 and the lower part 3.


This pivot insert is constructed essentially in the shape of a plate, which has a flat underside 24 and a spherically upward-curved top side 25. The outer dimensions of the platelike pivot insert correspond to those of the central indentation 19 in the lower part 3, so that the pivot insert 4 can be thrust into this indentation, filling it up, specifically from the side toward which the blind bores 20, 21, 22, 23 open. Guide strips 26 on the side edges of the pivot insert 4 engage corresponding guide grooves 27 in the legs 16, 17, so that an insertion guide for the pivot insert 4 is formed that fixes it in the lower part 3 after its insertion. The inserted pivot insert 4, after insertion, fills up the indentation 19 and protrudes with its spherically curved top side 25 upward past the top side of the lower part 3; the spherical top side 25 dips in complimentary fashion into the spherically curved indentation 12 on the underside of the protrusion 10, where with the upper part 2 it forms a ball joint, which enables a certain pivotability of the upper part 2 relative to the lower part 3 (FIG. 7).


The pivot insert 4 can have a detent protrusion 28 on its flat underside 24; when the pivot insert 4 is inserted into the lower part 3, this protrusion locks elastically into a detent recess 29 that is located on the bottom of the indentation 19; as a result, the pivot insert 4 is also fixed in the insertion direction in the indentation 19.


The upper part 2 and lower part 3 are preferably made of physiologically safe metal, such as titanium, while the pivot insert 4 preferably comprises a likewise physiologically safe plastic material, such as polyethylene. These support faces 5 and 13 can be embodied in an especially bone-compatible way; for instance, this surface can be roughened by a coating, so that optimal anchoring to the adjacent bone material is obtained.


The invention may also be described as follows, which description is the full equivalent of the preceding discussion. An upper part 2 has an upper surface 5 for engaging a vertebrae and a lower surface which comprises a downward pointing protrusion 10 between side recesses 9 and a rounded portion, preferably in the form of a concave spherical indentation 12. A lower part 3 has a lower surface 13 for engaging a vertebrae. A pivot insert 4, when joined to the lower part 3, as shown for example in FIG. 3, provides a convex upper surface portion 25, preferably spherical, in operational engagement with the rounded portion 12 of the upper part.


The lower part 3 and pivot insert 4 may, taken together, be described as a lower part formed in two pieces, namely the elements 3 and 4, wherein the element 3 may be referred to as a lower piece and the element 4 may be referred to as an upper piece.


The upper and lower parts include on their upper surface and lower surface, respectively, protrusions 7 and 14 which may also be referred to as anchors, which anchor the upper and lower parts, respectively, into the adjacent vertebrae that form the intervertebral space and rest against the respective upper and lower surfaces.


As shown in the figures, the anchors 6 and 14 each have a zigzag edge which comprise teeth. As best shown in FIG. 7, anchor 6 is greater in height than the remainder of the upper part 2, i.e., from surface 5 to the bottom of protrusion 10. Similarly, anchor 14 is greater in height than the remainder of the lower part 3, i.e., from lower surface 13 to the top of walls 16, 17 and 18. As also shown in the figures, in the preferred embodiment, the length of the anchors 6 and 14, i.e., in the direction from the anterior to the posterior thereof, is greater than one half of the overall dimension of its respective part from its anterior to its posterior, passing through that anchor.


The lower part comprises three walls including parallel side walls 16 and 17 and a rear wall 18. These walls form between them a central indentation 19 which comprises a recess with a generally flat surface. The fourth side of the recess is open. The pivot insert 4 has a detent 28 that snap-fits into a detent recess 29 formed in the generally flat surface of recess 19.


As best shown in FIGS. 2, 4 and 5, in the absence of pivot insert 4, the protrusion 10 of upper part 2 can fit down between walls 16, 17 and 18 of the lower part 2. This fitting of protrusion 10 within the recess 19, surrounded by walls 16, 17 and 18 may be referred to as “nesting” since the protrusion 10 essentially “nests” within recess 19. With the upper and lower parts in this nested condition, as shown in FIGS. 4 and 5, the combined height of the upper and lower parts 2 and 3, i.e., the height from surface 13 to surface 5, is less than the total additive height of the upper and lower parts, taken separately, i.e., less than the total of the height from surface 13 to the top of walls 16, 17 and 18 plus the height from surface 5 to the bottom of protrusion 10.


To reach its final destination within an intervertebral space, the implant must of course be moved along a path from outside of the patient, into the patient, and then into the intervertebral space. In the illustrated embodiment, as described above, instruments would engage apertures 20, 21, 22 and 23 to move the implant along a path. The anchors 6 and 14 are parallel to this path. As a point of reference, lateral planes parallel to the direction of this path pass through opposed side surfaces of the parts. Thus, in the illustrated embodiment, the path would be parallel to the front to rear (anterior to posterior) direction, wherein, during insertion, the rear (posterior) of the implant would constitute the lead end and the front (anterior) thereof would constitute the trailing end.


Although the invention has been described in detail with respect to preferred embodiments thereof, it will be apparent that the invention is capable of numerous modifications and variations, apparent to those skilled in the art, without departing from the spirit and scope of the invention.

Claims
  • 1. An intervertebral implant sized and configured to replace a natural disk removed from an intervertebral space between opposing end faces of a first vertebra and an adjacent second vertebra, the intervertebral implant having a height extending in a first direction, a width extending in a second direction, and a depth extending in a third direction, where the first, second, and third directions are each perpendicular to each other, the implant having a maximum width greater than an implant maximum depth, the implant comprising: a first part having an outer surface facing substantially in the first direction and configured to rest against the end face of the first vertebra and having an inner surface facing substantially opposite the outer surface, the inner surface comprising a spherical, concave portion;a second part having an outer surface facing substantially opposite the outer surface of the first part and configured to rest against the end face of the second vertebra and an opposing inner surface facing substantially in the first direction;a removable pivot insert located between the first part and the second part along the first direction and having an upper surface facing substantially in the first direction, a lower surface that faces opposite the upper surface of the insert, and a sidewall that extends circumferentially around the pivot insert, the sidewall connecting the upper and lower surfaces of the pivot insert, the pivot insert including a spherical, convex portion on the upper surface configured to operatively engage the spherical, concave portion of the first part where the spherical, convex portion is smaller in area, transversely, than the upper surface of the insert; anda first anchor located on the outer surface of the first part, the first anchor having a height extending in the first direction, a width extending in the second direction, and a depth extending in the third direction, wherein the first anchor has a first anchor base connecting the first anchor to the outer surface of the first part and wherein the first anchor base has a first base depth that extends depthwise substantially along a first midline that extends in the third direction and that is located essentially midway across the width of the outer surface of the first part, and a first base width that extends in the second direction and is less than the first base depth, where the first anchor has a first center height measured from the outer surface of the first part at a first center position located at approximately a center of the first midline and the first anchor has a mid-anchor width measured at a location half of the first center height and wherein the first center height is greater than the mid-anchor width of the first anchor, and the first base depth is greater than the mid-anchor width of the first anchor, and wherein the first anchor has a first anchor top opposite the first anchor base having a first top width less than the first base width;a second anchor located on the outer surface of the second part, the second anchor having a height extending in the first direction, a width extending in the second direction, and a depth extending in the third direction, wherein the second anchor has a second anchor base connecting the second anchor to the outer surface of the second part and wherein the second anchor base has a second base depth that extends depthwise substantially along a second midline that extends in the third direction and that is located essentially midway across the width of the outer surface of the second part, and a second base width that extends in the second direction and is less than the second base depth, where the second anchor has a second center height measured from the outer surface of the second part at a second center position located at approximately a center of the second midline and the second anchor has a mid-anchor width measured at a location half of the second center height and wherein the second center height is greater than the mid-anchor width of the second anchor, and the second base depth is greater than the mid-anchor width of the second anchor, and wherein the second anchor has a second anchor top opposite the second anchor base having a second top width less than the second base width;wherein the first center height is greater than a height of a remainder of the first part measured from the outer surface to the inner surface of the first part at the first center position; andwherein the first midline is the only location on the outer surface of the first part having an anchor having a maximum height equating to the first center height; andwherein the second midline is the only location on the outer surface of the second part having an anchor having a maximum height equating to the second center height.
  • 2. The intervertebral implant of claim 1 wherein the second part comprises a recess extending inwardly from the inner surface of the second part toward the outer surface of the second part, and the pivot insert comprises a protrusion extending from the lower surface of the pivot insert, and wherein the protrusion extends into the recess of the second part.
  • 3. The intervertebral implant of claim 2 wherein the outer surfaces of the first and second parts comprise a roughened coating.
  • 4. The intervertebral implant of claim 3 wherein the upper surface of the pivot insert further comprises a substantially planar portion facing substantially in the first direction and bounded by the sidewall and the spherical convex portion of the insert.
  • 5. The intervertebral implant of claim 4 wherein the protrusion of the pivot insert has a width in the second direction and a height in the first direction where the width is greater than the height of the protrusion and the protrusion is configured to elastically lock into the recess of the second part.
  • 6. An assemblage of related components comprising a first part, a second part, and a pivot insert that are each sized to form, when assembled, an intervertebral implant sized and configured to replace a natural disk removed from an intervertebral space between opposing end faces of a first vertebra and an adjacent second vertebra, the intervertebral implant having a height extending in a first direction, a width extending in a second direction, and a depth extending in a third direction, where the first, second, and third directions are each perpendicular to each other, the implant having a maximum width greater than an implant maximum depth, the assemblage comprising: the first part including an outer surface facing substantially in the first direction and configured to rest against the end face of the first vertebra and having an inner surface facing substantially opposite the outer surface, the inner surface comprising a spherical, concave portion;the second part including an outer surface facing substantially opposite the outer surface of the first part and configured to rest against the end face of the second vertebra and an opposing inner surface facing substantially in the first direction;the pivot insert configured to be located between the first part and the second part and having an upper surface facing substantially in the first direction, a lower surface that faces opposite the upper surface of the pivot insert, and a sidewall that extends circumferentially around the pivot insert connecting the upper and lower surfaces of the pivot insert, the pivot insert including a spherical, convex portion on the upper surface configured to operatively engage the concave portion of the first part where the spherical, convex portion is smaller in area, transversely, than the upper surface of the pivot insert; andwherein the first part further comprises a first anchor located on the outer surface of the first part and having a height extending in the first direction, a width extending in the second direction, and a depth extending in the third direction, wherein the first anchor has a first base connecting the first anchor to the outer surface of the first part and wherein the first base has a first base depth that extends depthwise substantially along a first midline that extends in the third direction and that is located essentially midway across the width of the outer surface of the first part, and a first base width that extends in the second direction and is less than the first base depth, where the first anchor has a first center height measured from the outer surface of the first part at a first center position located at approximately a center of the first midline and the first anchor has a mid-anchor width measured at a location half of the first center height and wherein the first center height is greater than the mid-anchor width of the first anchor, and the first base depth is greater than the mid-anchor width of the first anchor, and wherein the first anchor has a first anchor top opposite the first base having a first top width less than the first base width;wherein the second part further comprises a second anchor located on the outer surface of the second part and having a height extending in the first direction, a width extending in the second direction, and a depth extending in the third direction, wherein the second anchor has a second base connecting the second anchor to the outer surface of the second part and wherein the second base has a second base depth that extends depthwise substantially along a second midline that extends in the third direction and that is located essentially midway across the width of the outer surface of the second part, and a second base width that extends in the second direction and is less than the second base depth, where the second anchor has a second center height measured from the outer surface of the second part at a second center position located at approximately a center of the second midline and the second anchor has a mid-anchor width measured at a location half of the second center height and wherein the second center height is greater than the mid-anchor width of the second anchor, and the second base depth is greater than the mid-anchor width of the second anchor, and wherein the second anchor has a second anchor top opposite the second base having a second top width less than the second base width;wherein the first center height is greater than a height of a remainder of the first part measured from the outer surface of the first part to the inner surface of the first part at the first center position;wherein the first midline is the only location on the outer surface of the first part having an anchor having a height equating to the first center height, andwherein the second midline is the only location on the outer surface of the second part having an anchor having a height equating to the second center height.
  • 7. The assemblage of claim 6 wherein the second part comprises a recess extending inwardly from the inner surface of the second part toward the outer surface of the second part, and the pivot insert comprises a protrusion extending from the lower surface of the pivot insert, and wherein the protrusion is configured to extend into the recess of the second part.
  • 8. The assemblage of claim 7 wherein the outer surfaces of the first and second parts comprise a roughened coating.
  • 9. The assemblage of claim 8 wherein the upper surface of the pivot insert further comprises a substantially planar portion facing substantially in the first direction and bounded by the sidewall and the spherical convex portion of the insert.
  • 10. The assemblage of claim 9 wherein the protrusion of the pivot insert has a width in the second direction and a height in the first direction where the width is greater than the height of the protrusion and the protrusion is configured to elastically lock into the recess of the second part.
CROSS REFERENCE TO RELATED APPLICATIONS

This application is a continuation of U.S. application Ser. No. 11/185,781 filed Jul. 21, 2005, now U.S. Pat. No. 8,974,530, which is a continuation of application Ser. No. 10/018,402, filed Jun. 12, 2002, now U.S. Pat. No. 6,936,071, which is a national stage entry of PCT/EP99/04628 filed Jul. 2, 1999, the entire disclosure of which are incorporated herein by reference.

US Referenced Citations (338)
Number Name Date Kind
114816 Heistand May 1871 A
3320951 Wittebol May 1967 A
3486505 Morrison Dec 1969 A
3510883 Cathcart May 1970 A
3579829 Sampson May 1971 A
3740769 Haboush Jun 1973 A
3875595 Froning Apr 1975 A
3903549 Deyerle Sep 1975 A
3992726 Freeman et al. Nov 1976 A
D243286 Deyerle Feb 1977 S
4021864 Waugh May 1977 A
4034746 Williams Jul 1977 A
4038897 Murray et al. Aug 1977 A
4038987 Komiya Aug 1977 A
4232404 Samuelson et al. Nov 1980 A
4309777 Patil Jan 1982 A
4349921 Kuntz Sep 1982 A
4467802 Maslanka Aug 1984 A
4470158 Pappas et al. Sep 1984 A
4545374 Jacobson Oct 1985 A
4550450 Kinnett Nov 1985 A
4622959 Marcus Nov 1986 A
4653487 Maale Mar 1987 A
4681589 Tronzo Jul 1987 A
4697586 Gazale Oct 1987 A
4714469 Kenna Dec 1987 A
4736738 Lipovsek et al. Apr 1988 A
4743262 Tronzo May 1988 A
4759766 Buettner-Janz et al. Jul 1988 A
4759769 Hedman et al. Jul 1988 A
4770661 Oh Sep 1988 A
4805607 Engelhardt et al. Feb 1989 A
4863476 Shepperd Sep 1989 A
4874389 Downey Oct 1989 A
4875474 Border Oct 1989 A
4892545 Day et al. Jan 1990 A
4932975 Main et al. Jun 1990 A
4936853 Fabian et al. Jun 1990 A
4936863 Hofmann Jun 1990 A
4946378 Hirayama et al. Aug 1990 A
4997432 Keller Mar 1991 A
5002576 Fuhrmann et al. Mar 1991 A
5004476 Cook Apr 1991 A
5022576 Jenq Jun 1991 A
5035716 Downey Jul 1991 A
5037438 Davidson Aug 1991 A
5062850 MacMillan et al. Nov 1991 A
5071437 Steffee Dec 1991 A
5108442 Smith Apr 1992 A
5122130 Keller Jun 1992 A
5171280 Baumgartner Dec 1992 A
5192327 Brantigan Mar 1993 A
5211645 Baumgartner et al. May 1993 A
5228455 Barcel Jul 1993 A
5236460 Barber Aug 1993 A
5258031 Salib et al. Nov 1993 A
5271737 Baldwin et al. Dec 1993 A
5282868 Bahler Feb 1994 A
5290312 Kojimoto et al. Mar 1994 A
5306308 Gross et al. Apr 1994 A
5306309 Wagner et al. Apr 1994 A
5314477 Marnay May 1994 A
5326366 Pascarella et al. Jul 1994 A
5336232 Green et al. Aug 1994 A
5344458 Bonutti Sep 1994 A
5364397 Hayes et al. Nov 1994 A
5370697 Baumgartner Dec 1994 A
5383888 Zvenyatsky et al. Jan 1995 A
5395317 Kambin Mar 1995 A
5401269 Buttner-Janz et al. Mar 1995 A
5409492 Jones et al. Apr 1995 A
5423825 Levine Jun 1995 A
5425773 Boyd et al. Jun 1995 A
5431658 Moskovich Jul 1995 A
5443514 Steffee Aug 1995 A
5458641 Ramirez Jimenez Oct 1995 A
5484437 Michelson Jan 1996 A
5489307 Kuslich et al. Feb 1996 A
5501654 Failla et al. Mar 1996 A
5505732 Michelson Apr 1996 A
5507816 Bullivant Apr 1996 A
5507821 Sennwald et al. Apr 1996 A
5509934 Cohen Apr 1996 A
5534029 Shima Jul 1996 A
5534030 Navarro et al. Jul 1996 A
5545229 Parsons et al. Aug 1996 A
5554191 Lahille et al. Sep 1996 A
5556431 Buttner-Janz et al. Sep 1996 A
5562736 Ray et al. Oct 1996 A
5562738 Boyd et al. Oct 1996 A
5571109 Bertagnoli Nov 1996 A
5591235 Kuslich Jan 1997 A
5609636 Kohrs et al. Mar 1997 A
5658347 Sarkisian et al. Aug 1997 A
5674296 Bryan et al. Oct 1997 A
5676701 Yuan et al. Oct 1997 A
5683465 Shinn et al. Nov 1997 A
5702469 Whipple et al. Dec 1997 A
5702486 Craig et al. Dec 1997 A
5716415 Steffee Feb 1998 A
5720751 Jackson Feb 1998 A
5722977 Wilhelmy Mar 1998 A
5755798 Papavero et al. May 1998 A
5755811 Tanamal et al. May 1998 A
5769852 Br.ang.nemark Jun 1998 A
5776199 Michelson Jul 1998 A
5782830 Farris Jul 1998 A
5782832 Larsen et al. Jul 1998 A
5797909 Michelson Aug 1998 A
5800547 Schafer et al. Sep 1998 A
5824094 Serhan et al. Oct 1998 A
D401335 Koros et al. Nov 1998 S
5865848 Baker Feb 1999 A
5885300 Tokuhashi et al. Mar 1999 A
5888226 Rogozinski Mar 1999 A
5895428 Berry Apr 1999 A
5897593 Kohrs et al. Apr 1999 A
5899901 Middleton May 1999 A
5899941 Nishijima et al. May 1999 A
5951564 Schroder et al. Sep 1999 A
6006174 Lin et al. Dec 1999 A
6010502 Bagby Jan 2000 A
6017342 Rinner Jan 2000 A
6033405 Winslow et al. Mar 2000 A
6036692 Burel et al. Mar 2000 A
6039763 Shelokov Mar 2000 A
6042582 Ray et al. Mar 2000 A
6059790 Sand et al. May 2000 A
6063088 Winslow May 2000 A
6063121 Xavier et al. May 2000 A
6080155 Michelson Jun 2000 A
6083225 Winslow et al. Jul 2000 A
6086595 Yonemura et al. Jul 2000 A
6096038 Michelson Aug 2000 A
6096080 Nicholson et al. Aug 2000 A
6102950 Vaccaro Aug 2000 A
6102954 Albrektsson et al. Aug 2000 A
6110179 Flivik et al. Aug 2000 A
6113602 Sand Sep 2000 A
6113637 Gill et al. Sep 2000 A
6113638 Williams et al. Sep 2000 A
6126660 Dietz Oct 2000 A
6126674 Janzen Oct 2000 A
6146421 Gordon et al. Nov 2000 A
6156040 Yonemura et al. Dec 2000 A
6159215 Urbahns et al. Dec 2000 A
6171339 Houfburg et al. Jan 2001 B1
6174311 Branch et al. Jan 2001 B1
6179874 Cauthen Jan 2001 B1
6224599 Baynham et al. May 2001 B1
6238414 Griffiths May 2001 B1
6241769 Nicholson et al. Jun 2001 B1
6251140 Marino et al. Jun 2001 B1
6261296 Aebi et al. Jul 2001 B1
6264655 Pisharodi Jul 2001 B1
6270498 Michelson Aug 2001 B1
6296647 Robioneck et al. Oct 2001 B1
6309421 Pisharodi Oct 2001 B1
6368350 Erickson et al. Apr 2002 B1
6368351 Glenn et al. Apr 2002 B1
6368353 Arcand Apr 2002 B1
6375681 Truscott Apr 2002 B1
6395030 Songer et al. May 2002 B1
6402785 Zdeblick et al. Jun 2002 B1
6413278 Marchosky Jul 2002 B1
6436139 Shapiro et al. Aug 2002 B1
6440142 Ralph et al. Aug 2002 B1
6440168 Cauthen Aug 2002 B1
6440169 Elberg et al. Aug 2002 B1
6447547 Michelson Sep 2002 B1
6478800 Fraser et al. Nov 2002 B1
6478801 Ralph et al. Nov 2002 B1
6478823 Michelson Nov 2002 B1
6500206 Bryan Dec 2002 B1
6517544 Michelson Feb 2003 B1
6558424 Thalgott May 2003 B2
6565574 Michelson May 2003 B2
6595995 Zdeblick et al. Jul 2003 B2
6599294 Fuss et al. Jul 2003 B2
6610065 Branch et al. Aug 2003 B1
6613091 Zdeblick et al. Sep 2003 B1
6626943 Eberlein et al. Sep 2003 B2
6635060 Hanson et al. Oct 2003 B2
6641582 Hanson et al. Nov 2003 B1
6641614 Wagner et al. Nov 2003 B1
6652533 O'Neil Nov 2003 B2
6652534 Zucherman et al. Nov 2003 B2
6679886 Weikel et al. Jan 2004 B2
6682562 Viart Jan 2004 B2
6712819 Zucherman et al. Mar 2004 B2
6712825 Aebi et al. Mar 2004 B2
6733505 Li May 2004 B2
6740118 Eisermann May 2004 B2
6746454 Winterbottom et al. Jun 2004 B2
6755841 Fraser et al. Jun 2004 B2
6770074 Michelson Aug 2004 B2
6824565 Muhanna et al. Nov 2004 B2
6835207 Zacouto et al. Dec 2004 B2
6875213 Michelson Apr 2005 B2
6896676 Zubok et al. May 2005 B2
6936071 Marnay et al. Aug 2005 B1
6964687 Bernard et al. Nov 2005 B1
6966912 Michelson Nov 2005 B2
7037340 Gau May 2006 B2
7048766 Ferree May 2006 B2
7081120 Li et al. Jul 2006 B2
7083649 Zucherman et al. Aug 2006 B2
7118580 Beyersdorff et al. Oct 2006 B1
7153303 Squires et al. Dec 2006 B2
7169182 Errico et al. Jan 2007 B2
7204852 Marnay et al. Apr 2007 B2
7238203 Bagga et al. Jul 2007 B2
7252673 Lim Aug 2007 B2
7491204 Marnay Feb 2009 B2
7547309 Bertagnoli et al. Jun 2009 B2
7575576 Zubok et al. Aug 2009 B2
7641692 Bryan et al. Jan 2010 B2
7803162 Marnay et al. Sep 2010 B2
7811325 Cannon et al. Oct 2010 B2
7837732 Zucherman et al. Nov 2010 B2
7857856 Trieu Dec 2010 B2
8025684 Garcia-Bengochea et al. Sep 2011 B2
8092542 Bryan et al. Jan 2012 B2
8506634 Marnay et al. Aug 2013 B2
8795371 Marnay et al. Aug 2014 B2
8882839 Marnay Nov 2014 B2
8974530 Marnay Mar 2015 B2
20020016633 Lin et al. Feb 2002 A1
20020049497 Mason Apr 2002 A1
20020065558 Varga et al. May 2002 A1
20020072752 Zucherman et al. Jun 2002 A1
20020077702 Castro Jun 2002 A1
20020165612 Gerber et al. Nov 2002 A1
20030028197 Hanson et al. Feb 2003 A1
20030083747 Winterbottom et al. May 2003 A1
20030135275 Garcia et al. Jul 2003 A1
20030191534 Viart et al. Oct 2003 A1
20030195631 Ferree Oct 2003 A1
20030204261 Eisermann Oct 2003 A1
20030208273 Eisermann et al. Nov 2003 A1
20030233145 Landry et al. Dec 2003 A1
20040002758 Landry et al. Jan 2004 A1
20040002761 Rogers et al. Jan 2004 A1
20040010316 William et al. Jan 2004 A1
20040024462 Ferree et al. Feb 2004 A1
20040030387 Landry et al. Feb 2004 A1
20040097929 Branch et al. May 2004 A1
20040117022 Marnay et al. Jun 2004 A1
20040133278 Marino et al. Jul 2004 A1
20040138750 Mitchell Jul 2004 A1
20040143332 Krueger et al. Jul 2004 A1
20040172133 Gerber et al. Sep 2004 A1
20040215198 Marnay et al. Oct 2004 A1
20040225295 Zubok et al. Nov 2004 A1
20040225366 Eisermann et al. Nov 2004 A1
20050021042 Marnay et al. Jan 2005 A1
20050021145 de Villiers et al. Jan 2005 A1
20050021146 de Villiers et al. Jan 2005 A1
20050043802 Eisermann et al. Feb 2005 A1
20050060034 Berry et al. Mar 2005 A1
20050060035 Errico et al. Mar 2005 A1
20050085917 Marnay et al. Apr 2005 A1
20050113926 Zucherman et al. May 2005 A1
20050125061 Zucherman et al. Jun 2005 A1
20050143747 Zubok et al. Jun 2005 A1
20050143749 Zalenski et al. Jun 2005 A1
20050143820 Zucherman et al. Jun 2005 A1
20050154462 Zucherman et al. Jul 2005 A1
20050159818 Blain Jul 2005 A1
20050165408 Puna et al. Jul 2005 A1
20050203626 Sears et al. Sep 2005 A1
20050228500 Kim et al. Oct 2005 A1
20050246022 Zubok et al. Nov 2005 A1
20050251260 Gerber et al. Nov 2005 A1
20050261769 Moskowitz et al. Nov 2005 A1
20050267581 Marnay et al. Dec 2005 A1
20060030856 Drewry et al. Feb 2006 A1
20060030860 Peterman Feb 2006 A1
20060036326 Baumgartner et al. Feb 2006 A1
20060041313 Allard et al. Feb 2006 A1
20060064100 Bertagnoli et al. Mar 2006 A1
20060074489 Bryan Apr 2006 A1
20060089656 Allard et al. Apr 2006 A1
20060100633 Michelson May 2006 A1
20060116769 Marnay et al. Jun 2006 A1
20060149273 Ross et al. Jul 2006 A1
20060149378 Chase et al. Jul 2006 A1
20060210594 Trieu Sep 2006 A1
20060217809 Albert et al. Sep 2006 A1
20060235533 Blain Oct 2006 A1
20060241641 Albans et al. Oct 2006 A1
20060259147 Krishna et al. Nov 2006 A1
20060265077 Zwirkoski Nov 2006 A1
20070162134 Marnay Jul 2007 A1
20070179615 Heinz et al. Aug 2007 A1
20070191955 Zucherman et al. Aug 2007 A1
20070198089 Moskowitz et al. Aug 2007 A1
20070198093 Brodke et al. Aug 2007 A1
20070213821 Kwak et al. Sep 2007 A1
20070225812 Gill Sep 2007 A1
20070265707 Marnay et al. Nov 2007 A1
20080133013 Duggal et al. Jun 2008 A1
20080140204 Heinz Jun 2008 A1
20080140208 Zucherman et al. Jun 2008 A1
20080161923 Parsons Jul 2008 A1
20080215156 Duggal et al. Sep 2008 A1
20080228275 Cannon et al. Sep 2008 A1
20080234686 Beaurain Sep 2008 A1
20090043392 Duggal et al. Feb 2009 A1
20090043393 Duggal et al. Feb 2009 A1
20090069894 Duggal et al. Mar 2009 A1
20090076608 Gordon et al. Mar 2009 A1
20100070042 Bryan et al. Mar 2010 A1
20100217395 Bertagnoli et al. Aug 2010 A1
20100228351 Ankney et al. Sep 2010 A1
20100234954 Justis et al. Sep 2010 A1
20100280617 Coppes et al. Nov 2010 A1
20100292800 Zubok Nov 2010 A1
20100298941 Hes et al. Nov 2010 A1
20100324690 Cannon et al. Dec 2010 A1
20110082556 Duggal et al. Apr 2011 A1
20110087331 Reichen et al. Apr 2011 A1
20110118845 Overes et al. May 2011 A1
20110172773 Reichen et al. Jul 2011 A1
20110282458 Aferzon et al. Nov 2011 A1
20110295374 Bryan et al. Dec 2011 A1
20110320001 Hughes et al. Dec 2011 A1
20110320003 Duggal et al. Dec 2011 A1
20120083888 Moumene et al. Apr 2012 A1
20120101579 de Villiers et al. Apr 2012 A1
20120101582 Raiszadeh et al. Apr 2012 A1
20120232663 Zipnick Sep 2012 A1
20120290093 Hansell et al. Nov 2012 A1
20120310349 Gordon et al. Dec 2012 A1
20120316648 Lambrecht et al. Dec 2012 A1
20130023990 Zipnick et al. Jan 2013 A1
20130110240 Hansell et al. May 2013 A1
20130138217 Laurence et al. May 2013 A1
Foreign Referenced Citations (40)
Number Date Country
624573 Aug 1981 CH
101027005 Aug 2007 CN
101631517 Jan 2010 CN
2263842 Jul 1974 DE
2804936 Aug 1979 DE
3023353 Apr 1981 DE
3526742 Jan 1987 DE
4328690 Mar 1995 DE
0077159 Apr 1893 EP
0317972 May 1989 EP
0471821 Feb 1992 EP
0333990 Jul 1993 EP
0560141 Sep 1993 EP
0770367 May 1997 EP
0712607 Feb 2002 EP
2718635 Oct 1995 FR
2724108 Mar 1996 FR
2737656 Feb 1997 FR
2742653 Jun 1997 FR
2795945 Jan 2001 FR
2-261446 Oct 1990 JP
2010-521244 Jun 2010 JP
WO 8800951 Feb 1988 WO
WO 9113598 Sep 1991 WO
WO 9310725 Jun 1993 WO
WO 9814142 Apr 1998 WO
WO 9834552 Aug 1998 WO
WO 0101893 Jan 2001 WO
WO 0119295 Mar 2001 WO
WO 02071986 Sep 2002 WO
WO 03053290 Jul 2003 WO
WO 2004019828 Mar 2004 WO
WO 2004098380 Nov 2004 WO
WO 2005051243 Jun 2005 WO
WO 2005053580 Jun 2005 WO
WO 2006033067 Mar 2006 WO
WO 2006036580 Apr 2006 WO
WO 2008014258 Jan 2008 WO
WO 2008112956 Sep 2008 WO
200905900 May 2010 ZA
Non-Patent Literature Citations (97)
Entry
“Brief in Support of Medtronic's Motion for Judgment as a Matter of Law on the Obviousness of the '071 Patent, No Willful Infringement and No Lost Profits” (Dec. 4, 2008, Doc. 406), Spine Solutions, Inc. v. Medtronic Sofamor Danek, Inc. et al., U.S. District Court, Western District of Tennessee, Civil Docket #2:07-cv-02175-JPM-dkv.
“Appeal from the US District Court: Spine Solutions, Inc. vs. Medtronic Sofamor Danek USA, Inc.”, In the United States Court for the Western District of Tennessee, Case No. 07-CV-02175, Decided: Sep. 9, 2010, 28 pages.
In The United States Patent And Trademark Office, “Notice of Intent to Issue Ex Parte Reexamination Certificate,” Ex Parte Reexamination No. 90/010,655 and No. 90/009,542, Filed Aug. 24, 2009 and Jul. 24, 2009, date mailed Jul. 14, 2010, 9 pages.
In The United States Patent And Trademark Office, “Patent Owner's Response Pursuant to 37 C.F.R. § 1.550 in Merged Ex Parte Reexamination of U.S. Pat. No. 6,936,071,” Ex Parte Reexamination No. 90/010,655 and No. 90/009,542, Filed Aug. 24, 2009 and Jul. 24, 2009, dated May 19, 2010, 36 pages.
In The United States Patent and Trademark Office, “Request for Ex Parte Reexamination,” In re patent of: Marnay et al., U.S. Pat. No. 6,936,071, filed on Jul. 24, 2009, 70 pages.
In The United States Patent and Trademark Office, “Request for Ex Parte Reexamination,” In re patent of: Marnay et al., U.S. Pat. No. 6,936,071, filed on Aug. 24, 2009, 23 pages.
“Amended Judgment Awarding Enhanced Damages, Prejudgment Interest and Attorney Fees” (Filed Nov. 9, 2009, Doc. 521), 2 pages.
“Amended Order Denying Defendants' Motion for Summary Judgment of Invalidity Under 35 U.S.C. § 103” (Dated Nov. 6, 2008, Doc. 332), 20 pages.
“Amended Order Denying Medtronic's Renewed Motion for Judgment as a Matter of Law and Alternative Motion for a New Trial” (Filed Aug. 20, 2009, Doc. 494), 30 pages.
Judgment Awarding Enhanced Damages, Post-Dec. 31, 2007 Damages, Pre- and Post-Judgment Interest, and Injunctive Relief (Filed Aug. 26, 2009, Doc. 497), 2 pages.
“Order Amending and Altering the Judgment Entered on Aug. 26, 2009 to Alter the Amount of Damages and Interest Awarded and to Amend the Judgment to Provide for an Award of Attorney Fees” (Filed Nov. 9, 2009, Doc. 520), 20 pages.
“Order Denying Defendants' Motion for Summary Judgment of Invalidity under 35 U.S.C. § 103” (Dated Sep. 30, 2008, Doc. 317), 20 pages.
Order Denying Defendants' Motion for Summary Judgment of No Willful Infringemenf (Dated Sep. 30, 2008, Doc. 318), 12 pages.
“Order Denying Defendants' Motion for Summary Judgment of Non-infringement, or in the Alternative for Invalidity; Order Granting Plaintiff Spine Solutions, Inc.'s Motion for Partial Summary Judgment Dismissing Medtronic's 35 U.S.C. § 112 Defenses” (Dated Sep. 30, 2008, Doc. 314), 16 pages.
“Order Denying Defendants' Motion for Summary Judgment of Non-infringement on 0-MAV; Order Granting Plaintiff Spine Solutions, Inc.'s Motion for Partial Summary Judgment of Infringement of Claims 1 and 2 of U.S. Pat. No. 6,936,071” (Dated Sep. 30, 2008, Doc. 313), 14 pages.
“Order Denying Plaintiff Spine Solutions, Inc.'s Motion for Summary Judgment Regarding the Obviousness Defense” (Filed Nov. 6, 2008, Doc. 333) 2 pages.
“Order Denying Plaintiffs' Motion to Unseal the Court's Summary Judgment Orders, Post-Trial Orders, and Judgments” (Filed Dec. 23, 2009, Doc. 525), 8 pages.
Order Granting in Part and Denying in Part Plaintiffs' Motion for Treble Damages, Award of Attorney Fees, Expert Witness Fees, Expenses, Post Dec. 31, 2007 damages, and Pre- and Post-Judgment Interesf (Filed Aug. 26, 2009, Doc. 495), 24 pages.
“Order Granting Plaintiff Spine Solutions, Inc.'s Motion for Partial Summary Judgment (1) that the Asserted Claims of the '071 Patent Are Not Anticipated; and (2) that the (a) '785 Patent [U.S. Pat. No. 6,402,785], (b) Dr. Zdeblick and Mr. McKay's Alleged Invention, and (c) Numerous Unexplained References Are Not Prior Art” (Dated Sep. 30, 2008, Doc. 315), 14 pages.
“Order Granting Plaintiff Spine Solutions, Inc.'s Motion for Partial Summary Judgment of Failure of Defendants to State a Legal Defense or Claim for Relief Based on Inequitable Conduct” (Dated Sep. 30, 2008, Doc. 316), 10 pages.
“Order Granting Plaintiffs' Motion for Permanent Injunction” (Filed Aug. 26, 2009, doc. 496), 24 pages.
“Plaintiffs' Motion and Supporting Memorandum to Unseal the Court's Post-Trial Orders, Judgments, and Summary Judgment Orders” (Filed Nov. 17, 2009, Doc. 523), 7 pages.
In the United States Patent and Trademark Office, “Request for Ex Parte Reexamination”, In re patent of: Marnay et al., U.S. Pat. No. 6,936,071, filed on Jul. 24, 2009, 70 pages.
In the United States Patent and Trademark Office, “Request for Ex Parte Reexamination”, In re patent of: Marnay et al., U.S. Pat. No. 6,936,071, filed on Aug. 24, 2009, 23 pages.
In the United States Patent and Trademark Office, in U.S. Appl. No. 10/070,823, filed Jul. 15, 2002 Notice of Allowance mailed Jul. 24, 2006.
In the United States Patent and Trademark Office, in U.S. Appl. No. 10/070,823, filed Jul. 15, 2002, Examiner Interview Summary Record mailed Jul. 13, 2006.
In the United States Patent and Trademark Office, in U.S. Appl. No. 10/070,823, filed Jul. 15, 2002, Final Rejection mailed Aug. 23, 2005.
In the United States Patent and Trademark Office, in U.S. Appl. No. 10/070,823, filed Jul. 15, 2002, Non-Final Office Action, mailed Sep. 23, 2004.
In the United States Patent and Trademark Office, in U.S. Appl. No. 10/318,078, filed Dec. 13, 2002, Issue Notice mailed Mar. 28, 2007.
In the United States Patent and Trademark Office, in U.S. Appl. No. 10/318,078, filed Dec. 13, 2002, Notice of Allowance mailed Feb. 26, 2007.
In the United States Patent and Trademark Office, in U.S. Appl. No. 10/318,078, filed Dec. 13, 2002, Final Rejection mailed Aug. 1, 2006.
In the United States Patent and Trademark Office, in U.S. Appl. No. 10/318,078, filed Dec. 13, 2002, Final Rejection mailed Nov. 12, 2004.
In the United States Patent and Trademark Office, in U.S. Appl. No. 10/318,078, filed Dec. 13, 2002, Non-Final Office Action mailed Apr. 21, 2004.
In the United States Patent and Trademark Office, in U.S. Appl. No. 10/318,078, filed Dec. 13, 2002, Non-Final Office Action mailed Aug. 8, 2005.
In the United States Patent and Trademark Office, in U.S. Appl. No. 10/622,535 filed Jul. 21, 2003: Non Final Office Action mailed Apr. 26, 2007.
In the United States Patent and Trademark Office, in U.S. Appl. No. 10/622,535 filed Jul. 21, 2003: Non Final Office Action mailed Aug. 30, 2005.
In the United States Patent and Trademark Office, in U.S. Appl. No. 10/622,535 filed Jul. 21, 2003: Final Office Action mailed Feb. 6, 2009.
In the United States Patent and Trademark Office, in U.S. Appl. No. 10/622,535 filed Jul. 21, 2003: Non Final Office Action mailed Jan. 31, 2008.
In the United States Patent and Trademark Office, in U.S. Appl. No. 10/622,535 filed Jul. 21, 2003: Non Final Office Action mailed Nov. 8, 2006.
In the United States Patent and Trademark Office, in U.S. Appl. No. 10/622,535 filed Jul. 21, 2003: Non Final Office Action mailed Sep. 12, 2007.
In the United States Patent and Trademark Office, in U.S. Appl. No. 10/622,535 filed Jul. 21, 2003: Notice of Allowance mailed Jul. 20, 2009.
In the United States Patent and Trademark Office, in U.S. Appl. No. 10/622,535 filed Jul. 21, 2003: Final Rejection mailed May 23, 2006.
In the United States Patent and Trademark Office, in U.S. Appl. No. 10/622,535 filed Jul. 21,2003: Notice of Allowance mailed Nov. 17,2009.
In the United States Patent and Trademark Office, in U.S. Appl. No. 11/512,327 filed Aug. 30, 2006: Notice of Allowance mailed Oct. 8, 2009.
In the United States Patent and Trademark Office, in U.S. Appl. No. 11/512,327, filed Aug. 30, 2006, Final Rejection mailed Jun. 23, 2009.
In the United States Patent and Trademark Office, in U.S. Appl. No. 11/512,327, filed Aug. 30, 2006, Non Final Rejection mailed Oct. 6, 2008.
Spine Solutions, Inc. v. Medtronic Sofamor Danek, Inc. and Medtronic Sofamor Danek USA, Inc., U.S. District Court, Western District of Tennessee, Civil Action No. 2:07-cv-02175-JPM, Plaintiff Spine Solutions, Inc.'s Response to Defendants' Motion to Amend Their Answer to Allege Inequitable Conduct, Dec. 7, 2007.
Spine Solutions, Inc. v. Medtronic Sofamor Danek, Inc. and Medtronic Sofamor Danek USA, Inc., U.S. District Court, Western District of Tennessee, Civil Action No. 2:07-cv-02175-JPM, Defendants' Opening Markman Brief, Feb. 19, 2008.
“Citation of Supplemental Authority in Support of Medtronic s Renewed Motion for Judgment as a Matter of Law and Alternative Motion for a New Trial,” with accompanying exhibit (Feb. 18, 2009, Docs. 453, 453-2), Spine Solutions, Inc. v. Medtronic Sofamor Danek, Inc. et al., U.S. District Court, Western District of Tennessee, Civil Docket #2:07-cv-02175-JPM-dkv.
“Judgment” (Dec. 8, 2008, Doc. 412), Spine Solutions, Inc. v. Medtronic Sofamor Danek, Inc. et al., U.S. District Court, Western District of Tennessee, Civil Docket #2:07-cv02175-JPM-dkv.
“Jury Verdict Form” (Dec. 5, 2008, Doc. 411), Spine Solutions, Inc. v. Medtronic Sofamor Danek, Inc. et al., U.S. District Court, Western District of Tennessee, Civil Docket #2:07-cv02175-JPM-dkv.
“Memorandum in Support of Medtronic s Renewed Motion for Judgment as a Matter of Law and Alternative Motion for a New Trial,” with accompanying exhibits (Dec. 22, 2008, Docs. 420-2 through 420-22), Spine Solutions, Inc. v. Medtronic Sofamor Danek, Inc. et al., U.S. District Court, Western District of Tennessee, Civil Docket #2:07-cv-02175-JPM-dkv.
“Memorandum in Support of Plaintiffs Motion for Judgment as a Matter of Law that the '071 Patent Is Not Invalid for Obviousness” (Dec. 4, 2008, Doc. 407 2), Spine Solutions, Inc. v. Medtronic Sofamor Danek, Inc. et al., U.S. District Court, Western District of Tennessee, Civil Docket #2:07-cv-02175-JPM-dkv.
“Plaintiffs Memorandum in Opposition to Medtronic s Renewed Motion for Judgment as a Matter of Law and Alternative Motion for a New Trial” (Jan. 23, 2009, Doc. 439), Spine Solutions, Inc. v. Medtronic Sofamor Danek, Inc. et al., U.S. District Court, Western District of Tennessee, Civil Docket #2:07-cv-02175-JPM-dkv.
“Plaintiffs Memorandum in Response to Medtronic s Reply Memorandum and Citation of Supplemental Authority, Regarding Medtronic s Renewed Motion for Judgment as a Matter of Law and Alternative Motion for a New Trial” (Mar. 11, 2009, Doc. 463), Spine Solutions, Inc. v. Medtronic Sofamor Danek, Inc. et al., U.S. District Court, Western District of Tennessee, Civil Docket #2:07-cv-02175-JPM-dkv.
“Reply Memorandum in Support of Medtronic s Renewed Motion for Judgment as a Matter of Law and Alternative Motion for a New Trial,” with accompanying exhibit (Feb. 10, 2009, Docs. 449, 449-2), Spine Solutions, Inc. v. Medtronic Sofamor Danek, Inc. et al., U.S. District Court, Western District of Tennessee, Civil Docket #2:07-cv-02175-JPM-dkv.
Ahrens et al., “Normal Joint Mobility is Maintained With an Artificial Disc Prosthesis,” W LINK, 1999.
Kenna et al., “Preliminary Experience with a Total Knee Prosthesis with Porous Coating Used without Cement,” Clinical Orthopaedics and Related Research, Cementless Total Knee Prosthesis, No. 176, Jun. 1983, 95-107.
Hoogland et al., 24th Annual ORS, Dallas, Texas, Feb. 21-23, 1978.
PACER Docket sheet from Spine Solutions, Inc. v. Medtronic Sofamor Danek, Inc. et al., U.S. District Court, Western District of Tennessee, Civil Docket #2:07-cv-02175-JPM-dkv, as of May 2009, 36 pgs.
Tooms, “Arthroplasty of ankle and knee,” Campbell's Operative Orthopaedics, Seventh Edition, vol. Two, ed. A.H. Crenshaw, (St. Louis, Washington, D.C., Toronto: The C.V. Mosby Company 1987), 1145-1152.
Kenna et al., “Design Rational for the Porous Coated Anatomic Total Knee System,” Total Knee Arthroplasty, A Comprehensive Approach, ed. David S. Hungerford, M.D., Kenneth A. Krackow, M.D., and Robert V. Kenna (Baltimore/London: Williams & Wilkins 1984), 71-88.
Spine Solutions, Inc. v. Medtronic Sofamor Danek, Inc. and Medtronic Sofamor Danek USA, Inc., U.S. District Court, Western District of Tennessee, Civil Action No. 2:07-cv-02175-JPM, Amended Answer and Counterclaims, Nov. 21, 2007.
Spine Solutions, Inc. v. Medtronic Sofamor Danek, Inc. and Medtronic Sofamor Danek USA, Inc., U.S. District Court, Western District of Tennessee, Civil Action No. 2:07-cv-02175-JPM, Answer and Counterclaims, May 4, 2007.
Spine Solutions, Inc. v. Medtronic Sofamor Danek, Inc. and Medtronic Sofamor Danek USA, Inc., U.S. District Court, Western District of Tennessee, Civil Action No. 2:07-cv-02175-JPM, Defendants' Medtronic Sofamor Danek, Inc. and Medtronic Sofamor Danek USA, Inc.'s Sixth Supplemental Answers and Objections to Plaintiffs First Set of Interrogatories, Dec. 14, 2007.
Spine Solutions, Inc. v. Medtronic Sofamor Danek, Inc. and Medtronic Sofamor Danek USA, Inc., U.S. District Court, Western District of Tennessee, Civil Action No. 2:07-cv-02175-JPM, Defendants' Reply Markman Brief, Mar. 31, 2008.
Spine Solutions, Inc. v. Medtronic Sofamor Danek, Inc. and Medtronic Sofamor Danek USA, Inc., U.S. District Court, Western District of Tennessee, Civil Action No. 2:07-cv-02175-JPM, Defendants' Responsive Markman Brief, Mar. 17, 2008.
Spine Solutions, Inc. v. Medtronic Sofamor Danek, Inc. and Medtronic Sofamor Danek USA, Inc., U.S. District Court, Western District of Tennessee, Civil Action No. 2:07-cv-02175-JPM, Defendants' Supplemental Brief in Support of Their Motion for Summary Judgment of Invalidity Under 35 U.S.C. § 103, Jun. 19, 2008.
Spine Solutions, Inc. v. Medtronic Sofamor Danek, Inc. and Medtronic Sofamor Danek USA, Inc., U.S. District Court, Western District of Tennessee, Civil Action No. 2:07-cv-02175-JPM, Defendants' Third Suppl. Answers & Objections to Plaintiffs First Set of Interrogatories Nos. 1-6, Oct. 15, 2007.
Spine Solutions, Inc. v. Medtronic Sofamor Danek, Inc. and Medtronic Sofamor Danek USA, Inc., U.S. District Court, Western District of Tennessee, Civil Action No. 2:07-cv-02175-JPM, Expert Report #2, Rebuttal to other reports in this litigation, Paul Ducheyne, Ph.D. Dec. 21, 2007.
Spine Solutions, Inc. v. Medtronic Sofamor Danek, Inc. and Medtronic Sofamor Danek USA, Inc., U.S. District Court, Western District of Tennessee, Civil Action No. 2:07-cv02175-JPM, Expert Report of Charles A. Laff, Feb. 19, 2008.
Spine Solutions, Inc. v. Medtronic Sofamor Danek, Inc. and Medtronic Sofamor Danek USA, Inc., U.S. District Court, Western District of Tennessee, Civil Action No. 2:07-cv02175-JPM, Expert Report of Dr. Thomas A. Zdeblick, M.D., Nov. 21, 2007.
Spine Solutions, Inc. v. Medtronic Sofamor Danek, Inc. and Medtronic Sofamor Danek USA, Inc., U.S. District Court, Western District of Tennessee, Civil Action No. 2:07-cv02175-JPM, Expert Report of Mark E. Nusbaum, Nov. 21, 2007.
Spine Solutions, Inc. v. Medtronic Sofamor Danek, Inc. and Medtronic Sofamor Danek USA, Inc., U.S. District Court, Western District of Tennessee, Civil Action No. 2:07-cv02175-JPM, Expert Report of Stephen D. Cook, Ph.D., Nov. 21, 2007.
Spine Solutions, Inc. v. Medtronic Sofamor Danek, Inc. and Medtronic Sofamor Danek USA, Inc., U.S. District Court, Western District of Tennessee, Civil Action No. 2:07-cv02175-JPM, Order Following Markman Hearing, Jul. 2, 2008.
Spine Solutions, Inc. v. Medtronic Sofamor Danek, Inc. and Medtronic Sofamor Danek USA, Inc., U.S. District Court, Western District of Tennessee, Civil Action No. 2:07-cv02175-JPM, Plaintiff Spine Solutions' Responsive Markman Brief, Mar. 17, 2008.
Spine Solutions, Inc. v. Medtronic Sofamor Danek, Inc. and Medtronic Sofamor Danek USA, Inc., U.S. District Court, Western District of Tennessee, Civil Action No. 2:07-cv02175-JPM, Plaintiff Spine Solutions, Inc.'s Motion for Leave to File a Response to Defendants' Surreply Memorandum Regarding Plaintiffs Motion for Partial Summary Judgment of Failure of Defendants to State a Legal Defense or Claim for Relief based on Inequitable Conduct and a Declaration of Marvin Petry in Support Thereto, Jun. 25, 2008.
Spine Solutions, Inc. v. Medtronic Sofamor Danek, Inc. and Medtronic Sofamor Danek USA, Inc., U.S. District Court, Western District of Tennessee, Civil Action No. 2:07-cv02175-JPM, Plaintiff Spine Solutions, Inc.'s Motion for Leave to File a Surreply to Defendants' Reply Markman Brief, Apr. 7, 2008.
Spine Solutions, Inc. v. Medtronic Sofamor Danek, Inc. and Medtronic Sofamor Danek USA, Inc., U.S. District Court, Western District of Tennessee, Civil Action No. 2:07-cv02175-JPM, Plaintiff Spine Solutions, Inc.'s Reply Markman Brief, Mar. 31, 2008.
Spine Solutions, Inc. v. Medtronic Sofamor Danek, Inc. and Medtronic Sofamor Danek USA, Inc., U.S. District Court, Western District of Tennessee, Civil Action No. 2:07-cv02175-JPM, Plaintiff Spine Solutions, Inc.'s Reply Memorandum in Support of Motion for Partial Summary Judgment of Failure of Defendants to State a Legal Defense or Claim for Relief Based on Inequitable Conduct, Mar. 31, 2008.
Spine Solutions, Inc. v. Medtronic Sofamor Danek, Inc. and Medtronic Sofamor Danek USA, Inc., U.S. District Court, Western District of Tennessee, Civil Action No. 2:07-cv02175-JPM, Plaintiff Spine Solutions, Inc.'s Response to Defendants' Motion to Amend Their Answer to Allege Inequitable Conduct, Dec. 7, 2007.
Spine Solutions, Inc. v. Medtronic Sofamor Danek, Inc. and Medtronic Sofamor Danek USA, Inc., U.S. District Court, Western District of Tennessee, Civil Action No. 2:07-cv02175-JPM, Plaintiff's Supplemental Response to Defendants' Interrogatory No. 2 (Relating to Conception, Reduction to Practice, First Sale), Oct. 29, 2007.
Spine Solutions, Inc. v. Medtronic Sofamor Danek, Inc. and Medtronic Sofamor Danek USA, Inc., U.S. District Court, Western District of Tennessee, Civil Action No. 2:07-cv02175-JPM, Plantiff Spine Solutions, Inc.'s Opening Markman Brief, Feb. 19, 2008.
Spine Solutions, Inc. v. Medtronic Sofamor Danek, Inc. and Medtronic Sofamor Danek USA, Inc., U.S. District Court, Western District of Tennessee, Civil Action No. 2:07-cv02175-JPM, Rebuttal Expert Report of Mark E. Nusbaum, Dec. 21, 2007.
Spine Solutions, Inc. v. Medtronic Sofamor Danek, Inc. and Medtronic Sofamor Danek USA, Inc., U.S. District Court, Western District of Tennessee, Civil Action No. 2:07-cv02175-JPM, Reply Brief in Support of Plaintiff Spine Solutions, Inc.'s Motion for Patial Summary Judgment Dismissing Medtronic's 35 U.S.C. § 112 Defenses, Mar. 31, 2008.
Szpalski et al., “Spine arthroplasty: a historical review,” Eur Spine J., 2002, 11(Suppl. 2), S65-S84 DOI 10.1007/s00586-002-0474-y.
The Journal of Bone and Joint Surgery, “A New Tibia Plateau”, Jul. 1970, vol. 52-A, No. 5.
The Journal of Bone and Joint Surgery, “Here's a Good Skate”, Sep. 1971, vol. 53-A, No. 6.
Transcript Pages: pp. 1441-1639, 1644-1682 (Dec. 3-4, 2008), Spine Solutions, Inc. v. Medtronic Sofamor Danek, Inc. et al., U.S. District Court, Western District of Tennessee, Civil Docket #2:07-cv-02175-JPM-dkv.
Transcript Pages: pp. 1842-1892, 1899-1944 (Dec. 4-5, 2008), Spine Solutions, Inc. v. Medtronic Sofamor Danek, Inc. et al., U.S. District Court, Western District of Tennessee, Civil Docket #2:07-cv-02175-JPM-dkv.
Transcript Pages: pp. 345-535, 544-644, 669-700 (Nov. 25-26, 2008), Spine Solutions, Inc. v. Medtronic Sofamor Danek, Inc. et al., U.S. District Court, Western District of Tennessee, Civil Docket #2:07-cv-02175-JPM-dkv.
Transcript Page: pp. 908-1071, 1085-1102 (Dec. 1-2, 2008), Spine Solutions, Inc. v. Medtronic Sofamor Danek, Inc. et al., U.S. District Court, Western District of Tennessee, Civil Docket #2:07-cv-02175-JPM-dkv.
Viscogliosi Brothers, LLC, “Spine Arthroplasty”, Nov. 2001.
Marnay, “L'Arthroplastie Intervertebrale Lombaire,” La Revue de Medicine Orthopedique, Jun.-Sep., 1991, No. 25; pp. 48-55 (with English translation, 24 pgs).
European Patent Application No. EP 05795413: European Search Report dated Aug. 10, 2011, 7 pages.
International Patent Application No. PCT/US2005/033007: International Search Report dated Oct. 20, 2006, 1 page.
International Patent Application No. PCT/US2008/056960: International Search Report dated Jul. 28, 2008, 6 pages.
Related Publications (1)
Number Date Country
20150142113 A1 May 2015 US
Continuations (2)
Number Date Country
Parent 11185781 Jul 2005 US
Child 14605055 US
Parent 10018402 US
Child 11185781 US