Court Issues Claim Construction Order in Orthophoenix v. Dfine Patent Suit

February 4, 2016 – The Court issued a Memorandum Order construing 19 disputed claim terms. The Court noted that the terms “shall be construed, consistent with Phillips v. AWH Corp., 415 F.3d 1303 (Fed. Cir. 2005).” The patents at issue are U.S. Patent No. 6,440,138, entitled “Structures and methods for creating cavities in interior body regions,” U.S. Patent No. 6,863,672, entitled “Structures and methods for creating cavities in interior body regions,” U.S. Patent No. 6,663,647, entitled “Inflatable device for use in surgical protocol relating to fixation of bone,” U.S. Patent No. 6,248,110, entitled “Systems and methods for treating fractured or diseased bone using expandable bodies,” U.S. Patent No. 6,981,981, entitled “Inflatable device for use in surgical protocol relating to fixation of bone,” and U.S. Patent No. 7,044,954, entitled “Method for treating a vertebral body.”

The case is pending in the District of Delaware and is captioned: Orthophoenix LLC v. Dfine Inc. et al, DED-1-13-cv-01003.

By: David G. Varghese