Mitek Screw

[Melchior Dow]

TrussLokis a steel screw which is used to secure truss to top plate connection to resist wind uplift.

The screw is driven vertically through the wall plate into the truss when fixing between studs.

It is skewed driven at a specified angle when fixing to truss above stud. It is used for single or double wall plates.

Hardy Portal Frame and Picture Frame Templates are fabricated from 14 gage steel to assure accurate centerlines between anchors within the column and enable measurement for column centerlines. Place the Templates on form boards with duplex nails to secure in place. At interior conditions or when using the Picture Frame Template, attach to wood members that stakes can be used for placement. Half-circle cutouts are provided for measuring centerlines between columns.

Portal Frame Angles provide a structural connection of the MiTek SMF beam to the face of existing framing. The HFMFA is 1/4 inch, ASTM A36 steel, fabricated with pre-punched screw holes on one leg and slotted bolt holes on the other. Slotted holes enable the Angle to be moved in and out of the wall line for adjustment

Hardy Portal Frame Plates are typically used to transfer shear horizontally from an existing structure to the beam of a MiTek SMF. The HFMFP is 1/4 inch, ASTM A36 steel fabricated with pre-punched screw holes for connection to the structure and slotted bolt holes for connection to the SMF beam. Slotted holes enable the Plate to be moved in and out of the wall line for adjustment

MiTek's PHD holdowns feature a pre-deflected base, minimizing deflection while providing uplift resistance. The connector installs with screws, eliminating the need for predrilling and preventing potential fastener slip. Furthermore, there are no thru bolts to countersink, simplifying the installation. MiTek connectors are designed for code compliance, easy installation with commonly-available fasteners and high performance.

This matter is before the court on a number of motions filed by each party. These motions include: Mitek's Motion for Reconsideration of Claim Construction; Arthrex's Motion for Summary Judgement of Non-Infringement; Mitek's Cross-Motion for Summary Judgment of Infringement; Arthrex's Motion for Summary Judgment that Claim 1 of the U.S. Patent No. 4,632,100 (the "100 Patent") is Invalid; Mitek's Cross-Motion for Summary Judgment of Validity; Arthrex's Motion for Summary Judgment that the "100 Patent" is Unenforceable Due to Inequitable Conduct; Mitek's Motion for Partial Summary Judgment on Arthrex's Affirmative Defenses and Counterclaims of Inequitable Conduct; Mitek's Motion for Partial Summary Judgment of Patent Validity; Mitek's Motion for Partial Summary Judgment on Arthrex's Antitrust Counterclaims and Mitek's Motion for Partial Summary Judgment on Arthrex's Affirmative Defenses of Equitable Estoppel and Laches, and Affirmative Defenses and Counterclaims of Inequitable Conduct and Patent Misuse. Oral argument was heard on all motions on June 4, 1998 and the motions were taken under advisement. The Plaintiff was represented by George F. Pappas and Vicki Margolis. The defendant was represented by James E. Hartley and Charles Roberts. Subsequent to oral argument Mitek filed a Motion for Leave to File Supplemental Brief. Mitek also filed its supplemental brief and Arthrex filed its response. Mitek's Motion for Leave to File Supplemental Brief is hereby GRANTED. The court has carefully considered all pleadings, memoranda, and other materials submitted by the parties including the supplemental briefs. The court has further considered the law and facts relevant to the parties' motions. Now being fully advised, the court enters the following memorandum and order.

This matter arises out of a patent infringement dispute concerning suture anchors. Suture anchors are medical devices used in orthopedic surgery to reattach torn or damaged ligaments, tendons, muscles and other soft tissues to bone. These anchors are screw-like devices that have a means of attaching sutures to them. Surgeons implant these anchors by drilling or manually turning them into the bone and then attaching the torn or damaged soft tissues to the anchors with sutures. The anchors then hold the soft tissues against the bone, allowing the tissue to reattach to the bone as it heals.

Plaintiff, Mitek Surgical Products, Inc., ("Mitek") is a Delaware corporation which is *1312 registered to conduct business in Utah and has a manufacturing facility in Logan, Utah. Mitek owns the rights to U.S. Patent 4,632,100 ("'100 Patent"), a suture anchor invented by Karl Sommers and E. Marlow Goble. Defendant, Arthrex, Inc., ("Arthrex") is also a Delaware corporation, with its principal place of business in Naples, Florida, and Arthrex distributes and sells surgical products in Utah. Arthrex invented two suture anchors that are at issue in this matter, the Fastak and Corkscrew.

On September 13, 1996, Mitek brought an action against Arthrex alleging that Arthrex's Fastak and Corkscrew anchors infringed the '100 Patent. Arthrex discontinued sales of its Fastak and Corkscrew suture anchors, modified their designs, and entered the redesigned suture anchors into the market. Arthrex made no admissions that its suture anchors infringed the '100 Patent.

Prior to the innovations by both parties, the installation of suture anchors required the surgeon to drill a hole into the bone, place the anchor into the hole and then turn it into the bone. This procedure took twenty minutes to pass the suture through the holes drilled into the bone, or used destructive metal staples and screws with pronged washers to attach soft tissue to bone. These methods were time consuming, could damage soft tissue, and often required surgeons to reattach tissue in an accessible, but not the most desirable, location. The suture anchors invented by Mitek are preferred to the previous suture anchors because they do not require pre-drilling, are quicker to install, permit a more accurate placement of the soft tissue to bone, do not damage soft tissues, and are designed so that they do not have to be removed after the tissues have healed.

The '100 Patent suture anchor has a drill means on one end for boring into the bone, and a thread means distal from the drill means that can be inserted into bone so that the anchored suture can be used to reattach soft tissue to bone all in one step. The suture anchor is hollow and sutures are secured inside the body of the anchor with a retention disc. In contrast, Arthrex's Fastak and Corkscrew anchors are solid, one-piece devices that have an eyelet at the trailing end for attaching sutures, and do not have a separate drill means to hold the devices in the bone.

'100 Patent, col. 10, lines 12-22. Mitek argues that Arthrex's Fastak and Corkscrew suture anchors infringe on this claim because they are used for the same purpose as the '100 Patent and contain the same or equivalent features as the '100 Patent. Arthrex argues that its Fastak and Corkscrew suture anchors do not infringe on the '100 Patent because, even though they are used for similar purposes, they do not have the same or equivalent features, i.e., Arthrex's anchors do not have a drill tip and they use eyelets to secure the sutures instead of a disk.

In an Order dated May 14, 1998, this court construed the claims of the '100 Patent as follows: 1). "Boring, when turned, a hole in bone mass" was defined as "making a cylindrical hole by the removal of material with a rotary tool." The court further held that "[a] drill means does not include a screw or a pin or a nail or a trocar tip or any other object that does not have cutting edges and flutes." (Slip Op. at 5-6). "Thread means that includes a plurality of thread flights formed in the anchor distal from said drill means end to turn into the bone mass following the drill means" was defined to include "thread means that overlap the drill means so long as a greater number of thread means are distal from the drill means." 3). "Means for securing a suture to said anchor to extend therefrom after said anchor is seated in the bone mass" was defined as "a structure having a suture permanently attached to a retention disk positioned internally within the anchor." In construing the claim this court relied on the claim itself, the specification and the prior art as revealed in the prosecution history. The court did not rely on extrinsic evidence except for a general understanding of the patent.

Mitek's Motion for Reconsideration of Claim Construction argues that the court committed errors in its construction of the terms "drill means" and "means for securing." Mitek does not request modifications of the court's definition of "thread means." Mitek argues that the question of whether or not a drill means includes a screw, a pin, a nail or a trocar tip is a question for the jury and not a question of law for the court. This court disagrees. Mitek argued and presented evidence at length to support its contention that a drill means includes a trocar tip, a pin, a nail or a screw and requested that this court construe the term "drill means" to include these devices. Only when this court disagreed with Mitek's definition did it argue that this was an issue for the jury. The conclusion that a drill means does not include objects that do not have cutting edges and flutes is fully supported by the intrinsic evidence. Further, the Federal Circuit has affirmed claim construction rulings that define functions or structures that are excluded from the coverage of a claim. See, e.g. The Gentry Gallery, Inc. v. The Berkline Corp., 134 F.3d 1473, 1477 (Fed.Cir.1998) (term "console" construed to exclude tray unit) and General American Transp. Corp. v. Cryo-Trans, Inc., 93 F.3d 766, 770 (Fed.Cir.1996) (opening "adjacent" to a side was construed to exclude opening adjacent to an "end wall").

Mitek further argues that the court committed error in defining "means for securing" to exclude a freely sliding suture. As stated above, this court may properly define functions or structures that are excluded from the coverage of a claim. Mitek also argues that the court may not use the prior art to limit the range of structures that may be equivalent to the structure disclosed in a specification for performing an identified function. Once again, this court disagrees. It is well established that the prior art as cited by the applicant is part of the intrinsic evidence upon which the court must rely to *1314 construe the claims. See Vitronics Corp. v. Conceptronic, Inc., 90 F.3d 1576, 1583 (Fed. Cir.1996). The prior art relied upon by the applicant "gives clues as to what the claims do not cover." Autogiro Co. of America v. United States, 181 Ct.Cl. 55, 384 F.2d 391, 399 (1967). The holding that the structure of the means for securing cannot include an eyelet is full supported by the intrinsic evidence. Therefore, Mitek's Motion to Reconsider Claim Construction is denied.

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