`+1 213.243.4104 Direct
`Wallace.Wu@APKS.COM
`
`April 7, 2017
`
`VIA E-MAIL
`
`Brian Horne
`Knobbe, Martens, Olson & Bear, LLP
`1925 Century Park East, Suite 600
`Los Angeles, CA 90067
`
`Re:
`
`Boston Scientific Corp. et. al. v. Edwards Lifesciences Corporation, Case
`No. 8:16-CV-0073-CJC-GJS (C.D. Cal.)
`
`Dear Brian:
`
`Pursuant to the Court’s Order Granting Joint Stipulation On Scheduling
`Deadlines, BSC provides herein proposed constructions for terms identified in my letter
`on March 10, 2017. BSC reserves the right to rely on additional evidence not specifically
`cited herein and further intends to rely on expert testimony to the extent necessary.
`
`BSC believes that the terms identified in Defendant Edwards Lifesciences Corp.’s
`Proposed Claim Terms For Construction (served on March 10, 2017) do not require
`construction and should be afforded their plain and ordinary meanings. Indeed, earlier
`this morning, Edwards modified four terms and eliminated 21 terms for construction
`from the list of the terms it proposed for construction on March 10, 2017, which confirms
`that at least these Edwards proposed terms carry plain and ordinary meanings and do not
`require construction. For the remaining claim terms, to the extent that Edwards proposes
`constructions that are inconsistent with their plain and ordinary meanings, BSC intends to
`meet and confer after a review of Edwards’s proposed constructions and reserves the
`right to propose alternative constructions, to the extent an agreement cannot be reached.
`
`U.S. Patent No. 6,915,560
`Claim Term
`“A stent crimper comprising”
`(claim preamble)
`
`Proposed Construction
`The claim preamble is limiting.
`
`Intrinsic Evidence:
`E.g., ’560 Patent at Claims (e.g., Claim
`36); Title; Abstract; 1:38-2:21; 2:26-46;
`3:58-4:35; 5:63-65; 7:32-33; 8:40-
`46;12:22-23.
`
`Arnold & Porter Kaye Scholer LLP
`777 South Figueroa Street, 44th Floor | Los Angeles, CA 90017-5844 | www.apks.com
`
`Petitioner Edwards Lifesciences Corporation - Exhibit 1007 - Page 1
`
`
`
`Brian Horne
`April 7, 2017
`Page 2
`
`U.S. Patent No. 6,007,543
`Claim Term
`“expandable inflatable means”
`
`“mounting and retaining means”
`
`“means for inflating the balloon”
`
`Proposed Construction
`This claim limitation is not subject to 35
`U.S.C. § 112, ¶ 6.
`
`Proposed construction: a structure capable
`of being expanded and inflated.
`
`Intrinsic Evidence:
`E.g., ’543 Patent at Claims; Abstract; Figs.
`1-7; 1:6-51; 1:57-2:9; 2:40- 3:16; 3:59-65.
`
`This claim limitation is not subject to 35
`U.S.C. § 112, ¶ 6.
`
`Proposed construction: a structure on
`which another structure can be mounted
`and retained.
`
`Intrinsic Evidence:
`E.g., ’543 Patent at Claims; Abstract; Figs.
`2-8; 1:57-2:9; 3:26-58; 3:66-4:37.
`
`This limitation is subject to 35 U.S.C.
`§ 112, ¶ 6.
`
`The corresponding structure: fluid (gas or
`liquid) from an inflation port and
`equivalents thereof.
`
`Intrinsic Evidence:
`E.g., ’543 Patent at Claims; 2:59-3:5.
`
`Petitioner Edwards Lifesciences Corporation - Exhibit 1007 - Page 2
`
`
`
`Brian Horne
`April 7, 2017
`Page 3
`
`U.S. Patent No. 6,203,558
`Claim Term
`“expandable inflation means”
`
`Proposed Construction
`Same as in the ’543 Patent above.
`
`Intrinsic Evidence:
`E.g., ’558 Patent at claims; Abstract; Figs.
`1-8, 11-14, 17-24, 28, 29, 31-56; 1:15-20;
`1:24-3:3; 3:28-49; 4:11-5:48; 8:17-38;
`8:55-67; 9:16-25; 10:1-7; 11:51-12:3;
`11:36-63; 13:61-17:4; 18:31-19:9; 20:4-
`22:45; 22:66-24:30; 25:9-32; 25:37:49.
`
`“mounting and retaining means”
`
`Same as in the ’543 Patent above.
`
`U.S. Patent No. 6,371,962
`Claim Term
`“expandable inflatable means”
`
`Intrinsic Evidence:
`E.g., ’558 Patent at Claims; Figs. 1-56;
`3:50-5:48; 8:38-67; 9:26-12:35; 21:14-39;
`22:38-44; 22:66-23:52; 24:40-25:5; 25:37-
`48.
`
`Proposed Construction
`Same as in the ’543 Patent above.
`
`Intrinsic Evidence:
`E.g., ’962 Patent at Claims; Abstract; Figs.
`1-7; 1:12-58; 1:66-2:16; 2:47-3:23; 3:66-
`4:5.
`
`Petitioner Edwards Lifesciences Corporation - Exhibit 1007 - Page 3
`
`
`
`Brian Horne
`April 7, 2017
`Page 4
`
`Claim Term
`“mounting and retaining means”
`
`Proposed Construction
`Same as in the ’543 Patent above.
`
`Intrinsic Evidence:
`E.g., ’962 Patent at Claims; Abstract; Figs.
`2-8; 1:64-2:16; 3:33-65; 4:6-44.
`
`“means for inflating the balloon”
`
`Same as in the ’543 Patent above.
`
`Intrinsic Evidence:
`E.g., ’962 Patent at Claims; 2:66-3:12.
`
`Sincerely,
`
`/s/ Wallace Wu
`Wallace Wu
`
`Petitioner Edwards Lifesciences Corporation - Exhibit 1007 - Page 4
`
`
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