Contract analysis

1. Introduction and Purpose This memorandum presents a preliminary element-by-element claim chart mapping the asserted claims of U.S. Patent No. 9,814,237 (hereinafter, "the '237 Patent") against Solstice Biomedical's PrecisionEdge™ PE-5000 Series (5 mm trocar assembly) and PrecisionEdge™ PE-12000 Series (12 mm trocar assembly). The purpose of this analysis is threefold: (1) to identify and document non-infringement

2. Background on the '237 Patent 2.1 Patent Identification The following table summarizes the key identifying information for the '237 Patent: Dr. Raymond Szabo, the named inventor, is identified in publicly available corporate filings and industry publications as the Vice President of Engineering at Apex Surgical Innovations, Inc. Dr. Szabo holds a Ph.D. in Mechanical Engineering from MIT and has been named as an in

3. Methodology The methodology employed in preparing this preliminary claim chart is as follows: Element-by-Element Decomposition. Each asserted claim has been broken into its constituent elements and limitations. For the independent Claim 1, this decomposition identifies the preamble and four substantive structural limitations. For each dependent claim, the additional limitation added by the dependent claim is analy

4. Claim Chart — Claim 1 (Independent Claim) Claim 1 is the sole independent claim among the four asserted claims. Because Claims 3, 7, and 12 all depend directly or indirectly from Claim 1, a finding of non-infringement on any element of Claim 1 is dispositive of all four asserted claims. The analysis below addresses each element of Claim 1 in sequence. 4.1 Preamble: "A locking seal assembly for a minimally invasive

5. Claim Chart — Claim 3 (Dependent on Claim 1) 5.1 Claim Language "The locking seal assembly of claim 1, wherein the seal member comprises an elastomeric valve having a self-sealing slit extending across the interior passage." Claim 3 depends from Claim 1 and adds a single additional limitation specifying the nature of the seal member: it must be an "elastomeric valve having a self-sealing slit extending across the

6. Claim Chart — Claim 7 (Dependent on Claim 1) 6.1 Claim Language "The locking seal assembly of claim 1, wherein the locking mechanism comprises a plurality of radially-arranged pawls configured to engage corresponding detents formed on the seal member." Claim 7 depends from Claim 1 and narrows the "locking mechanism" limitation by specifying that the mechanism comprises "a plurality of radially-arranged pawls confi

7. Claim Chart — Claim 12 (Dependent on Claim 7, Which Depends on Claim 1) 7.1 Claim Language "The locking seal assembly of claim 7, wherein the release actuator comprises a rotatable collar operatively connected to the plurality of pawls, rotation of the collar causing the pawls to disengage from the detents." Claim 12 depends from Claim 7 (which itself depends from Claim 1) and is the narrowest of the four asserted

8. Summary of Non-Infringement Positions by Product The following sections provide a consolidated summary of the non-infringement positions for each accused product across all four asserted claims. 8.1 PrecisionEdge™ PE-5000 Series Overall Assessment: Strong non-infringement position across all four asserted claims. The PE-5000 presents multiple independent bases for non-infringement on each asserted claim. The produ

9. Claim Construction Considerations and Key Disputed Terms The following claim terms have been identified as requiring construction and are expected to be among the disputed terms briefed in the Joint Claim Construction Brief. For each term, we set forth Solstice's preliminary proposed construction and the construction that Apex is likely to advance. These preliminary positions are informed by the intrinsic record (