Contract analysis

I. Executive Summary This memorandum analyzes whether Solstice Biomedical, Inc. ("Solstice") should file a motion for summary judgment of non-infringement limited to the PrecisionEdge™ PE-5000 Series, the 5 mm trocar assembly that is one of the three product lines accused in this litigation. For the reasons set forth in detail below, I recommend that we proceed with filing the motion for summary judgment targeting th

II. Background A. The Parties Solstice Biomedical Devices Ltd. is an Irish-domiciled private company (Companies Registration Office No. 648217), founded in 2011, that designs and manufactures minimally invasive surgical instruments for the global market. The company reported fiscal year 2023 revenue of €187.4 million and employs approximately 620 people worldwide, with manufacturing facilities in Galway, Ireland, and

III. The Claim Construction Order — Key Constructions Favorable to Solstice A. Overview The Claim Construction Order issued by Judge Andrews on December 6, 2024 construed nine disputed claim terms across the three asserted patents. Of the nine terms, five were construed in a manner favorable to Solstice's non-infringement and invalidity positions, and four were construed in a manner favorable to Apex. While the full

IV. Non-Infringement Analysis — '237 Patent (Claims 1, 3, 7, 12) A. Independent Claim 1 Claim 1 of the '237 Patent is an independent claim that recites a trocar assembly comprising multiple elements, including the critical "locking seal assembly" limitation. A complete element-by-element walkthrough of Claim 1 against the PE-5000 technical design is set forth below. Claim 1 of the '237 Patent reads as follows:

1. A surgical access device comprising: a trocar housing having a proximal end and a distal end and defining a central lumen extending therethrough; an obturator slidably received within the central lumen; a locking seal assembly disposed within the trocar housing at the proximal end, the locking seal assembly comprising a seal body and a distinct locking element that mechanically engages the seal body to fix the sea

V. Non-Infringement Analysis — '884 Patent (Claims 1, 2, 5, 9, 14) A. Independent Claim 1 Claim 1 of the '884 Patent is an independent claim directed to a trocar system with a retractable blade deployment mechanism. A complete element-by-element walkthrough of Claim 1 against the PE-5000 technical design is set forth below. Claim 1 of the '884 Patent reads as follows:

1. A trocar system comprising: a cannula having a proximal end and a distal end; an obturator assembly received within the cannula, the obturator assembly comprising: a retractable blade deployment mechanism configured to deploy a blade to a cutting position for penetration of a body wall and to automatically retract the blade to a shielded position after penetration; a blade housing surrounding the blade in the shie

VI. Strategic Considerations A. Why Limit the Motion to PE-5000 Only The decision to limit the motion for summary judgment to the PE-5000 Series, rather than filing a broader motion encompassing all accused products, is a deliberate strategic choice driven by several considerations. Strongest non-infringement case. The PE-5000 presents the strongest non-infringement case of the three accused product lines because it