kurt shame the court started out from the merriam webster dictionary straight out to find her the dictionary meaning was to have her take a turn change or deviation from a straight line or playing surface without shark breaks or anywhere that was a dictionary we all know the dictionary doesn't really dictionary meaning from one that would be with id theory without any risk to one that would follow certain angles as long as they're not struck a shark is a word that was never used it is never been used for eighteen and twenty and a and r to a portion sixteen so the shank twelve which consists of the arc your portion sixteen and two straight portions eighteen in twenty is not angular though in fact you know that's i think it's simple geometry when a straight line meets a curve there's an angle there right you have to go from a straight line to occur as judge lynn pointed out the shank include sixteen eighteen and twenty doesn't i mean how can you say that continuous between the button shank the butt is straight the shank begins to curve at the first tapered portion at the beginning of sixteen clearly there's an angle there in fact that you can show how the line would continue want to get where to go straight and they don't think so the tropes the word bend are bent does not include angles doesn't strike refer to its own products proper its own product is containing a bend ok of prior art i realize the structure product is of course not prior art in the stryker patent was ten years after the patent issue so it too is not really prior art but isn't there are whole slew of prior art that was cited in this prosecution history the they just call them bend the have through their own emblem for insertion because i mean certainly you would have to concede if the angle bend was a one degree angle and was a very short object it could pass through its own them full well that any one of ordinary when you bring in is it useful with the rules or is this not what was apparent trying to accomplish with the kirk and that's where this case got off its track right there  up if you look at the last two bullet points the first one reads the curvature of the nail allows insertion of the standard entry point i e the lateral entry point just inside the greater tube rasik now what's key about that is they're describing their nails having cur strucker tries to argue that the nail of the four four patent is not limited to a shape as able to pass through its own envelope or how do you know that why do i say that i said because they say this thing has to exclude any and i'm not sure i'm following what the person you're trying to suggest that stryker says they want this claim limited to something that passes through its own envelope but i haven't seen them argue that i don't think that when they argue the claim construction means a long narrow part of the male means except with the specifications of those which it tells us if you have small radius her or if you have been it does not pass through its own envelope so you can't separate the two and there's never been  construction of what angled bent wrist war is for means what are the boundaries of what it is you're going to exclude other than the specification stating that if you have it you don't pass through your labels then are you suggesting the claim is limited to so it seems to me that claim one is not limited to something that passes through its own number or even can be actually not just because a claim differentiation but because of the definition in the specification but again i just don't see them making the argument that it is and if i'm wrong explain to me how they are well that i don't know how what they mean able to enter small radius curtis what does that mean is it i mean their argument is that their definition exclude history it's clear that the use of approach is a distinctly separate invention than the l itself the nail is designed to secure fragments of the proximal humerus the use of the brooch was a method that is described in the specification but the examiner said you have to make a collection use of approaches and stick to separate invention and that is that fight if you look at picnics seven ninety seven and seven eighty six and seven common three lines thirty three when they talk about a rotating draw better reamer but they go on to say why those are no good because they cause tissue damage in another problem so we're in the spec do we find support for the n that this should be read more broadly like you're suggesting now well first i would disagree that it's using range and drills are no good it ever expects it does say that the gross hole has its benefits and that is so cases a drill or a will not be ideal but you didn't answer your question the entire spectrum talks about the nail in the context of using a protocol i think i think the broader meaning of it comes from the fact that claim thirteen makes it clear that the current claim one does not have to pass through its own envelope moreover i think the fact that that what this course a lot of cases and a past and go light as well as the most recent ventana vs medical systems this court made it clear that a specification closely knit multiple attacks and a claim doesn't have to encompass every feature of every benefit that's described and i think this is he only does the probe once and that was the very first time to create a video showing the use of approach every other hundred or so times he never used actually approach so approaches are critical to inserting the snail in four to perform its stated function which is to secure the fragments of the proximal humerus to the foundation with the nail itself i'd also like to address the issue of transverse holes in particular the suggestion that transverse hole is necessarily defined as a perpendicular there are several arguments against this and i think probably the most convincing one is the fact that transit of the p either one you do see that the holes are actually different angles the different places in the butt but with regard to the axis they're all perpendicular well so i don't i don't necessarily see a column one line forty five suggesting that transverse hold means broader than perpendicular with regard to the nail axis it all depends on where you're going to measure the angle from right i mean so certainly they're going in a different angle if you've got a cylinder and they're going in at all different construction on a firm on the merits of the district judge here granted the permanent injunction with this with the following statement the general rule is kind of the injunction will issue once infringement invalidity have been a that would let this court a fold the judge made a meticulous she found that this was the world's largest orthopedic company that set out to deliberately poppy and drive our our competitor company out of the market and by taking only seventy  seventy five percent of the market share i think patent off it does anything at least if you're right to control who you're going to compete against and why they license and other people surely they have the right to tell one from any that they know their intent is to drive them out of the market to say you're happy i'm not going to compete against you you're not allowed to practice my device with the courts consideration of those factors which in the context of the request for a stay and not necessarily