Kinetic Concepts Patent Wins Reexamination Victory

Scott Daniels | July 22, 2009

Kinetic Concepts, Inc. (KCI) won an important battle today at the Patent Office in its ongoing patent war with competitor BlueSky Medical today.

KCI sued BlueSky on May 14, 2007, in the Eastern District of Texas for infringing U.S. Patent No. 7,216,651 regarding a system for healing wounds. The case was later transferred to the Western District of Texas which had handled an earlier dispute involving related patents. More significantly, though, an ex parte reexamination request (90/008,693) and an inter partes reexamination request (95/001,048) were subsequently filed with the Patent Office, attacking the ‘651 patent on the basis of a long series of prior art references.

The Patent Office has now closed both reexaminations, concluding that none of the cited references renders invalid any of the 125 claims of the ‘651 patent. The Patent Office decision repeatedly sided with the ‘651 patentee’s construction of the claims and analysis of the prior art.

Assuming that the inter partes requester does not succeed in an appeal, the ‘651 patentee will return to the litigation in the Western District of Texas with greatly strengthened claims.

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