Reexamination Requests Filed the Week of June 21st

Scott Daniels | June 30, 2010

Notable among the reexamination requests from last week was one filed by Whirlpool attacking an LG refrigerator patent that is also the subject of a law suit between the two companies.

Reexamination requests are typically reported in the Official Gazette approximately three months after filing. Such a delay in reporting requests, particularly for requests that involve copending District Court litigation, is too long. We therefore report new ex parte and inter partes reexamination requests filed electronically the previous week as they appear on the Patent Office PAIR system.  Information on concurrent litigation is also provided, where available.

Some reexamination requests are still filed by paper.  Because of the time required for the Patent Office to review such paper requests before posting on PAIR, our report may come three weeks after filing.  The information available from the Patent Office may be incomplete in a few cases because not all the reexamination request papers have yet been posted on PAIR.  There may also be gaps in the Patent Office docket numbers listed because, for any of various reasons, a reexamination request has been assigned a docket number but is not ready for posting.

The following inter partes requests were made:

(1)   95/001,374 (electronically filed) – Information not currently available.

(2)   95/001,383 (electronically filed) – U.S. Patent No. 6,985,221 owned by Petwall, LLC and entitled METHOD AND APPARATUS FOR MEASURING WALL THICKNESS OF PLASTIC CONTAINER.  Filed June 23, 2010 by Krones AG.

(3)   95/001,384 (electronically filed) – U.S. Patent No. 7,667,056 owned by Poli Industria Chemica S.p.A. and entitled PROCESS AND NEW INTERMEDIATES FOR THE PREPARATION OF STEROIDS WITH A PROGESTOGEN ACTIVITY.  Filed June 24, 2010.

(4)   95/001,385 (electronically filed) – U.S. Patent No. 7,392,665 owned by LG Electronics, Inc. and entitled REFRIGERATOR WITH ICEMAKER.  Filed June 25, 2010 by Whirlpool Corporation.  The ‘665 patent is currently the subject of a litigation styled LG Electronics U.S.A., Inc. v. Whirlpool Corporation (D.N.J., Case No. 2:09-cv-05142-GEB-ES, filed Oct. 7, 2009).

(5)   95/001,386 (electronically filed) – U.S. Patent No. 7,253,892 owned by Petwall, LLC and entitled METHOD AND APPARATUS FOR MEASURING A CHARACTERISTIC OF A PLASTIC CONTAINER.  Filed June 26, 2010.

(6)   95/000,548 (paper filed) – U.S. Patent No. 7,563,614 owned by Cellectricon AB and entitled SYSTEMS AND METHODS FOR RAPIDLY CHANGING THE SOLUTION ENVIRONMENT AROUND SENSORS.  Filed June 9, 2010 by Fluxion Biosciences, Inc.  The ‘614 patent (along with the ‘650, ‘518 and ‘252 patents – see below) is currently the subject of a litigation styled Cellectricon AB v. Fluxion Biosciences, Inc. (N.D. Cal., Case No. 5:09-cv-03150-RMW, filed July 10, 2009).

(7)   95/000,549 (paper filed) – U.S. Patent No. 7,390,650 owned by Cellectricon AB and entitled SYSTEM AND METHOD FOR OBTAINING AND MAINTAINING HIGH-RESISTANCE SEALS IN PATCH CLAMP RECORDINGS.  Filed June 9, 2010 by Fluxion Biosciences, Inc.  The ‘650 patent (along with the ‘614, ‘518 and ‘252 patents – see above and below) is currently the subject of a litigation styled Cellectricon AB v. Fluxion Biosciences, Inc. (N.D. Cal., Case No. 5:09-cv-03150-RMW, filed July 10, 2009).

(8)   95/000,550 (paper filed) – U.S. Patent No. 7,470,518 owned by Cellectricon AB and entitled SYSTEMS AND METHODS FOR RAPIDLY CHANGING THE SOLUTION ENVIRONMENT AROUND SENSORS.  Filed June 9, 2010 by Fluxion Biosciences, Inc.  The ‘518 patent (along with the ‘614, ‘650 and ‘252 patents – see above and below) is currently the subject of a litigation styled Cellectricon AB v. Fluxion Biosciences, Inc. (N.D. Cal., Case No. 5:09-cv-03150-RMW, filed July 10, 2009).

(9)   95/000,552 (paper filed) – U.S. Patent No. 7,591,844 owned by Cordis Corporation and Wyeth and entitled MEDICAL DEVICES, DRUG COATINGS AND METHODS FOR MAINTAINING THE DRUG COATINGS THEREON.  Filed June 14, 2010.

And the following ex parte requests were made:

(1)   90/011,044 (electronically filed) – U.S. Patent No. 7,021,537 having David Tropp as its named inventor and entitled METHOD OF IMPROVING AIRLINE LUGGAGE INSPECTION.  Filed June 15, 2010.  The ‘537 patent is currently the subject of two litigations, styled: Tropp v. Conair Corporation (E.D.N.Y., Case No. 1:08-cv-04446-ENV-RLM, filed Nov. 3, 2008) and Travel Sentry, Inc. v. Tropp (E.D.N.Y., Case No. 1:06-cv-06415-ENV-RLM, filed Dec. 4, 2006).

(2)   90/011,055 (electronically filed) – U.S. Patent No. 6,188,988 owned by Advanced Biological Laboratories, SA and entitled SYSTEMS, METHODS AND COMPUTER PROGRAM PRODUCTS FOR GUIDING THE SELECTION OF THERAPEUTIC TREATMENT REGIMENS.  Filed June 21, 2010 by Robert W. Shafer, M.D., Associate Professor of Medicine, Stanford University.  The ‘988 patent (along with the ‘786 patent – see below) is currently the subject of a litigation styled Smartgene, Inc. v. Advanced Biological Laboratories, SA (D.D.C., Case No. 1:08-cv-00642, filed Apr. 11, 2008).

(3)   90/011,056 (electronically filed) – U.S. Patent No. 6,081,786 owned by Advanced Biological Laboratories, SA and entitled SYSTEMS, METHODS AND COMPUTER PROGRAM PRODUCTS FOR GUIDING THE SELECTION OF THERAPEUTIC TREATMENT REGIMENS.  Filed June 21, 2010 by Robert W. Shafer, M.D., Associate Professor of Medicine, Stanford University.  The ‘786 patent (along with the ‘988 patent – see above) is currently the subject of a litigation styled Smartgene, Inc. v. Advanced Biological Laboratories, SA (D.D.C., Case No. 1:08-cv-00642, filed Apr. 11, 2008).

(4)   90/011,057 (electronically filed) – U.S. Patent No. 6,456,189 owned by Mersen USA Newburyport-MA, LLC and entitled ELECTRICAL FUSE WITH INDICATOR.  Filed June 22, 2010 by the patent owner.

(5)   90/011,058 (electronically filed) – U.S. Patent No. 7,537,964 owned by Knowles Electronics, LLC and entitled METHOD OF FABRICATING A MINIATURE SILICON CONDENSER MICROPHONE.  Filed June 23, 2010.

(6)   90/011,059 (electronically filed) – U.S. Patent No. 6,397,974 owned by Otis Elevator Company and entitled TRACTION ELEVATOR SYSTEM USING FLEXIBLE, FLAT ROPE AND A PERMANENT MAGNET MACHINE.  Filed June 24, 2010.

(7)   90/011,060 (electronically filed) – U.S. Patent No. 7,217,304 owned by ExxonMobil Research & Engineering Company and entitled ELECTRIC POWER GENERATION WITH HEAT EXCHANGED MEMBRANE REACTOR.  Filed June 24, 2010 by the patent owner.

(8)   90/011,061 (electronically filed) – U.S. Patent No. 6,590,269 owned by Kingpak Technology Inc. and entitled PACKAGE STRUCTURE FOR A PHOTOSENSITIVE CHIP.  Filed June 24, 2010.

(9)   90/011,062 (electronically filed) – U.S. Patent No. 7,090,506 owned by AU Optronics Corp. and entitled SIGNAL TRANSMISSION DEVICE HAVING FLEXIBLE PRINTED CIRCUIT BOARDS.  Filed June 24, 2010.  The ‘506 patent is currently the subject of a litigation styled LG Display Co., Ltd. v. AU Optronics Corporation (D. Del., Case No. 1:08-cv-00355-JJF, filed June 12, 2008).

(10)   90/011,063 (electronically filed) – U.S. Patent No. 7,606,542 owned by the University of Washington and entitled SIMPLIFIED HIGH FREQUENCY TUNER AND TUNING METHOD.  Filed June 24, 2010.

(11)   90/011,064 (electronically filed) – U.S. Patent No. 6,830,596 owned by ExxonMobil Research & Engineering Company and entitled ELECTRIC POWER GENERATION WITH HEAT EXCHANGED MEMBRANE REACTOR.  Filed June 25, 2010 by the patent owner.

(12)   90/011,065 (electronically filed) – U.S. Patent No. 7,434,347 having Charles D. Powell as its named inventor and entitled WATERFOWL LURING SYSTEM.  Filed June 25, 2010 by Sillosocks C Corporation.

(13)   90/011,066 (electronically filed) – U.S. Patent No. 6,023,683 owned by ePlus Inc. and entitled ELECTRONIC SOURCING SYSTEM AND METHOD.  Filed June 25, 2010.

(14)   90/011,067 (electronically filed) – U.S. Patent No. 6,702,857 owned by DexCom, Inc. and entitled MEMBRANE FOR USE WITH IMPLANTABLE DEVICES.  Filed June 25, 2010 by Abbott Diabetes Care Inc.

(15)   90/009,754 (paper filed) – Information not currently available.

(16)   90/009,758 (paper filed) – U.S. Patent No. 5,376,252 owned by Gyros AB and entitled MICROFLUIDIC STRUCTURE AND PROCESS FOR ITS MANUFACTURE.  Filed June 9, 2010 by Fluxion Biosciences, Inc.  The ‘252 patent (along with the ‘614, ‘650 and ‘518 patents – see above) is currently the subject of a litigation styled Cellectricon AB v. Fluxion Biosciences, Inc. (N.D. Cal., Case No. 5:09-cv-03150-RMW, filed July 10, 2009).

(17)   90/009,759 (paper filed) – U.S. Patent No. 6,588,863 owned by Brass Smith LLC and entitled SNEEZE GUARDS AND METHODS FOR THEIR CONSTRUCTION AND USE.  Filed June 14, 2010.

(18)   90/009,760 (paper filed) – U.S. Patent No. 7,726,480 owned by Winterborne, Inc. and entitled DISPLAY PACK AND PACKAGING METHOD AND APPARATUS.  Filed June 10, 2010.

(19)   90/009,761 (paper filed) – U.S. Patent No. 7,216,888 owned by Black Diamond Equipment, Ltd. and entitled BINDING SYSTEM.  Filed June 10, 2010 by TwentyTwo Designs LLC.

(20)   90/009,762 (paper filed) – U.S. Patent No. 5,536,307 owned by K.A.E. Paving Consultants, Inc. and entitled PAVEMENT REJUVENATOR AND DRESSING CONDITIONER EMULSIONS AND JELLIES.  Filed June 18, 2010 by Pavement Rejuvenation International, L.P.

(21)   90/009,763 (paper filed) – U.S. Patent No. 6,134,461 owned by Therasense, Inc. and entitled ELECTROCHEMICAL ANALYTE.  Filed June 18, 2010.

(22)   90/009,764 (paper filed) – U.S. Patent No. 7,722,448 owned by Jarvis Products Corporation and entitled DEHIDER WITH GOVERNOR AND STRENGTHENED BLADE.  Filed June 18, 2010.

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