DNA Patents Dominate Reexamination Requests Filed Week of January 24, 2011

| February 2, 2011

In August, Helicos Biosciences sued Pacific Biosciences of California, Life Technologies and Illumina in Delaware for infringing four patents claiming methods for nucleotide sequencing.  Pacific Biosciences has now replied by requesting reexamination of each of the four patents-in-suit (inter partes Request Nos. (2) to (5)).

Also, a request was filed for one of the Ronald Katz telephone patents (see ex parte Request No. (3)).

The following inter partes requests were filed:

(1)         95/001,528 (electronically filed) – U.S. Patent No. 7,69,133 entitled SYSTEM AND METHOD FOR DEVELOPING RULES UTILIZING IN A KNOWLEDGE MANAGEMENT SYSTEM and owned by Wellogix Technology Licensing.  Filed January 26, 2011. 

(2)         95/001,529 (electronically filed) – U.S. Patent No. 7,645,596 entitled METHOD OF DETERMINING THE NUCLEOTIDE SEQUENCE OF OLIGONUCLEOTIDES AND DNA MOLECULES and owned by Helicos Biosciences.  Filed January 27, 2011 by Pacific Biosciences of California.  The ‘596 patent is currently the subject of a litigation styled Helicos Biosciences v. Pacific Biosciences of California (Case No. 1:10-cv-735 (D. Del.)).

(3)         95/001,530 (electronically filed) – U.S. Patent No. 7,767,400 entitled PAIRED-END READS IN SEQUENCING BY SYNTHESIS and owned by Helicos Biosciences. Filed January 27, 2011, by Pacific Biosciences of California.  The ‘400 patent is currently the subject of a litigation styled Helicos Biosciences v. Pacific Biosciences o f California (Case No. 1:10-cv-735 (D. Del.)).

(4)         95/001,531 (electronically filed) – U.S. Patent No. 7,169,560 entitled SHORT CYCLE METHODS FOR SEQUENCING POLYNUCLEOTIDES and owned by Helicos Biosciences.  Filed January 27, 2011, by Pacific Biosciences of California.  The ‘560 patent is currently the subject of a litigation styled Helicos Biosciences v. Pacific Biosciences of California (Case No. 1:10-cv-735 (D. Del.)).

(5)         95/001,532 (electronically filed) – U.S. Patent No. 7,037,687 entitled METHOD OF DETERMINING THE NUCLEOTIDE SEQUENCE OF OLIGONUCLEOTIDES AND DNA MOLECULES and owned by Helicos Biosciences.  Filed January 27, 2011, by Pacific Biosciences of California, Inc.  The ‘687 patent is currently the subject of a litigation styled Helicos Biosciences Corp. v. Pacific Biosciences of California, Inc. (Case No. 1:10-cv-735 (D. Del.)).

(6)         95/000,616 (paper filed) – U.S. Patent No. 7,731,609 entitled GOLF GREEN REPAIR DEVICE METHOD AND APPARATUS and owned by Greenfix Golf, Inc.   Filed January 21, 2011, by Pitch Pro Golf, LLC

The following ex parte requests were filed:

(1)         90/011,455 (electronically filed) – U.S. Patent No. 7,230,153 entitled MULTILAYER CONDUCTIVE APPLIANCE HAVING WOUND HEALING AND ANALGESIC PROPERTIES and owned by A. Bart Flick.   Filed January 24, 2011, by Choice Therapeutics, Inc.   The ‘153 patent is currently the subject of a litigation styled Argentum Medical, LLC v. Noble Biomaterials and Derma Sciences, Inc.,(Case No. 3:08-CV-01305 (M.D.Pa)); Argentum Medical, LLC v. Choice Therapeutics, Inc. and Global Medical Partners, LLC, (Case No. 1:10-cv-10100 (D.Mass.))

(2)         90/011,456 (electronically filed) – U.S. Patent No. 7,484,306 entitled STRAIGHT EDGE CLAMPING DEVICE and owned by Eugene Emerson.  Filed January 25, 2011, likely by Affinity Tools.  The ‘306 patent is currently the subject of a litigation styled Eugene Emerson v. Affinity Tool Works, LLC (Case No.  10-cv-1448 (C.D. Cal.)). 

(3)         90/011,457 (electronically filed) – U.S. Patent No. 5,684,863 entitled TELEPHONIC-INTERFACE STATISTICAL ANALYSIS SYSTEM and owned by Ronald A. Katz.   Filed January 25, 2011.   The ‘863 patent is currently the subject of a litigation styled In Re: Katz interactive Call Processing Patent Litigation, (Case No. 07-ml-01816-B-RGK (FFMx)(CACD February 21, 2008)

(4)         90/011,458 (electronically filed) – U.S. Patent No. entitled SMOKING ARTICLE WRAPPER FOR CONTROLLING IGNITION PROCLIVITY OF A SMOKING ARTICLE WITHOUT AFFECTING SMOKING CHARACTERISTICS and owned by Richard M. Peterson.  Filed January 26, 2011.  

(5)         90/011,459 (electronically filed) – U.S. Patent No. 6,304,715 entitled DISC HAVING A CODE FOR PREVENTING AN INTERFERENCE WITH A PLAYING OF A VIDEO SEGMENT and owned by Max Abecassis.  Filed January 28, 2011 by Time Warner, Inc., Warner Bros. Home Entertainment, Warner Bros, Entertainment, Inc., New Line Home Entertainment Inc. The ‘459 patent is currently the subject of a litigation styled Nissim Corp. v. Time Warner Inc., et al., (Case No. CV 08-742-VBF(MANx)(D. Cal.)

(6)         90/011,460 (electronically filed) – U.S. Patent No. 6,860,050 entitled APPARATUS FOR SEPARATING LABEL ASSEMBLY and owned by Timothy J. Flynn.  Filed January 28, 2011, by Avery Dennison Corporation. The ‘050 patent is currently the subject of a litigation styled Continental DataLabel, Inc.. v. Avery Dennision Corp., et al., (Case No. 1:09-cv-5980)(N.D. Ill.).

(7)   90/009,871 (paper filed) – U.S. Patent No. 6,766,617 entitled POWER SLIDING REAR WINDOW and owned by Dura.  Filed January 12, 2011.

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