Medtronic’s Attacks on Edwards Lifesciences’s Heart Valve Patents, among Reexamination Requests Filed Week of May 2, 2011

Scott Daniels | May 9, 2011

Medtronic has requested reexamination of two Edwards Lifesciences’ patents claiming heart valve systems for implantation, U.S. Patent Nos. 6,582,462 & 7,789,909 (see inter partes Request Nos. (3) & (4).  The two companies are long-time rivals in that market and are currently in litigation in Delaware regarding the ‘462 and ‘909 patents.

There were also requests for reexamination of patents involved in infringement disputes that we have been tracking.  One is U.S. Patent No. 7,349,012 which is one of the many patents in the litigation between MobileMedia Ideas and RIM (see inter partes Request No. (2)).  The other is U.S. Patent No. 7,917,186 owned by DexCom which is in litigation against Abbott Diabetes Care (see ex parte Request No. (6)).

The following inter partes requests were filed:

(1)         95/001,613 (electronically filed) – U.S. Patent No. 7,217,392 entitled RANDOM ACCESS SLIDE STAINER WITH INDEPENDENT SLIDE HEATING REGULATION and owned by Dako Denmark A/S.  Filed May 3, 2011, by Leica Biosystems Melbourne Party.  The ‘392 patent is currently the subject of a litigation styled Dako Denmark A/S v. Leica Microsystems (Case No. 1:11-cv-390-UNA (D. Del.)). 

(2)         95/001,614 (electronically filed) – U.S. Patent No. 7,349,012 entitled IMAGING APPARATUS WITH HIGHER AND LOWER RESOLUTION CONVERTERS AND A COMPRESSION UNIT TO COMPRESS DECREASED RESOLUTION IMAGE DATA and owned by MobileMedia Ideas.  Filed May 3, 2011, likely by RIM.  The ‘012 patent is currently the subject of a litigation styled MobileMedia Ideas v. RIM (Case No. 2:10-cv-113-TJW (E.D. Tex.)).

(3)         95/001,615 (electronically filed) – U.S. Patent No. 7,789,909 entitled SYSTEM FOR IMPLANTING VALVE PROSTHESIS and owned by Edwards Lifesciences AG.  Filed May 4, 2011, by Medtronic.  The ‘909 patent is currently the subject of a litigation styled Edwards Lifesciences AG v. Medtronic (Case No. 09-873 (D. Del.)). 

(4)         95/001,616 (electronically filed) – U.S. Patent No. 6,582,462 entitled VALVE PROSTHESIS FOR IMPLANTATION IN THE BODY AND A CATHETER FOR IMPLANTING SUCH VALVE PROSTHESIS and owned by Edwards Lifesciences.  Filed May 4, 2011, by Medtronic.  The ‘462 patent is currently the subject of a litigation styled Edwards Lifesciences AG v. Medtronic (Case No. 09-873 (D. Del.)).

The following ex parte requests were filed:

(1)         90/011,666 (electronically filed) – U.S. Patent No. 7,462,489 entitled METHODS FOR IDENTIFYING AND ANALYZYING BIOMARKERS FROM PLASMA-DERIVED MICROPARTICLES and owned by Klaus Ley and David Smalley.  Filed May 2, 2011.  

(2)         90/011,667 (electronically filed) – U.S. Patent No. 5,914,322 entitled TREATMENT OF DISEASE AND CONDITIONS and owned by Jagotec AG.  Filed May 3, 2011, likely by Tolmar.   The ‘322 patent is currently the subject of the case styled Nycomed US Inc. et al. v. Tolmar, Inc. (Case No. 2:10-cv-02635 (D.N.J.)).

(3)         90/011,668 (electronically filed) – U.S. Patent No. 5,543,047 entitled FILTER WITH OVER-LAID PLEATS IN INTIMATE CONTACT and owned by Pall Corporation.  Filed May 3, 2011.  

(4)         90/011,669 (electronically filed) – U.S. Patent No. 7,845,889 entitled GROOVED FASTENER and owned by Illinois Tool Works.  Filed May 5, 2011, by Owner.  

(5)         90/011,670 (electronically filed) – U.S. Patent No. 7,923,390 entitled ELECTRICAL SHIELDING MATERIAL COMPOSED OF METALLIZED STAINLESS STEEL MONOFILAMENT YARN and owned by Micrometal Tech.  Filed May 5, 2011, by Owner.  

(6)         90/011,671 (electronically filed) – U.S. Patent No. 7,917,186 entitled CALIBRATION TECHNIQUES FOR A CONTINUOUS ANALYTE SENSOR and owned by DexCom.  Filed May 5, 2011, by Abbott Diabetes Care.  

(7)         90/011,672 (electronically filed) – U.S. Patent No. 6,979,286 entitled EXERCISE BAR AND CORD ASSEMBLY and owned by Douglas Terry.  Filed May 6, 2011.  

(8)         90/011,673 (electronically filed) – U.S. Patent No. 7,578,775 entitled PERSONAL EXERCISE SYSTEM and owned by Douglas Terry.  Filed May 6, 2011.  

(9)         90/011,674 (electronically filed) – U.S. Patent No. 7,523,063 entitled PROCESS AND APPARATUS FOR CONDUCTING AUCTIONS OVER ELECTRONIC NETWORKS and owned by Miniauction.  Filed May 6, 2011.  

(10)     90/011,675 (electronically filed) – U.S. Patent No. 5,600,766 entitled METHOD AND APPARATUS FOR STORING AND DISPLAYING A POWER-ON GRAPHICAL IMAGE and owned by Lenovo (Singapore).  Filed May 9, 2011, by.  

(11)     90/011,676 (electronically filed) – U.S. Patent No. 7,829,163 entitled SHRINK SLEEVE FOR AN ARTICLE CLOSURE and owned by Bank of America.  Filed May 6, 2011, by Owner.  

(12)     90/011,677 (electronically filed) – U.S. Patent No. 7,728,011 entitled DERMALLY APPLICABLE LIQUID FORMULATIONS FOR CONTROLLING PARASITIC INSECTS ON ANIMALS and owned by Bayer Healthcare.  Filed May 6, 2011.  

(13)     90/011,678 (electronically filed) – U.S. Patent No. 5,804,375 entitled REACTION MIXTURES FOR DETECTION OF TARGET NUCLEIC ACIDS and owned by Roche Molecular Systems.  Filed May 6, 2011, by Troll Busters.  

(14)     90/009,901 (paper filed) – U.S. Patent No. 6,894,811 entitled INTERFACE CIRCUIT FOR UTILIZING A FACSIMILE COUPLED TO A PC AS A SCANNER OR PRINTER and owned by Infinity Computer Products.  Filed April 19, 2011.   The ‘811 patent is currently the subject of a litigation styled Infinity Computer Prods. v. Brother International at al.  (Case No. 2:10-cv-3175-LDD (E.D. Pa.)).

(15)     90/009,902 (paper filed) – U.S. Patent No. 7,489,423 entitled INTERFACE CIRCUIT FOR UTILIZING A FACSIMILE MACHINE COUPLED TO A PC AS A SCANNER OR PRINTER and owned by Infinity Computer Products.  Filed April 19, 2011.   The ‘423 patent is currently the subject of a litigation styled Infinity Computer Prods. v. Brother International at al.  (Case No. 2:10-cv-3175-LDD (E.D. Pa.)).

(16)     90/009,903 (paper filed) – U.S. Patent No. 6,030,047 entitled CHILD VEHICLE SEAT WITH CHILD-RESTRAINT HARNESS ADJUSTMENT MECHANISM and owned by Cosco Inc.   Filed April 28, 2011.

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