Challenge to Unigene’s Osteoporosis Patent, among the Reexamination Requests Week of June 20, 2011

Scott Daniels | June 27, 2011

Unigene Laboratories obtained a judgment in 2009 against Apotex for infringement of Unigene’s Reissue Patent No. 40,812 covering Unigene’s FORTICAL® formulation for treatment of postmenopausal osteoporosis.  The only significant issue in that case appears to have been patent validity.  The case is on appeal to the CAFC.  This past Wednesday, reexamination was requested for the ‘812 patent, presumably by Apotex, though the PTO records are not yet clear (see inter partes Request No. (2)).

Reexamination was requested for another Hydro-Quebec lithium battery, but the PTO records don’t yet disclose which one (see inter partes Request No. (3)) – Hydro-Quebec has at least five.

The following inter partes requests were filed:

(1)         95/001,666 (electronically filed) – U.S. Patent No. 7,446,856 entitled ILLUMINATION SYSTEMS, EXPOSURE APPARATUS, AND MICRODEVICE-MANUFACTURING METHODS USING SAME and owned by Nikon Corporation. Filed June 20, 2011, by Carl Zeiss SMT GmbH

(2)         95/001,667 (electronically filed) – U.S. Patent No. Re. 40,812 entitled NASAL CALCITONIN FORMULATION and owned by Unigene Labs. Filed June 21, 2011.  The ‘812 patent is currently the subject of a litigation styled Unigene v. Apotex (Case No. 06-cv-5571-Rpp (S.D.N.Y.)).

(3)         95/001,668 (electronically filed) – U.S. Patent No. entitled CATHODE MATERIALS FOR SECONDARY (RECHARGEABLE) LITHIUM BATTERIES and owned by Hydro-Quebec. Filed June 22, 2011.

 The following ex parte requests were filed:

(1)         90/011,750 (electronically filed) – U.S. Patent No. 7,661,881 entitled SYSTEMS AND METHODS FOR IMAGING LARGE FIELD-OF-VIEW OBJECTS and owned by Medtronic Navigation.  Filed June 17, 2011, by Owner.

(2)         90/011,751 (electronically filed) – U.S. Patent No. 6,250,392 entitled PUMP SYSTEMS AND METHODS and owned by Muth Pump. Filed June 20, 2011.   The ‘392 patent is currently the subject of a litigation styled Muth Pump LLC v. Eagle Innovations, Inc., (Case No. 10-cv-02850REB (D. Colorado)).

(3)         90/011,752 (electronically filed) – U.S. Patent No. 5,954,902 entitled Controlling the Porosity and Permeation of a Web and owned by Silicon Valley Bank. Filed June 20, 2011 by Brookwood Companies.  The ‘902 patent is currently the subject of a litigation styled Nextec Applications v. Brookwood Companies, Inc. , (Case No  07-cv- 6901 (S.D.N.Y.)).

(4)         90/011,753 (electronically filed) – U.S. Patent No. 6,748,192 entitled Imagine Heating Apparatus Having Metallic Rotary Member Contacting With Heater and owned by Canon Kabushiki Kaisha.  Filed June 21, 2011.

(5)         90/011,754 (electronically filed) – U.S. Patent No. 7,930,576 entitled SHARING NON-SHARABLE DEVICES BETWEEN AN EMBEDDED CONTROLLER AND A PROCESSOR IN A COMPUTER SYSTEM and owned by. Standard Microsystems Corporation. Filed June 21 2011, by Felix Yeh.  

(6)         90/011,755 (electronically filed) – U.S. Patent No. 6,443,094 entitled Method and Apparatus for Cleaning the Udder of a Cow and owned by Daritech, Inc. Filed June 21, 2011, by Green Source Automation, LLC.  The ‘094 patent is currently the subject of a litigation styled Daritech, Inc. v. Green Source Automation, LLC,  (Case No. 11-cv-156 (E.D. Cal.)).

(7)         90/011,756 (electronically filed) – U.S. Patent No. 7,360,079 entitled System and Method for Processing Digital Documents Utilizing Secure Communications Over a Network and owned by Yozons, Inc.  Filed June 22, 2011.

(8)         90/011,757 (electronically filed) – U.S. Patent No. 7,807,922 entitled VIBRATION RESISTANT CABLE and owned by Southwire Co.  Filed June 23, 2011.  

(9)         90/011,758 (electronically filed) – U.S. Patent No. 6,542,673 entitled IDENTIFIER SYSTEM AND COMPONENTS FOR OPTICAL ASSEMBLIES and owned by Cirrex.  Filed June 24, 2011.  

(10)     90/009,915 (paper filed) – U.S. Patent No. 6,480,565 entitled APPARATUS AND METHOD FOR CONE BEAM VOLUME COMPUTED TOMOGRAPHY BREAST IMAGING and owned by University of Rochester. Filed June 13, 2011.

(11)     90/009,916 (paper filed) – U.S. Patent No. 7,447,264 entitled MOVING-PICTURE TEMPORAL SCALABLE CODING METHOD, CODING APPARATUS, DECODING METHOD, DECODING APPARATUS, AND COMPUTER PROGRAM THEREFOR and owned by Victor Company of Japan.  Filed June 16, 2011.  

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