Requests for Reexamination of 27 Vesta Medical Patents, among those Filed Week of August 1, 2011

Scott Daniels | August 8, 2011

It was a quiet week on the new reexamination front, except that CareFusion requested reexamination of 27 Vesta Medical patents related to disposal of medical waste.  This does not appear, however, to have been done with hostile intent since Vesta is a subsidiary of CareFusion

Hostile intent was clearly in evidence, on the other hand, when SAP America requested reexamination of a new Wellogix patent (see inter partes Request No. (1)).  For good measure, on the same day, SAP filed a declaratory judgment action against the same Wellogix patent. 

Finally, Reexamination was requested against an Intellectual Ventures patent related to field-programmable gate arrays (see ex parte Request No. (32)).  Last December IV sued Altera and two other companies for infringing on that patent, as well as four other patents.  Since reexamination has now been requested against all five IV patents-in-suit, one or more of the parties might now seek a stay of the litigation pending completion of the reexaminations. 

The following inter partes requests were filed:

(1)         95/001,700 (electronically filed) – U.S. Patent No. 7,991,680 entitled METHOD AND PROCESS FOR PROVIDING RELEVANT DATA, COMPARING PROPOSAL ALTERNATIVES, AND RECONCILING PROPOSALS, INVOICES, AND PURCHASE ORDERS WITH ACTUAL COSTS IN A WORKFLOW PROCESS and owned by Wellogix Tech. Licensing.  Filed August 2, 2011, likely by SAP America.  The ‘680 patent is currently the subject of a litigation styled SAP America v. Wellogix (Case No. 6:11-cv-401 (S.D. Tex.)). 

(2)         95/001,701 (electronically filed) – U.S. Patent No. 7,320,031 entitled AUTOMATIC, PERSONALIZED ONLINE INFORMATION AND PRODUCT SERVICES and owned by Personalized User Model.  Filed August 2, 2011, likely by Google.  The ‘031 patent is currently the subject of a litigation styled Personalized User Model v. Google (Case No. 09-cv-525 (D. Del.)). 

(3)         95/001,702 (and electronically filed) – U.S. Patent No. 7,550,083 entitled HIGH EFFICIENCY POWER CONVERTER owned by SynQor.  Filed August 5, 2011.  The ‘083 patent is currently the subject of a litigation styled SynQor v. Ericsson (E.D. Tex.)). 

(4)         95/001,703 (electronically filed) – U.S. Patent No. 6,768,497 entitled ELASTIC PRESENTATION SPACE and owned by Noregin Assets N.V., L.L.C. Filed August 5, 2011. 

(5)         95/001,704 (electronically filed) – U.S. Patent No. 7,987,641 entitled MOUNTING SYSTEM FOR A SOLAR PANEL and owned by Andalay Solar.  Filed August 5, 2011.  The ‘641 patent is currently the subject of a litigation styled Zep Solar et al., v. Westinghouse et al., (Case No. 11-3800 (N.D. Cal.)).

The following ex parte requests were filed:

(1)         90/011,817 (electronically filed) – U.S. Patent No. 5,158,377 entitled INK-SUPPLY SYSTEM FOR A DOT MATRIX PRINTER and owned by Seiko Epson.  Filed August 1, 2011. The ‘377 patent is currently the subject of a litigation styled Seiko Epson et al. v. Glory South Software Manufacturing (3:06-cv-236 (D. Ore.)).

(2)         90/011,818 (electronically filed) – U.S. Patent No. 7,644,987 entitled VEHICLE SEAT HAVING ACTIVE HEAD RESTRAINT SYSTEM and owned by Lear Corp.  Filed August 1, 2011, by TS Tech North America.  The ‘987 patent is currently the subject of a litigation styled Lear Corp. v. TS Tech USA et al. (Case 2:11-cv-245-GLF-MRA (S.D. Ohio)).

(3)         90/011,819 (electronically filed) – U.S. Patent No. 7,664,656 entitled METHOD FOR SORTING WASTE UTILIZING REMOVABLE LINERS and owned by Vesta Medical.  Filed August 1, 2011, by CareFusion.

(4)         90/011,820 (electronically filed) – U.S. Patent No. 7,660,724 entitled WASTE SORTING SYSTEM UTILIZING REMOVABLE LINERS and owned by Vesta Medical. Filed August 1, 2011, by CareFusion

(5)         90/011,821 (electronically filed) – U.S. Patent No. 7,620,599 entitled SYSTEM FOR FACILITATING MEDICAL WASTE DISPOSAL and owned by Vesta Medical. Filed August 1, 2011, by CareFusion.  

(6)         90/011,822 (electronically filed) – U.S. Patent No. 7,565,299 entitled WASTE SORTING AND TRACKING SYSTEM AND METHOD and owned by Vesta Medical. Filed August 1, 2011, by CareFusion

(7)   90/011,823 (electronically filed) – U.S. Patent No. 7,617,113 entitled MEDICAL WASTE SORTING METHOD and owned by Vesta Medical.  Filed August 1, 2011, by CareFusion.  

(8)   90/011,824 (electronically filed) – U.S. Patent No. 7,533,029 entitled WASTE SORTING SYSTEM FOR RENDERING DRUGS NON-RECOVERABLE and owned by Vesta Medical.  Filed August 1, 2011, by CareFusion.

(9)   90/011,825 (electronically filed) – U.S. Patent No. 7,562,025 entitled WASTE SORTING SYSTEM WITH QUERY FUNCTION, AND METHOD THEREOF and owned by Vesta Medical.  Filed August 1, 2011, by CareFusion.

(10)           90/011,826 (electronically filed) – U.S. Patent No. 7,487,100 entitled METHOD OF SORTING REGULATED DRUG WASTE and owned by Vesta Medical.  Filed August 1, 2011, by CareFusion.  

(11)           90/011,827 (electronically filed) – U.S. Patent No. 7,533,028 entitled WASTE SORTING METHOD FOR RENDERING DRUGS NON-RECOVERABLE and owned by Vesta Medical.  Filed August 1, 2011, by CareFusion.

(12)           90/011,828 (electronically filed) – U.S. Patent No. 7,454,358 entitled WASTE SCANNING METHOD and owned by Vesta Medical.  Filed August 1, 2011, by CareFusion.  

(13)           90/011,829 (electronically filed) – U.S. Patent No. 5,944,445 entitled DEVICE AND METHOD FOR RELIEVING FLOODING FROM ENCLOSED SPACE and owned by Smart Vent.  Filed August 2, 2011.  The ‘445 patent is currently the subject of a litigation styled Smart Vent v. USA FloodAir Vents, LTD. (Case No. 10-cv-00168 (JBS)(KMW)).

(14)           90/011,830 (electronically filed) – U.S. Patent No. 7,483,837 entitled WASTE SENSING SYSTEM and owned by Vesta Medical.  Filed August 1, 2011.

(15)           90/011,831 (electronically filed) – U.S. Patent No. 7,383,195 entitled METHODS OF SORTING WASTE and owned by Vesta Medical.  Filed August 2, 2011, by CareFusion

(16)           90/011,832 (electronically filed) – U.S. Patent No. 7,341,147 and entitled DISPOSABLE CONTAINER FOR USE IN A WASTE SORTING SYSTEM and owned by Vesta Medical.  Filed August 2, 2011, by CareFusion.

(17)           90/011,833 (electronically filed) – U.S. Patent No. 6,534,805 entitled SRAM CELL DESIGN and owned by Cypress Semiconductor.  Filed August 2, 2011, likely by GSI.   The ‘805 patent is currently the subject of a litigation styled Cypress Semiconductor v. GSI (Case No. 11-cv-789-PJS (D. Minn.)).

(18)           90/011,834 (electronically filed) – U.S. Patent No. 7,160,997 entitled METHODS OF USING FET LABELED OLIGONUCLEOTIDES THAT INCLUDE A 3-5 EXONUCLEASE RESISTANT QUENCHER DOMAIN AND COMPOSITIONS FOR PRACTICING THE SAME and owned by Life Technologies.  Filed August 3, 2011, by “Troll Busters.”  

(19)           90/011,835 (electronically filed) – U.S. Patent No. 5,899,855 entitled MODULAR MICROPROCESSOR-BASED HEALTH MONITORING SYSTEM and owned by Filed August 3, 2011.

(20)           90/011,836 (electronically filed) – U.S. Patent No. 7,318,529 entitled METHOD FOR SORTING DISCARDED AND SPENT PHARMACEUTICAL ITEMS and owned by Vesta Medical.  File August 3, 2011, by CareFusion

(21)           90/011,837 (electronically filed) – U.S. Patent No. 7,311,207 entitled SYSTEM FOR SORTING DISCARDED AND SPENT PHARMACEUTICAL ITEMS and owned by Vesta Medical.  Filed August 3, 2011, by CareFusion.  

(22)           90/011,838 (electronically filed) – U.S. Patent No. 7,303,080 entitled WASTE SENSOR FOR A DISPOSABLE CONTAINER and owned by Vesta Medical.  Filed August 3, 2011, by CareFusion.

(23)           90/011,839 (electronically filed) – U.S. Patent No. 7,303,082 entitled MEDICAL WASTE SORTING SYSTEM WITH CONTAINER IDENTIFICATION and owned by Vesta Medical.  Filed August 3, 2011, by CareFusion

(24)           90/011,840 (electronically filed) – U.S. Patent No. 7,303,081 entitled HANDHELD MEDICAL WASTE SORTING SYSTEM and owned by Vesta Medical.  Filed August 4, 2011, by CareFusion

(25)           90/011,841 (electronically filed) – U.S. Patent No. 7,296,688 entitled APPARATUS FOR FACILITATING MEDICAL WASTE DISPOSAL and owned by Vesta Medical.  Filed August 4, 2011, by CareFusion.  

(26)           90/011,842 (electronically filed) – U.S. Patent No. 7,245,645 entitled HANDHELD MEDICAL WASTE SORTING DEVICE and owned by Vesta Medical.  Filed August 4, 2011, by CareFusion.   The ‘patent is currently the subject of a litigation styled

(27)           90/011,843 (electronically filed) – U.S. Patent No. 7,138,918 entitled SYSTEM FOR SORTING WASTE and owned by Vesta Medical.  Filed August 4, 2011, by CareFusion.  

(28)           90/011,844 (electronically filed) – U.S. Patent No. 7,126,480 entitled WASTE SORTING NETWORK and owned by Vesta Medical.  Filed August 4, 2011, by CareFusion.  

(29)           90/011,845 (electronically filed) – U.S. Patent No. 7,119,689 entitled SYSTEM AND METHOD FOR SORTING MEDICAL WASTE FOR DISPOSAL and owned by Vesta Medical.  Filed August 4, 2011, by CareFusion

(30)           90/011,846 (electronically filed) – U.S. Patent No. 7,123,450 entitled WASTE CONTAINER IDENTIFICATION SYSTEM and owned by Vesta Medical.  Filed August 4, 2011, by CareFusion.  

(31)           90/011,847 (electronically filed) – U.S. Patent No. 5,897,880 entitled TOPICAL DRUG PREPARATIONS and owned by GlycoBioSciences.  Filed August 4, 2011, by Nycomed.  The ‘880 patent is currently the subject of a litigation styled GlycoBioSciences v. Nycomed et al. (Case No. 2:11-cv-1280-JS-WDW (E.D.N.Y.)).

(32)           90/011,848 (electronically filed) – U.S. Patent No. 5,675,808 entitled POWER CONTROL OF CIRCUIT MODULES WITHIN AN INTEGRATED CIRCUIT and owned by Intellectual Ventures.  Filed August 4, 2011.   The ‘808 patent is currently the subject of a litigation styled Intellectual Ventures v. Altera et al.  (Case No. 1:10-cv-1065-LPS (D. Del.)).

(33)           90/011,849 (electronically filed) – U.S. Patent No. 5,597,213 entitled WHEEL AND OVERLAY ASSEMBLY and owned by Lacks Industries.  Filed August 5, 2011.   Lacks Ind Inc., v. McKechnie Vehicle, et al., (Case No. 1:08-cv-289 (W.D. Mich.)).

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