Challenges to Medical Device Patents Prominent among Reexamination Requests Filed Week of February 6, 2012

Scott Daniels | February 13, 2012

There has been a notable increase in the number of reexamination requests filed against medical device patents.  That trend continued apace last week. 

First, Innova Labs requested reexamination of two Inogen patents claiming structures for delivering therapeutic gases to patients (see inter partes Request Nos. (3) & (4)).  Inogen has sued Innova in the Central District of California for infringement of the patents.  Also, Globus Medical requested reexamination of three surgical access apparatus patents owned by Nuvasive (see inter partes Request Nos. (6), (7) & (8)).  Those companies are locked in an infringement action in Delaware.

And reexamination was requested for yet another Round Rock Research RFID patent and yet another Ronald Katz telephone patent (see ex parte Request Nos. (3) & (5)). 

The following inter partes requests were filed:

(1)         95/001,883 (electronically filed) – U.S. Patent No. 6,234,351 entitled APPARATUS AND METHOD FOR ENHANCING EVACUATION OF BULK MATERIAL SHIPPER BAGS and owned by A.R. Arena Prods.  Filed February 6, 2012, by Grayling Industries.  The ‘351 patent is currently the subject of a litigation styled A.R. Arena Prods. v. Grayling Indus. (Case No. 5:11-cv-1911 (N.D. Ohio)). 

(2)         95/001,884 (electronically filed) – U.S. Patent No. 7,797,941 entitled GAS TURBINE ENGINE SYSTEMS INVOLVING HYDROSTATIC FACE SEALS and owned by United Technologies.  Filed February 7, 2012, by Stein Seal Company

(3)         95/001,885 (electronically filed) – U.S. Patent No. 7,841,343 entitled SYSTEMS AND METHODS FOR DELIVERING THERAPEUTIC GAS TO PATIENTS and owned by Inogen, Inc.  Filed February 8, 2012, by Innova Labs., Inc.  The ‘343 patent is currently the subject of a litigation styled Inogen, Inc. v. Innova Labs., Inc. (Case No. 11-cv-1692 (C.D. Cal.)). 

(4)         95/001,886 (electronically filed) – U.S. Patent No. 6,605,136 entitled PRESSURE SWING ADSORPTION PROCESS OPERATION AND OPTIMIZATION and owned by Inogen, Inc.  Filed February 8, 2012, by Innova Labs., Inc.  The ‘136 patent is currently the subject of a litigation styled Inogen, Inc. v. Innova Labs., Inc. (Case No. 11-cv-1692 (C.D. Cal.)). 

(5)         95/001,887 (electronically filed) – U.S. Patent No. 6,467,652 entitled DISCHARGE OF PUMPABLE MATERIAL FROM SHIPPER BAG and owned by A.R. Arena Prods.  Filed February 8, 2012, by Grayling Industries.  The ‘652 patent is currently the subject of a litigation styled A.R. Arena Prods. v. Grayling Industries (Case No. 5:11-cv-1911 (N.D. Ohio)). 

(6)         95/001,888 (electronically filed) – U.S. Patent No. 7,691,057 entitled SURGICAL ACCESS SYSTEM AND RELATED METHODS and owned by Nuvasive.  Filed, by Globus Medical.  The ‘057 patent is currently the subject of a litigation styled Nuvasive v. Globus Medical (Case No. 1:10-cv-849 (D. Del.)). 

(7)         95/001,889 (electronically filed) – U.S. Patent No. 7,819,801 entitled SURGICAL ACCESS SYSTEM AND RELATED METHODS and owned by Nuvasive.  Filed February 9, 2012, by Globus Medical.  The ‘801 patent is currently the subject of a litigation styled Nuvasive v. Globus Medical (Case No. 1:10-cv-849 (D. Del.)).

(8)         95/001,890 (electronically filed) – U.S. Patent No. 7,905,840 entitled SURGICAL ACCESS SYSTEM AND RELATED METHODS and owned by Nuvasive.  Filed February 9, 2012, by Globus Medical.  The ‘840 patent is currently the subject of a litigation styled Nuvasive v. Globus Medical (Case No. 1:10-cv-849 (D. Del.)).

The following ex parte requests were filed:

(1)         90/012,128 (electronically filed) – U.S. Patent No. 7,174,362 entitled METHOD AND SYSTEM FOR SUPPLYING PRODUCTS FROM PRE-STORED DIGITAL DATA IN RESPONSE TO DEMANDS TRANSMITTED VIA COMPUTER NETWORK and owned by Innovative Automation, LLC. Filed February 6, 2012.   The ‘362 patent is currently the subject of a litigation styled Innovative Automation LLC v. Audio and video Labs, Inc., et al., Civ. No. 11-cv-00234 (E.D. Tex).

(2)         90/012,129 (electronically filed) – U.S. Patent No. 7,392,283 ENTITLED METHOD AND SYSTEM FOR SUPPLYING PRODUCTS FROM PRE-STORED DIGITAL DATA IN RESPONSE TO DEMANDS TRANSMITTED VIA COMPUTER NETWORK and owned by Innovative Automation, LLC. Filed February 6, 2012.

(3)         90/012,130 (electronically filed) – U.S. Patent No. 7,777,610 entitled RADIO FREQUENCY IDENTIFICATION APPARATUSES and owned by Round Rock Research, LLC. Filed February 6, 2012.

(4)         90/012,131 (electronically filed) – U.S. Patent No. 7,897,372 entitled I-CREI MEGANUCLEASE VARIANTS WITH MODIFIED SPECIFICITY METHOD OF PREPARATION AND USES THEREOF and owned by Cellectis.  Filed February 6, 2012, likely by Precision BioSciences.  The ‘372 patent is currently the subject of a litigation styled Cellectis, S.A. v. Precision BioSciences, Inc.,  C.A. No. 11-cv-1273 (D. Del. March 1, 2011); Precision Biosciences, Inc., v. Cellectis, S.A., Case No. 11-cv-00091 (E.D.N.C., March 1, 2011).

(5)         90/012,132 (electronically filed) – U.S. Patent No. 5,561,707 entitled TELEPHONIC-INTERFACE STATISTICAL ANALYSIS SYSTEM and owned by General Electric Capital.  Filed February 7, 2012.

(6)         90/012,133 (electronically filed) – U.S. Patent No. 7,682,044 entitled SLIDE CONTROLLER FOR AN AUDIO-MIXER and owned by Studer Professional Audio GmbH.  Filed February 7, 2012.  

(7)         90/012,134 (electronically filed) – U.S. Patent No. 7,784,968 entitled SLIDE CONTROLLER FOR AN AUDIO-MIXER and owned by Studer Professional Audio GmbH.  Filed February 7, 2012. 

(8)         90/012,135 (electronically filed) – U.S. Patent No. 6,475,435 entitled APPARATUS AND METHOD FOR PROVIDING STERILIZATION ZONES IN AN ASEPTIC PACKAGING STERILIZATION TUNNEL and owned by Steuben Foods.  Filed February 9, 2012.   The ‘435 patent is currently the subject of  two infringement actions styled: Steuben Foods v. Oystar USA (Case No 1:10-cv-78)); and Steuben Foods v. Shibuya Hoppman (Case No. )).

(9)         90/009,984 (paper filed) – U.S. Patent No. 6,558,264 entitled INFLATABLE WEDGE FOR DIVING ONTO A WATER SLIDE and owned by Aviva Sports.  Filed February 3, 2012. 

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