Attacks on Medtronic & OrbusNeich Medical Device Patents among the Reexamination Requests Filed the Week of March 5, 2012

Scott Daniels | March 12, 2012

Edwards Lifesciences requested reexamination of a Medtronic prosthetic valve patent last week (see inter partes Request No. (1)).  The companies are involved in an infringement action in the Central District of California regarding ‘281 patent.  And Boston Scientific requested reexamination of an OrbusNeich helical stent patent (see inter partes Request No. (9)).  OrbusNeich has sued Boston Scientific in the Eastern District of Virginia for infringement of that patent, as well as trade secret misappropriation. 

The winner for filing the most requests last week, however, was Verizon that sought reexamination of seven Realtime Data patent claiming data storage and retrieval systems (see inter partes Request Nos. (2) to (8)).  The parties are involved in litigation in the Eastern District of Texas. 

The following inter partes requests were filed:

(1)         95/001,921 (electronically filed) – U.S. Patent No. 7,892,281 entitled PROSTHETIC VALVE FOR TRANSLUMINAL DELIVERY and owned by Medtronic CardioVascular.  Filed March 2, 2012, by Edwards Lifesciences.  The ‘281 patent is currently the subject of a litigation styled CoreValve et al. v. Edwards Lifesciences (Case No. 11-cv-961 (C.D. Cal.)). 

(2)         95/001,922 (electronically filed) – U.S. Patent No. 7,321,937 entitled SYSTEM AND METHODS FOR ACCELERATED DATA STORAGE AND RETRIEVAL and owned by Realtime Data, LLC. Filed March 2, 2012, by Cellco Partnership d/b/a Verizon.  The ‘937 patent is currently the subject of a litigation styled Real Time Data, LLC d/b/a Ixo v. MetroPCS Texas, LLC, Case No. 6:10-cv-00493; LED (E.D. Tex.)).

(3)         95/001,923 (electronically filed) – U.S. Patent No. 6,604,158 entitled SYSTEM AND METHODS FOR ACCELERATED DATA STORAGE AND RETRIEVAL and owned by Realtime Data, LLC.  Filed March 2, 2012, by Cellco Partnership d/b/a Verizon.   The ‘158 patent is currently the subject of a litigation styled Real Time Data, LLC d/b/a Ixo v. MetroPCS Texas, LLC, Case No. 6:10-cv-00493-LED (E.D. Tex.)).

(4)         95/001,924 (electronically filed) – U.S. Patent No. 7,352,300 entitled DATA COMPRESSION SYSTEMS AND METHODS and owned by Realtime Data, LLC.  Filed March 2, 2012, by Cellco Partnership d/b/a Verizon.   The ‘300 patent is currently the subject of a litigation styled Real Time Data, LLC d/b/a Ixo v. MetroPCS Texas, LLC, Case No. 6:10-cv-00493; LED (E.D. Tex.)).

(5)         95/001,925 (electronically filed) – U.S. Patent No. 7,395,345 entitled SYSTEM AND METHODS FOR ACCELERATED DATA STORAGE AND RETRIVEL and owned by Realtime Data, LLC. Filed March 2, 2012, by Cellco Partnership d/b/a Verizon.  The ‘345 patent is currently the subject of a litigation styled Real Time Data, LLC d/b/a Ixo v. MetroPCS Texas, LLC, Case No. 6:10-cv-00493; LED (E.D. Tex.)).

(6)         95/001,926 (electronically filed) – U.S. Patent No. 7,161,506 entitled SYSTEMS AND METHODS FOR DATA COMPRESSION SUCH AS CONTENT DEPENDENT DATA COMPRESSION and owned by Realtime Data, LLC.  Filed March 2, 2012, by Cellco Partnership d/b/a Verizon.    The ‘506 patent is currently the subject of a litigation styled Real Time Data, LLC d/b/a Ixo v. MetroPCS Texas, LLC, Case No. 6:10-cv-00493; LED (E.D. Tex.)).

(7)         95/001,927 (electronically filed) – U.S. Patent No. 7,415,530 entitled SYSTEM AND METHODS FOR ACCELERATED DATA STORAGE AND RETRIEVAL  and owned by Realtime Data, LLC.   Filed March 2, 2012, by Cellco Partnership d/b/a Verizon.  The ‘530 patent is currently the subject of a litigation styled Real Time Data, LLC d/b/a Ixo v. MetroPCS Texas, LLC, Case No. 6:10-cv-00493; LED (E.D. Tex.)).

(8)         95/001,928 (electronically filed) – U.S. Patent No. 7,378,992 entitled CONTENT INDEPENDENT DATA COMPRESSION METHOD AND SYSTEM and owned by Realtime Data, LLC Filed March 2, 2012, by Cellco Partnership d/b/a Verizon.  The ‘992 patent is currently the subject of a litigation styled Real Time Data, LLC d/b/a Ixo v. MetroPCS Texas, LLC, Case No. 6:10-cv-00493; LED (E.D. Tex.)).

(9)         95/001,929 (electronically filed) – U.S. Patent No. 7,329,277 entitled STENT HAVING HELICAL ELEMENTS and owned by OrbusNeich Medical Technologies, Inc.  Filed March 5, 2012, by Boston Scientific.  The ‘277 patent is currently the subject of a litigation styled OrbusNeich Medical v. Boston Scientific (Case No. 09-cv-10962 (E.D. Va.)). 

(10)     95/001,930 (electronically filed) – U.S. Patent No. 6,685,719 entitled SURGICAL TATTOOING APPARATUS AND METHOD and owned by James Matera.  Filed March 5, 2012. 

(11)     95/001,931 (electronically filed) – U.S. Patent No. 7,412,878 entitled WATERING INDICATOR and owned by Encap.  Filed March 9, 2012, by The Scotts Co.  The ‘878 patent is currently the subject of a litigation styled Encap v. The Scotts Co. (Case No. 1:11-cv-685 (E.D. Wis.)). 

(12)     95/001,932 (electronically filed) – U.S. Patent No. 6,745,513 entitled AGGLOMERATED MULCH CARRIER and owned by Encap.  Filed March 9, 2012, by The Scotts Co.  The ‘513 patent is currently the subject of a litigation styled Encap v. The Scotts Co. (Case No. 1:11-cv-685 (E.D. Wis.)).

 The following ex parte requests were filed:

(1)         90/012,179 (electronically filed) – U.S. Patent No. 5,490,216 entitled SYSTEM FOR SOFTWARE REGISTRATION and owned by IMF (Australia).  Filed March 6, 2012.  The ‘216 patent is currently the subject of 10 infringement actions, most of them in the Eastern District of Texas.

(2)         90/012,180 (electronically filed) – U.S. Patent No. 7,889,722 entitled SYSTEM FOR INTERCONNECTING STANDARD TELEPHONY COMMUNICATIONS EQUIPMENT TO INTERNET PROTOCOL NETWORKS and owned by Bear Creek Technologies.  Filed March 8, 2012.   The ‘722 patent is currently the subject of 16 infringement actions. 

(3)         90/012,181 (electronically filed) – U.S. Patent No. 6,558,264 entitled INFLATABLE WEDGE FOR DIVING ONTO A WATER SLIDE and owned by Aviva Sports, Inc. Filed March 8, 2012, by Manley Toys.   The ‘264 patent is currently the subject of a litigation styled Aviva Sports v. Fingerhut Marketing et al. (Case No. 09-cv-1091 (D. Min.)). 

(4)         90/012,183 (electronically filed) – U.S. Patent No. 6,209,259 entitled SEEDING TREATMENTS and owned by Encap.  Filed March 9, 2012, by The Scotts Co.   The ‘259 patent is currently the subject of a litigation styled Encap v. The Scotts Co. (Case No. 1:11-cv-685 (E.D. Wis.)).

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