Challenges to Six Mad Dogg Exercise Bicycle Patents, among the Reexamination Requests Filed Week of March 12, 2012

Scott Daniels | March 19, 2012

Mad Dogg Athletics has vigorously enforced its exercise bicycle patents against a host of exercise equipment makers, including Nautilus.  Last Wednesday competitor BH North America struck back, requesting reexamination of six Mad Dogg patents (see ex parte Request Nos. (7) to (12)). 

Boston Scientific filed another request against an Orbusneich intraluminal endoprosthesis patent, continuing the run of reexamination requests regarding medical devices (see inter partes Request No. (8)).  

And a reexamination was requested, for the first time in my memory, of a plant patent – U.S. Plant Patent No. 17,637 entitled “Plum Tree Named ‘Constanza’” (see inter partes Request No. (10)). 

The following inter partes requests were filed:

(1)         95/001,933 (electronically filed) – U.S. Patent No. 7,226,459 entitled RECIPROCATING ROTARY ARTHROSCOPIC SURGICAL INSTRUMENT and owned by Smith & Nephew, Inc.  Filed March 12, 2012, by Hologic, Inc.  The ‘459 patent is currently the subject of a litigation styled Smith & Nephew, Inc. v. Interface Medical, Inc v. Hologic, Inc., 1:11-cv-12064-RWZ (D. Mass.).

(2)         95/001,934 (electronically filed) – U.S. Patent No. 6,742,161 entitled DISTRIBUTED COMPUTING DOCUMENT RECOGNITION AND PROCESSING and owned by Nuance Communications. Filed March 12, 2012, by Abbyy USA Software House, Inc.  The ‘161 patent is currently the subject of a litigation styled Nuance Communications, Inc. v ABBYY USA Software House, Inc., et al, Case Nos. 08-0212-JSW, 08-04227-HJSW, 08-04942 (N.D. Cal.).

(3)         95/001,935 (electronically filed) – U.S. Patent No. 7,338,684 entitled VAPOR GROWN CARBON FIBER REINFORCED COMPOSITE MATERIALS AND METHODS OF MAKING AND USING and owned by Performance Polymer Solutions, Inc. Filed March 13, 2012, by University of Dayton Research Institute

(4)         95/001,936 (electronically filed) – U.S. Patent No. 7,927,701 entitled VAPOR GROWN CARBON FIBER REINFORCED COMPOSITE MATERIALS AND METHODS OF MAKING AND USING and owned by Performance Polymer Solutions, Inc. Filed March 13, 2012, by University of Dayton Research Institute

(5)         95/001,937 (electronically filed) – U.S. Patent No. 6,310,090 entitled PROCESS AND PRODUCT FOR ENHANCING IMMUNE RESPONSE IN COMPANION ANIMALS USING A COMBINATION OF ANTIOXIDANTS and owned by The Iams Co.  Filed March 13, 2012, by Nestle Purina PetCare

(6)         95/001,938 (electronically filed) – U.S. Patent No. 7,066,433 entitled ARM APPARATUS FOR MOUNTING ELECTRONIC DEVICES WITH CABLE MANAGEMENT SYSTEM and owned by Innovative Office Prods.  Filed March 15, 2012, by SpaceCo Business Solutions.  The ‘433 patent is currently the subject of two litigation styled Innovative Office Prods v. SpaceCo Business Solutions (Case No. 05-cv-4037 (E.D. Pa.)); and Office Prods. v. Smed (Case No. 07-cv-192 (C.D. Cal.)).

(7)         95/001,939 (electronically filed) – U.S. Patent No. 6,349,291 entitled METHOD AND SYSTEM FOR ANALYSIS, DISPLAY AND DISSEMINATION OF FINANCIAL INFORMATION USING RESAMPLED STATISTICAL METHODS and owned by InvestPic.  Filed March 15, 2011, by Algorithmics, IBM and SAS Inst.  The ‘291 patent is currently the subject of a litigation styled InvestPic v. Algorithmics et al. (Case No. 1:10-cv-1028 (D. Del.)).

(8)         95/001,940 (electronically filed) – U.S. Patent No. 6,821,292 entitled CRIMPABLE INTRALUMINAL ENDOPROSTHESIS HAVING HELICAL ELEMENTS and owned by Orbusneich.  Filed March 16, 2011, by Boston Scientific.  The ‘292 patent is currently the subject of a litigation styled Orbusneich v. Boston Scientific (Case No. 1:09-cv-10962 (D. Mass.)).

(9)         95/001,941 (electronically filed) – U.S. Patent No. 7,331,313 entitled CONTINUOUS STEAM GENERATOR WITH CIRCULATING ATMOSPHERIC FLUIDISED-BED COMBUSTION and owned by Alstom Technology.  Filed March 16, 2012, by Foster Wheeler North America

(10)     95/001,942 (electronically filed) – U.S. Plant Patent No. 17,637 entitled PLUM TREE NAMED ‘CONSTANZA’ and owned by Jose Domingo Godoy Huidobro.  Filed March 16, 2012. 

(11)     95/000,660 (paper filed) – U.S. Patent No. 7,711,857 entitled METHOD AND SYSTEM FOR DATA MULTIPLEXING and owned by Implicit.  Filed March 2, 2012, by Juniper Networks.  The ‘857 patent is currently the subject of four infringement actions.

 The following ex parte requests were filed:

(1)         90/012,184 (electronically filed) – U.S. Patent No. 6,030,047 entitled CHILD VEHICLE SEAT WITH CHILD-RESTRAINT HARNESS ADJUSTMENT MECHANISM and owned by Cosco, Inc.  Filed March 12, 2012.

(2)         90/012,185 (electronically filed) – U.S. Patent No. 8,008,804 entitled METHODS, SYSTEMS AND APPARATUS FOR REGULATING FREQUENCY OF GENERATED POWER USING FLYWHEEL ENERGY STORAGE SYSTEMS WITH VARYING LOAD AND/OR POWER GENERATION and owned by Beacon Power Corp. Filed March 12, 2012, by Temporal Power Ltd

(3)         90/012,187 (electronically filed) – U.S. Patent No. 8,013,096 entitled PERFLUOROETHER MOIETY-CONTAINING POLYMER AND A SURFACE TREATING AGENT COMPRISING THE SAME and owned by Shin-Etsu Chemical.  Filed March 12, 2012.  

(4)         90/012,188 (electronically filed) – U.S. Patent No. 5,684,514 entitled APPARATUS AND METHOD FOR ASSEMBLING CONTENT ADDRESSABLE VIDEO and owned by Patent Harbor.  Filed March 12, 2012, by Anchor Bay Entertainment.  The ‘514 patent is currently the subject of ten infringement actions.

(5)         90/012,189 (electronically filed) – U.S. Patent No. 7,363,090 entitled BAND STOP FILTER EMPLOYING A CAPACITOR AND AN INDUCTOR TANK CIRCUIT TO ENHANCE MRI COMPATIBILITY OF ACTIVE IMPLANTABLE MEDICAL DEVICES and owned by Greatbatch, Ltd.  Filed March 13, 2012, by Owner

(6)         90/012,190 (electronically filed) – U.S. Patent No. 7,213,744 entitled REGULATED WIRE TRANSFER COMPLIANCE SYSTEMS AND METHODS and owned by The Western Union Company.  Filed March 13, 2012.  

(7)         90/012,191 (electronically filed) – U.S. Patent No. 5,423,728 entitled STATIONARY EXERCISE BICYCLE and owned by Mad Dogg Athletics.  Filed March 14, 2012, by BH North America.   The ‘728 patent is currently the subject of several litigations.

(8)         90/012,192 (electronically filed) – U.S. Patent No. 6,155,958 entitled STATIONARY EXERCISE BICYCLE HAVING A RIGID FRAME and owned by Mad Dogg Athletics.  Filed March 14, 2012, by BH North America.  The ‘958 patent is currently the subject of several litigations.

(9)         90/012,193 (electronically filed) – U.S. Patent No. 6,468,185 entitled STATIONARY EXERCISE BICYCLE and owned by Mad Dogg Athletics.  Filed March 14, 2012, by BH North America.   The ‘185 patent is currently the subject of several litigations.

(10)     90/012,194 (electronically filed) – U.S. Patent No. 6,881,178 entitled METHOD OF EXERCISING ON A STATIONARY EXERCISE BICYCLE and owned by Mad Dogg Athletics.  Filed March 14, 2012, by BH North America.   The ‘178 patent is currently the subject of several litigations.

(11)     90/012,195 (electronically filed) – U.S. Patent No. 7,455,627 entitled STATIONARY EXERCISE BICYCLE and owned by Mad Dogg Athletics.  Filed March 14, 2012, by BH North America.   The ‘627 patent is currently the subject of several litigations.

(12)     90/012,196 (electronically filed) – U.S. Patent No. 8,057,364 entitled STATIONARY EXERCISE BICYCLE and owned by Mad Dogg Athletics.  Filed March 14, 2012, by BH North America.   The ‘364 patent is currently the subject of several litigations.

(13)     90/012,198 (electronically filed) – U.S. Patent No. 7,149,625 entitled METHOD AND SYSTEM FOR DISTRIBUTED NAVIGATION AND AUTOMATED GUIDANCE and owned by WRE-HOL.  Filed March 15, 2012.  

(14)     90/012,199 (electronically filed) – U.S. Patent No. 6,296,022 entitled WOVEN FABRIC WITH MACHINE-READABLE CODE and owned by J&J Cash.  Filed March 16, 2012.  

(15)     90/012,200 (electronically filed) – U.S. Patent No. 6,223,190 entitled METHOD AND SYSTEM FOR PRODUCING AN INTERNET PAGE DESCRIPTION FILE ON A DIGITAL IMAGING DEVICE and owned by FlashPoint Technology.  Filed March 16, 2012.  

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