Attack on CareFusion Medication-Delivery Patent Among the Reexamination Requests Filed Week of July 23, 2012

Scott Daniels | July 30, 2012

An as-yet unknown party has requested reexamination of CareFusion 303’s U.S. Patent No. 7,171,277 which claims system for controlling the delivery of medications to a patient (see inter partes Request No. (3)).  CareFusion is pursuing separate actions against Hospira and Braun Medical for infringement of the ‘277 patent.  CareFusion has also sued for infringement of a second related patent, U.S. Patent No. 7,835,927 which is the subject of an earlier reexamination, already on appeal to the Patent Office Board.

There were also requests filed against two Ronald Katz telephone-interface patents (see ex parte Request Nos. (2) & (5)).

The following inter partes requests were filed:

(1)         95/002,058 (electronically filed) – U.S. Patent No. 8,061,359 entitled SURGICAL ENDOSCOPIC CUTTING DEVICE AND METHOD FOR ITS USE.  Filed July 24, 2012, by Hologic, Inc.  The ‘359 patent is currently the subject of a litigation styled Smith & Nephew v. Hologic (Case No. 1:11-cv-12064 (D. Mass.)).

(2)         95/002,059 (electronically filed) – U.S. Patent No. 8,110,165 entitled PROCESS FOR MANUFACTURING HIGH DENSITY BORON CARBIDE and owned by Rafael-Armament Development.  Filed July 25, 2012.

(3)         95/002,060 (electronically filed) – U.S. Patent No. 7,171,277 entitled SYSTEM AND METHOD FOR CONTROLLING THE DELIVERY OF MEDICATION TO A PATIENT and owned by CareFusion 303.  Filed July 27, 2012.  The ‘277 patent is currently the subject of two infringement actions styled CareFusion 303 v. Hospira (Case No. 1:11-cv-762 (D. Del.)); Braun Medical v. CareFusion 303 (Case No. 1:11-cv-6007 (D. Minn.)).

The following ex parte requests were filed:

(1)         90/012,403 (electronically filed) – U.S. Patent No. 6,263,222 entitled SIGNAL PROCESSING APPARATUS and owned by Masimo Corp.  Filed July 23, 2012, by Philips Electronics.   The ‘222 patent is currently the subject of a litigation styled Masimo v. Philips Electronics (Case No. 9-cv-80 (D. Del.)).

(2)         90/012,404 (electronically filed) – U.S. Patent No. 6,349,134 entitled TELEPHONIC-INTERFACE STATISTICAL ANALYSIS SYSTEM and owned by General Electric Capital Corp.  Filed July 23, 2012.   The ‘134 patent is currently the subject of a litigation styled Katz Interactive Call Processing Patent Litigation (Case No. 07-cv-1816 (C.D. Cal.)).

(3)         90/012,405 (electronically filed) – U.S. Patent No. 6,416,808 entitled METHOD OF OBTAINING A HYDROXYTYROSOL-RICH COMPOSITION FROM VEGETATION WATER and owned by CreAgri.  Filed July 25, 2012, likely by Pinnaclife.   The ‘808 patent is currently the subject of a litigation styled CreAgri v. Pinnaclife (Case No. 5:11-cv-6635 (N.D. Cal.)).

(4)         90/012,406 (electronically filed) – U.S. Patent No. 5,987,863 entitled LAWN MOWER HAVING FLOW CONTROL BAFFLES AND REMOVABLE MULCHING BAFFLES and owned by Exmark Manufacturing.  Filed July 25, 2012, likely by Briggs & Stratton Power Prods.   The ‘808 patent is currently the subject of a litigation styled Exmark Manufacturing v. Briggs & Stratton Power Prods. (Case No. 8:10-cv-187 (D. Neb.)).

(5)         90/012,407 (electronically filed) – U.S. Patent No. 5,684,863 entitled TELEPHONIC-INTERFACE STATISTICAL ANALYSIS SYSTEM and owned by General Electric Capital Corp.  Filed July 26, 2012.   The ‘863 patent is currently the subject of a litigation styled Katz Interactive Call Processing Patent Litigation (Case No. 07-cv-1816 (C.D. Cal.)).

(6)         90/012,408 (electronically filed) – U.S. Patent No. 7,742,609 entitled LIVE PERFORMANCE AUDIO MIXING SYSTEM WITH SIMPLIFIED USER INTERFACE and owned by Gibson Guitar.  Filed July 27, 2012.

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