Stryker Attack on Six Hospital Bed Patents, among the Reexamination Requests Filed Week of July 16, 2012

Scott Daniels | July 24, 2012

Last week featured two major reexamination filings.  The first was a set of requests filed by Stryker against six hospital bed patents owned by Hill-Rom Services (see inter partes Request Nos. 14-15 and 17-19 and ex parte Request No. 4).  Hill-Rom had sued Stryker for infringement of those patents in the Western District of Wisconsin.

The second major was a set of requests filed by Nest Labs Inc. against seven patents claiming thermostats and owned by Honeywell (see inter partes Requests Nos. (1) to (7)).  The two companies are in an infringement action in Minnesota regarding those patents.

In both instances, we expect that the requester will now ask the trial judge for stay of the litigation pending completion of the reexamination.

The following inter partes requests were filed:

(1)         95/002,037 (electronically filed) – U.S. Patent No. 7,142,948 entitled CONTROLLER INTERFACE WITH DYNAMIC SCHEDULE DISPLAY and owned by Honeywell International.  Filed July 16, 2012, by Nest Labs Inc.  The ‘948 patent is currently the subject of a litigation styled Honeywell International v. Nest Labs Inc. et al. (Case No. 12-cv-299 (D. Minn.)).

(2)         95/002,038 (electronically filed) – U.S. Patent No. 7,476,988 entitled POWER STEALING CONTROL DEVICES and owned by Honeywell International.  Filed July 16, 2012, by Nest Labs Inc.  The ‘988 patent is currently the subject of a litigation styled Honeywell International v. Nest Labs Inc. et al. (Case No. 12-cv-299 (D. Minn.)).

(3)         95/002,039 (electronically filed) – U.S. Patent No. 7,159,789 entitled THERMOSTAT WITH MECHANICAL USER INTERFACE and owned by Honeywell International.  Filed July 16, 2012, by Nest Labs Inc.  The ‘789 patent is currently the subject of a litigation styled Honeywell International v. Nest Labs Inc. et al. (Case No. 12-cv-299 (D. Minn.)).

(4)         95/002,040 (electronically filed) – U.S. Patent No. 7,584,899 entitled HVAC CONTROLLER and owned by Honeywell International.  Filed July 16, 2012, by Nest Labs Inc.  The ‘899 patent is currently the subject of a litigation styled Honeywell International v. Nest Labs Inc. et al. (Case No. 12-cv-299 (D. Minn.)).

(5)         95/002,041 (electronically filed) – U.S. Patent No. 7,634,504 entitled NATURAL LANGUAGE INSTALLER SETUP FOR CONTROLLER and owned by Honeywell International.  Filed July 16, 2012, by Nest Labs Inc.  The ‘504 patent is currently the subject of a litigation styled Honeywell International v. Nest Labs Inc. et al. (Case No. 12-cv-299 (D. Minn.)).

(6)         95/002,042 (electronically filed) – U.S. Patent No. 6,975,958 entitled PROFILE BASED METHOD FOR DERIVING A TEMPERATURE SETPOINT USING A ‘DELTA’ BASED ON CROSS-INDEXING A RECEIVED PRICE-POINT LEVEL SIGNAL and owned by Honeywell International.  Filed July 16, 2012, by Nest Labs Inc.  The ‘958 patent is currently the subject of a litigation styled Honeywell International v. Nest Labs Inc. et al. (Case No. 12-cv-299 (D. Minn.)).

(7)         95/002,043 (electronically filed) – U.S. Patent No. 7,159,790 entitled THERMOSTAT WITH OFFSET DRIVE and owned by Honeywell International.  Filed July 16, 2012, by Nest Labs Inc.  The ‘790 patent is currently the subject of a litigation styled Honeywell International v. Nest Labs Inc. et al. (Case No. 12-cv-299 (D. Minn.)).

(8)         95/002,044 (electronically filed) – U.S. Patent No. 8,086,710 entitled IDENTITY MIGRATION APPARATUS AND METHOD and owned by Quest Software.  Filed July 17, 2012, by Centrify.

(9)         95/002,045 (electronically filed) – U.S. Patent No. 7,738,247 entitled REMOVABLE AND REPLACEABLE DOCKING UNIT.  Filed July 18, 2012, by Bose Corp.  The ‘247 patent is currently the subject of a litigation styled SDI Technologies v. Bose Corp. (Case No. 1:11-cv-1127 (D. Del.)).

(10)     95/002,046 (electronically filed) – U.S. Patent No. 7,629,621 entitled LIGHT-RADIATING SEMICONDUCTOR COMPONENT WITH LUMINESCENCE CONVERSION ELEMENT and owned by Osram GmbH.  Filed July 19, 2012, by LG Innotek.  The ‘621 patent is currently the subject of a litigation styled Osram GmbH v. LG Electronics (Case No. 3:11-cv-2699) and Certain Light-Emitting Diodes, Inv. No. 337-TA-785.

(11)     95/002,047 (electronically filed) – U.S. Patent No. 7,639,849 entitled METHODS, APPARATUS, AND DEVICES FOR NOISE REDUCTION and owned by Barco.  Filed July 18, 2012, by Eizo Nanao.  The ‘849 patent is currently the subject of a litigation styled Barco v. Eizo Nanao (Case No. 1:11-cv-2964 (N.D. Ga.)).

(12)     95/002,048 (electronically filed) – U.S. Patent No. 8,129,422 entitled METHODS AND COMPOSITIONS FOR INCREASING THE ANAEROBIC WORKING CAPACITY IN TISSUES and owned by Natural Alternatives International.  Filed July 19, 2012, by Woodbolt Distribution.  The ‘422 patent is currently the subject of a litigation styled Natural Alternatives International v. Woodbolt Distribution (Case No. 4:12-cv-1388 (S.D. Tex.)).

(13)     95/002,049 (electronically filed) – U.S. Patent No. 7,128,660 entitled METHOD OF GOLF CLUB PERFORMANCE ENHANCEMENT AND ARTICLES RESULTANT THEREFROM and owned by Triple Tee Golf.  Filed July 20, 2012, by Taylor Made Golf Co.  The ‘660 patent is currently the subject of a litigation styled Triple Tee Golf v. Taylor Made/Adidas (Case No. 11-cv-2974).

(14)     95/002,050 (electronically filed) – U.S. Patent No. 7,237,287 entitled PATIENT CARE BED WITH NETWORK and owned by Hill-Rom Services.  Filed July 20, 2012, by Stryker.  The ‘287 patent is currently the subject of a litigation styled Hill-Rom Services v. Stryker (Case No. 3:11-cv-251 (W.D. Wis.)).

(15)     95/002,051 (electronically filed) – U.S. Patent No. 7,568,246 entitled BED WITH NETWORKED ALARM and owned by Hill-Rom Services.  Filed July 20, 2012, by Stryker.  The ‘246 patent is currently the subject of a litigation styled Hill-Rom Services v. Stryker (Case No. 3:11-cv-251 (W.D. Wis.)).

(16)     95/002,052 (electronically filed) – U.S. Patent No. 7,854,667 entitled METHOD OF GOLF CLUB PERFORMANCE ENHANCEMENT AND ARTICLES RESULTANT THEREFROM and owned by Triple Tee Golf.  Filed July 20, 2012, by Taylor Made Golf Co.  The ‘667 patent is currently the subject of a litigation styled Triple Tee Golf v. Taylor Made/Adidas (Case No. 11-cv-2974).

(17)     95/002,053 (electronically filed) – U.S. Patent No. 7,506,390 entitled PATIENT SUPPORT APPARATUS HAVING CONTROLLER AREA NETWORK and owned by Hill-Rom Services.  Filed July 20, 2012 by Stryker.  The ‘390 patent is currently the subject of a litigation styled Hill-Rom Services v. Stryker (Case No. 3:11-cv-251 (W.D. Wis.)).

(18)     95/002,054 (electronically filed) – U.S. Patent No. 7,520,006 entitled HOSPITAL BED INCLUDING MOVEABLE FOOT PORTION and owned by Hill-Rom Services.  Filed July 20, 2012, by Stryker.  The ‘006 patent is currently the subject of a litigation styled Hill-Rom Services v. Stryker (Case No. 3:11-cv-251 (W.D. Wis.)).

(19)     95/002,055 (electronically filed) – U.S. Patent No. 7,669,263 entitled MATTRESS ASSEMBLY INCLUDING ADJUSTABLE LENGTH FOOT and owned by Hill-Rom Services.   Filed July 20, 2012, by Stryker.  The ‘263 patent is currently the subject of a litigation styled Hill-Rom Services v. Stryker (Case No. 3:11-cv-251 (W.D. Wis.)).

(20)     95/002,056 (electronically filed) – U.S. Patent No. 8,068,638 entitled APPARATUS AND METHOD FOR EMBEDDING SEARCHABLE INFORMATION INTO A FILE FOR TRANSMISSION, STORAGE AND RETRIEVAL and owned by Myport IP.

(21)     95/002,057 (electronically filed) – U.S. Patent No. 7,762,318 entitled CONDENSING HEAT-EXCHANGE COPPER TUBE FOR AN FLOODED TYPE ELECTRICAL REFRIGERATION UNIT and owned by Golden Dragon Precise Copper Tube Group.  Filed July 20, 2012, by Wolverine/Wieland Heat Transfer.

 The following ex parte requests were filed:

(1)         90/012,396 (electronically filed) – U.S. Patent No. 5,867,422 entitled COMPUTER MEMORY CHIP WITH FIELD PROGRAMMABLE MEMORY CELL ARRAYS (FPMCAS), AND METHOD OF CONFIGURING and owned by Lizy John.  Filed July 17, 2012.  The ‘422 patent is currently the subject of a litigation styled John v. Lattice Semiconductor Corp. (Case No. 2:07-cv-241 (E.D. Tex.)).

(2)         90/012,397 (electronically filed) – U.S. Patent No. 5,809,246 entitled SELECTION AND RETRIEVAL OF MUSIC FROM A DIGITAL DATABASE and owned by Digimedia Holdings Group.  Filed July 17, 2012.   The ‘246 patent is currently the subject of a litigation styled Mission Abstract Data v. Beaseley Broadcast Group (Case No. 1:11-cv-176 (D. Del.)).

(3)         90/012,398 (electronically filed) – U.S. Patent No. 5,538,207 entitled BOOM-MOUNTABLE ROBOTIC ARM and owned by Quanta Services of Canada.  Filed July 19, 2012, likely by Liveline Solutions.   The ‘207 patent is currently the subject of a litigation styled Quanta Services et al. v. Liveline Solutions et al. (Case No. 4:11-cv-2398 (S.D. Tex.)).

(4)         90/012,399 (electronically filed) – U.S. Patent No. 5,771,511 entitled COMMUNICATION NETWORK FOR A HOSPITAL BED and owned by Hill-Rom Services.  Filed July 20, 2012, by Stryker.   The ‘511 patent is currently the subject of a litigation styled Hill-Rom Services v. Stryker (Case No. 3:11-cv-251 (W.D. Wis.)).

(5)         90/012,400 (electronically filed) – U.S. Patent No. 5,974,120 entitled TELEPHONE INTERFACE CALL PROCESSING SYSTEM WITH CALL SELECTIVITY and owned by General Electric Capital.  Filed July 20, 2012, by.   The ‘120 patent is currently the subject of a litigation styled Katz Interactive Call Processing Patent Litigation (Case No. 07-ml-1816 (C.D. Cal.)).

(6)         90/012,401 (electronically filed) – U.S. Patent No. 6,218,930 entitled APPARATUS AND METHOD FOR REMOTELY POWERING ACCESS EQUIPMENT OVER A 10/100 SWITCHED ETHERNET NETWORK and owned by Network-1 Sec. Sol.  Filed July 20, 2012, likely by Alcatel.   The ‘930 patent is currently the subject of a litigation styled Network-1 Sec. Sol. v. Alcatel-Lucent USA (Case No. 6:11-cv-492 (E.D. Tex.)).

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