Apotex Challenge to Alcon Ophthalmic Treatment Patent Among the Post-Grant Filings Week of October 8, 2012

Scott Daniels | October 16, 2012

Apotex requested inter partes review of U.S. Patent No. 7,671,070, owned by Alcon Pharmaceuticals and claiming a composition for treating ophthalmic infections (see inter partes review No. (2)).  The ‘070 patent has been the subject of infringement actions filed by Alcon against Apotex, Watson and Lupin.

Research in Motion filed a request against MobileMedia’s U.S. Patent No. 6,441,828 that claims an image display apparatus (see inter partes review No. (3)).  The ‘828 patent was originally owned by Sony who assigned it to MobileMedia.  MobileMedia has received quite a number of patents from Sony and Nokia, and then sought to enforce them.

The following inter partes review requests were filed:

(1)         IPR2013-00014 (electronically filed) – U.S. Patent No. 6,998,973 entitled DATA TRANSMISSION METHOD FOR A TIRE PRESSURE MONITORING SYSTEM OF A VEHICLE and owned by Continental Automotive Systems US, Inc.  Filed October 8, 2012 by Schrader-Bridgeport International, Inc. and Schrader Electronics, Inc.  The ‘973 patent is currently the subject of a litigation styled Continental Automotive Systems US, Inc. v. Schrader Electronics, Inc. et al. (Case No. 2:11-cv-14525-SJM-MJH (E.D. Mich.)).

(2)         IPR2013-00015 (electronically filed) – U.S. Patent No. 7,671,070 entitled method of treating ophthalmic infections with moxifloxacin compositions and owned by Alcon Pharmaceuticals.  Filed October 12, 2012 by Apotex Inc..  The ‘070 patent is currently the subject of a litigation styled Alcon Pharms. Ltd. et at. v. Apotex Inc. et at., Civ. No. 12-960-SLR (D. Del.); Alcon Pharms. Ltd. et al. v. Watson Labs. Inc. et at., Civ. No. 11-293-SLR (D. Del.); Alcon Pharms. Ltd. et at. v. Lupin Ltd. et at., Civ. No. 11-587-SLR (D. Del.); and Alcon Pharms. Ltd. et al. v. Lupin Ltd. et al., Civ. No. 11-973-SLR (D. Del.).

(3)         IPR2013-00016 (electronically filed) – U.S. Patent No. 6,441,828 entitled IMAGE DISPLAY APPARATUS and owned by MobileMedia Ideas LLC.  Filed October 12, 2012 by Research in Motion Corp. The ‘828 patent is currently the subject of a litigation styled MobileMedia Ideas LLC v. Apple, Inc., 10-cv-00258 (D. Del.);MobileMedia Ideas LLC v. Research In Motion Ltd. et al., 11-cv-02353 (N.D. Tex); and Sandisk Corp. v. Mobile Media Ideas LLC, 11-cv-00597 (N.D. Cal.).

The following ex parte requests were filed:

(1)         90/012,700 (electronically filed) – U.S. Patent No. 8,282,977 entitled Compositions Containing Non-Polar Compounds and owned by Virun, Inc.  Filed October 9, 2012.

(2)         90/012,701 (electronically filed) – U.S. Patent No. 8,273,112 entitled Pedicle Screw Assembly and owned by Phygen, LLC.  Filed October 11, 2012.

(3)         90/012,702 & 90/012,703 (electronically filed) – U.S. Patent No. 5,781,497 entitled RANDOM ACCESS MEMORY WORD LINE SELECT CIRCUIT HAVING RAPID DYNAMIC DESELECT and owned by Advanced Data Access LLC.  Filed October 12, 2012. The ‘497 patent is currently the subject of a litigation styled Advanced Data Access LLC v. ProMOS Technologies, Inc. (Case No. 6:12-cv-00487-LED-JDL (E.D. Tex.)); Advanced Data Access LLC v. Nanya Technology Corporation et al. (Case No. 6:11-cv-00473-LED-JDL (E.D. Tex.)).

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