Atrium Medical Files Six IPR Requests against Two Bard Patents, Week of March 11, 2013

Scott Daniels and Cindy Chen | March 18, 2013

We have seen several parties request multiple inter partes reviews against a single patent, for the purpose of presenting a complete challenge to the patent despite the PTO’s page limit.  Atrium Medical took this approach to a new level last week when it filed two requests against a C.R. Bard patent and four requests against another Bard patent (see inter partes Request Nos. (2) & (3)).  Regarding the first patent, the two petitions for inter partes review address different sets of claims.  Each of the four petitions for inter partes review directed to the second patent addresses a different subset of the patent’s 126 claims.  Citing the related subject matter of the two patents, Atrium expressly requested that a single Administrative panel handle all the petitions directed to the two patents.

Atrium has been sued by Bard for infringement of the patents.  Bard has a third patent in the litigation, U.S. Patent No. 7,824,420, but no request has yet been filed against it.

Google and Apple requested IPR of a patent, owned by Jongerius Panoramic, and claiming a system “for indicating the camera position, direction, and field of view in a map or panoramic image” (see inter partes review Request No. 5)).  Jongerius has sued Google and Apple for infringement of the patent.

The following inter partes review requests were filed:

(1)         IPR2013-00183 (electronically filed) – U.S. Patent No. 7,582,051 entitled PERIPHERAL SEAL FOR A VENTRICULAR PARTITIONING DEVICE and owned by CardioKinetix, Inc. Filed March 12, 2013 by Heart Failure Technologies, LLC.

(2)         IPR2013-00184 & IPR2013-00185 (electronically filed) – U.S. Patent No. 7,806,905 entitled PERIPHERAL SEAL FOR A VENTRICULAR PARTITIONING DEVICE and owned by C.R. Bard, Inc. Filed March 13, 2013 by Atrium Medical Corporation. The ‘905 patent is currently the subject matter of a litigation styled Davol, Inc. v. Atrium Medical Corp. (Case No. 1:12-cv-00958 (D. Del.)).

(3)         IPR2013-00186 – IPR2013-00189 (electronically filed) – U.S. Patent No. 7,785,334 entitled IMPLANTABLE PROSTHESIS and owned by C.R. Bard, Inc. Filed March 14, 2013 by Atrium Medical Corporation. The ‘334 patent is currently the subject matter of a litigation styled Davol, Inc. v. Atrium Medical Corp. (Case No. 1:12-cv-00958 (D. Del.)).

(4)         IPR2013-00190 (electronically filed) – U.S. Patent No. 7,167,731 entitled EMOTICON INPUT METHOD and owned by Varia Holdings.  Filed March 15, 2013 by Samsung.  The ‘731 patent is the subject of two infringement actions styled Varia Holdings v. Samsung (Case No. 1-12-cv-1899 (S.D.N.Y)) and Varia Holdings v. RIM (Case No. )).

(5)         IPR2013-00191 (electronically filed) – U.S. Patent No. 6,563,529 entitled METHOD AND APPARATUS FOR FULL C-BAND AMPLIFIER WITH HIGH DYNAMIC GAIN RANGE and owned by Jongerius Panoramic.  Filed March 15, 2013 by Google and Apple.  The ‘629 patent is the subject of an infringement action styled Jongerius Panoramic v. Google et al. (Case No. 12-cv-3798 (N.D.C.A.)).

 

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