Inter Partes Review Sought for ZOLL’s Patient Monitoring Patent

Scott Daniels and Cindy Chen | June 3, 2013

Late last year ZOLL Medical sued Respironics, the apnea treatment device-maker, for infringement of U.S. Patent No. 6,681,003 that claims a patient data monitoring system.  Respironics has now replied by requesting inter partes review of the ‘003 patent (see inter partes review Request No. (5).

Oracle has filed a second inter partes review request against Clouding IP’s U.S. Patent No. 6,631,449 (see inter partes review Request No. (4). The two companies are locked in a sprawling patent dispute.

The following inter partes review requests were filed:

(1)         IPR2013-00312 (electronically filed) – U.S. Patent No. 5,818,836 entitled METHOD AND APPARATUS FOR ANONYMOUS VOICE COMMUNICATION USING AN ONLINE DATA SERVICE and owned by Click-to-Call Technologies LP. Filed May 28, 2013 by Oracle. Click-to-Call Technologies asserted the ‘836 patent against a number of defendants, including Oracle, Carnival Cruise Lines, and BMO Harris Bank N.A., in a patent infringement litigation styled Click to Call Technologies LP v. Oracle Corporation, et al. (Case No. 1:12-cv-00468-SS (W.D. Tex.)). The ‘836 patent is also the subject matter of litigations styled Click to Call Technologies LP v. eHarmony, Inc. (Case No. 1:12-cv-00469-SS (W.D. Tex.)); Click to Call Technologies LP v. AT&T, Inc., et al. (Case No. 1:12-cv-00465-SS (W. D. Tex.)).

(2)         IPR2013-00319 (electronically filed) – U.S. Patent No. 5,978,791 entitled DATA PROCESSING SYSTEM USING SUBSTANTIALLY UNIQUE IDENTIFIERS TO IDENTIFY DATA, WHEREBY IDENTICAL DATA ITEMS HAVE THE SAME IDENTIFIERS and owned by PersonalWeb Technologies, LLC and Level 3 Communications, LLC. Filed May 30, 2013 by NetApp, Inc. A petition for inter partes review of the ‘791 patent was previously filed by EMC Corporation and VM Ware, Inc. (see IPR2013-00082). The instant petition by NetApp is accompanied by a request for permission to file a motion for joinder. PersonalWeb Technologies has asserted the ‘791 patent in several infringement litigations in the Eastern District of Texas, against a number of defendants, including NetApp, Facebook, Amazon, Microsoft, IBM, and EMC Corporation.

(3)         IPR2013-00320 (electronically filed) – U.S. Patent No. 6,612,985 entitled METHOD AND SYSTEM FOR MONIOTRING AND TREATING A PATIENT and owned by University of Rochester. Filed May 31, 2013 by Cardiocom.  The ‘985 patent is the subject of an infringement action styled My Health, Inc. and University of Rochester v. Cardiocom, LLC, (Case No.: 2:13-cv-136 (E.D. Tex.)).

(4)         IPR2013-00321 (electronically filed) – U.S. Patent No. 6,631,449 entitled DYNAMIC DISTRIBUTED DATA SYSTEM AND METHOD and owned by Clouding IP.  Filed May 31, 2013 by Oracle.  The ‘449 patent is the subject of an infringement action styled Clouding IP, LLC v. Oracle Corp., (Case No. 1:12-cv-00642 (D. Del.)).

(5)         IPR2013-00322 (electronically filed) – U.S. Patent No. 6,681,003 entitled DATA COLLECTION AND SYSTEM MANAGEMENT FOR PATIENT-WORN MEDICAL DEVICES and owned by ZOLL Medical.  Filed May 31, 2013 by Respironics.  The ‘003 patent is the subject of an infringement action styled ZOLL Medical v. Respironics (Case No. 12-cv-1778 (D. Del.)).

The following ex parte requests were filed:

(1)         90/012,878 (electronically filed) – U.S. Patent No. 7,868,912 entitled VIDEO SURVEILLANCE SYSTEM EMPLOYING VIDEO PRIMITIVES and owned by ObjectVideo, Inc. Filed May 24, 2013.

(2)         90/012,879 (electronically filed) – U.S. Patent No. 7,339,914 entitled AUTOMATED SNIFFER APPARATUS AND METHOD FOR MONITORING COMPUTER SYSTEMS FOR UNAUTHORIZED ACCESS and owned by Airtight Networks, Inc. Filed May 24, 2013.

(3)         90/012,880 (electronically filed) – U.S. Patent No. 7,629,705 entitled METHOD AND APPARATUS FOR OPERATING ELECTRICAL MACHINES and owned by General Electric.  Filed May 24, 2013.

(4)         90/012,881 (electronically filed) – U.S. Patent No. 7,846,442 entitled METHODS OF TREATING RHUEMATOID ARTHRITIS WITH AN ANTI-TNF-ALPHA ANTIBODIES AND METHOTREXATE and owned by The Mathilda & Terence Kennedy Institute of Rheumatology Trust. Filed May 30, 2013. The ‘442 patent is currently the subject matter of a litigation styled Abbott Laboratories v. The Mathilda & Terence Kennedy Institute of Rheumatology Trust (Case No. 1:11-cv-02541 (S.D.N.Y.)).

(5)         90/012,882 (electronically filed) – U.S. Patent No. 5,831,669 entitled FACILITY MONITORING SYSTEM WITH IMAGE MEMORY AND CORRELATION and owned by John B. Adrian. Filed May 30, 2013.

(6)         90/012,883 (electronically filed) – U.S. Patent No. 7,494,048 entitled SYSTEM AND METHOD FOR BRAND NAME GIFT CARD EXCHANGE and owned by Cardpool, Inc. Filed May 30, 2013.

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