Inter Partes Review Requested for P&G Teeth Whitening Patents, Week of July 15, 2013

Scott Daniels and Cindy Chen | July 22, 2013

Last year Procter & Gamble sued three companies – Clio USA, Inc., Team Technologies, Inc., and Brushpoint Innovations, Inc. – for using its patented method and system for whitening teeth.  The three accused infringers have now requested inter partes review of P&G’s patents (see inter partes review Request No. (1) & (3)).

Healthcare Hero Network owns a series of patents related to “a networked system for remotely monitoring individuals and for communicating information to the individuals through the use of script programs.”  Eight of those patents are now in reexamination.  Cardiocom has now requested inter partes review of three other related Healthcare Hero patents (see inter partes review Request Nos. (2), (4) & (12)).  The companies are involved in an infringement action in the Eastern District of Texas.

The following inter partes review requests were filed:

(1)               IPR2013-00448 (electronically filed) – U.S. Patent No. 5,891,453 entitled DELIVERY SYSTEM FOR A TOOTH WHITENER USING A STRIP OF MATERIAL HAVING LOW FLEXURAL STIFFNESS and owned by Procter & Gamble.  Filed July 15, 2013, by Clio USA, Inc., Team Technologies, Inc., and Brushpoint Innovations, Inc. The ‘453 patent is currently the subject matter of a litigation styled The Procter & Gamble Company v. Team Technologies, Inc., et al. (Case No. 1:12-cv-00552-TSB (S.D. Ohio)).

(2)               IPR2013-00449 (electronically filed) – U.S. Patent No. 7,840,420 entitled MULTIPLE PATIENT MONITORING SYSTEM FOR PROACTIVE HEALTH MANAGEMENT and owned by Health Hero Network, Inc.  Filed July 15, 2013, by Cardiocom, LLC. The ‘420 patent is currently the subject matter of a litigation styled Robert Bosch Healthcare Systems v. Cardiocom, LLC and Abbot Diabetes Care (Case No. 2:13-cv-00349 (E.D. Tex.)).

(3)               IPR2013-00450 (electronically filed) – U.S. Patent No. 7,122,199 entitled METHOD FOR WHITENING TEETH and owned by Procter & Gamble.  Filed July 15, 2013, by Clio USA, Inc., Team Technologies, Inc., and Brushpoint Innovations, Inc. The ‘199 patent is currently the subject matter of a litigation styled The Procter & Gamble Company v. Team Technologies, Inc., et al. (Case No. 1:12-cv-00552-TSB (S.D. Ohio)).

(4)               IPR2013-00451 (electronically filed) – U.S. Patent No. 7,587,469 entitled AUDIO INSTRUCTIONS FOR APPLIANCES and owned by Health Hero Network, Inc.  Filed July 17, 2013, by Cardiocom, LLC. The ‘469 patent is currently the subject matter of a litigation styled Robert Bosch Healthcare Systems v. Cardiocom, LLC and Abbot Diabetes Care (Case No. 2:13-cv-00349 (E.D. Tex.)).

(5)               IPR2013-00452 (electronically filed) – U.S. Patent No. 6,554,204 entitled INTEGRATED GUN FLUSH CONTROLLER and owned by Graco Minnesota Inc.  Filed July 18, 2013, by Autoquip, Inc.

(6)               IPR2013-00453 (electronically filed) – U.S. Patent No. 5,810,029 entitled ANTI-ICING DEVICE FOR A GAS PRESSURE REGULATORS and owned by Bennett Regulator Guards, Inc.  Filed July 18, 2013, by Atlanta Gas Light Company. The ‘029 patent is currently the subject matter of a litigation styled Bennett Regulatory Guards, Inc. v. McJunkin Red Man Corp. and Atlanta Gas Light Company (Case No. 5:12-cv-1040 (N.D. Ohio)).

(7)               IPR2013-00455 (electronically filed) – U.S. Patent No. 6,260,168 entitled PAGING SYSTEM HAVING OPTIONAL FORWARD ERROR CORRECTING CODE TRANSMISSION AT THE DATA LINK LAYER and owned by Wi-LAN USA, Inc.  Filed July 19, 2013, by Blackberry. The ‘168 patent is currently the subject matter of a litigation styled Wi-LAN USA, Inc. v. Research in Motion Ltd., et al. (Case No. 1:12-cv-24349-DMM (S.D. Fla.)).

(8)               IPR2013-00456 (electronically filed) – U.S. Patent No. 7,516,287 entitled METHODS AND APPARATUS FOR OPTIMAL JOURNALING FOR CONTINUOUS DATA REPLICATION and owned by EMC Israel Development Center, Ltd.  Filed July 19, 2013, by Zerto, Inc. The ‘287 patent is currently the subject matter of a litigation styled EMC Corporation and EMC Israel Development Center, Ltd. v. Zerto, Inc. (Case No. 1:12-cv-00956 (D. Del.)).

(9)               IPR2013-00457 (electronically filed) – U.S. Patent No. 7,849,361 entitled METHODS AND APPARATUS FOR MULTIPLE POINT IN TIME DATA ACCESS and owned by EMC Israel Development Center, Ltd.  Filed July 19, 2013, by Zerto, Inc. The ‘361 patent is currently the subject matter of a litigation styled EMC Corporation and EMC Israel Development Center, Ltd. v. Zerto, Inc. (Case No. 1:12-cv-00956 (D. Del.)).

(10)           IPR2013-00458 (electronically filed) – U.S. Patent No. 7,577,867 entitled METHODS AND APPARATUS FOR MULTIPLE POINT IN TIME DATA ACCESS and owned by EMC Israel Development Center, Ltd.  Filed July 19, 2013, by Zerto, Inc. The ‘867 patent is currently the subject matter of a litigation styled EMC Corporation and EMC Israel Development Center, Ltd. v. Zerto, Inc. (Case No. 1:12-cv-00956 (D. Del.)).

(11)     IPR2013-00459 (electronically filed) – U.S. Patent No. 6,294,475 entitled CRYSTALLOGRAPHIC WET CHEMICAL ETCHING OF III-NITRIDE MATERIAL and owned by E. Fred Schubert.  Filed July 19, 2013 by OSRAM.  The ‘475 patent is the subject of two litigations styled E. Fred Schubert v. OSRAM GmbH, et al., Case No. 12-cv-923-GMS (D. Del.) and E. Fred Schubert v. Koninklijke Philips Electronics N.V., et al., Case No. 12-cv-924-GMS (D. Del).

(12)           IPR2013-00460 (electronically filed) – U.S. Patent No. 7,870,249 entitled NETWORKED SYSTEM FOR INTERACTIVE COMMUNICATION AND REMOTE MONITORING OF INDIVIDUALS and owned by Health Hero Network, Inc.  Filed July 19, 2013, by Cardiocom, LLC. The ‘249 patent is currently the subject matter of a litigation styled Robert Bosch Healthcare Systems v. Cardiocom, LLC and Abbot Diabetes Care (Case No. 2:13-cv-00349 (E.D. Tex.)).

The following ex parte requests were filed:

(1)         90/012,917 (electronically filed) – U.S. Patent No. 7,631,521 entitled GARMENT HAVING A WARP-KNITTED FABRIC and owned by Wacoal Corp. Filed on July 15, 2013.

(2)         90/012,918 (electronically filed) – U.S. Patent No. 6,193,397 entitled METHOD FOR ESTABLISHING A MASTER-SLAVE RELATIONSHIP IN A PEER-TO-PEER NETWORK and owned by Rockstar Consortium US, LP. Filed on July 15, 2013, by Patent Owner.

(3)         90/012,919 (electronically filed) – U.S. Patent No. 6,875,377 entitled GAMMA RADIATION SOURCE and owned by QSA Global, Inc. Filed on July 16, 2013.

(4)         90/012,920 (electronically filed) – U.S. Patent No. 7,137,405 entitled SOLAR-POWERED WIRELESS CROSSWALK WARNING SYSTEM and owned by Carmanah Technologies Corporation. Filed on July 19, 2013.

(5)         90/012,921 (electronically filed) – U.S. Patent No. 5,982,103 entitled COMPACT RADIO FREQUENCY TRANSMITTING AND RECEIVING ANTENNA AND CONTROL DEVICE EMPLOYING SAME and owned by Lutron Electronics, Co., Inc. Filed on July 18, 2013, by Creston Electronics, Inc. The ‘103 patent is currently the subject matter of a litigation styled Lutron Electronics Co., Inc. v. Creston Electronics, Inc. (Case No. 2:09-CV-707 (D. Utah)).

(6)         90/012,922 (electronically filed) – U.S. Patent No. 7,469,052 entitled PORTABLE SOUND SYSTEM, APPARATUS, AND METHOD and owned by Peavey Electronics Corp. Filed on July 18, 2013.

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