Reexamination Requests Filed the Week of July 12th

| July 21, 2010

Notable is a request filed by Medtronic against a patent belonging to Edwards Lifesciences AG for a valve prosthesis.  Also interesting is a request filed by Nalco regarding a Baker Hughes patent – the patent is the subject of an infringement action between the companies that has already featured a preliminary injunction and two trips to the CAFC.

Reexamination requests are typically reported in the Official Gazette approximately three months after filing. Such a delay in reporting requests, particularly for requests that involve copending District Court litigation, is too long. We therefore report new ex parte and inter partes reexamination requests filed electronically the previous week as they appear on the Patent Office PAIR system.  Information on concurrent litigation is also provided, where available.

Some reexamination requests are still filed by paper.  Because of the time required for the Patent Office to review such paper requests before posting on PAIR, our report may come three weeks after filing.  The information available from the Patent Office may be incomplete in a few cases because not all the reexamination request papers have yet been posted on PAIR.  There may also be gaps in the Patent Office docket numbers listed because, for any of various reasons, a reexamination request has been assigned a docket number but is not ready for posting.

The following inter partes requests were made:

(1)   95/001,393 (electronically filed) – U.S. Patent No. 7,717,471 owned by Westendorf Manufacturing Co., Inc. and entitled HYDRAULIC LINE ATTACHMENT DEVICE AND METHOD.  Filed July 13, 2010.

(2)   95/001,394 (electronically filed) – U.S. Patent No. 6,934,019 owned by Camtek Ltd. and entitled CONFOCAL WAFER-INSPECTION SYSTEM.  Filed July 13, 2010.

(3)   95/001,395 (electronically filed) – U.S. Patent No. 7,043,486 owned by Wellogix Technology Licensing, LLC and entitled PROCESS AND SYSTEM FOR TRACKING VERSIONS OF FIELD DOCUMENTATION DATA COLLECTION CONFIGURATIONS IN A COMPLEXP ROJECT WORKFLOW SYSTEM.  Filed July 16, 2010 by SAP America, Inc.  The ‘486 patent (along with the ‘223 and ‘133 patents – see below) is currently the subject of a litigation styled SAP America, Inc. v. Wellogix, Inc. (S.D. Tex., Case No. 4:10-cv-01224, filed Apr. 15, 2010).

(4)   95/001,396 (electronically filed) – U.S. Patent No. 7,096,223 owned by Wellogix Technology Licensing, LLC and entitled PROCESS AND SYSTEM FOR MANAGING AND RECONCILING FIELD DOCUMENTATION DATA WITHIN A COMPLEX PROJECT WORKFLOW SYSTEM.  Filed July 16, 2010 by SAP America, Inc.  The ‘223 patent (along with the ‘486 and ‘133 patents – see above and below) is currently the subject of a litigation styled SAP America, Inc. v. Wellogix, Inc. (S.D. Tex., Case No. 4:10-cv-01224, filed Apr. 15, 2010).

(5)   95/001,397 (electronically filed) – U.S. Patent No. 7,669,133 owned by Wellogix Technology Licensing, LLC and entitled SYSTEM AND METHOD FOR DEVELOPING RULES UTILIZED IN A KNOWLEDGE MANAGEMENT SYSTEM.  Filed July 16, 2010 by SAP America, Inc.  The ‘133 patent (along with the ‘486 and ‘223 patents – see above) is currently the subject of a litigation styled SAP America, Inc. v. Wellogix, Inc. (S.D. Tex., Case No. 4:10-cv-01224, filed Apr. 15, 2010).

(6)   95/001,398 (electronically filed) – U.S. Patent No. 6,684,789 owned by CCP Systems AG and entitled METHOD AND SYSTEM FOR THE TRANSOFRMATION OF DIGITAL PRINT DATA STREAMS AND CORRESPONDING PRINTER AND PRINTER SERVER.  Filed July 16, 2010 by Samsung Electronics Corp., Ltd.  The ‘789 patent is currently the subject of a litigation styled CCP Systems AG v. Samsung Electronics Corp., Ltd. (D.N.J., Case No. 2:09-cv-04354-DMC-JAD, filed Aug. 25, 2009).

(7)   95/001,399 (electronically filed) – U.S. Patent No. 7,497,943 owned by Baker Hughes Incorporated and entitled ADDITIVES TO ENHANCE METAL AND AMINE REMOVAL IN REFINERY DESALTING PROCESSES.  Filed July 16, 2010 by Nalco Company.  The ‘943 patent is currently the subject of a litigation styled Baker Hughes Incorporated v. Nalco Company (S.D. Tex., Case No. 4:09-cv-01885, filed June 17, 2009).

(8)   95/000,554 (paper filed) – U.S. Patent No. 6,772,142 owned by the Cornell Research Foundation, Inc. and entitled METHOD AND APPARATUS FOR COLLECTING AND EXPRESSING GEOGRAPHICALLY-REFERENCED DATA.  Filed June 23, 2010 by Google Inc. and Yahoo! Inc.  The ‘142 patent is currently the subject of a litigation styled WebMap Technologies LLC v. City Accommodations Network, Inc. (E.D. Tex., Case No. 2:09-cv-00343-DF-CE, filed Nov. 3, 2009).

(9)   95/000,556 (paper filed) – Information not currently available.

(10)   95/000,557 (paper filed) U.S. Patent No. 6,947,903 owned by elcommerce.com.inc and entitled METHOD AND SYSTEM FOR MONITORING A SUPPLY-CHAIN.  Filed July 16, 2010.

And the following ex parte requests were made:

(1)   90/011,092 (electronically filed) – U.S. Patent No. 6,901,712 owned by Henry Company Canada, Inc. and entitled SELF-ADHERING VAPOR PERMEABLE AIR AND MOISTURE BARRIER MEMBRANE.  Filed July 12, 2010.

(2)   90/011,093 (electronically filed) – U.S. Patent No. 7,050,043 owned by PixArt Imaging Inc. and entitled OPTICAL APPARATUS.  Filed July 14, 2010 by Avago Technologies, Inc.

(3)   90/011,094 (electronically filed) – U.S. Patent No. 6,144,292 owned by Amperion, Inc. and entitled POWERLINE COMMUNICATIONS NETWORK EMPLOYING TDMA, FDMA AND/OR CDMA.  Filed July 15, 2010 by CURRENT Group, LLC.  The ‘292 patent (along with the ‘597 and ‘405 patents – see below) is currently the subject of two litigations, styled: Amperion, Inc. v. CURRENT Group, LLC (S.D.N.Y., Case No. 1:10-cv-05362-NRB, filed July 14, 2010) and CURRENT Group, LLC v. Amperion, Inc. (D. Mass., Case No. 1:10-cv-10744-MLW, filed Apr. 30, 2010).

(4)   90/011,095 (electronically filed) – U.S. Patent No. 6,172,597 owned by Amperion, Inc. and entitled ELECTRICITY DISTRIBUTION AND/OR POWER TRANSMISSION NETWORK AND FILTER FOR TELECOMMUNICATION OVER POWER LINES.  Filed July 15, 2010 by CURRENT Group, LLC.  The ‘597 patent (along with the ‘292 and ‘405 patents – see above and below) is currently the subject of two litigations, styled: Amperion, Inc. v. CURRENT Group, LLC (S.D.N.Y., Case No. 1:10-cv-05362-NRB, filed July 14, 2010) and CURRENT Group, LLC v. Amperion, Inc. (D. Mass., Case No. 1:10-cv-10744-MLW, filed Apr. 30, 2010).

(5)   90/011,096 (electronically filed) – U.S. Patent No. 6,282,405 owned by Amperion, Inc. and entitled HYBRID ELECTRICITY AND TELECOMMUNICATIONS DISTRIBUTION NETWORK.  Filed July 15, 2010 by CURRENT Group, LLC.  The ‘405 patent (along with the ‘292 and ‘597 patents – see above) is currently the subject of two litigations, styled: Amperion, Inc. v. CURRENT Group, LLC (S.D.N.Y., Case No. 1:10-cv-05362-NRB, filed July 14, 2010) and CURRENT Group, LLC v. Amperion, Inc. (D. Mass., Case No. 1:10-cv-10744-MLW, filed Apr. 30, 2010).

(6)   90/011,097 (electronically filed) – U.S. Patent No. 6,216,567 having Bobby Hu as its named inventor and entitled RATCHETING TOOLS HAVING AN ANGLE-ADJUSTABLE HEAD.  Filed July 16, 2010.

(7)   90/011,098 (electronically filed) – U.S. Patent No. 6,193,520 owned by ADC Technology Inc. and entitled INTERACTIVE COMMUNICATION SYSTEM FOR COMMUNICATING VIDEO GAME AND KARAOKE SOFTWARE.  Filed July 16, 2010.

(8)   90/009,770 (paper filed) – U.S. Patent No. 6,831,661 owned by Seiko Epson Corporation and entitled PROJECTION DISPLAY APPARATUS, DISPLAY METHOD FOR SAME AND IMAGE DISPLAY APPARATUS.  Filed June 30, 2010.

(9)   90/009,772 (paper filed) – U.S. Patent No. 5,843,073 owned by CardioFocus, Inc. and entitled INFRARED LASER CATHETER SYSTEM.  Filed June 30, 2010.

(10)   90/009,774 (paper filed) – Information not currently available.

(11)   90/009,775 (paper filed) – U.S. Patent No. 6,201,217 owned by Hearthware Home Products, Inc. and entitled COUNTER-TOP ELECTRIC COOKER.  Filed July 9, 2010 by Morningware, Inc.  The ‘217 patent is currently the subject of a litigation styled Morningware, Inc. v. Hearthware Home Products, Inc. (N.D. Ill., Case No. 1:09-cv-04348, filed July 20, 2009).

(12)   90/009,776 (paper filed) – Information not currently available.

(13)   90/009,777 (paper filed) – U.S. Patent No. 5,578,663 owned by K.A.E. Paving Consultants, Inc. and entitled PAVEMENT REJUVENATOR AND DRESSING CONDITIONER WITH ELASTOMER.  Filed July 12, 2010 by Pavement Rejuvenation International, L.P.

(14)   90/009,778 (paper filed) – Information not currently available.

(15)   90/009,779 (paper filed) – U.S. Patent No. 5,411,552 owned by Edwards Lifesciences AG and entitled VALVE PROTHESIS FOR IMPLANTATION IN THE BODY AND A CATHETER FOR IMPLANTING SUCH VALVE PROTHESIS.  Filed July 9, 2010 by Medtronic, Inc.

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