Reexamination Requests Filed the Week of September 13th

| September 22, 2010

Perhaps the most important reexamination request last week was filed by Google against a Xerox patent (Ex parte No. 6).  The patent is the subject of a pending law suit in Delaware between the parties.  Earlier this month, Magistrate Judge Mary Pat Thynge issued a decision in that case allowing Google to use counsel from its litigation team for any reexamination – essentially, she concluded that the potential harm to Google of limiting its choice of reexamination counsel outweighed the risk of improper use by Google’s reexamination counsel of Xerox’s protective order information.

Another interesting request was filed against an Amylin patent (Ex parte No. 13) for exendins which are peptide hormones that regulate blood glucose levels.  A reexamination (95/000,276) has been pending since 2007 against similar Amylin extendins patent – the ‘276 reexamination is noteworthy in that it features that rare creature: the reexamination continuation.  The earlier Amylin reexamination was filed by competitor ConjuChem.

The following inter partes requests were filed:

(1)   95/001,445 (electronically filed) – U.S. Patent No. 7,507,845 owned by SD Lizenzverwertungsgesellschaft mbH & Co. KG and entitled PROCESS FOR PRODUCTION OF AN OLEFIN OXIDE.  Filed September 13, 2010 by Shell Oil Company.

(2)   95/001,446 (electronically filed) – Information not currently available.

(3)   95/001,447 (electronically filed) – U.S. Patent No. 6,907,530 owned by SSL Services LLC and entitled SECURE INTERNET APPLICATIONS WITH MOBILE CODE.  Filed September 18, 2010 by Citrix Systems, Inc.  The ‘530 patent (along with the ‘011 patent – see below) is current the subject of a litigation styled SSL Services, LLC v. Citrix Systems, Inc. et al. (E.D. Tex., Case No.2:08-cv-00158-TJW, filed Apr. 11, 2008).

(4)   95/000,571 (paper filed) – U.S. Patent No. 7,678,139 owned by Phygen LLC and entitled PEDICLE SCREW ASSEMBLY.  Filed August 31, 2010.

And the following ex parte requests were filed:

(1)   90/011,210 (electronically filed) – Information not currently available.

(2)   90/011,228 (electronically filed) – U.S. Patent No. 5,530,469 owned by Interactive Television Co., LLC and entitled INTERACTIVE TELEVISION WITH CORRELATION OF VIEWERS INPUT AND RESULTS MADE AVAILABLE TO EACH VIEWER.  Filed September 13, 2010.  The ‘469 patent is currently the subject of a litigation styled Interactive Television Co., LLC v. Fox Entertainment Group, Inc. et al. (S.D.N.Y., Case No. 1:10-cv-02792-DAB, filed Mar. 29, 2010).

(3)   90/011,229 (electronically filed) – U.S. Patent No. 5,251,294 owned by Webvention LLC and entitled ACCESSING, ASSEMBLING, AND USING BODIES OF INFORMATION.  Filed September 13, 2010.  The ‘294 patent is currently the subject of a litigation styled Webvention LLC v. Abercrombie & Fitch Co. et al. (E.D. Tex., Case No. 2:10-cv-00253-TJW-CE, filed July 20, 2010).

(4)   90/011,230 (electronically filed) – U.S. Patent No. 6,347,553 owned by CareFusion 303, Inc. and entitled FORCE SENSOR ASSEMBLY FOR AN INFUSION PUMP.  Filed September 14, 2010 by Sigma International General Medical Apparatus, L.L.C.  The ‘553 patent is currently the subject of a litigation styled CareFusion 303, Inc. v. Sigma International (S.D. Cal., Case No. 3:10-cv-00442-DMS-WMC, filed Feb. 26, 2010).

(5)   90/011,231 (electronically filed) – U.S. Patent No. 5,828,420 owned by United Video Properties, Inc. and entitled VIDEO MIX PROGRAM GUIDE.  Filed September 14, 2010.

(6)   90/011,232 (electronically filed) – U.S. Patent No. 6,236,994 owned by Xerox Corporation and entitled METHOD AND APPARATUS FOR THE INTEGRATION OF INFORMATION AND KNOWLEDGE.  Filed September 14, 2010 by Google Inc.  The ‘994 patent is currently the subject of a litigation styled Xerox Corporation v. Google Inc. et al. (D. Del., Case No. 1:10-cv-00136-LPS-MPT, filed Feb. 19, 2010).

(7)   90/011,233 (electronically filed) – U.S. Patent No. 5,831,669 owned by John B. Adrain and entitled FACILITY MONITORING SYSTEM WITH IMAGE MEMORY AND CORRELATION.  Filed September 14, 2010.  The ‘669 patent is currently the subject of three litigations, styled: Adrain v. Edge Products LLC et al. (S.D. Tex.,  Case No. 4:10-cv-00885, filed Mar. 17, 2010); Adrain v. Vigilant Video, Inc. et al. (E.D. Tex., Case No. 2:10-cv-00173-TJW-CE, filed May 26, 2010; and Adrain v. NDI Technologies, Inc. et al. (M.D. Fla., Case No.6:10-cv-01059-JA-DAB, filed July 15, 2010).

(8)   90/011,234 (electronically filed) – U.S. Patent No. 7,058,586 owned by Pitney Bowes Inc. and entitled INFORMATION DELIVERY SYSTEM FOR PROVIDING SENDERS WITH A RECIPIENT’S MESSAGING PREFERENCES.  Filed September 15, 2010 by Zumbox, Inc.

(9)   90/011,235 (electronically filed) – U.S. Patent No. 7,531,855 owned by Hynix Semiconductor Inc. and entitled MULTI-CHIP DEVICE AND METHOD FOR MANUFACTURING THE SAME.  Filed September 15, 2010 by the patent owner.

(10)   90/011,236 (electronically filed) – U.S. Patent No. 6,020,929 owned by United Video Properties, Inc. and entitled VIDEO MIX PROGRAM GUIDE.  Filed September 15, 2010.

(11)   90/011,237 (electronically filed) – U.S. Patent No. 6,305,016 owned by United Video Properties, Inc. and entitled VIDEO MIX PROGRAM GUIDE.  Filed September 16, 2010.

(12)   90/011,238 (electronically filed) – U.S. Patent No. 6,346,047 owned by Eleven Engineering, Inc. and Eleven Engineering Game Control LLC and entitled RADIO FREQUENCY REMOTE GAME CONTROLLER.  Filed September 16, 2010 by Sony Computer Entertainment America LLC.  The ‘047 patent is currently the subject of a litigation styled Eleven Engineering, Inc. et al. v. Nintendo Co. Ltd. et al. (D. Del., Case No. 1:09-cv-00903-LPS, filed Nov. 25, 2009).

(13)   90/011,239 (electronically filed) – U.S. Patent No. 7,297,761 owned by Amylin Pharmaceuticals, Inc. and entitled PHARMACEUTICAL COMPOSITIONS CONTAINING EXENDINS.  Filed September 17, 2010.

(14)   90/011,240 (electronically filed) – U.S. Patent No. 5,530,469 owned by Interactive Television Company, LLC and entitled INTERACTIVE TELEVISION WITH CORRELATION OF VIEWERS INPUT AND RESULTS MADE AVAILABLE TO EACH VIEWER.  Filed September 17, 2010.

(15)   90/011,241 (electronically filed) – U.S. Patent No. 6,588,863 owned by Brass Smith LLC and entitled SNEEZE GUARDS AND METHODS FOR THEIR CONSTRUCTION AND USE.  Filed September 17, 2010.  The ‘863 patent is currently the subject of a litigation styled Brass Smith, LLC v. RPI Industries, Inc. (D.N.J., Case No. 1:09-cv-06344-NLH-JS, filed Dec. 16, 2009).

(16)   90/011,242 (electronically filed) – U.S. Patent No. 6,158,011 owned by SSL Services LLC and entitled MULTI-ACCESS VIRTUAL PRIVATE NETWORK.  Filed September 18, 2010.  The ‘011 patent (along with the ‘530 patent – see above) is currently the subject of a litigation styled SSL Services, LLC v. Citrix Systems, Inc. et al. (E.D. Tex., Case No.2:08-cv-00158-TJW, filed Apr. 11, 2008).

(17)   90/011,243 (electronically filed) – U.S. Patent No. 5,568,000 owned by Dial Manufacturing, Inc. and entitled MULTIPLE POLE, SHADED POLE SUBFRACTIONAL-HORSEPOWER INDUCTION MOTOR.  Filed September 19, 2010 by USASIA Co., LLC.  The ‘000 patent is currently the subject of a litigation styled Dial Manufacturing, Inc. v. USASIA Co., LLC et al. (D. Ariz., Case No. 2:10-cv-00831-NVW, filed Apr. 14, 2010).

(18)   90/009,821 (paper filed) – U.S. Patent No. 7,115,344 owned by Renesas Technology Corp. and entitled PHOTOMASK AND PATTERN FORMING METHOD EMPLOYING THE SAME.  Filed September 10, 2010.

(19)   90/009,822 (paper filed) – U.S. Patent No. 7,126,008 owned by Teva Pharmaceutical Industries Ltd. and entitled CARVEDILOL.  Filed September 10, 2010.

Category: Recent Requests, Reexamination Requests

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