Apotex Tests Wyeth Anti-Bacterial Composition Patent, Week of October 28, 2013

| November 4, 2013

Most notable among the filings last week was an inter partes review request submitted by Sughrue’s Kenneth Burchfiel and Travis Ribar, on behalf of Apotex, against Wyeth’s U.S Patent No. 7,879,828 (see inter partes review Request No. (8)). The ‘828 patent claims a tigecycline composition having “improved stability in both solid and solution states.”  According to the ‘828 patent, tigecycline is an antibiotic in the tetracycline family that “has been shown to work where other antibiotics have failed.”  Wyeth sued Sandoz in 2009 for infringement of both the ‘828 patent and Reissue Patent No. 40,188, but the case was later dismissed based on a stipulation of the parties.

Medtronic filed two inter partes review requests against a patent for an aortic valve replacement owned by Troy Norred (see inter partes review Request No. (4)). Dr. Norred sued Medtronic for infringement of the patent earlier this year.  Medtronic also requested inter partes review of a stent patent owned by Valentine Rhodes (see inter partes review Request No. (1)).

The following inter partes review requests were filed:

(1)               IPR2014-00100 (electronically filed) – U.S. Patent No. 5,593,417 entitled INTRAVASCULAR STENT WITH SECURE MOUNTING MEANS and owned by Valentine Rhodes. Filed October 31, 2013, by Medtronic, Inc. The ‘417 patent is currently the subject matter of a patent infringement action styled Endotach LLC v. Medtronic, Inc., et al. (Case No. 5:13-cv-03292-EJD (N.D. Cal.)).

(2)               IPR2014-00101 (electronically filed) – U.S. Patent No. 8,312,286 entitled WIRELESS NETWORK HAVING MULTIPLE COMMUNICATION ALLOWANCES and owned by Lone Star Wifi. Filed October 30, 2013, by Starwood Hotels and Resorts Worldwide, Inc. The ‘286 patent is currently the subject matter of a litigation styled Lone Star Wifi, LLC v. Legacy Stonebriar Hotel, Ltd., et al. (Case No. 6:12-cv-00957-MHS (E.D. Tex.)).

(3)               IPR2014-00102 (electronically filed) – U.S. Patent No. 7,490,348 entitled WIRELESS NETWORK HAVING MULTIPLE COMMUNICATION ALLOWANCES and owned by Lone Star Wifi, LLC. Filed October 30, 2013, by Starwood Hotels and Resorts Worldwide, Inc. The ‘348 patent is currently the subject matter of a litigation styled Lone Star Wifi, LLC v. Legacy Stonebriar Hotel, Ltd., et al. (Case No. 6:12-cv-00957-MHS (E.D. Tex.)).

(4)               IPR2014-00110 & IPR2014-00111 (electronically filed) – U.S. Patent No. 6,482,228 entitled PERCUTANEOUS AORTIC VALVE REPLACEMENT and owned by Troy Norred. Filed October 31, 2013, by Medtronic, Inc. The ‘228 patent is currently the subject of a litigation styled Troy R. Norred, M.D. v. Medtronic, Inc., et al. (Case No. 2:13-cv-02061 (D. Ka.))

(5)               IPR2014-00112 (electronically filed) – U.S. Patent No. 6,955,677 entitled MULTI-ANGULAR FASTENING APPARATUS AND METHOD FOR SURGICAL BONE SCREW/PLATE SYSTEMS and owned by University of North Carolina at Chapel Hill. Filed October 31, 2013, by Smith & Nephew, Inc. The ‘677 patent is currently the subject matter of litigations styled AngleFix Tech, LLC v. Smith & Nephew, Inc. (Case No. 2:13-cv-02281-JPM-TMP (W.D. Tenn.)); AngleFix Tech, LLC v. NuVasive, Inc. (Case No. 3:13-cv-00983-BEN-RBB (S.D. Cal.)); AngleFix Tech, LLC v. Wright Medical Technology, Inc. (Case No. 2:13-cv-02407-JPM-TMP (W.D. Tenn.)).

(6)               IPR2014-00113 (electronically filed) – U.S. Patent No. 6058045 entitled SERIAL FLASH MEMORY and owned by Intellectual Ventures I, LLC. Filed October 31, 2013, by Toshiba Corporation. The ‘045 patent is currently the subject of a patent infringement action styled Intellectual Ventures I, LLC and Intellectual Ventures II, LLC v. Toshiba Corporation, et al. (Case No. 1:13-cv-00453-UNA (D. Del.)).

(7)               IPR2014-00114 (electronically filed) – U.S. Patent No. 6,563,133 entitled METHOD OF EPITAXIAL-LIKE WAFER BONDING AT LOW TEMPERATURE AND BONDED STRUCTURE and owned by Ziptronix, Inc. Filed November 1, 2013, by Taiwan Semiconductor Manufacturing Company, Ltd.

(8)               IPR2014-00115 (electronically filed) – U.S. Patent No. 7,879,828 entitled TIGECYCLINE COMPOSITIONS AND METHODS OF PREPARATION and owned by Wyeth, LLC. Filed November 1, 2013, by Apotex, Inc. The ‘828 patent was the subject matter of a patent infringement litigation styled Wyeth Holdings Corp., et al. v. Sandoz Corporation (Case No. 09-955-LPS-CJB (D. Del.)).

(9)               IPR2014-00116 (electronically filed) – U.S. Patent No. 8,288,745 entitled METHOD OF UTILIZING AN IMPLANT FOR TARGETING EXTERNAL BEAM RADIATION and owned by SenoRx. Filed November 1, 2013, by Focal Therapeutics.

(10)           IPR2014-00117 (electronically filed) – U.S. Patent No. 6,985,912 entitled DYNAMIC OBJECT-DRIVEN DATABASE MANIPULATION AND MAPPING SYSTEM HAVING A SIMPLE GLOBAL INTERFACE AND AN OPTIONAL MULTIPLE USER NEED ONLY CACHING SYSTEM WITH DISABLE AND NOTIFY FEATURES and owned by Thought , Inc.  Filed by Oracle November 1, 2013.  The ’912 patent is asserted in Thought, Inc. v. Oracle Corporation, et al., (Case No. 3:12-05601 (N.D. Cal.)).

(11)           IPR2014-00118 (electronically filed) – U.S. Patent No. 7,103,600 entitled DISPLAYABLE PRESENTATION PAGE AND SQL SEARCHABLE RELATIONAL DATA SOURCE IMPLEMENTATION OF A SYSTEM, METHOD AND SOFTWARE FOR CREATING OR MAINTAINING DISTRIBUTED TRANSPARENT PERSISTENCE OF COMPLEX DATA OBJECTS AND THEIR DATA RELATIONSHIPS and owned by Thought, Inc.  Filed by Oracle November 1, 2013.  The ’600 patent is asserted in Thought, Inc. v. Oracle Corporation, et al., (Case No. 3:12-05601 (N.D. Cal.)).

(12)           IPR2014-00119 (electronically filed) – U.S. Patent No. 7,167,862 entitled SESSION BEAN IMPLEMENTATION OF A SYSTEM, METHOD AND SOFTWARE FOR CREATING OR MAINTAINING DISTRIBUTED TRANSPARENT PERSISTENCE OF COMPLEX DATA OBJECTS AND THEIR DATA RELATIONSHIPS and owned by Thought, Inc.  Filed by Oracle November 1, 2013.  The ’862 patent is asserted in Thought, Inc. v. Oracle Corporation, et al., (Case No. 3:12-05601 (N.D. Cal.)).

The following ex parte reexamination requests were filed:

(1)               90/013,046 (electronically filed) – U.S. Patent No. 8,020,796 entitled SHREDDER THICKNESS WITH ANTI-JITTER FEATURE and owned by Fellowes, Inc. Filed November 1, 2013, by ACCO Brands Corporation. The ‘796 patent is currently the subject matter of a patent infringement action styled Fellowes, Inc. v. ACCO Brands Corporation (Case Nos. 1:11-cv-08148 and 1:10-cv-07587 (N.D. Ill.)).

(2)               90/013,047 (electronically filed) – U.S. Patent No. 8,312,576 entitled STURDY, COLLAPSIBLE, FOLDING MATTRESS SUPPORT HAVING THE APPEARANCE OF A BOX SPRING and owned by Zinus, Inc. Filed October 30, 2013.

(3)               90/013,048 (electronically filed) – U.S. Patent No. 7,929,013 entitled DESKTOP ELECTRONIC MAGNIFIER and owned by Freedom Scientific, Inc. Filed October 30, 2013.

 

Category: Recent Requests

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