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Amneal Pharma Challenge to Oxymorphone Patents, Among the Requests Week of January 13, 2014
| January 22, 2014
In 2012 Endo Pharmaceuticals sued Amneal Pharmaceuticals for infringement of U.S. Patent Nos. 8,309,122 and 8,329,216 that claim certain controlled-release oxymorphone compositions, i.e., pain relievers. This past Thursday Amneal replied by requesting inter partes review of both patents (see inter partes review Request Nos. (13) & (14)). Pharmaceutical patents of other companies as well were attacked last week (see inter partes review Request No. (12) & ex parte reexamination Request No. (5)).
Medical device patents also continue to be targeted at the Patent Office. Inter partes review requests were filed against a knee arthroplasty patent owned by Wright Medical, and a shape memory alloy stent patent owned by Medtronic (see inter partes review Request Nos. (10) & (17)). In both instances, the requester had been sued for infringement.
The following inter partes review requests were filed:
1. IPR2014-00346 (electronically filed) – U.S. Patent No. 8,364,295 entitled INTERACTIVE SOUND REPRODUCING, which is owned by Bose Corporation. Filed by SDI Technologies, Inc. on January 13, 2014. The ‘295 patent is asserted in an infringement action styled Bose Corporation v. SDI Technologies, Inc. (Case No. 13-cv-10277-WGY (D. Mass.)).
2. IPR2014-00347 (electronically filed) – U.S. Patent No. 8,504,631 entitled METHOD, APPARATUS, AND BUSINESS SYSTEM FOR ONLINE COMMUNICATIONS WITH ONLINE AND OFFLINE RECIPIENTS, which is owned by EveryMD.com, LLC. Filed by Google, Inc. and Twitter, Inc. on January 13, 2014. The ‘631 patent is asserted in infringement actions styled EveryMD.com, LLC v. Google, Inc. (Case No. 2:13-cv-06490-MRP-FFM (C.D. Cal.)); and EveryMD.com, LLC v. Twitter, Inc. (Case No. 2:13-cv-06680-MRP-FFM (C.D. Cal.)).
3. IPR2014-00352 (electronically filed) – U.S. Patent No. 6,624,392 entitled MULTIFUNCTIONAL COOKING SYSTEM, which is owned by Acorne Enterprises, LLC. Filed by Euro-Pro Operating, LLC on January 14, 2014. The ‘392 patent is asserted in an infringement action styled Acorne Enterprises, LLC v. Euro-Pro Operating, LLC (Case No. 3:12-cv-00602-RCj-WGC (D. Nev.)).
4. IPR2014-00351 (electronically filed) – U.S. Patent No. 6,515,262 entitled MULTIFUNCTIONAL COOKING SYSTEM, which is owned by Acorne Enterprises, LLC. Filed by Euro-Pro Operating, LLC on January 14, 2014. The ‘262 patent is asserted in an infringement action styled Acorne Enterprises, LLC v. Euro-Pro Operating, LLC (Case No. 3:12-cv-00602-RCj-WGC (D. Nev.)).
5. IPR2014-00350 (electronically filed) – U.S. Patent No. 8,625,204 entitled ZOOM LENS AND IMAGE PICKUP APPARATUS INCLUDING THE ZOOM LENS, which is owned by Rohm and Haas Company. Filed by Organik Kimya San. ve Tic. A.S. on January 14, 2014. The ‘204 patent is involved in the ITC investigation In the Matter of Certain Opaque Polymers (Inv. No. 337-TA-883 (USITC)) and in the infringement actions Rohm and Haas Company and Rohm and Haas Chemicals, LLC v. Organik Kimya San. ve Tic. A.S., et al. (Case No. 13-cv-898 (D. Del.)).
6. IPR2014-00344 (electronically filed) – U.S. Patent No. 8,291,499 entitled POLICY BASED CAPTURE WITH REPLAY TO VIRTUAL MACHINE, which is owned by FireEye, Inc. Filed by Finjan, Inc. on January 14, 2014. The ‘499 patent is asserted in an infringement action styled Finjan, Inc. v. FireEye, Inc. (Case No. 4:13-cv-03133-SBA (N.D. Cal.)).
7. IPR2014-00357 (electronically filed) – U.S. Patent No. 8,468,199 entitled SYSTEM AND METHOD FOR VERIFYING DELIVERY AND INTEGRITY OF ELECTRONIC MESSAGES, which is owned by RPost Communications, Ltd. Filed by Symantec Corporation on January 15, 2014. The ‘199 patent is involved in infringement actions styled RPost Holding, Inc., et al. v. Sophos, Inc. (Case No. 2:13-cv-00959 (E.D. Tex.)); RPost Holdings, Inc., et al. v. Trend Micro Incorporated (Case No. 2:13-cv-01065 (E.D. Tex.)); Sophos, Inc. v. RPost Holdings, Inc., et al. (Case No. 1:13-cv-12856 (D. Mass.)); and Trend Micro Incorporated v. RPost Holdings, Inc., et al. (Case No. 3:13-cv-05227 (N.D. Cal.)).
8. IPR2014-00356 (electronically filed) – U.S. Patent No. 6,606,581 entitled SYSTEM AND METHOD FOR MEASURING AND REPORTING USER REACTIONS TO PARTICULAR WEB PAGES TO A WEBSITE, which is owned by OpinionLab, Inc. Filed by Qualtrics, LLC on January 15, 2014. The ‘581 patent is asserted in infringement actions styled OpinionLab, Inc. v. Qualtrics Labs, Inc., et al. (Case No. 1:13-cv-01574 (N.D. Ill.)); and OpinionLab, Inc. v. iPerceptions Inc., et al. (Case No. 1:12-cv-05662 (N.D. Ill.)).
9. IPR2014-00355 (electronically filed) – U.S. Patent No. 7,966,372 entitled SYSTEM AND METHOD FOR VERIFYING DELIVERY AND INTEGRITY OF ELECTRONIC MESSAGES, which is owned by RPost Communications, Ltd. Filed by Symantec Corporation on January 15, 2014. The ‘371 patent has been asserted in a number of infringement actions in the Eastern District of Texas, against several alleged infringers including Amazon.com (Case No. cv-0258); Adobe Systems (Case No. cv-00325); Experian PLC (Case No. cv-00513); and Epsilon Data Management (Case No. cv-511).
10. IPR2014-00354 (electronically filed) – U.S. Patent No. 7,806,896 entitled KNEE ARTHROPLASTY METHOD, which is owned by Bonutti Skeletal Innovations, LLC. Filed by Wright Medical Group, Inc. on January 15, 2014. Bonutti Skeletal has asserted the ‘896 patent against a number of alleged infringers, including Wright Medical Group (Case No. 12-1110-GMS (D. Del.)); Smith & Nephew, Inc. (Case No. 12-cv-01111 (D. Del.)); and Zimmer Holdings, Inc. (Case No. 12-cv-01107 (D. Del.)). Both Smith & Nephew and Zimmer have requested inter partes review of the ‘896 patent (see IPR2013-00629, petition filed by Smith & Nephew; and IPR2014-00321, petitioned filed by Zimmer).
11. IPR2014-00353 (electronically filed) – U.S. Patent No. 8,504,628 entitled SYSTEM AND METHOD FOR VERIFYING DELIVERY AND INTEGRITY OF ELECTRONIC MESSAGES, which is owned by RPost Communications, Ltd. Filed by Symantec Corporation on January 15, 2014. The ‘628 patent is involved in an infringement actions styled RPost Holding, Inc., et al. v. Sophos, Inc. (Case No. 2:13-cv-00959 (E.D. Tex.)); RPost Holdings, Inc., et al. v. Trend Micro Incorporated (Case No. 2:13-cv-01065 (E.D. Tex.)); Sophos, Inc. v. RPost Holdings, Inc., et al. (Case No. 1:13-cv-12856 (D. Mass.)); and Trend Micro Incorporated v. RPost Holdings, Inc., et al. (Case No. 3:13-cv-05227 (N.D. Cal.)).
12. IPR2014-00325 (electronically filed) – U.S. Patent No. 8,475,832 entitled SUBLINGUAL AND BUCCAL FILM COMPOSITIONS, which is owned by RB Pharmaceuticals, Ltd. Filed by BioDelivery Sciences International, Inc. on January 15, 2014. The ‘832 patent is asserted in an infringement action styled Reckitt Benckiser Pharmaceuticals, et al. v. BioDelivery Sciences International, Inc. (Case No. 5:13-cv-769 (W.D.N.C.)).
13. IPR2014-00361 (electronically filed) – U.S. Patent No. 8,309,122 entitled OXYMORPHONE CONTROLLED RELEASE FORMULATIONS, which is owned by Endo Pharmaceuticals, Inc. Filed by Amneal Pharmaceuticals, LLC on January 16, 2014. The ‘122 patent is asserted in an infringement action styled Endo Pharmaceuticals Inc. and Grunenthal GMBH v. Amneal Pharmaceuticals, LLC and Amneal Pharmaceuticals of New York, C.A. (Case No. 12-cv-8115 (S.D.N.Y.)).
14. IPR2014-00360 (electronically filed) – U.S. Patent No. 8,329,216 entitled OXYMORPHONE CONTROLLED RELEASE FORMULATIONS, which is owned by Endo Pharmaceuticals, Inc. Filed by Amneal Pharmaceuticals, LLC on January 16, 2014. The ‘216 patent is asserted in an infringement action styled Endo Pharmaceuticals Inc. and Grunenthal GMBH v. Amneal Pharmaceuticals, LLC and Amneal Pharmaceuticals of New York, C.A. (Case No. 12-cv-8115 (S.D.N.Y.)).
15. IPR2014-00366 (electronically filed) – U.S. Patent No. 8,041,805 entitled SYSTEM AND METHOD FOR REPORTING TO A WEBSITE OWNER USER REACTIONS TO PARTICULAR WEB PAGES OF A WEBSITE, which is owned by OpinionLab, Inc. Filed by Qualtrics, LLC on January 17, 2014. The ‘805 patent is asserted in infringement actions styled OpinionLab, Inc. v. Qualtrics Labs, Inc., et al. (Case No. 1:13-cv-01574 (N.D. Ill.)); and OpinionLab, Inc. v. iPerceptions Inc., et al. (Case No. 1:12-cv-05662 (N.D. Ill.)).
16. IPR2014-00364 (electronically filed) – U.S. Patent No. 6,289,993 entitled BLOWOUT PREVENTER PROTECTOR AND SETTING TOOL, which is owned by Oil States Energy Services, LLC. Filed by Greene’s Energy Group, LLC on January 17, 2014. The ‘993 patent is asserted in an infringement action styled Oil States Energy Service, LLC, et al. v. Greene’s Energy Group, LLC (Case No. 6:12-cv-611 (E.D. Tex.)).
17. IPR2014-00362 (electronically filed) – U.S. Patent No. 6,306,141 entitled MEDICAL DEVICES INCORPORATING SIM ALLOY ELEMENTS, which is owned by Medtronic, Inc. Filed by Edwards Lifesciences Corporation on January 17, 2014.
18. IPR2014-00358 (electronically filed) – U.S. Patent No. RE43,707 entitled METHODS, APPARATUS, AND DEVICES FOR NOISE REDUCTION, which is owned by Barco N.V. Filed by Eizo Corporation on January 17, 2014. The ‘707 patent is asserted in an infringement action styled Barco, N.V., et al. v. Eizo Nanao Corporation, et al. (Case No. 11-cv-00258 (N.D. Ga.)).
19. IPR2014-00367 (electronically filed) – U.S. Patent No. 8,286,561 entitled SPILL CONTAINING REFRIGERATOR SHELF ASSEMBLY, which is owned by SSW Holding Company, Inc. Filed by SCHOTT Gemtron Corporation on January 18, 2014. The ‘561 patent is asserted in an infringement action styled SSW Holding Co., Inc. v. SCHOTT Gemtron Corp. (Case No. 3:12-cv-00661 (W.D. Ky.)).
The following ex parte reexamination requests were filed:
1. 90/013,118 (electronically filed) – U.S. Patent No. 6,435,450 entitled MULTI-COMPARTMENT PARALLELING REEL HAVING INDEPENDENT COMPARTMENTS, which is owned by SASCO. Filed on January 17, 2014, by Weber Electric Manufacturing Company. The ‘450 patent is asserted in an infringement action styled SASCO v. Weber Electric Mfg. Co. (Case No. 8:13-cv-00022-CJC-JPR (C.D. Cal.)).
2. 90/013,119 (electronically filed) – U.S. Patent No. 7,937,599 entitled THERMAL AND POWER MANAGEMENT FOR COMPUTER SYSTEMS, which is owned by IpVenture, Inc. Filed on January 14, 2014, likely by Acer Inc. The ‘599 patent is asserted in a patent infringement action styled IpVenture, Inc. v. Acer, Inc. (Case No. 11-588-RGA (D. Del.)).
3. 90/013,120 (electronically filed) – U.S. Patent No. 8,323,394 entitled WARM MIX ASPHALT BINDER COMPOSITIONS CONTAINING LUBRICATING ADDITIVES, which is owned by Ergon Asphalt & Emulsions, Inc. Filed on January 15, 2014.
4. 90/013,121 (electronically filed) – U.S. Patent No. 6,658,408 entitled DOCUMENT INFORMATION MANAGEMENT SYSTEM, which is owned by Ricoh Company, Ltd. Filed on January 16, 2014.
5. 90/013,122 (electronically filed) – U.S. Patent No. 8,114,900 entitled AMORPHOUS CARVEDILOL DIHYDROGEN PHOSPHATE, which is owned by Teva Pharmaceuticals Industries, Ltd. Filed on January 17, 2014.
6. 90/013,123 (electronically filed) – U.S. Patent No. 6,767,470 entitled METHOD FOR CLEANING AND MAINTAINING WATER DELIVERY SYSTEMS, which is owned by CH2O Inc. Filed on January 17, 2014.
