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Attack on Two Applied Biosystems Nucleic Acid Probes among the Reexamination Requests Filed the Week of April 2, 2012
| April 10, 2012
Reexamination was requested last week of two patents owned by Applied Biosystems, claiming fluorescent probes for detected nucleic acid amplification (see ex parte Request Nos. (1) & (2)). Although the Patent Office records do not yet disclose the identity of the requester, it is likely to be Midland Certified Reagent that has been sued by Applied Biosystems for infringement of the two patents.
Reexamination was also requested for three RFID patents owned by Round Rock Research (see ex parte Request Nos. (8), (9) & (14)). Round Rock also received disappointing news last week when Judge Richard Andrews of Delaware stayed its infringement actions against Dole Food, GAP and Hanesbrands pending completion of the reexamination of the five patents-in-suit. Judge Andrews included an amusing comment in his decision: when dealing with the consideration of whether the stay motion had been filed for a “tactical reason,” he noted the obvious that “parties are constantly seeking tactical advantages.”
The following inter partes requests were filed:
(1) 95/001,955 (electronically filed) – U.S. Patent No. 8,061,359 entitled SURGICAL ENDOSCOPIC CUTTING DEVICE AND METHOD FOR ITS USE and owned by Smith & Nephew. Filed April 2, 2012, by Hologic. The ‘359 patent is currently the subject of a litigation styled Smith & Nephew v. Hologic (Case No. 1:11-cv-12064 (D. Mass.)).
(2) 95/001,956 (electronically filed) – U.S. Patent No. 7,820,947 entitled SLOW COOKER and owned by Hamilton Beach Brands. Filed April 3, 2012, by Sunbeam Prods.
(3) 95/001,957 (electronically filed) – U.S. Patent No. 7,778,440 entitled APPARATUS AND METHOD FOR EMBEDDING SEARCHABLE INFORMATION INTO A FILE FOR TRANSMISSION, STORAGE AND RETRIEVAL and owned by MyPort Technologies. Filed April 3, 2012. The ‘440 patent is currently the subject of a litigation styled MyPort Technologies v. HTC, et al. (Case No. 6:11-cv-246 (E.D. Tex.)).
(4) 95/001,958 (electronically filed) – U.S. Patent No. 7,221,387 entitled DIGITAL TELEVISION WITH SUBSCRIBER CONFERENCE OVERLAY and owned by Dennis Fernandez. Filed April 5, 2012. The ‘387 patent is currently the subject of a litigation styled Fernandez v. Intercall (Case No. 1:11-cv-7091 (N.D. Ill.)); Fernandez v. Blackboard (Case No. 3:11-4969 (N.D. Cal.)).
The following ex parte requests were filed:
(1) 90/012,228 (electronically filed) – U.S. Patent No. 5,538,848 entitled METHOD FOR DETECTING NUCLEIC ACID AMPLIFICATION USING SELF-QUENCHING FLUORESCENCE PROBE and owned by Applied Biosystems, Perkin-Elmer. Filed April 1, 2012. The ‘848 patent is currently the subject of a litigation styled Applied Biosystems, Life Techs. v. Midland Certified Reagent, Biosearch & Bio-Synthesis (Case No. 3:12-cv-852 (N.D. Cal.)).
(2) 90/012,229 (electronically filed) – U.S. Patent No. 5,723,591 entitled SELF-QUENCHING FLUORESCENCE PROBE and owned by Applied Biosystems, Perkin-Elmer. Filed April 1, 2012. The ‘591 patent is currently the subject of a litigation styled Applied Biosystems, Life Techs. v. Midland Certified Reagent, Biosearch & Bio-Synthesis (Case No. 3:12-cv-852 (N.D. Cal.)).
(3) 90/012,230 (electronically filed) – U.S. Patent No. 6,313,749 entitled SLEEPINESS DETECTION FOR VEHICLE DRIVER OR MACHINE OPERATOR and owned by Ibormeith IP. Filed April 2, 2012. The ‘749 patent is currently the subject of a litigation styled Ibormeith IP v. Mercedes-Benz USA et al. (Case No. (D.N.J.)).
(4) 90/012,231 (electronically filed) – U.S. Patent No. 7,144,179 entitled DISPLAY FORM HAVING MAGNETICALLY ATTACHABLE PARTS and owned by Keybank National Assoc. Filed April 2, 2012.
(5) 90/012,232 (electronically filed) – U.S. Patent No. 7,953,599 entitled SYSTEM, METHOD AND COMPUTER PROGRAM PRODUCT FOR ADDING VOICE ACTIVATION AND VOICE CONTROL TO A MEDIA PLAYER and owned by Stragent. Filed April 2, 2012, by BMW. The ‘599 patent is currently the subject of a litigation styled Stragent v. Pioneer Electronics et al. (Case No. 6:11-cv-278-LED (E.D. Tex.)).
(6) 90/012,233 (electronically filed) – U.S. Patent No. 6,043,760 entitled LANGUAGE-DEPENDENT LETTER INPUT BY MEANS OF NUMBER KEYS and owned by MobileMedia Ideas. Filed April 2, 2012. The ‘760 patent is currently the subject of a litigation styled MobileMedia Ideas v. Apple (Case No. 1:10-cv-258 (D. Del.)); MobileMedia Ideas v. HTC (Case No. 2:10-cv-112 (E.D. Tex.)).
(7) 90/012,234 (electronically filed) – U.S. Patent Reissue No. 40,653 entitled RADAR DETECTOR FOR DETECTING POLICE RADAR THAT RECEIVES GPS DATA and owned by Hoyt Fleming. Filed April 3, 2012. The ‘653 patent is currently the subject of infringement actions styled Fleming v. Escort and Beltronics USA (Case No. 1:09-cv-105 (D. Id.)); and Fleming v. Escort et al. (Case No. 1:12-cv-66 (D. Id.)).
(8) 90/012,235 (electronically filed) – U.S. Patent No. 5,974,078 entitled MODULATED SPREAD SPECTRUM IN RF IDENTIFICATION SYSTEMS METHOD and owned by Round Rock Research. Filed April 4, 2012.
(9) 90/012,236 (electronically filed) – U.S. Patent No. 7,265,674 entitled THIN FLEXIBLE, RFID LABELS, AND METHOD AND APPARATUS FOR USE and owned by Round Rock Research. Filed April 4, 2012.
(10) 90/012,237 (electronically filed) – U.S. Patent No. 8,062,645 entitled SALMONELLA VACCINE and owned by Merial. Filed April 4, 2012.
(11) 90/012,238 (electronically filed) – U.S. Patent No. 6,234,351 entitled APPARATUS AND METHOD FOR ENHANCING EVACUATION OF BULK MATERIAL SHIPPER BAGS and owned by A.R. Arena Prods. Filed April 4, 2012. The ‘351 patent is currently the subject of a litigation styled A.R. Arena Prods. v. Grayling Indus. (Case No. 5:11-cv-1911 (N.D. Ohio))).
(12) 90/012,239 (electronically filed) – U.S. Patent No. 7,201,661 entitled VIDEO GAMING DEVICE AND COMMUNICATIONS SYSTEM and owned by Vegas Amusement. Filed April 4, 2012.
(13) 90/012,240 (electronically filed) – U.S. Patent No. 6,921,337 entitled VIDEO GAMING DEVICE AND COMMUNICATIONS SYSTEM and owned by Vegas Amusement. Filed April 4, 2012.
(14) 90/012,241 (electronically filed) – U.S. Patent Reissue No. 42,821 entitled METHODS FOR ELECTRONIC TRACKING OF UNITS ASSOCIATED WITH A BATCH and owned by Round Rock Research. Filed April 5, 2012.
(15) 90/012,242 (electronically filed) – U.S. Patent No. 7,565,299 entitled WASTE SORTING AND TRACKING SYSTEM AND . Filed April 5, 2012, by CareFusion.
(16) 90/012,243 (electronically filed) – U.S. Patent No. 6,677,081 entitled LITHIUM METAL OXIDE ELECTRODES FOR LITHIUM CELLS AND BATTERIES and owned by Sanyo. Filed April 5, 2012.
