Here is the latest  installment of Reexamination Requests from Scott M. Daniels, of Reeaxamination Alert and Practice Center Contributor which includes the requests for the weeks of August 2nd and August 9th….

Reexamination Requests Filed the Week of August 9^th

The pace of new reexamination requests slowed a bit this past week.  One of the more interesting is the request filed August 9^th against a design patent owned by Durham for a portion of a cabinet shelf.  As we have previously reported, reexamination of design patents tends to be much more rigorous than original prosecution.  In the case of the Durham patent, the third party requester characterized the patented design as “identical” to the prior art or at least “within the zone of obviousness.”  Interestingly, the third party requester did not attempt, on the basis of recent case law, to assert that the features shown in the drawings are functional and therefore not available to support patentability over the prior art. 

The following inter partes requests were made:

(1)   95/001,417 (electronically filed) – U.S. Patent No. 7,244,519 owned by TDY Industries Incorporated and entitled PDV COATED RUTHENIUM FEATURED CUTTING TOOLS.  Filed August 6, 2010 by Ingersoll Cutting Tool Company.  The ‘519 patent is currently the subject of a litigation styled TDY Industries Incorporated v. Ingersoll Cutting Tool Company (W.D. Pa., Case No. 2:10-cv-00790-CB, filed June 10, 2010).

(2)   95/001,418 (electronically filed) – U.S. Patent No. 7,674,481 owned by Osmose, Inc. and entitled MICRONIZED WOOD PRESERVATIVE FORMULATIONS.  Filed August 13, 2010 by Arch Wood Protection, Inc.  The ‘481 patent is currently the subject of a litigation styled Osmose, Inc. v. Arch Chemicals, Inc. (E.D. Va., Case No. 2:10-cv-00108-JBF-TEM, filed Mar. 9, 2010).

(3)   95/001,419 (electronically filed) – U.S. Patent No. 7,672,499 owned by Cummins-Allison Corp. and entitled METHOD AND APPARATUS FOR CURRENCY DISCRIMINATION AND COUNTING.  Filed August 13, 2010 by Amro-Asian Trade, Inc.

And the following ex parte requests were made:

(1)   90/011,149 (electronically filed) – U.S. Patent No. 6,197,287 owned by the Societe d’Exploitation de Produits pour les Industries Chimiques Seppic and entitled THICKENING LATEX, MANUFACTURING PROCESS AND COSMETIC APPLICATIONS.  Filed August 6, 2010.

(2)   90/011,150 (electronically filed) – U.S. Patent No. 7,676,192 owned by RadioShack Corporation and entitled RADIO SCANNER PROGRAMMED FROM FREQUENCY DATABASE AND METHOD.  Filed August 9, 2010.

(3)   90/011,151 (electronically filed) – U.S. Patent No. 6,330,592 owned by SBJ IP Holdings I, LLC and entitled METHOD, MEMORY, PRODUCT, AND CODE FOR DISPLAYING PRE-CUSTOMIZED CONTENT ASSOCIATED WITH VISITOR DATA.  Filed August 9, 2010.  The ‘592 patent is currently the subject of a litigation styled SBJ IP Holdings 1, LLC v. Blockbuster Inc. (E.D. Tex., Case No. 2:09-cv-00029-CE, filed Jan. 22, 2009).

(4)   90/011,152 (electronically filed) – U.S. Patent No. 6,096,329 owned by Merial and entitled INSECTICIDAL COMBINATION TO CONTROL MAMMAL FLEAS, IN PARTICULAR FLEAS ON CATS AND DOGS.  Filed August 10, 2010.

(5)   90/011,153 (electronically filed) – U.S. Patent No. 7,300,233 owned by Joerg Guehring and entitled SHAFT TOOL AND ASSOCIATED COOLANT/LUBRICANT FEEDING POINT.  Filed August 11, 2010 by the patent owner.

(6)   90/011,154 (electronically filed) – U.S. Patent No. 7,295,668 owned by Noetica Ltd. and entitled PREDICTIVE DIALING BY MONITORING PROGRESS OF AGENT SCRIPT.  Filed August 12, 2010.

(7)   90/011,155 (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 August 13, 2010.

(8)   90/011,156 (electronically filed) – U.S. Patent No. 5,802,398 owned by Synchrome Technology, Inc. and entitled METHOD AND APPARATUS FOR ALLOWING COMMUNICATION BETWEEN A HOST COMPUTER AND AT LEAST TWO STORAGE DEVICES OVER A SINGLE INTERFACE.  Filed August 13, 2010.

(9)   90/009,782 (paper filed) – U.S. Patent No. 6,193,856 owned by Asahi Glass Company Ltd. and entitled TARGET AND PROCESS FOR ITS PRODUCTION, AND METHOD FOR FORMING A FILM HAVING A HIGHLY REFRACTIVE INDEX.  Filed July 22, 2010.

(10)              90/009,792 (paper filed) – U.S. Patent No. 7,595,000 owned by ProChemTech International, Inc. and entitled OPERATION OF EVAPORATIVE COOLING TOWER WITH MINIMAL OR NO BLOWDOWN.  Filed July 30, 2010.

(11)              90/009,793 (paper filed) – Information not currently available.

(12)              90/009,794 (paper filed) – U.S. Patent No. 6,213,110 owned by Kee Action Sports I LLC and entitled RAPID FEED PAINTBALL LOADER.  Filed July 30, 2010 by the patent owner.

(13)              90/009,795 (paper filed) – U.S. Patent No. 5,653,760 owned by Bruce N. Saffran and entitled METHOD AND APPARATUS FOR MANAGING MACROMOLECULAR DISTRIBUTION.  Filed August 3, 2010.  The ‘760 patent is currently the subject of two litigations, styled: (1) Saffran v. Abbott Laboratories (E.D. Tex., Case No. 2:09-cv-00256-TJW-CE, filed Aug. 24, 2009); and (2) Saffran v. Johnson & Johnson (E.D. Tex., Case No. 2:07-cv-00451-TJW, filed Oct. 9, 2007).

(14)              90/009,796 (paper filed) – U.S. Patent No. D568,648 owned by The Durham Manufacturing Company and entitled PORTION OF A CABINET SHELF.  Filed August 9, 2010 by Metal Fabricating Corp.

(15)              90/009,797 (paper filed) – U.S. Patent No. 7,320,691 owned by Pacific Bioscience Laboratories, Inc. and entitled APPARATUS AND METHOD FOR ACOUSTIC/MECHANICAL TREATMENT OF EARLY STAGE ACNE.  Filed August 4, 2010 by Pretika Corporation.  The ‘691 patent is currently the subject of a litigation styled Pacific Bioscience Laboratories, Inc. v. Pretika Corporation (W.D. Wash., Case No. 2:10-cv-00231-JLR, filed Feb. 8, 2010).

Reexamination Requests Filed the Week of August 2^nd

Noteworthy are requests filed by Samsung against two Fractus patents that are the subject of a law suit between the two companies.  Samsung has become a frequent user of the reexamination process.

The following inter partes requests were made:

(1)   95/001,412 (electronically filed) – U.S. Patent No. 6,961,191 owned by Fujifilm Corporation and entitled SINGLE FOCUS LENS.  Filed August 2, 2010 by Largan Precision Co., Ltd.

(2)   95/001,413 (electronically filed) – U.S. Patent No. 7,148,850 owned by Fractus, S.A. and entitled SPACE-FILLING MINIATURE ANTENNAS.  Filed August 4, 2010 by Samsung Electronics Co., Ltd.  The ‘850 patent (along with the ‘822 patent – see below) is currently the subject of a litigation styled Fractus, S.A. v. Samsung Electronics Co., Ltd. (E.D. Tex., Case No. 6:09-cv-00203-LED-JDL, filed May 5, 2009).

(3)   95/001,414 (electronically filed) – U.S. Patent No. 7,202,822 owned by Fractus, S.A. and entitled SPACE-FILLING MINIATURE ANTENNAS.  Filed August 4, 2010 by Samsung Electronics Co., Ltd.  The ‘822 patent (along with the ‘850 patent – see above) is currently the subject of a litigation styled Fractus, S.A. v. Samsung Electronics Co., Ltd. (E.D. Tex., Case No. 6:09-cv-00203-LED-JDL, filed May 5, 2009).

(4)   95/001,415 (electronically filed) – U.S. Patent No. 6,923,789 owned by Playtex Products, Inc. and entitled MULTIPLE-COMPONENT TAMPON APPLICATOR.  Filed August 5, 2010 by The Procter & Gamble Company.

(5)   95/001,416 (electronically filed) – U.S. Patent No. 6,514,187 owned by Kimberly-Clark and entitled FOLDING AND MANUFACTURE OF PANTS.  Filed August 6, 2010.

(6)   95/000,559 (paper filed) – U.S. Patent No. 7,595,764 owned by Electronic Controlled Systems, Inc. and entitled ENCLOSED MOBILE/TRANSPORTABLE SATELLITE ANTENNA.  Filed July 19, 2010 by Winegard Company.

And the following ex parte requests were made:

(1)   90/011,127 (electronically filed) – U.S. Patent No. 5,365,113 owned by Hitachi, Ltd. and entitled SEMICONDUCTOR DEVICE.  Filed August 2, 2010.

(2)   90/011,128 (electronically filed) – U.S. Patent No. 6,183,790 owned by Pactiv Corporation and entitled MODIFIED ATMOSPHERE PACKAGE.  Filed August 2, 2010 by Multisorb Technologies, Inc.  The ‘790 patent (along with the ‘142, ‘457 and ‘905 patents – see below) is currently the subject of a litigation styled Pactiv Corporation v. Multisorb Technologies, Inc. (N.D. Ill., Case No. 1:10-cv-00461, filed Jan. 22, 2010).

(3)   90/011,129 (electronically filed) – U.S. Patent No. 7,732,593 owned by the University of Massachusetts and entitled METHODS AND COMPOSITIONS FOR CONTROLLING EFFICACY OF RNA SILENCING.  Filed August 2, 2010.

(4)   90/011,130 (electronically filed) – U.S. Patent No. 5,811,142 owned by Pactiv Corporation and entitled MODIFIED ATMOSPHERE PACKAGE FOR CUT OF RAW MEAT.  Filed August 3, 2010 by Multisorb Technologies, Inc.  The ‘142 patent (along with the ‘790, ‘457 and ‘905 patents – see above and below) is currently the subject of a litigation styled Pactiv Corporation v. Multisorb Technologies, Inc. (N.D. Ill., Case No. 1:10-cv-00461, filed Jan. 22, 2010).

(5)   90/011,131 (electronically filed) – U.S. Patent No. 5,948,457 owned by Pactiv Corporation and entitled MODIFIED ATMOSPHERE PACKAGE.  Filed August 3, 2010 by Multisorb Technologies, Inc.  The ‘457 patent (along with the ‘790, ‘142 and ‘905 patents – see above and below) is currently the subject of a litigation styled Pactiv Corporation v. Multisorb Technologies, Inc. (N.D. Ill., Case No. 1:10-cv-00461, filed Jan. 22, 2010).

(6)   90/011,132 (electronically filed) – U.S. Patent No. 6,231,905 owned by Pactiv Corporation and entitled SYSTEM AND METHOD OF MAKING A MODIFIED ATMOSPHERE PACKAGE COMPRISING AN ACTIVIATED OXYGEN SCAVENGER FOR PACKAGING MEAT.  Filed August 3, 2010 by Multisorb Technologies, Inc.  The ‘905 patent (along with the ‘790, ‘142 and ‘457 patents – see above) is currently the subject of a litigation styled Pactiv Corporation v. Multisorb Technologies, Inc. (N.D. Ill., Case No. 1:10-cv-00461, filed Jan. 22, 2010).

(7)   90/011,133 (electronically filed) – U.S. Patent No. 7,609,844 owned by Wayne Lederer and entitled NOISE ATTENUATING HEADSET.  Filed August 3, 2010.

(8)   90/011,134 (electronically filed) – U.S. Patent No. 6,013,398 owned by Renesas Technology Corp. and entitled PHOTOMASK AND PATTERN FORMING METHOD EMPLOYING THE SAME.  Filed August 3, 2010.

(9)   90/011,135 (electronically filed) – U.S. Patent No. 5,421,442 owned by Interroll Holding, A.G. and entitled ROLLER WITH TAPERED SHUTTLE.  Filed August 4, 2010.

(10)              90/011,136 (electronically filed) – U.S. Patent No. 7,320,691 owned by Pacific Bioscience Laboratories and entitled APPARATUS AND METHOD FOR ACOUSTIC/MECHANICAL TREATMENT OF EARLY STAGE ACNE.  Filed August 4, 2010.

(11)              90/011,137 (electronically filed) – U.S. Patent No. 7,603,024 owned by Samsung Electronics Co., Ltd. and entitled APPARATUS FOR STORING AND SEARCHING AUDIO/VIDEO DATA CONTAINING ADDITIONAL INFORMATION.  Filed August 4, 2010.

(12)              90/011,138 (electronically filed) – U.S. Patent No. 5,684,450 owned by Amperion, Inc. and entitled ELECTRICITY DISTRIBUTION AND/OR POWER TRANSMISSION NETWORK AND FILTER FOR TELECOMMUNICATION OVER POWER LINES.  Filed August 5, 2010.

(13)              90/011,139 (electronically filed) – U.S. Patent No. 5,929,750 owned by Amperion, Inc. and entitled TRANSMISSION NETWORK AND FILTER THEREFOR.  Filed August 5, 2010.

(14)              90/011,140 (electronically filed) – U.S. Patent No. 5,933,071 owned by Amperion, Inc. and entitled ELECTRICITY DISTRIBUTION AND/OR POWER TRANSMISSION NETWORK AND FILTER FOR TELECOMMUNICATION OVER POWER LINES.  Filed August 5, 2010.

(15)              90/011,141 (electronically filed) – U.S. Patent No. 6,230,916 owned by the Bradford Company and entitled COLLAPSIBLE CONTAINER WITH INTEGRALLY SUPPORTED DUNNAGE.  Filed August 5, 2010 by Conteyor North America, Inc.  The ‘916 patent (along with the ‘096 patent –see below) is currently the subject of a litigation styled Bradford Company v. AFCO Manufacturing (S.D. Ohio, 1:05-cv-00449-SSB, filed July 1, 2005).

(16)              90/011,142 (electronically filed) – U.S. Patent No. 6,540,096 owned by the Bradford Company and entitled COLLAPSIBLE CONTAINER WITH INTEGRALLY SUPPORTED DUNNAGE AND SIDE ENTRY.  Filed August 5, 2010 by Conteyor North America, Inc.  The ‘096 patent (along with the ‘916 patent – see above) is currently the subject of a litigation styled Bradford Company v. AFCO Manufacturing (S.D. Ohio, 1:05-cv-00449-SSB, filed July 1, 2005).

(17)              90/011,143 (electronically filed) – U.S. Patent No. 7,759,543 entitled NUCLEOTIDE SEQUENCES MEDIATING PLANT MALE FERTILITY AND METHOD OF USING SAME.  Filed August 5, 2010.

(18)              90/011,144 (electronically filed) – U.S. Patent No. 7,759,544 owned by Pioneer Hi-Bred International, Inc. and entitled NUCLEOTIDE SEQUENCES MEDIATING PLANT MALE FERTILITY AND METHOD OF USING SAME.  Filed August 5, 2010 by the patent owner.

(19)              90/011,145 (electronically filed) – U.S. Patent No. 6,290,976 owned by Bella Bella, Inc. and entitled FACIAL SKIN DERMABRASION CLEANSING AND CONDITIONING COMPOSITION.  Filed August 6, 2010.

(20)              90/011,146 (electronically filed) – U.S. Patent No. 6,032,859 owned by Card Activation Technologies, Inc. and entitled METHOD FOR PROCESSING DEBIT PURCHASE TRANSACTIONS USING A COUNTER-TOP TERMINAL SYSTEM.  Filed August 6, 2010.  The ‘859 patent is currently the subject of five litigations, styled: (1) Card Activation Technologies, Inc. v. Barnes & Noble, Inc. (N.D. Ill., Case No. 1:07-cv-01230, filed Mar. 2, 2007); (2) Card Activation Technologies, Inc. v. Chico’s, Inc. (N.D. Ill., Case No. 1:09-cv-03199, filed May 28, 2009); (3) Card Activation Technologies, Inc. v. Big Lots, Inc. (N.D. Ill., Case No. 1:09-cv-03200, filed May 28, 2009); (4) Stored Value Solutions, Inc. v. Card Activation Technologies, Inc. (D. Del., Case No. 1:09-cv-00495-JJF-LPS, filed July 8, 2009); and (5) Card Activation Technologies, Inc. v. Fashion Bug (W.D. Mo., Case No. 4:10-cv-00117-FJG, filed Feb. 8, 2010).

(21)              90/011,147 (electronically filed) – U.S. Patent No. 6,662,843 owned by Illinois Tool Works, Inc. and entitled APPARATUS FOR APPLYING TAPE WITH FASTENER PROFILES TO A WEB.  Filed August 6, 2010 by the patent owner.

(22)              90/011,148 (electronically filed) – U.S. Patent No. 5,600,766 owned by IBM and entitled METHOD AND APPARATUS FOR STORING AND DISPLAYING A POWER-ON GRAPHICAL IMAGE.  Filed August 6, 2010.

(23)              90/009,782 (paper filed) – Information not currently available.

(24)              90/009,783 (paper filed) – U.S. Patent No. 5,927,341 owned by Ina Acquisition Corp. and entitled LINING OF “TEES” AND “WYES” IN PIPELINES OR PASSAGEWAYS.  Filed July 21, 2010.

(25)              90/009,788 (paper filed) – U.S. Patent No. 7,163,727 owned by Toray Plastics (America), Inc. and entitled MULTI-LAYER BARRIER FILM STRUCTURE.  Filed July 26, 2010.

(26)              90/009,789 (paper filed) – U.S. Patent No. 6,189,787 owned by Robert Dorf and entitled MULTIFUNCTIONAL CARD SYSTEM.  Filed July 22, 2010.

(27)              90/009,790 (paper filed) – U.S. Patent No. 7,738,672 entitled TECHNIQUES FOR VERIFYING THE AUTHENTICITY OF THE STEEL STAMPED INFORMATION ON AN ENGINE PAD OF A CLASSIC AUTOMOBILE AND APPARATUS THEREFOR.  Filed July 29, 2010.

(28)              90/009,791 (paper filed) – U.S. Patent No. 6,582,462 owned by Edwards Lifesciences Corporation and entitled VALVE PROSTHESIS FOR IMPLANTATION IN THE BODY AND A CATHETER FOR IMPLANTING SUCH VALVE PROSTHESIS.  Filed July 29, 2010 by Medtronic, Inc.

Tags: ex parte requests, Federal Circuit, inter partes requests, Official Gazette, PAIR, Reexamination Requests, Scott Daniels, USPTO, Westerman Hattori Daniels & Adrian

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