|By Marketwired .||
|April 10, 2014 05:00 AM EDT||
SAN DIEGO, CA -- (Marketwired) -- 04/10/14 -- The U.S. District Court for the Southern District of California has denied a motion by Hospira, Inc. to stay Ivera's patent infringement lawsuit asserting infringement of three U.S. patents owned by Ivera (U.S. Patent No. 7,780,794; U.S. Patent No. 7,985,302; and U.S. Patent No. 8,206,514). Ivera has also asserted these patents against Excelsior Medical Corporation and Catheter Connections, Inc., and the cases are set to go to trial in San Diego starting this July. Ivera Medical has also announced that it will appeal the United States Patent and Trademark Office (USPTO) decision on three inter partes reexamination proceedings filed by Excelsior Medical against the asserted patents.
"Ivera is pleased that the Court has denied Hospira's motion to stay the litigation, and we look forward to bringing these cases to trial this summer," said Bob Rogers, CEO of Ivera Medical. "While we are disappointed in the outcome of the reexamination proceedings, the patent process is long and we are confident in our position on appeal. Four USPTO examiners have previously reviewed this material and in both the initial allowance and in an ex parte reexamination proceeding initiated by Excelsior, those examiners reached conclusions in our favor. This latest examiner, now the 5th to review these patents, has decided not to consider materials we believe are relevant. It is important to note that this examiner's action is called a 'Right to Appeal' and we fully expect validation of our patents in that appeal."
Ivera Medical was the pioneer in the port protector market, introducing Curos® and filing many of the first patents in this market space. Since then, Ivera has several issued patents and many more pending, in the US and around the world. Ivera has recently announced two significant events having nothing to do with the aforementioned patents that positively impact its intellectual property position in the disinfecting cap space. On February 19, the USPTO allowed a seminal patent in this space, for which Ivera has an exclusive license (see http://www.curos.com/ivera-medical-announces-allowance-key-patent-uspto/). And, on February 20, 2014, Excelsior Medical's application for an inter partes review of another patent licensed by Ivera was denied, leaving Excelsior a separate patent to overcome (see http://www.curos.com/us-patent-office-upholds-ivera-medical-patent-excelsior-medical-petition-denied/).
"Being the leaders in this product space, we have taken the initiative to build a strong patent portfolio that covers many different innovations. We believe our portfolio will continue to provide us the protection our first-to-market products have earned."
About Ivera Medical
Ivera Medical Corporation, a certified Minority Business Enterprise (MBE), is focused on the design, development, manufacture, marketing and sale of products that help healthcare providers reduce facility-acquired patient infections. Curos, manufactured in Carlsbad, CA, is the first disinfecting cap to be marketed in the U.S. and has received FDA's 510(k) market clearance. For more information about Curos and Ivera Medical, visit the website at www.curos.com
Vice President, Business Development
Ivera Medical Corp.