SAN DIEGO, CA -- (Marketwired) -- 02/20/14 -- Ivera Medical Corporation, headquartered in San Diego, CA, announced that the US Patent and Trademark Office (USPTO) denied a petition by Excelsior Medical to review one of the patents relating to disinfecting caps. Excelsior Medical Corporation had filed a petition to institute an inter partes review of US 7,282,186 (the '186 patent) on August 6, 2013. Ivera has alleged infringement of the '186 patent by Excelsior and Covidien. The USPTO was clear in its rejection, saying:
"Upon consideration of the Petition and Preliminary Response, we conclude that Petitioner has not established that there is a reasonable likelihood that it would prevail with respect to at least one of the challenged claims of the '186 patent. For the reasons that follow, the Board does not institute an inter partes review...The Petition does not persuade us that there is a reasonable likelihood that at least one of the challenged claims is unpatentable based on the asserted grounds. We, therefore, deny the petition for inter partes review and decline to institute trial on any of the asserted grounds as to any of the challenged claims."
"We are pleased with the USPTO's decision upholding the validity of this patent," said Bob Rogers, CEO of Ivera Medical. "This patent is just one piece of the broad intellectual property portfolio that we have developed. Denying this petition so firmly is significant and serves as another example that we will aggressively defend our technology against those who operate without respect to our patents. Excelsior had sought to use the inter partes review process to short-circuit Ivera's infringement claims and avoid a trial scheduled for this September. This ruling by the USPTO clears the way for our infringement claims, and we look forward to proving infringement in court."
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