Ivera Medical Announces the USPTO Upheld Key Patents for Disinfecting Port Protector Technology
April 24, 2012
Ivera Medical Corporation announced today that the United States Patent and Trademark Office (USPTO) has reaffirmed the validity of two patents belonging to Ivera. These patents cover key aspects of products used to disinfect intravenous access ports.
Excelsior Medical had requested a reexamination of the two patents by the USPTO, arguing that the patents should be invalidated. The request was filed in reaction to Ivera Medical’s lawsuit in federal district court in San Diego alleging patent infringement by Excelsior Medical’s SwabCap®, SwabFlush™, SwabPack™ and SwabKit® products. Ivera Medical has filed similar patent infringement cases against Hospira’s EffectIV™ and Catheter Connections’ DualCap Solo™ disinfection cap products
Ivera manufactures, markets, and sells the Curos® Port Protector, a device that disinfects and protects the entry port on certain types of valves used with intravenous lines. In August 2010, Ivera was issued U.S. Patent No. 7,780,794, and on July 26, 2011 it was issued U.S. Patent No. 7,985,302. Despite these patents, companies have chosen to continue the manufacture and sale of their disinfection caps.
“In patent infringement cases the defendant typically claims that their product does not infringe the patents and that the asserted patents are not valid,” explained patent attorney Jonathan Hangartner. “In this case, Excelsior elected to ask the USPTO to reexamine Ivera’s patents and requested that both patents be invalidated. After a thorough review, the USPTO has announced it has confirmed the validity of Ivera’s patents, completely rejecting Excelsior’s invalidity defense.”
According to Bob Rogers, chief executive officer of Ivera Medical, “Ivera has invested vast resources in the development of its Curos® Port Protector product line and the intellectual property surrounding it. It is unfortunate that these other manufacturers have chosen to use Ivera’s patented disinfection cap technology without our authorization. We hope an amicable resolution can be reached, but ultimately the Court will decide whether Excelsior, Hospira, and Catheter Connections can continue selling these disinfection caps or whether their sales will be enjoined. We expect a Court ruling in the not too distant future.”
About Ivera Medical
Ivera Medical Corporation is focused on the design, development, manufacture, marketing and sale of products that help healthcare providers reduce hospital-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.
Chief Executive Officer
Ivera Medical Corp.
- April 24, 2012
- Posted by Jamie