Ivera Medical Corporation, headquartered in San Diego, CA, filed suit today against Excelsior Medical Corporation of Neptune, NJ, for patent infringement by Excelsior’s SwabCap® product. The suit was filed in the U.S. District Court for the Southern District of California in San Diego, CA.
Ivera manufactures, markets, and sells the Curos® Disinfecting Port Protector, a device that disinfects and protects the entry port on certain types of valves used with intravenous lines. The effectiveness of Curos port protectors were tested in vitro against Staphylococcus aureus, Staphylococcus epidermidis, Escherichia coli and Pseudomonas aeruginosa, Candida glabrata, Candida albicans.*
On October 16, 2007, United States Patent No. 7,282,186 (the ‘186 patent) on an invention entitled “Decontamination Device,” was issued by the United States Patent and Trademark Office. The Ivera suit claims Excelsior sells throughout the United States products, including the SwabCap®, which infringe one or more claims of the ‘186 patent. Ivera has been damaged due to these acts of infringement by Excelsior and will continue to suffer irreparable injury unless Excelsior’s activities are enjoined.
Ivera has asked the courts to compel Excelsior to permanently enjoin Excelsior from further infringing the ‘186 patent, require Excelsior to withdraw from distribution all infringing products and to award damages adequate to compensate Ivera for the damages it has suffered as a result of Excelsior’s infringement.
*For more information refer to Wenzel RP and Edmond MB. The Impact of Hospital-Acquired Bloodstream Infections. Emerg Infect Dis. 2001 Mar-Apr;7(2):174-7.