On January 9, 2013 the U.S. District Court for the Southern District of California denied the motions of Excelsior Medical Corporation, Hospira, and Catheter Connections to stay patent litigations related to intellectual property held by Ivera Medical.
Ivera has brought six related patent-infringement-cases asserting three U.S. patents covering disinfecting caps used to disinfect swabbable, luer activated, needlefree valves used as a stand alone device or as a y-site on IV sets. On January 19, 2012, the Court granted the parties’ joint motions to temporarily stay the first two cases pending resolution of ex parte reexaminations of U.S. Patent Nos. 7,780,794 and 7,985,302. Both of those Ivera patents were confirmed after reexamination by the U.S. Patent and Trademark Office.
Ivera’s lawsuits allege that Excelsior’s SwabCap and all products containing SwabCap®, Hospira’s EffectIV™, and Catheter Connections’ DualCap Solo™ infringe three Ivera patents. Each filed similar motions to stay their respective litigations, but the district court found that further delay will not save significant time and resources, and exercised its discretion to deny the stay requests.
This decision clears the way for Ivera’s cases to go forward, with trials expected to occur in the summer of 2014.
Commenting on the District Court ruling, Ivera Medical CEO, Bob Rogers, said, “We are pleased to see the court deny another attempt by our competitors to delay a definitive ruling related to the intellectual property rights reflected in Ivera Medical’s patents. Ivera has worked hard to secure these IP rights. Finally, we can look forward to having ‘our day in court’ where we believe this will lead to a conclusive validation our patents.”