5:03-cv-00832 | Kinetic Concepts, et al v. Bluesky Medical Corp, et al

View Complaint

Causes of Action

Breach of Contract

Other

Trademark

Unfair Competition

Willful Patent Infringement

Market Sector

Medical

Court

Western District of Texas

Assigned Judge

W. Royal Furgeson, Jr

Outcome Summary

View Outcome Details

Overview

Validity and Enforceability Details

Infringement Details

Patent Information

Patents-in-Suit

Validity & Enforceability

US 5,636,643 A Enforceable

16 Details

Claim #	Claim Text	Outcome
1	An appliance for administering a reduced pressure treatment to a would comprising: (a) an impermeable cover adapted to cover and enclose the wound and adapted to maintain reduced pressure at the site of the wound; (b) a seal adapted to seal said cover to tissue surrounding the wound; (c) reduced pressure supply means for connection to a source of suction, said reduced pressure supply means cooperating with said cover to supply said reduced pressure beneath said cover; and (d) a screen adapted to prevent overgrowth of wound tissue, said screen being located between said wound and said cover. view more	Enforceable and Valid (102 and 103) Entry 750
2	The appliance as recited in claim 1 wherein said screen comprises a porous sheet.	Enforceable and Valid (102 and 103) Entry 750
3	The appliance as recited in claim 1 wherein said seal includes an adhesive material on the cover adapted to secure said cover to the tissue surrounding the wound.	Enforceable and Valid (102 and 103) Entry 750
6	An apparatus for treating a wound comprising: (a) a vacuum system adapted to produce a reduced pressure, wherein said vacuum system includes a collection device for collecting fluid aspirated from the wound, wherein said collection device includes means for halting said application of reduced pressure to the wound when said fluid exceeds a predetermined quantity; and (b) a reduced pressure appliance operably connected with said vacuum system adapted to apply said reduced pressure to the wound, the appliance including: (i) an impermeable cover adapted to cover and enclose the wound and adapted to maintain reduced pressure at the site of the wound; (ii) a seal adapted to seal said cover to tissue surrounding the wound; and (iii) reduced pressure supply means for connection with the vacuum system adapted to supply said reduced pressure within said cover to the wound. view more	Enforceable and Valid (102 and 103) Entry 750
7	The apparatus as recited in claim 6 wherein said reduced pressure is from about 2 in. Hg below atmospheric pressure to about 7 in. Hg below atmospheric pressure.	Enforceable and Valid (102 and 103) Entry 750
8	The apparatus of claim 6 wherein said reduced pressure supply means comprises a length of tubing, said collection device comprises an aspirating container connected along said length of tubing between said vacuum system and cover, and said halting means comprises a flotation valve within said aspirating container for blocking said tubing when a predetermined amount of fluid is collected within said container. view more	Enforceable and Valid (102 and 103) Entry 750
11	A method treating a wound comprising the steps of: (a) applying a reduced pressure to the wound, wherein said applying step comprises the steps of: (i) placing a porous screen over the wound; (ii) locating an impermeable cover over the wound, said cover having a suction port; (iii) sealing the periphery of said impermeable cover to tissue surrounding the wound; and (iv) operably connecting said suction port with a vacuum system for producing said reduced pressure; and (b) maintaining said reduced pressure until the wound has progressed toward a selected stage of healing. view more	Enforceable and Valid (102 and 103) Entry 750
12	The method as recited in claim 11 wherein said reduced pressure is from about 2 in. Hg below atmospheric pressure to about 7 in. Hg below atmospheric pressure.	Enforceable and Valid (102 and 103) Entry 750
13	A method of treating a wound comprising the steps of: (a) securing an appliance for applying reduced pressure to the wound; and (b) providing reduced pressure to said appliance in alternating intervals of application and non-application.	Enforceable and Valid (102 and 103) Entry 750
14	The method as recited in claim 13 wherein said reduced pressure is from about 2 in. Hg below atmospheric pressure to about 7 in. Hg below atmospheric pressure.	Enforceable and Valid (102 and 103) Entry 750
16	An appliance for administering a reduced pressure treatment to a wound comprising: (a) an impermeable cover adapted to cover and enclose the wound and adapted to maintain reduced pressure at the site of the wound, wherein said cover comprises a flexible sheet; (b) a seal adapted to seal said cover to tissue surrounding the wound; and (c) reduced pressure supply means for connection to a source of suction, said reduced pressure supply means cooperating with said cover to supply said reduced pressure beneath said cover. view more	Enforceable and Valid (102 and 103) Entry 750
26	An apparatus for treating a wound comprising: (a) a vacuum system adapted to produce a reduced pressure, wherein said vacuum system comprises: (i) a vacuum pump; and (ii) a filter for preventing said pump from venting micro-organisms aspirated from the wound; and (b) a reduced pressure appliance operably connected with said vacuum system adapted to apply said reduced pressure to the wound, the appliance including: (i) an impermeable cover adapted to cover and enclose the wound and adapted to maintain reduced pressure at the site of the wound; (ii) a seal adapted to seal said cover to tissue surrounding the wound; and (iii) reduced pressure supply means for connection with the vacuum system adapted to supply said reduced pressure to the wound, wherein said reduced pressure supply means comprises a length of tubing connected between said vacuum system and said cover. view more	Enforceable and Valid (102 and 103) Entry 750
27	The apparatus of claim 26 wherein said filter is connected along said tubing between said pump and said cover for preventing contamination of said pump.	Enforceable and Valid (102 and 103) Entry 750
28	An apparatus for treating a wound comprising: (a) a vacuum system adapted to produce a reduced pressure, wherein said vacuum system comprises control means for cyclically controlling said production of reduced pressure in alternating periods of production and non-production of reduced pressure; and (b) a reduced pressure appliance operably connected with said vacuum system adapted to apply said reduced pressure to the wound, the appliance including: (i) an impermeable cover adapted to cover and enclose the wound and adapted to maintain reduced pressure at the site of the wound; (ii) a seal adapted to seal said cover to tissue surrounding the wound; and (iii) reduced pressure supply means for connection with the vacuum system adapted to supply said reduced pressure to the wound. view more	Enforceable and Valid (102 and 103) Entry 750
29	A method of treating a wound comprising the steps of: (a) applying a reduced pressure to the wound; and (b) maintaining said reduced pressure until the wound has progressed toward a selected stage of healing, wherein said maintaining of said reduced pressure is conducted in alternating periods of application and non-application of the reduced pressure. view more	Enforceable and Valid (102 and 103) Entry 750
32	A method of treating a wound comprising the steps of: (a) applying a reduced pressure to the wound; and (b) maintaining said reduced pressure until the wound has progressed toward a selected stage of healing, wherein said selected stage of healing is a reduction in bacterial density in the wound by at least 50%. view more	Enforceable and Valid (102 and 103) Entry 750

US 5,645,081 A Enforceable

22 Details

Claim #	Claim Text	Outcome
1	An apparatus for facilitating the healing of wounds, comprising: vacuum means for creating a negative pressure between about 0.1 and 0.99 atmospheres on the area of skin including and surrounding the wound; sealing means operatively associated with said vacuum means for maintaining said negative pressure on said wound by contacting the skin surrounding said wound; and screen means for positioning at the wound within the sealing means for preventing the overgrowth of tissue in the wound. view more	Enforceable and Valid (102 and 103 and 112) Entry 750
3	An apparatus according to claim 1, in which said screen means comprises a flat, porous, semi-rigid member.	Enforceable and Valid (102 and 103 and 112) Entry 750
5	An apparatus according to claim 1, in which said sealing means includes a flexible polymer sheet overlying said screen means, said polymer sheet having adhesive on at least a surface facing the wound to attach and seal said polymer sheet to said surrounding skin. view more	Enforceable and Valid (102 and 103 and 112) Entry 750
8	An apparatus according to claim 1, in which said vacuum means includes pump means for providing at least 0.1 pounds suction.	Enforceable and Valid (102 and 103 and 112) Entry 750
9	An apparatus according to claim 1, in which said vacuum means includes a pump means for providing at least 3 pounds suction.	Enforceable and Valid (102 and 103 and 112) Entry 750
10	An apparatus according to claim 1, in which said vacuum means includes a pump means for providing at least 14 pounds suction.	Enforceable and Valid (102 and 103 and 112) Entry 750
11	An apparatus according to claim 1, in which said vacuum means operates continuously.	Enforceable and Valid (102 and 103 and 112) Entry 750
12	An apparatus according to claim 1, in which said vacuum means operates cyclically to provide periods of application and non-application of suction.	Enforceable and Valid (102 and 103 and 112) Entry 750
13	An apparatus according to claim 1 wherein said vacuum means supplies a negative pressure between about 0.3 and 0.99 atmospheres to the wound.	Enforceable and Valid (102 and 103 and 112) Entry 750
27	An apparatus for facilitating the healing of wounds, comprising: vacuum means for creating a negative pressure on the area of skin including and surrounding the wound, wherein said vacuum means operates cyclically to provide periods of application and non-application of suction with the ratio of duration of application period to non-application period between about 1:10 and 10:1; sealing means operatively associated with said vacuum means for maintaining said negative pressure on said wound by contacting the skin surrounding said wound; and screen means for positioning at the wound within the sealing means for preventing the overgrowth of tissue in the wound. view more	Enforceable and Valid (102 and 103 and 112) Entry 750
31	An apparatus according to claim 24, in which said screen means comprises a flat, porous, semi-rigid member.	Enforceable and Valid (102 and 103 and 112) Entry 750
33	An apparatus according to claim 27, in which said sealing means includes a flexible polymer sheet overlying said screen means, said polymer sheet having adhesive on at least a surface facing the wound to attach and seal said polymer sheet to said surrounding skin. view more	Enforceable and Valid (102 and 103 and 112) Entry 750
36	An apparatus according to claim 27, in which said vacuum means includes pump means for providing at least 0.1 pounds suction.	Enforceable and Valid (102 and 103 and 112) Entry 750
37	An apparatus according to claim 27, in which said vacuum means includes a pump means for providing at least 3 pounds suction.	Enforceable and Valid (102 and 103 and 112) Entry 750
54	An apparatus for facilitating the healing of wounds, comprising: vacuum means for creating a negative pressure on the area of skin including and surrounding the wound; sealing means operatively associated with said vacuum means for maintaining said negative pressure on said wound by contacting the skin surrounding said wound; and screen means for positioning at the wound within the sealing means, said screen means having a pore size sufficiently large to prevent the overgrowth of tissue in the wound. view more	Enforceable and Valid (102 and 103 and 112) Entry 750
56	An apparatus according to claim 54, in which said screen means comprises a flat, porous, semi-rigid member.	Enforceable and Valid (102 and 103 and 112) Entry 750
58	An apparatus according to claim 54, in which said cover includes a flexible polymer sheet overlying said screen means, said polymer sheet having adhesive on at least a surface facing the wound to attach and seal said polymer sheet to said surrounding skin. view more	Enforceable and Valid (102 and 103 and 112) Entry 750
61	An apparatus according to claim 54, in which said vacuum means includes pump means for providing at least 0.1 pounds suction.	Enforceable and Valid (102 and 103 and 112) Entry 750
62	An apparatus according to claim 54, in which said vacuum means includes a pump means for providing at least 3 pounds suction.	Enforceable and Valid (102 and 103 and 112) Entry 750
64	An apparatus according to claim 54, in which said vacuum means operates continuously.	Enforceable and Valid (102 and 103 and 112) Entry 750
65	An apparatus according to claim 54, in which said vacuum means operates cyclically to provide periods of application and non-application of suction.	Enforceable and Valid (102 and 103 and 112) Entry 750
66	An apparatus according to claim 65, in which said vacuum means operates cyclically to provide periods of application and non-application of suction with the ratio of duration of application period to non-application period between about 1:10 and 10:1. view more	Enforceable and Valid (102 and 103 and 112) Entry 750

Infringement

Bluesky Medical Corporation

2 Details

Accused Product	Patent #	Claim #	Outcome
Versatile 1 system	US 5,636,643 A	1, 2, 3, 6, 7, 8, 11, 12, 13, 14, 16, 26, 27, 28, 29, 32	No infringement Entry 750
Versatile 1 system	US 5,645,081 A	1, 3, 5, 8, 9, 10, 12, 13, 27, 31, 33, 36, 37, 54, 56, 58, 61, 62, 64, 65, 66	No infringement Entry 750

Medela Ag

2 Details

Accused Product	Patent #	Claim #	Outcome
Versatile 1 system	US 5,636,643 A	1, 2, 3, 6, 7, 8, 11, 12, 13, 14, 16, 26, 27, 28, 29, 32	No infringement Entry 750
Versatile 1 system	US 5,645,081 A	1, 3, 5, 8, 9, 11, 12, 13, 27, 31, 33, 36, 37, 54, 56, 58, 61, 62, 64, 65, 66	No infringement Entry 750

Medela Incorporated

2 Details

Accused Product	Patent #	Claim #	Outcome
Versatile 1 system	US 5,636,643 A	1, 2, 3, 6, 7, 8, 11, 12, 13, 14, 16, 26, 27, 28, 29, 32	No infringement Entry 750
Versatile 1 system	US 5,645,081 A	1, 3, 5, 8, 9, 11, 12, 13, 27, 31, 33, 36, 37, 54, 56, 58, 61, 62, 64, 65, 66	No infringement Entry 750

Richard S. Weston

2 Details

Accused Product	Patent #	Claim #	Outcome
	US 5,636,643 A	1, 2, 3, 6, 7, 8, 11, 12, 13, 14, 16, 26, 27, 28, 29, 32	No infringement Entry 750
	US 5,645,081 A	1, 3, 5, 8, 9, 11, 12, 13, 27, 31, 33, 36, 37, 54, 56, 58, 61, 62, 64, 65, 66	No infringement Entry 750

Kinetic Concepts, et al v. Bluesky Medical Corp, et al DC

Kinetic Concepts, et al v. Bluesky Medical Corp, et al DC

Outcome Summary

Patent Information

Validity & Enforceability

Infringement

Kinetic Concepts, et al v. Bluesky Medical Corp, et al DC

Kinetic Concepts, et al v. Bluesky Medical Corp, et al DC

Outcome Summary

Patent Information

Validity & Enforceability

Infringement

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