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Kinetic Concepts, et al v. Bluesky Medical Corp, et al DC
- 5:03-cv-00832
- W.D. Tex.
- Filed: 08/28/2003
- Closed: 08/29/2006
- Latest Docket Entry: 09/18/2012
- Judge: W. Royal Furgeson, Jr
- PACER
5
Plaintiffs
5
Defendants
1
Accused
Product
3
Patents-in-Suit
1,098
Days in
Litigation
-
Kinetic Concepts, et al v. Bluesky Medical Corp, et al DC
- 5:03-cv-00832
- W.D. Tex.
- Filed: 08/28/2003
- Closed: 08/29/2006
- Latest Docket Entry: 09/18/2012
- Judge: W. Royal Furgeson, Jr
- PACER
Causes of Action
Breach of Contract
Other
Trademark
Unfair Competition
Willful Patent Infringement
Market Sector
Medical
Assigned Judge
Outcome Summary
Patent Information
-
Validity & Enforceability
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
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|
Enforceable and Valid (102 and 103)
Entry 750 |
2 |
The appliance as recited in claim 1 wherein said screen comprises a porous sheet.
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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
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|
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
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|
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,
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|
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
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
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|
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.
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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
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
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|
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
view more
|
Enforceable and Valid (102 and 103)
Entry 750 |
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
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|
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
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.
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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.
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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.
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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.
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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
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
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
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
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.
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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.
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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
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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
|