Ivera Medical Corporation vs. Hospira, Inc.

On July 21, 2015, the U.S. District Court for the Southern District of California granted Ivera Medical Corporation’s (Plaintiff’s) motion in limine to preclude evidence of the PTAB’s decision to institute an inter partes review of the patent-in-suit.  The patent-in-suit, namely, U.S. Patent No. 8,740,864 (“the ‘864 Patent”), relates to a patient fluid line access valve antimicrobial cap/cleaner.  In the underlying case, the Plaintiff asserts that Hospira, Inc. (“Defendant”) infringed claims of the ‘864 Patent.  Although the PTAB instituted an inter partes review of the ‘864 Patent, the case settled and the IPR proceedings were dismissed.  The court determined that because the parties never fully briefed the issues, the PTAB never rendered a final decision, and because of the different standard of review at the PTAB, the institution of the inter partes review has little probative value.  Defendant opposed the motion, arguing that the inter partes proceedings are part of the patent prosecution history and probative of the relevance of various prior art documents.  The court, however, was not persuaded by Defendant’s argument, and granted Plaintiff’s motion to preclude the evidence of the inter partes review.  The case remains pending and is captioned 14-cv-1345-H-RBB.

By:  Jacqueline A. DiRamio

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