September 9, 2015 – LifeCell Corporation filed a complaint for declaratory judgment of non-infringement and petition for inter partes review against LifeNet Health on September 8, 2015 in the United States District Court for the District of New Jersey and PTAB, respectively. The lawsuit and IPR relate to LifeCell’s allegedly infringing soft tissue grafts known as reconstructive or regenerative tissue matrices. LifeCell and LifeNet were previously in litigation over a patent in the same family as the current patent-in-suit (U.S. Patent No. 6,569,200) – in 2013, a jury returned a verdict that LifeCell infringed the ’200 patent and granted LifeNet an award of $34.7 million. That decision is currently on appeal at the Federal Circuit. The patent at issue in this current litigation and IPR is LifeNet’s U.S. Patent No. 9,125,971, entitled: “Plasticized Bone and Soft Tissue Grafts and Methods of Making and Using Same.” The complaint has been given Civil Action No. 3:15-cv-06701 (D.N.J.). LifeCell is challenging the claims of LifeNet’s ’971 patent in the IPR on the grounds of obviousness. The IPR has been given Case No. IPR2015-01888.
By: Frederick C. Millett