Medical Device Daily

The U.S. Patent and Trademark Office (USPTO) has affirmed the validity of I-Flow's (Lake Forest, California) patent covering the ON-Q compact collapsible infusion devices.

On July 14, the USPTO completed the reexamination proceeding of I-Flow's U.S. Patent No. 5,284,481, upholding I-Flow's patent and issuing a reexamination certificate. I-Flow continues to enforce its patent rights against Apex Medical Technologies (San Diego) and its president, Mark McGlothlin, in the U.S. District Court for the Southern District of California. I-Flow is also enforcing its patent rights against distributors of Apex's Solace Pump, including Zone Medical (Ormeau, Australia).

In other news, the Court in the Southern District of California denied defendants' motion for summary judgment of non-infringement due to intervening rights. Apex, McGlothlin and Zone had asked the court to limit the amount of patent infringement damages, but the court denied Apex's request. I-Flow said it is also vigorously moving forward in the case to protect its trade secrets. The trial is scheduled to begin in late August.

"The patent office confirmation of the validity of our patent paves the way for us to enforce our strong patent rights against Apex and others," said Donald Earhart, chairman, president/CEO of I-Flow. "We are pleased that I-Flow will now have its day in court and remain confident that the jury will recognize the innovation in our ON-Q pump and stop Apex from violating our patent and misappropriating our trade secrets."

I-Flow develops drug delivery systems and products for post-surgical pain relief and surgical site care.