A Medical Device Daily

CryoCor (San Diego), developing treatments for cardiac arrhythmias, said it has filed a complaint with the U.S. International Trade Commission (ITC) alleging that CryoCath Technologies (Montreal, Quebec) has engaged in unfair trade practices by infringing on several CryoCor patents with its cryoablation system. It is asking the ITC to issue an exclusion order to bar the importation into the U.S. of infringing CryoCath cryoablation products.

CryoCor’s complaint covers three patents licensed to CryoCor in uses related to its Cardiac Cryoablation System, including those covering pre-cooling technologies that CryoCor says are important to CryoCath’s cryoablation system.

CryoCor said that if the ITC accepts the complaint, it will institute a formal Section 337 investigation on a fast track, typically within 15 months of complaint submission. It said that if the ITC finds infringement by CryoCath products imported into the U.S., the ITC may order that CryoCath’s cryoablation system be completely excluded from U.S. import.

Ed Brennan, PHD, president/CEO of CryoCor, said, “Importantly, an ITC investigation has a fast timeline for completion ... . We expect to hear from the ITC within 30 days and will provide an update upon their response.”

In other patent news: Two consumer groups say they will continue their challenge of three overreaching patents on human stem cells held by the Wisconsin Alumni Research Foundation (WARF; Madison) despite a non-final decision by the U.S. Patent and Trademark Office allowing three amended claims in one of the disputed patents (Medical Device Daily, Feb. 29, 2008).

The Foundation For Taxpayer and Consumer Rights (FTCR; Santa Monica, California) and the Public Patent Foundation (PUBPAT; New York) said they would appeal any later final decision by the examiner supporting the claims to the Patent and Trademark Office’s Board of Appeals.

“We won the first round when the PTO rejected all claims of the ‘780,’806 and ‘913 patents,” said John Simpson, FTCR Stem Cell project director. “Now WARF has won the second round with respect to just one of the patents, but the battle is hardly over. We’re in this for the longhaul.”

The two groups noted that the patent challenge has improved the situation for stem cell researchers; shortly after the PTO said it would re-examine the three patents, WARF said a substantial easing of its licensing requirements.

“WARF executives were acting like arrogant bullies blinded by dollar signs,” said Simpson. “Our challenge has engendered a more co-operative stance on their part.”