Morrison & Foerster Achieves Reexamination Success for Beckman in the U.S. Patent and Trademark Office
SAN FRANCISCO (July 14, 2009) – Morrison & Foerster successfully defended validity of a clinical test patent for client Beckman Coulter Inc. (Beckman) in a reexamination in the U.S. Patent and Trademark Office (PTO). Beckman’s U.S. patent No. 5,418,141 (’141 patent) is directed to a particular prothrombin time asaay, which is a widely-used clinical test administered for a number of purposes, including determining the bleeding susceptibility of patients undergoing surgery and monitoring patients in anti-cogulation therapy.
In the reexamination of the ’141 patent, the Examiners initially rejected it, alleging obviousness over a number of prior art references. Morrison & Foerster was then able to convince the Examiners to withdraw all obviousness rejections. On July 7, 2009, the PTO issued a Notice of Intent to Issue Reexamination Certificate (NIRC), confirming patentability of several original claims, and allowing several amended and newly added claims.
Beckman General Patent Counsel Michael C. Schiffer and Morrison & Foerster partner Peng Chen represented Beckman in the reexamination of the ’141 patent, with assistance from associate Cary Miller.