On November 27, 2013, Atom Medical International filed a petition with the U.S. Patent Trial and Appeal Board requesting inter partes review of U.S. Patent No. 7,335,157, owned by Draeger Medical Systems. The Petition seeks review of Claims 1-3, 6-9, 11-14, 18, and 23-25 of the ‘157 patent.
The ‘157 patent is entitled “Humidifier Module” and explains that the “disclosure relates to a humidifier module for use with a thermal patient support such as an infant incubator to supply humidified air to a patient resident in the support apparatus.” Figure 1 of the ‘157 patent is shown below:
Atom Medical’s request for inter partes review of the ‘157 patent is the latest chapter in a running dispute between the parties. On September 17, 2012, Draeger filed a patent infringement suit in the Middle District of Florida alleging that Atom Medical’s neonatal incubator products, including the Dual Incu i, infringe several Draeger patents including the ‘157 patent. Draeger also filed a complaint with the U.S. International Trade Commission requesting an investigation of certain infant incubators manufactured by Atom and alleging infringement of Draeger patents including the ‘157 patent.