EVM Systems, LLC has filed a new lawsuit targeting Rex Medical, L.P. and Argon Medical Devices, Inc. The lawsuit alleges infringement of U.S. Patent No. 8,052,670, entitled “Medical Device With Slotted Memory Metal Tube.” According to the ’670 Patent, the patent “generally relates to an instrument which uses a slotted memory metal tube to perform or assist in various medical procedures.” ’670 Patent, col. 1, lines 17-19. Figure 1A from the ’670 Patent is shown below:
According to the ’670 Patent, Figure 1A illustrates a “memory metal tube 11 with four slots 12 near the distal end. The slots 12 create a balloon-shaped structure which can be used as a retrieval basket for small particles 14, with a closure around the caught particle due to the concave shape of the inner wall of the memory metal tube 11.” ’670 Patent, col. 3, lines 32-37.
EVM Systems alleges that Rex Medical’s Option™ Vena Cava Filter infringes the ’670 Patent. EVM Systems is a subsidiary of Acacia Research Corporation and has sued a number of medical device companies in the past several years, including Boston Scientific, Cordis Corporation, and Abbott Laboratories. According to the complaint, Rex Medical is based in Pennsylvania, and Rex Medical’s distributor, Argon Medical Devices, is based in Texas. The complaint and asserted patents are available here.