Apieron Alleges Evidence Shows Aerocrine Inventors Withheld Prior Art Information from Patent Office
Apieron, Inc. Files Motion to Add Additional Invalidity Challenge to Aerocrine Patent
MENLO PARK, CALIF., Nov 18, 2009 – Apieron, Inc. has asked the court presiding over its patent suit against Aerocrine, Inc. to allow it to raise additional grounds for invalidating Aerocrine’s broadest patent relating to exhaled nitric oxide, U.S. Patent No. 5,922,610.
In its motion, Apieron alleges that recently obtained deposition testimony and interrogatory responses indicate that Drs. Kjell Alving, Jan Lundberg, and Edward Weitzberg, inventors named on the ’610 patent, were in possession of information material to the patentability of their invention—namely, the prior invention in the United States of the claimed subject matter by Dr. Benjamin M. Gaston—yet intentionally failed to disclose this information to the United States Patent and Trademark Office.
For its part, Aerocrine has asked the court to procedurally block Apieron from raising the new allegations, which it claims are not stated with the requisite specificity. Redacted versions of the parties' pleadings and exhibits are publicly available via the website of the U.S. District Court for the District of Delaware.
About Apieron Inc.
Apieron Inc. is a private, venture-backed medical device company based in Menlo Park, CA that was formed in early 2001 to develop a simple-to-use, non-invasive monitor for the measurement of exhaled nitric oxide (eNO) for the management of asthma. The Apieron biosensor technology platform utilizes a patented technology that allows for the highly sensitive detection of selected analytes like eNO. Apieron is committed to collaborating with physicians and patients to develop innovative medical solutions to improve quality of life and standards of care.
Contact:
Holly McGarraugh
510-282-2852