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Patent landscape, scope, and claims: |
United States Patent 8,573,209: A Detailed Analysis of Scope, Claims, and Patent Landscape
Introduction
The United States Patent 8,573,209, titled "Gas Delivery Device And System," was issued on November 5, 2013, to INO Therapeutics LLC. This patent is part of a broader portfolio related to gas delivery systems, particularly those used in medical applications. Here, we will delve into the scope, claims, and the surrounding patent landscape of this patent.
Background and Inventors
The patent was invented by Duncan P. and others, and it is associated with the development of gas delivery devices, specifically those used for delivering nitric oxide, a critical therapeutic gas in medical settings[4].
Scope of the Patent
The scope of U.S. Patent 8,573,209 revolves around a gas delivery device and system designed to ensure safe and efficient delivery of therapeutic gases. The patent covers various components and functionalities, including:
- Gas Source and Valve System: The patent describes a system that includes a gas source, a valve attachable to the gas source, and a valve actuator to open or close the valve[1][4].
- Safety Features: It includes safety features such as emitting an alarm related to the valve status and terminating the delivery of the therapy if certain conditions are not met[1].
- Data Provision: The system also provides gas data, which can be encoded on a bar code[1].
Claims of the Patent
The patent contains multiple claims that define the scope of the invention. Here are some key claims:
- Independent Claims: These claims define the core invention, including the gas delivery device and the system as a whole. For example, Claim 1 might describe the overall system comprising a gas source, a valve, and a valve actuator[4].
- Dependent Claims: These claims build upon the independent claims and add additional features or limitations. For instance, dependent claims might specify the type of gas being delivered (e.g., nitric oxide) or the specific safety features implemented[1].
Patent Landscape and Related Patents
The patent 8,573,209 is part of a larger family of patents related to gas delivery systems. Here are some key points about the patent landscape:
- Related Patents: Other patents in this family include U.S. Patent Nos. 8,282,966, 8,293,284, 8,431,163, 8,795,741, 8,846,112, 8,776,794, 8,776,795, 9,265,911, and 9,295,802. These patents collectively cover various aspects of gas delivery systems, including hardware, software, and safety features[2][4].
- Continuation Patents: Some of these patents, such as the '911 patent and the '802 patent, are continuations of earlier patents, indicating ongoing development and refinement of the technology[2].
Litigation and Validity Challenges
The patent has been involved in several legal disputes, particularly in the case of Mallinckrodt Hospital Products IP Ltd. v. Praxair Distribution, Inc.:
- Infringement Allegations: Mallinckrodt and its affiliates alleged that Praxair infringed upon the claims of the '209 patent, among others. However, the court ultimately found that Praxair did not infringe these patents[4].
- Validity Challenges: The defendants challenged the validity of the patents under 35 U.S.C. ยง 101, arguing that some of the patents were invalid due to lack of patentable subject matter. However, the '209 patent was not found invalid under these grounds[4].
Impact on Innovation and Industry
The scope and claims of the '209 patent, along with related patents, have significant implications for the medical gas delivery industry:
- Innovation Incentives: The patent landscape in this area can influence innovation by setting boundaries and encouraging further development. However, overly broad patents can stifle innovation by increasing licensing and litigation costs[3].
- Competition: The presence of multiple patents in this space indicates a competitive environment where companies are continually improving and expanding their technologies to stay ahead[2].
Metrics for Patent Scope
Research has shown that metrics such as independent claim length and independent claim count can be used to measure patent scope. Narrower claims, as seen in the '209 patent after examination, are associated with a higher probability of grant and a shorter examination process[3].
Examination Process
The examination process for the '209 patent, like many others, involved narrowing the scope of the claims. This process ensures that the patent is specific and does not overly broaden the scope of the invention, which could lead to validity challenges[3].
Conclusion and Key Takeaways
- Scope and Claims: The '209 patent covers a gas delivery device and system with specific safety features and data provision.
- Patent Landscape: It is part of a larger family of patents related to gas delivery systems, with several related patents and continuation patents.
- Litigation: The patent has been involved in significant litigation, with challenges to its validity and infringement allegations.
- Impact on Industry: The patent influences innovation and competition in the medical gas delivery industry.
- Metrics and Examination: The patent's scope was refined during the examination process, aligning with broader trends in patent examination.
Key Takeaways
- The '209 patent is crucial for ensuring safe and efficient delivery of therapeutic gases.
- It is part of a complex patent landscape involving multiple related patents.
- Litigation has played a significant role in defining the boundaries of this patent.
- The patent's scope and claims have been refined through the examination process.
- It impacts innovation and competition in the medical gas delivery industry.
FAQs
Q: What is the main subject of U.S. Patent 8,573,209?
A: The main subject is a gas delivery device and system, particularly for delivering therapeutic gases like nitric oxide.
Q: Who are the inventors of the '209 patent?
A: The inventors include Duncan P. and others associated with INO Therapeutics LLC.
Q: What are some of the key claims of the '209 patent?
A: Key claims include the overall system comprising a gas source, a valve, and a valve actuator, as well as specific safety features and data provision.
Q: Has the '209 patent been involved in any significant litigation?
A: Yes, it was part of the Mallinckrodt Hospital Products IP Ltd. v. Praxair Distribution, Inc. case, where infringement and validity were challenged.
Q: How does the '209 patent impact the medical gas delivery industry?
A: It influences innovation by setting boundaries and encouraging further development, and it affects competition by defining the technological landscape.
Cited Sources
- Exhibit D - Regulations.gov
- Case 1:15-cv-00170-GMS Document 156 Filed 08/02/16
- Patent Claims and Patent Scope - SSRN
- Mallinckrodt Hosp. Prods. IP Ltd. v. Praxair Distribution, Inc. - Casetext
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