The US Patent and Trademark Office (USPTO) upholds I-Flow Corporation (I-Flow)'s patent and court rules in I-Flow's favor in the case against Apex Medical Tech., Zone Medical and McGlothlin. The USPTO affirms the validity of I-Flow’s patent covering the ON-Q compact collapsible infusion devices.
On July 14, 2009, the USPTO completed the reexamination proceeding of I-Flow’s US Patent No. 5,284,481, upholding I-Flow’s patent and issuing a Reexamination Certificate.
I-Flow continues to enforce its patent rights against Apex Medical Technologies, Inc. and its president, Mark McGlothlin, in the US District Court for the Southern District of California. I-Flow is also enforcing its patent rights against distributors of Apex’s Solace Pump, including Zone Medical, LLC.
In other news, the court in the Southern District of California denied defendants’ motion for summary judgment of non-infringement due to intervening rights. Apex, McGlothlin and Zone had asked the Court to limit the amount of patent infringement damages, but the Court denied Apex’s request. I-Flow is also vigorously moving forward in the case to protect its valuable trade secrets. The trial is scheduled to begin in late August.