ALJ Pender Denies Motion To Amend The Priority Date In Certain Sleep-Disordered Breathing Treatment Systems (337-TA-890)

On February 4, 2014, ALJ Thomas B. Pender issued the public version of Order No. 10 (dated January 24, 2014) in Certain Sleep-Disordered Breathing Treatment Systems and Components Thereof (Inv. No. 337-TA-890).

According to the Order, Complainants ResMed Corp., ResMed Inc., and ResMed Ltd. (collectively, “ResMed”) filed a motion to amend the priority date they submitted with respect to U.S. Patent No. 7,926,487 (the ‘487 Patent).  ResMed argued that one of the named inventors for the ‘487 patent provided additional information that would support a conception and reduction to practice date for the ‘487 patent of June 15, 1999, which is earlier than the May 15, 2000 priority date identified in ResMed’s Priority Date Disclosure.  ResMed asserted that it did not have an opportunity to meet with the named inventor until November 4, 2013, which was several weeks after it submitted its Priority Date Disclosure on October 11, 2013.

ALJ Pender held that ResMed failed to show good cause to amend its Priority Date Disclosure.  ALJ Pender noted that ResMed knew of its obligation to disclose priority dates for the asserted patents as early as August 23, 2013.  ALJ Pender determined that ResMed failed to explain why ResMed did not contact the named inventor prior to the priority date disclosure deadline of October 11, 2013.  ALJ Pender further noted the Respondents would suffer some prejudice.  Accordingly, ALJ Pender denied ResMed’s Motion to Amend the Priority Date.

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