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VisEn Medical Files Action to Invalidate New Caliper Life Sciences Patent
Wednesday, August 15, 2007
U.S. Patent Office Presented with Documentation Including 15 Prior Art References Demonstrating Patent Invalidity
Woburn, MA -- VisEn Medical, Inc. today filed an inter partes re-examination request with the U.S. Patent and Trademark Office (USPTO) to invalidate and revoke claims of the Caliper Life Sciences patent US 7,255,851, which issued yesterday. VisEn initiated this action as part of its mission to enable leading research, pharmaceutical, and clinical institutions worldwide to develop, apply, and expand their use of fluorescence in vivo imaging from pre-clinical research through clinical medicine. As a basis for the filing, VisEn presented 15 published prior art references demonstrating the invalidity of the '851 patent, the majority of which had not been previously considered by the USPTO.
The claims in the Caliper (formerly Xenogen) '851 patent relate to basic methods in optical in vivo imaging. However, prior to the July 1994 priority date of the '851 patent, numerous investigators worldwide had researched, developed, and published on basic methods, as well as on significant advances, in the field of optical in vivo imaging, including the use of: (i) light- generating systems used to propagate light through tissues; (ii) light- emitting molecules, conjugates, and entities used in vivo to enhance image contrast and specificity; and (iii) instrumentation and methods for the detection and images construction of the emitted light. Collectively, this early research set the foundation for the further development of the optical in vivo imaging technologies now utilized in the fields of research, drug development and healthcare. This early published research also forms the basis for VisEn's filed inter partes re-examination of the '851 patent.
"The field of fluorescence in vivo imaging is already beginning to have a profound impact on the life-science and healthcare space," said Kirtland Poss, President and CEO of VisEn. "Since VisEn's founding, it has been our mission to work with leaders in the field to enable and support continued innovation, application, and expansion of the very best in fluorescence in vivo imaging technology. While we generally respect the contributions of Caliper/Xenogen to the field of bioluminescence imaging, we believe it is clear, and also fundamentally understood in the industry, that that the basic methods of fluorescence in vivo imaging were well known and in use before the priority date of the '851 patent, and therefore that the claims therein are clearly invalid. With this action today, our continued aim is to enable customers and partners in the space to innovate, apply and expand the power of fluorescence in vivo imaging broadly in their programs worldwide. We are confident that the rich history of optical in vivo imaging and the clear sequence of prior art references speak for themselves, and we look forward to continuing the development of all aspects of molecular imaging along with the leadership in the field."
The inter partes re-examination action filed with the USPTO is a matter of public record, and is posted at http://www.visenmedical.com.
About VisEn Medical, Inc.
VisEn Medical, Inc. was founded in 2000 based on fluorescence in vivo imaging technologies initially developed by industry-leading researchers and clinicians at the Massachusetts General Hospital and Harvard Medical School. VisEn develops and commercializes the industry's highest performing fluorescence in vivo imaging technology platforms, from research through medicine. The Company also works directly with large pharmaceutical partners to design ranges of tailored probes and applications that are targeted to their specific research areas. For further information please visit http://www.visenmedical.com.
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