Invalidity dossier
US 6957107
Method and apparatus for monitoring and communicating with an implanted medical device
Current assignee: Braemar Manufacturing LLC
Added 9/25/2026, 12:53:45 AM
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Patent summary
Title, assignee, inventors, filing/issue dates, abstract, and a plain-language overview of the claims.
I'll search for authoritative information on US 6,957,107 and any 2026 litigation activity.
Let me verify the claim set and check for any 2026 litigation or PTAB activity specific to this patent.
Let me retrieve the actual claim language for US 6,957,107.
US Patent 6,957,107 — Analyst Summary
Search scope note: I checked public sources (Google Patents, the USPTO patent-images PDF, uspto.report, and search results surfacing USPTO/PTAB/CAFC material). I found no evidence of any 2026 Federal Circuit docket activity involving U.S. 6,957,107, and no PTAB proceeding naming it as the challenged patent. I cannot confirm a negative from a keyword search alone, so treat that as "no evidence found," not as a certified absence. One PTAB petition artifact (a document index at ptacts.uspto.gov/ptacts/public-informations/petitions/1557860/) includes the bare string "6957107" in a long list of numbers; that is a list artifact, not a challenge to this patent, and I would not characterize it as litigation activity.
Bibliographic data
| Field | Value (as recorded) |
|---|---|
| Patent number | US 6,957,107 B2 |
| Title | Method and apparatus for monitoring and communicating with an implanted medical device |
| Application no. | 10/099,929 |
| Filed | March 13, 2002 |
| Priority date | March 13, 2002 |
| Issued / granted | October 18, 2005 |
| Pre-grant publication | US 2003/0172940 A1 (Sept. 18, 2003) |
| Inventors | Bobby E. Rogers (San Diego, CA); Lon M. Severe (San Diego, CA); Philip N. Eggers (Poway, CA) |
| Original assignee | CardioNet, Inc. (San Diego, CA) — Google Patents lists original assignee as CardioNet LLC |
| Current assignee (per Google Patents) | Braemar Manufacturing LLC |
| Claims | 19 claims, 13 drawing sheets |
| Primary examiner | Carl Layno |
| PCT / foreign family | PCT/US2003/008050 → WO 2003077752 A1; AU 2003220323 A1 |
| Status | Expired – Lifetime; adjusted expiration recorded as January 30, 2023 (patent term extended under 35 U.S.C. § 154(b) by 323 days over the March 13, 2022 twenty-year date) |
Literal-reading cautions (do not auto-correct):
- The granted patent's front page lists the first inventor as Bobby E. Rogers, but the June 27, 2002 USPTO assignment record for this application lists the assignor as "ROGERS, ROBERT E." These identifiers differ; I am reporting both verbatim rather than harmonizing them.
- Prior-art date is recorded as 2002-03-13 while the Unified Patents record for the companion publication shows a 2002-03-12 priority date (corresponding to the PCT filing carried as priority on 2003-03-12). These dates do not match; I am not reconciling them.
Abstract (verbatim)
"A method and apparatus for communicating with and monitoring the operation of a device implanted within a patient. A transceiver capable of being implanted within a patient provides a communication interface between an implanted medical device and a monitor external to the patient's body. The external monitor can communicate with a remote monitoring center over a communication network. The external monitor also provides control signals to the implanted device via the transceiver unit. The transceiver apparatus is capable of two-way communication between the implanted device and the external monitor. The transceiver apparatus is also capable of detecting actions performed by the implanted device and physiological signals directly from the patient's body. Thus, the transceiver apparatus provides circuitry for determining whether an implanted medical device is operating properly. The transceiver apparatus provides a way to remotely reprogram one or more implanted medical devices."
Plain-language overview of the independent claims
Important limitation on this section: the authoritative full text supplied to me ends partway through the detailed description ("In some embodiments, a periodic interrogation of the implantable transcei…") and does not include the numbered claim set. I therefore could not verify verbatim claim language or which claim numbers are independent. What follows is reconstructed from the patent's "Summary of the Invention," which is drafted in claim-like language and matches the two stated "aspects" of the invention. Treat it as a faithful paraphrase of the claimed subject matter, not as verbatim claim text, and verify claim 1 and the other independent claim(s) directly before relying on them.
Independent Claim type 1 — Transceiver apparatus (appears to correspond to claim 1).
An apparatus for use with (a) a medical device implanted in a living being and (b) an external monitor. It has four cooperating parts:
- a communication system that communicates with both the implanted device and the external monitor;
- a memory that stores digital information;
- a control system that executes instructions held in the memory and manages the communication system; and
- a power supply powering the communication system, control system, and memory.
The distinguishing concept in the specification is that this transceiver is "electronically independent" of the implanted device — i.e., no hard electrical connection, only wireless interface — so it can be implanted alongside a pre-existing IMD without replacing or rewiring that IMD.
Independent Claim type 2 — Implantable transceiver apparatus with sensor and hermetic case (a second independent claim; number unverified).
An implantable transceiver that monitors an implanted device and provides a communication interface to an external monitor. It recites:
- at least one two-way transceiver for communicating with the external monitor and/or the implanted device;
- at least one sensor for detecting stimulus generated by the implanted device and/or by the living being;
- a memory for storing digital information;
- a control system executing stored instructions, managing the two-way transceiver, and managing sensor detection;
- a power supply for the transceiver(s), sensor(s), control system, and memory; and
- a hermetically sealed case suitable for implantation housing the transceiver(s), sensor(s), control system, and memory.
The claimed functional core is the independent observation capability: the implanted transceiver both listens to the IMD's own reports and independently senses physiological signals from the patient, enabling a comparison to determine whether the IMD is performing as it "thinks" it is (specification language).
Whether any method claim is independent is uncertain. The title says "Method and apparatus," and FIG. 7 / FIG. 7A / FIG. 11 describe method flows (remote reprogramming, automatic reprogramming, and medical-personnel notification), but I have no authoritative claim text confirming that independent method claims exist. The dependent-claim universe (19 claims) plausibly covers items such as: Bluetooth and IEEE 802.11b wireless techniques; separate transceiver units for multiple IMDs; ROM/RAM variants (PROM, EPROM, EEPROM, flash, SRAM, DRAM); control system implemented as a programmable logic device, microprocessor, microcontroller, FPGA, or ASIC; induction or motion-based recharging; GPS/relative-position determination; magnetic-field, analog, and digital communication modes for legacy vs. new IMDs; and the multi-contact priority database and escalation logic of FIGS. 9–11. This is inference from the specification, not a reading of claims.
Litigation / docket context
- No 2026 CAFC docket entry for 6,957,107 found. Consistent with the patent's recorded expiration on 2023-01-30, which would end any live infringement claim for post-expiration conduct (though past damages can survive expiration while a suit is pending).
- Historically, the CardioNet / Braemar family was litigated against InfoBionic (D. Mass. 1:15-cv-11803 and 1:17-cv-10445; Fed. Cir. 2020, appeal nos. 2019-1149 and 20-1018) and against Mednet Healthcare Technologies / MedTel 24 (E.D. Pa. 2:12-cv-02516), plus ScottCare (Fed. Cir. 19-2263, 2020). Those cases asserted the '207, '237, '850, '996 and '095 patents — the five patents assigned to Braemar on Dec. 31, 2012. US 6,957,107 is not among those five patents and I found no source asserting it in those actions.
- The 2012 CardioNet→Braemar assignment and the back-license to CardioNet (Braemar retains all other rights) are described in the E.D. Pa. complaint; that chain is consistent with Braemar Manufacturing LLC appearing as current assignee of 6,957,107 on Google Patents.
Explicit uncertainty flags
- Claim text is unverified. No authoritative verbatim claim set for 6,957,107 was retrieved. The claim overview above is a paraphrase of the Summary of the Invention and may differ in wording, ordering, or scope from the granted claims; independent-claim numbering is unknown.
- "No CAFC 2026 docket" is a search-based negative, not a certified absence. Authoritative confirmation requires a PACER/CAFC docket query by party name (Braemar Manufacturing, CardioNet) and a USPTO Patent Center / PTAB assignment check on application 10/099,929.
- Filename/index-level hits containing "6957107" (e.g., the PTAB petition document index, third-party patent "References Cited" lists) are not evidence of proceedings against this patent.
- Inventor-name and priority-date discrepancies noted above are reported as recorded, not corrected.
Sources: https://patents.google.com/patent/US6957107/en · https://patentimages.storage.googleapis.com/34/03/c2/e14226db364786/US6957107.pdf · https://uspto.report/patent/grant/6957107 · https://portal.unifiedpatents.com/patents/patent/US-20030172940-A1 · https://www.govinfo.gov/metadata/pkg/USCOURTS-mad-1_15-cv-11803/ · http://knobbemedical.com/wp-content/uploads/2015/05/Complaint-against-MedNet.pdf · https://www.courtlistener.com/opinion/[4765168](/patent/4765168)/braemar-manufacturing-llc-v-the-scottcare-corporation/
Generated 9/25/2026, 12:54:09 AM
Cases on file (0)
Specific litigation cases in our database that name US patent 6957107. The free-form analysis below may also discuss cases beyond this list.
No cases on file mention this patent. Upload a CSV or add a case manually in Admin → Manage litigation cases.
Litigation summary
Past and pending lawsuits — plaintiffs, defendants, jurisdictions, outcomes, and notable rulings.
I'll search litigation-specific sources for US 6,957,107.
Let me query litigation-specific databases directly.
Let me check additional litigation databases and any recent cases.
Answer: No litigation involving U.S. Patent 6,957,107 was found
Bottom line: I found no record of any patent infringement action, declaratory judgment action, ITC investigation, or PTAB proceeding naming U.S. Patent 6,957,107 as an asserted or challenged patent. I therefore cannot provide the requested per-case table (plaintiff / defendant / jurisdiction / case number / filing date / outcome) because there are no cases to populate it with.
Before the list, two literal-reading flags you should carry forward.
Date discrepancy (flagged, not reconciled). Your instruction states "Current Date: April 26, 2026," while my session context supplies today's date as 2026-09-28. Both are reproduced verbatim; I am not harmonizing them. Neither date changes the result, since the patent's recorded expiration (below) predates both.
Consistency with the previously generated section. This finding is consistent with, and independently corroborates, the litigation analysis already generated for this patent — which stated that US 6,957,107 "is not among those five patents" litigated by CardioNet/Braemar and that no source asserts it in those actions. I found no contradiction.
What the searches actually returned for "6957107"
Every hit containing the string 6957107 was a citation or index artifact, not a case:
| Hit | Why it is not litigation involving the '107 patent |
|---|---|
ptacts.uspto.gov/ptacts/public-informations/petitions/1557860/... (document index) |
A USPTO EAST search-history log pasted into a PTAB exhibit from petition 1557860. The string appears inside a query string (e.g. ("6595929" "6769607" "6957107" "7028897" ...).PN.). This is a patent-number search executed by an examiner/petitioner, not a challenge to '107. |
docketalarm.com/cases/PTAB/IPR2020-00027/...Exhibit-1003... |
Exhibit in IPR2020-00027, which is an Inter Partes Review of U.S. Pat. 10,335,584 — a different patent. Again, '107 appears only inside a copied EAST search string. |
patents.justia.com/patent/9258035 and /10796552 |
References-Cited lists. The '107 patent is cited as prior art by later patents (e.g., "6957107 |
registrucentras.lt/... |
Lithuanian business-registry filing notice number 6957107. Coincidental number match, unrelated field. |
| Google Patents, Golden Wiki, Radaris | Bibliographic/aggregator pages for the patent itself. No litigation content. |
I did not find the '107 patent in the CardioNet/Braemar assertion campaigns, the InfoBionic litigation, the MedNet/MedTel action, the ScottCare action, or any LifeWatch/Medtronic-family dispute.
Contextual point: the patent's own family was litigated heavily — just not this patent
So you can see what is documented (and confirm the search methodology was working), here is the recorded litigation landscape for adjacent CardioNet/Braemar patents. In every one of these, the asserted patents were the '403, '901, '850, '996, '767/RE43,767, '715, '237, '207, and '095 patents — never '107.
- CardioNet, LLC v. InfoBionic, Inc. — D. Mass., 1:15-cv-11803 (and later 1:17-cv-10445). Patents asserted per the IPR petitions: '850, '996, '901, '403. Fed. Cir. nos. 2019-1149 and 20-1018. The Fed. Cir. held claims of the '850/'996 patents ineligible under § 101 and reversed in part as to the '207 patent (holding claims 1–3, 7, 10–12, 22 eligible). InfoBionic's cert petition (S. Ct. No. 20-604) was opposed in Dec. 2020.
- CardioNet, LLC & Braemar Mfg., LLC v. The ScottCare Corp. & Ambucor Health Solutions, Inc. — E.D. Pa., 2:12-cv-2516 (PBT). Asserted: '237 and '207 (and earlier rulings on '850/'996). Judgment for ScottCare; Fed. Cir. No. 19-2263 (July 1, 2020) — affirmed-in-part (invalidity of '850/'996 claims), vacated as to '207.
- CardioNet, Inc. et al. v. MedNet Healthcare Techs., Inc. et al. — E.D. Pa., 2:12-cv-02517 (recorded as terminated).
- LifeWatch Services, Inc. / Card Guard Scientific Survival v. Braemar Inc. & eCardio Diagnostics — N.D. Ill., 09-cv-6001; settled June 12, 2012 ($0.3M paid by CardioNet for a fully paid license — CardioNet was the defendant there).
- IPR2015-01688 (Braemar as Patent Owner) — challenged U.S. 6,940,403, not '107.
The 2012-12-31 assignment driving these cases conveyed only the '403, '901, '850, '996, '767, and '715 patents from CardioNet to Braemar Manufacturing, with an exclusive license back to CardioNet. The '107 patent is not in that conveyed set, which is a structural reason it never appeared in these suits.
Why the absence is plausible (not just a failed search)
Two independent, non-litigation facts support the null finding rather than undercutting it:
- The patent is expired. Google Patents records "Expired – Lifetime," with an adjusted expiration date of 2023-01-30 (323 days of § 154(b) term adjustment added to the 2022-03-13 twenty-year date). A patent that has lapsed cannot support prospective injunctive relief, which removes the principal reason to assert it now.
- The '107 patent was never part of the monetized family that CardioNet/Braemar actually enforced (see the 2012 assignment above).
Limitations on this conclusion (please read before relying on it)
- This is a search-based negative, not a certified absence. Keyword searching across Google Patents, PTAB document repositories, Docket Alarm, RPX Insight, Justia, CourtListener-adjacent material, and the Unified Patents portal did not surface a case. That is strong evidence of no publicly indexed case; it is not proof that none exists.
- I did not complete a direct docket query. My CourtListener / full-text docket query was cut off (tool-call limit reached), and I did not execute a PACER or CAFC docket search by party name. Treat the negative as "no evidence found."
- Two searches I ran returned irrelevant noise because the bare number "6957107" collides with unrelated identifiers (a Lithuanian registry notice, exercise-machine patents, etc.). I filtered these out rather than reporting them as litigation.
Recommended verification steps for a definitive answer:
- USPTO Patent Center and PTAB assignment/patent search on application 10/099,929 and patent 6,957,107 — confirms no IPR/PGR/CBM ever instituted.
- PACER docket search by the party names Braemar Manufacturing, LLC and CardioNet, Inc./LLC (and GE Healthcare / Cardiology successors), filtered to cases naming '107.
- CAFC docket search by appeal number and by the same party names.
- Docket Navigator / Unified Patents Litigation Portal filtered on patent number 6957107 (as opposed to a free-text string, which is where the false positives arise).
Sources consulted: https://patents.google.com/patent/US6957107/en · https://uspto.report/patent/grant/6957107 · https://ptacts.uspto.gov/ptacts/public-informations/petitions/1557860/ · https://www.docketalarm.com/cases/PTAB/IPR2020-00027/ · https://patents.justia.com/patent/[9258035](/patent/9258035) · https://patents.justia.com/patent/[10796552](/patent/10796552) · https://storage.courtlistener.com/pdf/2020/07/01/cardionet_llc_v._infobionic_inc..pdf · https://cases.justia.com/federal/appellate-courts/cafc/19-2263/19-2263-2020-07-01.pdf · https://www.supremecourt.gov/DocketPDF/20/20-604/ · https://insight.rpxcorp.com/litigation_documents/13445182 · http://knobbemedical.com/wp-content/uploads/2016/02/[409586](/patent/409586).pdf · https://cases.justia.com/federal/district-courts/pennsylvania/paedce/2:2012cv02516/[462271/231](https://assignmentcenter.uspto.gov/search/patent/reelFrameDetail?reelFrame=462271-0231)/0.pdf · https://portal.unifiedpatents.com/litigation/caselist
If you want, I can run the PACER/CAFC docket-by-party-name verification next — that is the step that would convert "no evidence found" into a certified negative on the two assignee entities.
Generated 9/28/2026, 10:22:20 PM
Proceedings on file (0)
All PTAB activity →AIA trial proceedings (IPR / PGR / CBM) filed at the USPTO Patent Trial and Appeal Board against this patent. Sourced from the USPTO Open Data Portal and refreshed every six hours; each proceeding number deep-links to the PTAB E2E docket.
No PTAB proceedings on file. This patent has not been challenged via IPR, PGR, or CBM. The absence is itself a signal — well-asserted patents eventually attract IPRs. The LLM analysis below may surface filings the ODP feed hasn’t indexed yet.
PTAB challenges
AIA trial proceedings at the USPTO Patent Trial and Appeal Board — IPR, PGR, and CBM. Petitioners, judge panels, claim-level invalidation outcomes from Final Written Decisions, and Federal Circuit appeals. The single most important defensive datapoint after litigation history.
I'll verify the canonical "no proceedings" result against public sources before writing the analysis.
PTAB Proceedings on US 6,957,107 — Analyst Findings
Scope note up front: The structured "PTAB proceedings on file" block supplied for this analysis — sourced from the USPTO Open Data Portal — returns no AIA trial proceedings for US 6,957,107. That is the canonical answer. I searched independently (PTAB decision text, petition-index artifacts, IPR/PGR/CBM number strings, and family litigation) and found nothing that displaces it. Per the operating rules and the task instruction not to invent proceeding numbers, I am not creating any proceeding entries for this patent.
Proceedings overview
Zero AIA trial proceedings — no IPR, no PGR, no CBM — have been filed against US 6,957,107 (application 10/099,929); the breakdown is 0 active / 0 claims invalidated / 0 sustained / 0 settled / 0 institution denials. The bottom-line defensive posture is therefore not "the patent has survived IPRs and is hardened" and it is emphatically not "claims 1–5 have been canceled." It is a third, less common posture: the patent has never been tested at the PTAB at all, and as of 2026-09-28 it is expired (recorded adjusted expiration 2023-01-30) — so an IPR-based invalidity defense is neither needed nor realistically available, and the live question for a defendant is not patentability but whether there is any remaining past-damages exposure.
Proceedings
None. No entry can be listed because none exists. The two "6957107" hits that surface in keyword search are artifacts and I want to name them so they are not mistaken for proceedings:
- PTAB petition document index
1557860(ptacts.uspto.gov/ptacts/public-informations/petitions/1557860/…) — the string6957107appears inside a long tabular list of numbers, not as a challenged patent. This is an indexing/keyword artifact, not a challenge to this patent. The same is true of the EAST/patent search-history strings hitting"6595929" "6769607" "6957107"and"6789607" "6957107" "7028897". - IPR2020-00027, Ex. 1003 (U.S. Patent 10,335,584) — a
"6957107"string appears in a petitioner's exhibit reprinting a USPTO EAST search history from 2018. That is a third party's examiner search log quoting this patent as prior-art-ish text; it is not a petition against 6,957,107.
I found no PTAB Final Written Decision, institution decision, or notice naming US 6,957,107 as the challenged patent, and no Federal Circuit appeal arising from a PTAB proceeding on it.
Adjacent-family proceedings (context only — NOT challenges to 6,957,107)
Read this section with the heading's caveat in bold: these are proceedings on other CardioNet/Braemar patents, not on the '107 patent. They matter only because they establish that the patent owner's family was repeatedly IPR'd, which sharpens the negative inference below.
IPR2015-01688 — Petitioner v. Braemar Manufacturing, LLC (U.S. 6,940,403 B2)
- Type: Inter Partes Review
- Status: Final Written Decision issued; claims 1, 2, 4, 6, 7, 11–16, and 19–23 held unpatentable as anticipated by Sellers; claims 3, 5, 8, 9, 17, 18 unpatentable as obvious over Sellers + Stutman; claim 10 survived ("Petitioner has not shown by a preponderance of the evidence that claim 10 is unpatentable").
- Panel: APJs Ken B. Barrett, Trenton A. Ward, Scott C. Moore (Moore authored).
- Procedural note: Patent Owner filed a Notice of Appeal on 2017-03-02, electronically and by hand.
- Relevance to the '107: none directly. The '403 patent is a different patent; it is not US 6,957,107, and no claim of the '107 patent was at issue. Do not cite this FWD as invalidation of anything in 6,957,107.
IPR2016-01669 — InfoBionic, Inc. v. Braemar Manufacturing, LLC (U.S. 7,212,850)
- Type: Inter Partes Review
- Status: Institution decision dated 2017-03-08 (per Patent Owner Ex. 2001 in IPR2017-00898); challenged claims 1–9, 20, 21, 31–34, 37, 38 of the '850 patent on § 102/§ 103 grounds (Exhibit 1005 Bock; Ex. 1006 Walker; Ex. 1007 Reinhold; Ex. 1009 Chen).
- Relevance to the '107: none directly — different patent, different claims. Included solely to show InfoBionic was actively IPR-ing the CardioNet/Braemar family in 2016–2017 while leaving the '107 patent untouched.
Unverified item, flagged: I could not confirm from the retrieved snippets the petitioner identity in IPR2015-01688. The FWD record shows a May 8, 2015 suit by Patent Owner and non-party CardioNet LLC against "Petitioner," which is temporally consistent with the 2015 D. Mass. action against InfoBionic, but I have not verified the petitioner's name and will not assert it.
Source links: USPTO PTAB E2E — https://ptab.uspto.gov ; IPR2015-01688 Patent Owner Notice of Appeal (FWD text embedded) — https://insight.rpxcorp.com/federal_circuit/[459816](/patent/459816)/rpx-ptab/IPR2015-01688/IPR2015_01688_Patent_Owner_Notice_of_Appeal_b062f4142f94b2d89eb7e3f224ab42c4.pdf ; IPR2016-01669 petition (InfoBionic v. Braemar, '850 patent) — http://knobbemedical.com/wp-content/uploads/2016/02/[409586](/patent/409586).pdf
Strategic summary
Claim status across the PTAB. Because no trial was ever instituted, no claim of US 6,957,107 is canceled, and none has been PTAB-adjudicated. Every claim — the apparatus claims of the Summary's "first aspect" (the communication-system/memory/control-system/power-supply transceiver) and the "second aspect" (two-way transceiver + sensor + memory + control system + power supply in a hermetically sealed case) — is untested at the Board, not sustained and not canceled. I reiterate the flag from the summary section of this analysis: the authoritative full text I was given ends mid-detailed-description and does not include the numbered claim set, so I cannot state which claim numbers are independent.
Estoppel landscape. § 315(e)(2) estoppel is inapplicable here, because estoppel only attaches to a petitioner whose IPR reached a final written decision. With no petitioner, no IPR, no FWD, there is no estoppel bar and no petitioner/privy set to which one could attach. Conversely, that also means there is no free, Board-vetted invalidity record to borrow for a § 282 defense. A defendant would have to build invalidity from scratch — but see the expiration point below, which likely moots the exercise.
Pattern signals. The pattern is selective assertion, not aggressive PTAB participation by the owner. The CardioNet/Braemar family was asserted in D. Mass. (InfoBionic, 1:15-cv-11803 and 1:17-cv-10445), E.D. Pa. (MedNet, 2:12-cv-02516, and ScottCare, 2:12-cv-02516), and litigated on § 101 up through the Federal Circuit in CardioNet LLC v. InfoBionic, Inc., 816 F. App'x 471 (Fed. Cir. 2020) (cert. petition denied, S. Ct. No. 20-604). The patents carried into those fights — the '207, '237, '850, '996 and '095, plus '403, '767, '901, '715 — do not include 6,957,107. My earlier summary reached the same point from the assignment record: the Dec. 31, 2012 CardioNet→Braemar assignment and the exclusive back-license to CardioNet covered specific patents, and the '107 patent is not among them. No defensive aggregator (Unified Patents or similar) appears anywhere in the chain for this patent — the Unified hit is the pre-grant publication US 2003/0172940 A1, i.e., the '107's own publication, not a challenge.
The negative inference, stated honestly. Absence of PTAB activity is normally a weak signal, but here it is unusually informative because the patent owner did face repeated IPRs on sibling patents in the same portfolio during the same period. A patent that sits in a family being IPR'd, is owned by the same entity, yet never attracts a petition, is typically one that was never asserted in an infringement suit against a defendant with IPR incentive — consistent with the summary's finding that I located no litigation asserting 6,957,107. The simpler explanation for the total absence is expiration: the recorded adjusted expiration is 2023-01-30 (323 days of § 154(b) term adjustment over the 2022-03-13 twenty-year date), so by today (2026-09-28) there is no forward-looking exclusionary right to invalidate.
Recommended next steps
For a defendant facing or evaluating a demand on US 6,957,107:
- Lead with the expiration, not the invalidity. The patent's recorded status is "Expired – Lifetime," adjusted expiration 2023-01-30. An IPR against an expired patent is legally possible but economically irrational: there is no ongoing infringement, and a petitioner would be spending fees to invalidate claims that already cannot be enforced against post-expiration conduct. Confirm the status in USPTO Patent Center: https://patentcenter.uspto.gov (application 10/099,929).
- There is no FWD to link and no disposition to quote. I explicitly decline the task instruction to "link to the FWD and quote the disposition" — there is no FWD for this patent. The only FWD in the retrieved materials is IPR2015-01688, which concerns U.S. 6,940,403, a different patent. Citing it as though it addressed the '107 would be a misrepresentation of the record.
- Check the demand letter against the expiration date before doing any technical work. If the demand asserts infringement occurring entirely after 2023-01-30, the theory fails at the threshold. If it asserts pre-expiration conduct, past damages survive expiration while a suit is pending (or within the § 286 six-year lookback for conduct that occurred before expiration) — that is the only live exposure, and it turns on the specific accused product and dates, not on PTAB history.
- Confirm the negative authoritatively. My search is evidence of absence, not a certified absence. For a definitive answer: (a) USPTO Patent Center → application 10/099,929 → "Post-Grant/PTAB" documents; (b) PTAB E2E search by patent number — https://ptab.uspto.gov ; (c) PTAB API / ODP trial-proceedings endpoint; and (d) CourtListener docket search by party (Braemar Manufacturing, CardioNet) — https://www.courtlistener.com — to catch any infringement action that never generated a petition.
- If it ever was asserted and you can't find the suit, the correct characterization remains what I have written: no evidence found, not proof of no activity. Do not upgrade my search result into a legal conclusion in a filing without the docket checks in item 4.
Cross-reference / consistency check against the prior section: the summary's explicit uncertainty flags (unverified claim text; search-based negative on CAFC activity; the '107's absence from the five-patent Braemar assignment set; the Rogers/"ROBERT E. ROGERS" and 2002-03-13 vs. 2002-03-12 discrepancies) are consistent with everything above. One correction to be explicit about: the summary noted a PTAB petition artifact containing the string 6957107 and correctly declined to characterize it as a challenge. My searches confirm that characterization and identify the artifact more precisely — it is a keyword/index list, and the other hit is an EAST search history inside IPR2020-00027 Ex. 1003 on a different patent. Neither is a proceeding against this patent. No contradiction between sections.
Generated 9/28/2026, 10:22:28 PM
Ownership chain (13)
Asserters network →Structured records extracted from the assignment-history narrative below. Each entity links to its full ownership-network profile.
? · recorded 2002-06-11 · Assignment
? · recorded 2002-06-24 · Assignment
? · recorded 2002-06-27 · Assignment
? · recorded 2003-12-05 · Security Interest
CARDIONET, INC.GUIDANT INVESTMENT CORPORATION
securitization
? · recorded 2011-11-22 · Release
CARDIONET, INC.GUIDANT INVESTMENT CORPORATION
securitization
? · recorded 2011-12-08 · Correction
GUIDANT INVESTMENT CORPORATIONCARDIONET, INC.
recordation correction
? · recorded 2011-12-16 · Release
GUIDANT INVESTMENT CORPORATIONCARDIONET, INC.
securitization
2012-12-31 · Assignment
CARDIONET, INC.BRAEMAR MANUFACTURING, LLC
internal reorg
? · recorded 2014-12-31 · Security Interest
BRAEMAR MANUFACTURING, LLCGeneral Electric Capital Corporation, as Agent
securitization
? · recorded 2015-11-16 · Assignment
General Electric Capital Corporation, as Retiring AgentHEALTHCARE FINANCIAL SOLUTIONS, LLC, AS SUCCESSOR AGENT
securitization
? · recorded 2017-07-12 · Release
HEALTHCARE FINANCIAL SOLUTIONS, LLCBRAEMAR MANUFACTURING, LLC
securitization
? · recorded 2017-07-20 · Security Interest
BRAEMAR MANUFACTURING, LLCSUNTRUST BANK, AS ADMINISTRATIVE AGENT
securitization
? · recorded 2021-02-10 · Release
TRUIST BANKBRAEMAR MANUFACTURING, LLC
securitization
Assignment history
Inventors, original assignee, and the chain of ownership recorded with the USPTO — including the correspondent attorney who recorded each assignment, since shell-LLC chains often share one repeat-player attorney even when the entity names look unrelated. Surfaces NPE / patent-troll patterns: shell-entity transfers, known asserters in the chain, repeat correspondent fingerprints, pre-litigation assignments, and bankruptcy fire-sales.
I'll research the assignment chain for US 6,957,107, including reel/frame data and correspondents of record.
Let me dig for reel/frame numbers and correspondents of record, and check Braemar's corporate status.
Assignment & Ownership Reconstruction — US 6,957,107
Source-access note (read first). I could not query assignmentcenter.uspto.gov / assignment.uspto.gov directly in this session. The chronology below is reconstructed from the USPTO-derived Google Patents legal-events mirror (which is populated from recorded assignment data), cross-checked against the E.D. Pa. / D. Mass. complaints, the CardioNet–BioTelemetry SEC disclosure, and INPI counterpart records. Reel/frame numbers and correspondents of record are largely NOT retrievable from these mirrors and are marked "not retrieved" rather than guessed. The one reel/frame I can cite (027271/0075) comes from the text of an assignment description itself, not from my own record pull. Treat every reel/frame and correspondent call below as unverified pending a direct Assignment Center query by patent number 6957107.
Cross-reference flag (addition, not contradiction). The earlier summary correctly stated that US 6,957,107 was not among the five patents asserted in the InfoBionic / ScottCare / MedNet suits. However, the Google Patents legal events for this patent independently show a 2012-12-31 assignment of this patent to Braemar Manufacturing, LLC — i.e., the Dec. 31, 2012 CardioNet→Braemar transfer covered a broader portfolio than the litigated patents (the InfoBionic complaint lists only '403, '901, '850, '996, '767, '715 as transferred that day). The earlier summary did not mention this patent being in the 2012 transfer. Nothing contradicts; the earlier statement was scoped to the litigated five.
Inventors
| Inventor | Residence (per patent) | Employer at filing |
|---|---|---|
| Bobby E. Rogers | San Diego, CA | CardioNet, Inc. (San Diego, CA) — assigned by separate instrument dated/recorded 2002-06-27 |
| Lon M. Severe | San Diego, CA | CardioNet, Inc. — co-assigned 2002-06-24 |
| Philip N. Eggers | Poway, CA | CardioNet, Inc. — co-assigned 2002-06-24 |
All three are San Diego-area residents, consistent with the filing being made in the course of CardioNet, Inc.'s San Diego cardiac-telemetry development. The patent is a pure employee-invention assignment case: no inventor retained rights.
Unusual patterns flagged (as recorded, not corrected):
- Two separate Rogers records with two different first names. The assignment record of 2002-06-11 names the assignor "ROGERS, ROBERT E."; the record of 2002-06-27 names "ROGERS, BOBBY E." The patent front page names only Bobby E. Rogers. Either (a) the 2002-06-11 entry is an earlier/corrected recording of the same inventor's instrument, or (b) the recordation clerk recorded the same inventor's name two ways. I am reporting both verbatim and am not harmonizing them.
- The three inventor assignments were recorded in three separate instruments across 16 days (2002-06-11, 2002-06-24, 2002-06-27) rather than one joint instrument. This is a recordation-cleanup pattern, not a "fire-sale" precursor.
- No evidence of mass inventor departure. Co-inventor Lon M. Severe reappears on later CardioNet filings (e.g., the family leading to RE43,767 and D621,048), and Philip N. Eggers appears on a 2010 CardioNet reissue record listing a Salt Lake City, UT address — suggesting relocation rather than departure. I could not verify any post-2003 departure dates; treat the "all inventors leave within 12 months" precursor check as not established either way.
Original assignee
CardioNet, Inc. (San Diego, CA; California corporation). Listed on the issued patent's front page as assignee; Google Patents renders the "original assignee" field as CardioNet LLC (the successor-by-conversion name — see below).
- Line of business / product: CardioNet was an operating cardiac-telemetry company, not a holding vehicle. Its flagship product was the MCOT™ (Mobile Cardiac Outpatient Telemetry) device — a patient-worn ECG sensor plus handheld monitor that transmits arrhythmia data to a staffed monitoring center. The '107 patent's "external monitor" section expressly names a CardioNet product ("The Monitor," 32-bit μP, 64 MB flash, cell modem, GPS, land-line charging base) as the preferred external monitor.
- Scope caveat: MCOT is an external/wearable system. The '107 claims are directed to an implantable transceiver for communicating with an implanted medical device (pacemaker/defibrillator). So CardioNet did not ship a product reading on the '107 claims as far as I can determine — an important point for the verdict below.
- Current status of the originating enterprise: CardioNet, Inc. converted to CardioNet, LLC by a Certificate of Conversion dated August 1, 2013 (Delaware), as recited in the D. Mass. InfoBionic complaint. The enterprise was later renamed BioTelemetry, Inc. and, from memory (high but not certain confidence), BioTelemetry was acquired by Royal Philips, closing in early 2021. I could not verify the Philips transaction from a live source in this session — verify before relying on it. There is no bankruptcy, dissolution, or assignment-for-benefit-of-creditors anywhere in this chain.
Assignment timeline
True title transfers vs. lien/security-interest recordations are separated, because USPTO indexes liens under the same "assignment" umbrella and conflating them is the single most common analysis error here.
A. Inventor → original assignee (title)
- 2002-06-11 (recorded 2002-06-11) — Reel/frame not retrieved
- Conveyance: Assignment
- Assignor: ROGERS, ROBERT E. (see name-variant flag above)
- Assignee: CARDIONET, INC.
- Correspondent: not retrieved
- Context: Original employee-invention assignment.
- 2002-06-24 (recorded 2002-06-24) — Reel/frame not retrieved
- Conveyance: Assignment
- Assignor: EGGERS, PHILIP N.; SEVERE, LON M.
- Assignee: CARDIONET, INC.
- Correspondent: not retrieved
- Context: Original employee-invention assignment (joint).
- 2002-06-27 (recorded 2002-06-27) — Reel/frame not retrieved
- Conveyance: Assignment
- Assignor: ROGERS, BOBBY E.
- Assignee: CARDIONET, INC.
- Correspondent: not retrieved
- Context: Original employee-invention assignment; duplicate/near-duplicate of the 2002-06-11 Rogers entry.
B. Venture-debt lien on CardioNet (security, not title)
- 2003-12-05 — Reel/frame not retrieved
- Conveyance: Security Interest (recorded as an assignment of security interest)
- Assignor: CARDIONET, INC.
- Assignee: GUIDANT INVESTMENT CORPORATION
- Correspondent: not retrieved
- Context: Securitization — venture-debt collateral grant to CardioNet's strategic investor/lender (Guidant corporate family). No title passes.
- 2011-11-22 — Reel/frame not retrieved
- Conveyance: Release by Secured Party
- Assignor: CARDIONET, INC.
- Assignee: GUIDANT INVESTMENT CORPORATION
- Correspondent: not retrieved
- Context: Securitization payoff/release of the 2003 lien.
- 2011-12-08 — Reel/frame not retrieved (corrects a prior record at Reel 027271 / Frame 0075)
- Conveyance: Corrective Assignment — recorded per the description "TO CORRECT THE CORRECT ASSIGNOR AND ASSIGNEE PREVIOUSLY RECORDED ON REEL 027271 FRAME 0075," confirming "paragraph two of letter dated August 10, 2007"
- Assignor: GUIDANT INVESTMENT CORPORATION
- Assignee: CARDIONET, INC.
- Correspondent: not retrieved (the 2007 letter suggests one firm handled the whole Guidant lien recordation/release cluster, but I cannot name it)
- Context: Recordation correction only — fixes assignor/assignee fields on the Guidant release; the underlying 2007 letter pre-dates the 2011 recording by four years.
- 2011-12-16 — Reel/frame not retrieved
- Conveyance: Pay-off Letter / Termination of Security Interest
- Assignor: GUIDANT INVESTMENT CORPORATION
- Assignee: CARDIONET, INC.
- Correspondent: not retrieved
- Context: Securitization closing document — belt-and-suspenders termination of the same Guidant lien.
C. Intra-family title transfer to the IP-holding affiliate (title)
- Executed 2012-12-31 / recorded on or about 2013-01 — Reel/frame not retrieved
- Conveyance: Assignment of Assignors' Interest
- Assignor: CARDIONET, INC.
- Assignee: BRAEMAR MANUFACTURING, LLC
- Correspondent: not retrieved
- Context: Internal reorg / IP-holding-vehicle transfer. CardioNet assigned all right, title and interest to Braemar the same day Braemar granted CardioNet an exclusive license back in the monitoring-services field, with Braemar retaining "all other rights, title, and interest." This is the classic operating-company captive-IP-holder structure, and Braemar/CardioNet then sued competitors as co-plaintiffs. (This is the only true post-issuance title transfer in the chain, and it is not a transfer-to-asserter.)
D. Credit-facility liens recorded against the Braemar collateral pool (security)
- 2014-12-31 — Reel/frame not retrieved
- Conveyance: Security Interest
- Assignor: BRAEMAR MANUFACTURING, LLC
- Assignee: GENERAL ELECTRIC CAPITAL CORPORATION, AS AGENT
- Correspondent: not retrieved
- Context: Securitization — collateral grant under a GE Capital credit facility.
- 2015-11-16 — Reel/frame not retrieved
- Conveyance: Assignment of Intellectual Property Security Agreement (successor agent)
- Assignor: GENERAL ELECTRIC CAPITAL CORPORATION, AS RETIRING AGENT
- Assignee: HEALTHCARE FINANCIAL SOLUTIONS, LLC, AS SUCCESSOR AGENT
- Correspondent: not retrieved
- Context: Securitization/agent succession — no change in obligor; only the agent of record changes.
- 2017-07-12 — Reel/frame not retrieved
- Conveyance: Release by Secured Party
- Assignor: HEALTHCARE FINANCIAL SOLUTIONS, LLC
- Assignee: BRAEMAR MANUFACTURING, LLC
- Correspondent: not retrieved
- Context: Securitization payoff — releases the GE/HFS facility lien.
- 2017-07-20 — Reel/frame not retrieved
- Conveyance: Notice of Grant of Security Interest in Patents
- Assignor: BRAEMAR MANUFACTURING, LLC
- Assignee: SUNTRUST BANK, AS ADMINISTRATIVE AGENT
- Correspondent: not retrieved
- Context: Securitization/refinancing — replacement credit facility (same-week release-and-refile).
- 2021-02-10 — Reel/frame not retrieved
- Conveyance: Termination and Release of Security Interest in Patents
- Assignor: TRUIST BANK (successor by merger to SunTrust Bank), as administrative agent
- Assignee: BRAEMAR MANUFACTURING, LLC
- Correspondent: not retrieved
- Context: Securitization payoff — SunTrust→Truist merger reflected; final lien cleaned up.
Chain summary: the last recorded substantive event is the 2021-02-10 lien release, leaving BRAEMAR MANUFACTURING, LLC as unencumbered record owner. Google Patents' current-assignee field confirms Braemar Manufacturing LLC. Legal status: Expired – Lifetime, adjusted expiration 2023-01-30.
Timeline diagram
timeline
title Ownership of US 6957107
2002 : Filed by CardioNet Inc
: Inventors assign rights to CardioNet
2003 : Guidant Investment records security interest
2011 : Guidant lien released
: Corrective assignment to CardioNet
2012 : CardioNet assigns title to Braemar Manufacturing
2014 : GE Capital records security interest
2015 : Healthcare Financial succeeds GE as agent
2017 : Healthcare Financial lien released
: SunTrust records security interest
2021 : Truist releases SunTrust lien
2023 : Patent term expires
NPE / troll-pattern signals
Shell-entity transfer — NOT PRESENT (low-to-moderate confidence). The single post-issuance title transfer (2012-12-31, CardioNet, Inc. → Braemar Manufacturing, LLC) went to a wholly owned affiliate of the same corporate family — CardioNet/BioTelemetry's SEC disclosure describes "the Company's wholly owned subsidiary, Braemar Inc." — which licensed the portfolio exclusively back to CardioNet the same day. Braemar is not licensing-only: it made/sold cardiac telemetry hardware and was itself a product defendant in LifeWatch's 2009 N.D. Ill. action, settling by taking a paid-up product license. Its recorded address (INPI counterpart records) is a commercial corporate address at 1285 Corporate Center Drive, Eagan, MN 55121, not a known registered-agent mail drop. Caveat: I could not retrieve the recorded correspondent for the 2012 filing, so I cannot definitively exclude a c/o registered-agent filing — this is the main reason I mark confidence below "high."
Known asserter in the chain — NOT PRESENT. None of the assignees match the Acacia / Marathon / IV / IPNav / Wi-LAN / Mosaid-Conversant / Vringo / Pendrell / Innovatio / MPHJ / Lumen View / Round Rock / DGC / Spangenberg sets. The parties are: CardioNet Inc.; Guidant Investment Corporation (a legacy medical-device corporate investor/lender, Guidant corporate family); General Electric Capital Corporation, Healthcare Financial Solutions, LLC, SunTrust Bank, and Truist Bank (all banks acting as collateral agents, appearing only in lien/lien-release entries); and Braemar Manufacturing, LLC (CardioNet/BioTelemetry family affiliate). No NPE-list hit at any link.
Repeat correspondent across the chain — UNCLEAR / NOT RETRIEVED. I could not obtain the attorney or recording firm of record for any link. What does recur is a lender-agent lineage (GE Capital → Healthcare Financial Solutions → SunTrust → Truist), which is an ordinary corporate credit relationship and not the attorney-recurrence tell the rubric is looking for. The one attorney-adjacent artifact available is the 2011-12-08 corrective assignment, which corrects a record at Reel 027271 / Frame 0075 and references "paragraph two of letter dated August 10, 2007" — implying a single firm handled the Guidant lien recordation/release cluster, but I cannot name that firm from the sources retrieved. Do not treat this as an NPE-correspondent finding.
Cascading transfers — NOT PRESENT. Only two true title transfers exist in the entire 21-year chain (2002 inventors→CardioNet; 2012 CardioNet→Braemar), 10 years apart. All other entries are lien grants and lien releases. There is no LLC-to-LLC hop sequence and no shared-correspondent chain.
Pre-litigation transfer — NOT PRESENT as to this patent. The 2012-12-31 CardioNet→Braemar transfer sits between CardioNet's 2012 ScottCare suit and its 2015 InfoBionic suit, so timing-wise it is "pre-litigation" for the family. But US 6,957,107 was never named in any located suit (the asserted patents were the '207, '237, '850, '996, '095, '767, '715, '403 and '901), so no transfer was arranged to assert this patent. The Dec. 31, 2012 structure did, however, establish the clean standing record (owner + exclusive licensee as co-plaintiffs) that CardioNet used in the later cases — that pattern is real but attaches to sibling patents, not to the '107.
Bankruptcy fire-sale — NOT PRESENT. No Chapter 7 or Chapter 11 proceeding involving CardioNet, BioTelemetry, or Braemar Manufacturing appears in the retrieved record, and there is no trustee/§363-sale conveyance in the chain. The 2012 transfer is a going-concern internal restructuring, not a distressed sale.
Privateering — NOT PRESENT. In every asserted action located, Braemar Manufacturing, LLC and CardioNet, LLC appear as co-plaintiffs (e.g., Braemar Mfg., LLC v. ScottCare Corp., 816 F. App'x 465 (Fed. Cir. 2020); CardioNet, LLC v. InfoBionic, Inc., 955 F.3d 1358 (Fed. Cir. 2020)), and the exclusive license runs from Braemar back to the operating company. That is the opposite of privateering (where an operating company arms a nominally unrelated NPE to sue the operating company's competitors while staying out of the case).
Defensive aggregator — NOT PRESENT. The chain does not terminate at RPX, AST, LOT Network, Unified Patents, or OIN. It terminates at Braemar Manufacturing, LLC (CardioNet/BioTelemetry family), with the last record being a 2021-02-10 security-interest release, not a defensive aggregation.
Verdict
Operating-company assertion.
The chain is an intra-family captive-IP-holding structure of an operating cardiac-monitoring enterprise: inventors assigned to CardioNet in 2002, CardioNet recorded the 2012-12-31 title transfer to wholly owned affiliate Braemar Manufacturing, LLC with an immediate exclusive license back, and CardioNet/Braemar then sued actual competitors (InfoBionic, ScottCare/Ambucor, MedNet) as co-plaintiffs — conduct inconsistent with every NPE indicator except aggressiveness. The lender stack (Guidant 2003-12-05; GE Capital 2014-12-31; Healthcare Financial 2015-11-16; SunTrust 2017-07-20; Truist release 2021-02-10) is ordinary corporate securitization, and no link matches a known asserter list.
Two caveats that materially qualify this verdict. (a) US 6,957,107 was itself never asserted in any action I located and its recorded term expired 2023-01-30, so its own posture is non-asserting — the "assertion" characterization is inherited from the corporate family and its sibling patents, not from this patent. (b) The '107 claims are directed to an implantable IMD transceiver, while the family's product (MCOT) is external/wearable, so I cannot affirm that the current assignee "ships products embodying the claims" in the strict sense the verdict rubric uses. If a strict product-embodiment test is applied, the most defensible alternative label is Defensive / non-asserting (portfolio orphan, expired unasserted) — but that label's own definition (chain terminating at a defensive aggregator) is also not met. On the evidence, the chain is a non-NPE operating-company holding chain, and I found zero NPE signals.
Verification links
- USPTO Assignment Center (search patent number 6957107): https://assignmentcenter.uspto.gov/ and the legacy interface https://assignment.uspto.gov/patent/index.html
- Google Patents legal events (source of the chronology above): https://patents.google.com/patent/US6957107/en
- uspto.report record: https://uspto.report/patent/grant/6957107
- Dec. 31, 2012 transfer / exclusive-license-back recital: https://insight.rpxcorp.com/litigation_documents/[12379001](/patent/12379001) (D. Mass. InfoBionic complaint ¶14)
- Braemar/CardioNet co-plaintiff posture: https://www.courtlistener.com/opinion/[4765168](/patent/4765168)/braemar-manufacturing-llc-v-the-scottcare-corporation/
Open items requiring a direct Assignment Center pull: reel/frame for every entry above; correspondent of record for each recording (especially the 2012-12-31 Braemar assignment); and confirmation of whether the 2002-06-11 "ROGERS, ROBERT E." record is the same instrument as the 2002-06-27 "ROGERS, BOBBY E." record.
Generated 9/28/2026, 10:23:12 PM
Prior art
Earlier patents, publications, and products that may anticipate or render the claims unpatentable.
I'll search for the prior-art references cited on the face of US 6,957,107, both from the patent's own background discussion and from the front-page "References Cited" list.
The generic searches aren't surfacing the front-page citation list. Let me target the patent's own reference list and the four references discussed in its background section.
Let me pull the front-page citation table from alternative sources.
Scope, method, and one hard limitation you need before reading the table
I ran the searches against the patent number 6,957,107 literally and filtered out same-string false positives (a Lithuanian business-registry notice, exercise-machine patents, and a PTAB exhibit containing a copied EAST query string ("6595929" "6769607" "6957107" "7028897" …).PN. — none of these are the patent or its art). So the identifier discipline you asked for was applied.
The limitation I could not overcome in this session: my searches returned the Google Patents bibliographic/description portions of US 6,957,107, but not the front-page "(56) References Cited" table (the "U.S. Patent Documents" and "Foreign Patent Documents" columns). I therefore cannot enumerate the complete face-of-patent citation list, and I will not reconstruct it from memory. What I can ground with high confidence — because it is quoted in the authoritative full text you supplied — is the set of references the specification cites by patent number in the Background. Those are listed first. I flag this gap explicitly rather than pad the list.
Category 1 — References the '107 specification cites by number (grounded verbatim in the supplied text)
All four issued more than one year before the 2002-03-13 filing/priority date, so each is available as § 102(b) prior art (pre-AIA, which governs this 2002 filing). None of them was found to be a § 102(e) reference.
1. U.S. Patent No. 5,626,630 — Markowitz
- Full citation: U.S. Pat. No. 5,626,630, Markowitz et al. (assignee not stated in the supplied text)
- Dates: issued 1997 (exact issue date not verified in this session — treat as a gap; the patent's own text gives no date).
- Description (as the '107 patent characterizes it): "Markowitz describes a transceiver that can be adapted for use with new and old IMD's; however this transceiver must be electrically connected to the IMD."
- § 102 analysis: This is the most dangerous of the four to the '107 patent, and the specification admits why — it credits Markowitz with the same new/old-IMD compatibility the '107 patent claims as an advantage. If the granted apparatus claim does not recite the "electronically independent / absence of hard electrical connection" limitation, Markowitz plausibly discloses a communication system, memory, control system, and power supply for an IMD transceiver, i.e., potential § 102(b) anticipation of a "transceiver apparatus" claim (Claim-type A in the prior section). The '107 patent's entire stated point of novelty is the negative limitation — no hard wiring. Markowitz cannot anticipate any claim that expressly requires that independence, because the reference teaches the opposite.
- Which claims: potentially Claim-type A (transceiver apparatus), only conditionally — i.e., only if the granted claim omits the electronic-independence/separate-implanted-body limitation. Cannot reach Claim-type B (implantable transceiver with sensor + hermetically sealed case) unless Markowitz discloses an implantable hermetically sealed body.
2. U.S. Patent No. 6,083,248 — Thompson
- Full citation: U.S. Pat. No. 6,083,248, Thompson.
- Dates: issued 2000 (exact issue date not verified here).
- Description (as the '107 patent characterizes it): "a system in which a transceiver is incorporated within the IMD. This system provides a long-range communication system that enables remote monitoring of the IMD. The transceiver communicates with an external patient communication control device that is worn by the patient, or otherwise located in close proximity. The external control device is linked with a remote medical support network."
- § 102 analysis: Discloses the remote-monitoring architecture (long-range IMD transceiver → worn external control device → remote support network) and therefore could anticipate claims drawn only to communicating with an external monitor and a remote monitoring center. It fails every limitation requiring the transceiver to be a body separate from and electronically independent of the IMD, because in '248 the transceiver is inside the IMD. It likewise cannot anticipate Claim-type B's "hermetically sealed case [housing the transceiver] suitable for implantation" as a distinct implant.
- Which claims: potentially dependent claims reciting the external monitor / remote medical support network / remote monitoring functions. Not the independent apparatus claims as reconstructed (electronic independence + separate implant).
3. U.S. Patent No. 5,752,976 — Duffin & Thompson
- Full citation: U.S. Pat. No. 5,752,976, Duffin & Thompson.
- Dates: issued 1998 (exact date not verified here).
- Description: The '107 patent cites it as the further-embodiment disclosure of the same '248 system ("This system is further described in U.S. Pat. No. 5,752,976 to Duffin & Thompson"). It is the patient-location/telemetry companion to '248 (the '107 patent's own GPS/location material maps onto this lineage).
- § 102 analysis: Relevant principally to dependent claims reciting patient-location determination (GPS or relative positioning). For those, it is potential § 102(b) art if it discloses location telemetry as claimed. It shares '248's fatal gap for the independent claims: the transceiver remains in/attached to the IMD system, not a separate electronically independent implant.
- Which claims: potentially the location/GPS dependent claims; not the independents.
4. U.S. Patent No. 5,959,529 — Kail
- Full citation: U.S. Pat. No. 5,959,529, Kail.
- Dates: issued 1999 (exact date not verified here).
- Description (as the '107 patent characterizes it): "The Kail Patent enables communication from an ambulatory subject to a monitoring center." The specification immediately distinguishes it: "the system described by Kail does not provide for communication with, monitoring, and programming an IMD within a patient."
- § 102 analysis: Anticipates only claims that stop at ambulatory monitoring → central monitoring center. It cannot anticipate any claim reciting two-way communication with, or reprogramming of, an implanted device, because the patent's own distinguishing statement says Kail lacks that capability (and the applicant's characterization, if accurate, is a § 102 gap).
- Which claims: possibly the monitoring-center / notification dependent claims; not the independent apparatus or IMD-communication claims.
Category 2 — The front-page "(56) References Cited" column: not retrieved
I could not obtain the complete list of U.S. and foreign patent documents printed on the face of US 6,957,107. Given that the granted document reports 19 claims and 13 drawing sheets and cites a mix of art, a complete § 102 survey must include that column. I am not going to invent entries. To close this gap, pull the face of the patent directly:
- USPTO Patent Center / patentimages PDF:
https://patentimages.storage.googleapis.com/34/03/c2/e14226db364786/US6957107.pdf - Google Patents "Patent Citations" panel:
https://patents.google.com/patent/US6957107/en
(One search returned a fragment 2007/0173947 A1 … Eggers et al. and EP 956827 adjacent to the '107 family — these are forward-looking citations in other patents' reference lists, not the '107 front page. Do not attribute them to '107's (56) column.)
Category 3 — Forward citations: not prior art, do not use for § 102
Searches confirm US 6,957,107 appears in the "References Cited" lists of later patents, e.g. 6957107 | October 18, 2005 | Rogers et al. in US 10,297,132, US 9,451,975, US 9,173,670, US 10,314,642, etc. Under § 102 these are backward-looking references from those patents, not art against '107. Listing them as § 102 art would be an error.
§ 102 framing — two cautions you must carry forward
Claim text is still unverified. The previously generated sections flagged that the authoritative text supplied ends mid-detailed-description and omits the numbered claim set. My "which claims" column therefore refers to the reconstructed Claim-type A (transceiver apparatus: communication system + memory + control system + power supply) and Claim-type B (implantable transceiver: two-way transceiver + sensor + memory + control system + power supply + hermetically sealed case) from the prior section — not verbatim granted claims. Anticipation requires every limitation; a reconstruction is enough to rank art but not to conclude anticipation.
The pivotal claim-construction question is the negative limitation. The '107 patent's stated novelty is "electronically independent" transceiver (specification: "The term 'electronically independent' refers to the absence of hard electrical connections…"). If that concept appears in the granted independent claims, Markowitz '630 (which teaches the wired version) cannot anticipate — it is distinguished art. If it does not appear in granted claim 1, '630 (and to a lesser extent '248) becomes genuinely anticipatory. Confirming claim 1's exact scope is therefore the single highest-value next step.
No contradiction found with the previously generated sections; this analysis is consistent with them. Minor housekeeping: your task states "Current Date: April 26, 2026," while session context supplies 2026-09-28 — reproduced as recorded, not reconciled (this does not affect any date conclusion here).
Recommended verification to complete the § 102 survey
- Pull the full (56) column from the '107 PDF link above and add each entry with its issue/publication date.
- Retrieve the verbatim granted claims (Patent Center, app. 10/099,929) to fix whether "electronically independent" and the "hermetically sealed case" are claim limitations.
- For any face-of-patent U.S. reference, pull its own front page to confirm filing/priority dates for § 102(e) vs § 102(b) treatment.
Sources: https://patents.google.com/patent/US6957107/en · https://patentimages.storage.googleapis.com/34/03/c2/e14226db364786/US6957107.pdf · https://uspto.report/patent/grant/6957107 · https://ptacts.uspto.gov/ptacts/public-informations/petitions/[1557860](/patent/1557860)/ · https://patents.justia.com/patent/[9173670](/patent/9173670) · https://patentimages.storage.googleapis.com/1b/46/b5/99cbf1726f66ae/US9451975.pdf
If you want, I can next fetch the full (56) reference column from the patentimages PDF and build the complete per-reference § 102 table — that converts Category 2 from "not retrieved" to a finished list.
Generated 9/28/2026, 10:22:57 PM
Obviousness
Combinations of prior art that suggest the claimed invention would have been obvious under 35 U.S.C. § 103.
I'll ground the prior-art references before building the § 103 combinations.
Obviousness Analysis — U.S. Patent 6,957,107 under 35 U.S.C. § 103 (pre‑AIA)
Scope and carry‑forward flags. This builds on the two previously generated sections (bibliography/summary and litigation), which remain authoritative here. Two carry‑forwards:
- Claim text still unverified. The authoritative full text supplied ends mid‑sentence in the detailed description and contains no numbered claim set. Every claim reference below is to the Summary‑of‑the‑Invention "aspects" (which the earlier section reconstructed as the two independent claims) and is labeled as such. Do not treat claim numbering as verified.
- Date discrepancy carried forward, not reconciled. The current task states April 26, 2026; my session context supplies 2026‑09‑28. Both are reproduced as given.
- Retrospective posture. Google Patents records this patent as "Expired – Lifetime," adjusted expiration 2023‑01‑30. Obviousness is therefore relevant only to past damages in a still‑pending action, to validity opinions, or defensively — not to prospective relief. That does not change the analysis, but it should be stated.
- No contradiction found between this section and the prior sections' findings on claim scope, assignee, or litigation history.
1. Governing framework and level of ordinary skill
Because the application was filed March 13, 2002, pre‑AIA § 103(a) applies, with prior art measured under pre‑AIA § 102(a)/(b)/(e). The critical date is March 13, 2002; art qualifying under § 102(e) (U.S. patents/publications) is measured from its U.S. filing date, not its issue or publication date. KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398 (2007), governs motivation to combine; Graham v. John Deere Co., 383 U.S. 1 (1966), supplies the four factual inquiries.
POSITA (my construction, consistent with the field in 2002): a bachelor's degree in electrical/biomedical engineering or computer science, plus 2–5 years of experience in implantable medical device telemetry and/or ambulatory patient monitoring, or equivalent. Such a person was familiar with both short‑range inductive IMD telemetry (e.g., the MEDTRONIC TeleTrace‑type transtelephonic follow‑up described in the '976 background) and the emerging long‑range RF/cellular relay architectures.
2. The prior art
2a. References discussed in the patent's own prior‑art section (primary)
| Ref. | Date | What it discloses, mapped to the '107 |
|---|---|---|
| U.S. 5,959,529 — Kail, IV, Reprogrammable remote sensor monitoring system | filed 1997‑03‑07; issued 1999‑09‑28 | Portable monitoring unit with sensor, location‑determining device, and sensor interface unit; transmits sensor data via digital wireless network to a central monitoring device, which "processes and stores the received data in a database." Supports the external‑monitor + central‑station legs of the '107. |
| U.S. 5,752,976 — Duffin et al., World wide patient location and data telemetry system for implantable medical devices | issued 1998‑05‑19 | IMD a telemetry transceiver communicating with an "external patient communications control device… worn by or located in proximity to the patient"; control device has a communication link with a remote medical support network, a GPS receiver, a patient‑activated link, and a system controller that transmits telemetry out of the IMD and "receiv[es] and initiat[es] re‑programming of the implanted device operating modes and parameters in response to instructions received from the medical support network." Link may be satellite, hard‑wired telephone, or cellular. |
| U.S. 6,083,248 — Thompson | issued 2000‑07‑04 | Same Medtronic family (CON/CIP of the '976 line); transceiver located within the IMD. This is the reference the '107 criticizes as unsuitable for legacy IMDs. |
| U.S. 5,626,630 — Markowitz et al. | issued 1997‑05‑06 | Two‑way repeater architecture: claim 1 recites "a first transceiver for generating the interrogation signal and for communicating with the transponder; and a second transceiver for communicating with the remote monitoring station." Claim 2: repeater "includes means to initiate interrogation of the device's monitoring circuitry." Claim 3–4: object is a human body / an implanted heart stimulator‑monitor. Claim 5: repeater includes a GPS receiver. Claim 6: second transceiver is a cellular telephone. Claims 15, 19: the remote monitoring station has its own transceiver and "means to initiate interrogation… by communicating an information request to the repeater." Claim 21: processor connected to the second transceiver that receives an information request and causes the first transceiver to interrogate. |
2b. Supplementary art in the same field (identified in search; not in the patent's own prior‑art discussion)
| Ref. | Relevant date | Disclosure |
|---|---|---|
| U.S. 5,113,869 — Nappholz et al. | issued 1992‑05‑19 | Implanted ambulatory ECG monitor with long‑range telemetry to external accessory devices; RF signals encoded with device serial number; telemeters out alarms/ECG and receives programming signals; also telemetries with other implanted devices (drug pumps, pacemaker‑CD) "to initiate or control their operation"; wrist‑worn communicator alarm; belt‑worn recorder; auto‑interrogation at preset times; remote telephonic communicator automatically triggered to dial a clinic via modem. (Described in the '976 background; the '869 text itself was not retrieved verbatim — flagged.) |
| U.S. 5,336,245 — Adams et al. | issued 1994‑08‑09 | Programmer/interrogator telemeters data out of a limited‑capacity IMD memory to an external recorder and forwards accumulated data to a clinic via auto‑dialer/FAX modem. (Via the '976 background.) |
| EP 0 987 047 A2 — Lang et al., Patient Monitoring System | priority 1998‑09‑18; published 2000‑03‑22 (§ 102(b) art) | Pacemaker/defibrillator acquires physiological data; a mobile phone transmits it to an external system accessible by a cardiologist, who may order an ambulance; the phone also determines patient location and transmits a low‑battery warning. |
| U.S. 7,060,030 / US 2003/0130708 A1 — Von Arx et al. (Cardiac Pacemakers) | filed 2002‑01‑08 (⇒ § 102(e) art) | Two‑hop telemetry interface: a first transceiver coupled to the IMD, a second far‑field RF transceiver coupled to a remote transceiver, a data buffer, a controller (with header processing), and a power source (claim 2). Note the secondary source calls claim 13's interface "external," which matters for the implantation limitation. |
| Biotronik family, e.g. U.S. 6,434,429 (Implant with close and long‑range telemetry), U.S. 6,574,509, U.S. 6,622,043 (Method of data interrogation in implant after‑care) | all filed 1999‑06‑25 (⇒ § 102(e) art) | An implant having both close‑range and long‑range telemetry and after‑care data interrogation — directly relevant to the '107's multi‑mode legacy/new‑IMD communication point. |
| U.S. 6,312,378 / 6,270,457 / 6,358,203 — Cardiac Intelligence; U.S. 6,418,346 / 6,497,655 — Medtronic | filed 1999‑06‑03 and 1999‑12‑14/17 (⇒ § 102(e) art) | Automated remote collection/analysis of patient information retrieved from an IMD; remote therapy/diagnosis and "virtual remote monitor, alert, diagnostics and programming" for IMD systems. (Verified only at the level of a retrieved citation list — flagged.) |
Locating note: the "references cited" table above is not the patent's own list. I could not retrieve the granted patent's front‑page "References Cited" or the file wrapper, so I cannot report what the Examiner actually considered. The four references in § 2a are those the specification itself discusses.
3. Grounds of rejection
Ground 1 — Claim 1 (transceiver apparatus) is obvious over Markowitz '630 in view of Duffin '976 (and Thompson '248)
Element mapping (per the reconstructed claim 1):
| Claim element | Disclosing reference |
|---|---|
| "for use in conjunction with a device implanted into a living being" | Markowitz claims 3–4 ('630, human body; implanted heart stimulator/monitor) |
| communication system for communicating with the implanted device | Markowitz claim 1, first transceiver |
| communication system for communicating with the external monitor | Duffin '976 (worn external patient communications control device) and Markowitz claim 1, second transceiver to a remote station |
| memory for storing digital information | Duffin '976 (control device stores telemetry/positioning data); inherent in Markowitz's repeater |
| control system executing stored instructions and managing communication | Duffin '976 ("system controller… controls data and voice communications"); Markowitz claim 21 (processor causing interrogation on request) |
| power supply | Inherent in the portable/worn devices of '976 and '630; expressly claimed in '030 claim 2 |
Motivation (KSR factors). Both references are in the identical field (ambulatory IMD telemetry to a remote support network) and address the identical problem — the short range of conventional IMD telemetry and the resulting constraint on patient mobility, which the '976 background states expressly ("The short range of conventional device telemetry is itself viewed as unduly limiting of a patient's mobility"). Duffin's control device must be worn or physically maintained in proximity to the patient and, because its transceiver sits inside the IMD, works only with IMDs that contain one. Markowitz expressly addresses compatibility with "new and old IMDs" through an intermediate repeater. A POSITA seeking to extend Duffin's long‑range reprogramming/monitoring paradigm to legacy IMDs, and to reduce the burden of a patient‑worn relay, would predictably substitute Markowitz's repeater (a two‑transceiver bridge with a processor, GPS, and remote interrogation capability) for Duffin's in‑IMD transceiver. That is "[t]he combination of familiar elements according to known methods… yield[ing] predictable results." KSR, 550 U.S. at 416.
Anticipation of the patentee's stated distinctions. The '107 distinguishes Markowitz on the ground that Markowitz's "transceiver… must be electrically connected to the IMD," and distinguishes Kail on the ground that "the system described by Kail does not provide for communication with, monitoring, and programming an IMD within a patient." Both characterizations appear overstated on the record retrieved:
- Markowitz claim 1 recites a repeater whose first transceiver generates an interrogation signal and communicates with the implanted transponder — an over‑the‑air link, not a hard‑wired one. If the '107's characterization is wrong, the principal non‑obviousness distinction over Markowitz collapses.
- Kail's system is literally titled "Reprogrammable" remote sensor monitoring system, and its central device "processes and stores the received data."
I flag these as contradictions between the patent's own background and the reference claims, and I recommend verifying Markowitz's full specification before relying on either characterization. This matters because a mischaracterized distinction is exactly what an invalidity challenger attacks first.
Ground 2 — Claim 1, alternative: Duffin '976 in view of Nappholz '869
If the preamble of claim 1 is construed not to require that the transceiver apparatus itself be implanted (the Summary's first "aspect" recites no hermetic case, whereas the second "aspect" does — a structural signal that the two claims differ on this point), then Duffin '976 alone supplies nearly every element for a body‑worn relay, and Nappholz '869 supplies the wireless IMD‑side link plus independent physiological sensing, programming reception, and inter‑IMD communication. Duffin's own disclosure of inductively/RF‑coupled IMD telemetry renders the "electronically independent" feature (no hard electrical connection) obvious in this combination.
Ground 3 — The implantable‑transceiver claim (two‑way transceiver + sensor + memory + control system + power supply + hermetically sealed case) is obvious over Nappholz '869 in view of Markowitz '630 and Kail '529
| Claim element | Disclosing reference |
|---|---|
| at least one two‑way transceiver for the external monitor and/or the IMD | Markowitz claims 1, 15, 19, 21; Nappholz '869 (long‑range telemetry and inter‑IMD telemetry, both directions) |
| at least one sensor detecting stimulus generated by the IMD and/or the living being | Nappholz '869 (implanted ECG sensing electrodes detect patient physiology; detection of other IMD operation); the '869 background discussion in '976 confirms both capabilities |
| memory for storing digital information | Nappholz '869 (full‑disclosure recorder; stored ECG); Kail '529 (database at central device); Duffin '976 |
| control system executing instructions, managing two‑way comms and sensor detection | Nappholz '869; Kail '529; Markowitz claim 21 |
| power supply | Inherent in any implanted monitor; cf. '030 claim 2 (express) |
| hermetically sealed case suitable for implantation | Ubiquitous in the implantable‑device art; Nappholz '869 is itself an implanted monitor; the '107's own spec treats the hermetic case as conventional ("hermetically sealed and remains electrically isolated") |
Motivation. Nappholz '869 supplies the in‑body device that both senses patient physiology and speaks to other IMDs. Markowitz supplies the bridge function — first transceiver to the IMD, second transceiver to a remote station, processor, GPS — and expressly targets "new and old IMD's." Kail supplies the central station, wireless network, and database. The combination places Markowitz's bridge inside the patient rather than requiring a worn/draped external unit, which: (i) eliminates the patient‑compliance problem inherent in Duffin's worn control device and in Markowitz's external repeater; (ii) removes the size/power/interference penalties of the '248 in‑IMD transceiver that the '107 itself identifies; and (iii) serves the same legacy‑IMD‑compatibility goal stated in the '107. These are design incentives discussed in the field itself, satisfying KSR's "design incentives, market forces, and… the background knowledge, creativity, and common sense of the person of ordinary skill."
Ground 4 — The "verify that the IMD is operating as it thinks it is" feature
The independent‑sensing‑plus‑comparison concept is the feature the '107 most clearly treats as its point of novelty. Under § 103 it is vulnerable on two independent theories:
- The specification supplies the motivation. The '107 states the problem in admitted terms: "there is no verifiable way to ascertain whether the IMD is performing like it 'thinks' it is." A problem recognized and articulated in the field is itself a strong motivation to combine. Nappholz '869 discloses a device that independently senses the same physiological variable the IMD acts on; a POSITA implementing the Ground‑3 architecture to perform device diagnostics would plainly compare the two streams — that is the entire purpose of adding a second, independent sensor to a device whose job is to police another device.
- The comparison step is functional and unclaimed in algorithmic detail. The disclosure describes "process[ing] data… so as to compare… and communicat[ing]/execut[ing] reprogramming instructions" without any claimed comparison algorithm, threshold scheme, or signal‑processing detail. On the reconstructed claim scope, the comparison is a result to be achieved using conventional data processing, and prior art need not disclose a specific comparator implementation. KSR, 550 U.S. at 418 ("if a technique has been used to improve one device… a court must ask whether the improvement is more than the predictable use of prior art elements according to their established functions").
Ground 5 — Dependent claims (mapped to the '107's own disclosed alternatives)
Because the claim numbering is unverified, I map by disclosure topic rather than by claim number:
| Disclosed alternative (dependent‑claim universe) | Art rendering it obvious |
|---|---|
| Bluetooth / IEEE 802.11b PAN/LAN wireless techniques | General knowledge in 2001–02 (Bluetooth 1.0 ratified 1999; IEEE 802.11b products shipping 1999–2000); the Medtronic WO 02/068047 disclosure (published 2002‑09‑06) expressly proposes Bluetooth chips "to function within the body to outside the body." (Publication post‑dates the critical date; verify its U.S. priority — flagged.) |
| Separate transceiver units for multiple IMDs | Markowitz claim 1 (separate first/second transceivers); Kail's central device "communicate[s] with any of a plurality of portable monitoring units"; Nappholz '869 inter‑IMD telemetry |
| ROM/RAM variants (PROM, EPROM, EEPROM, flash, SRAM, DRAM) | Routine design choice among known memory types; no unexpected result asserted |
| Control system as PLD, microprocessor, microcontroller, FPGA, ASIC | Routine design choice; the '107 itself names a specific off‑the‑shelf part (Atmel AVR MEGA 103) |
| Induction or motion‑based recharging / self‑powered | Well‑known implant powering techniques; inductive transcutaneous charging and kinetic (automatic‑watch) energy harvesting were both long‑established |
| GPS / relative positioning | Markowitz claim 5 (GPS in repeater) and claims 20 (GPS activated by remote station); Duffin '976 (GPS receiver in control device); Kail '529 (location‑determining device); EP 0 987 047 A2 (mobile‑phone location) — a four‑way redundancy |
| Magnetic‑field, analog, and digital modes for old vs. new IMDs | The '107 admits "some old IMDs require a magnetic field communication system"; Markowitz (inductive/magnetic interrogation of a passive transponder) + the Biotronik § 102(e) family (close‑ and long‑range telemetry in one implant) + EP 0 987 047 |
| Multi‑contact priority notification and escalation until acknowledgement | Kail '529 (central monitoring device notifies/calls); Duffin '976 (medical support network contacts physician; patient‑activated emergency link); plus conventional on‑call/paging escalation, which was ordinary practice in medical answering/telemetry services by 2002 |
| Automated compilation of reprogramming instructions at the monitoring center | Duffin '976 ("initiating re‑programming of the implanted device operating modes and parameters in response to instructions received from the medical support network"); Markowitz claim 19 (remote station initiates interrogation/requests); WO 01/43823 (programmer creates requests, server stores, monitor transmits) |
Ground 6 — Method claims (if any exist)
The title recites "Method and apparatus," and FIGS. 7, 7A and 11 depict method flows, but I could not confirm any independent method claim. If such claims exist, they map as follows: FIG. 7 (remote reprogramming) → Duffin '976 + Markowitz '630 + Kail '529; FIG. 7A (automatic reprogramming from locally sensed data) → Kail '529 (local analysis and automatic contact) + Nappholz '869; FIG. 11 (escalating notification until acknowledgement) → Kail '529 + conventional on‑call escalation.
4. Where the cited art is weakest (honest assessment)
I do not want to overstate the strength of these grounds:
- The "electronically independent" (no hard electrical connection) limitation is the crux, and the record is internally inconsistent. The '107 asserts Markowitz requires an electrical connection; Markowitz's own claim 1 describes wireless interrogation of an implanted transponder. Either the patentee's distinction is wrong (which helps the challenger) or there is a Markowitz embodiment I have not read (which would require me to find a different reference teaching a wireless IMD‑to‑relay link — Nappholz '869, Duffin/Thompson, or the § 102(e) Biotronik art).
- No single reference retrieved discloses an implanted relay transceiver that is separate from, and wirelessly bridging, a legacy IMD to an external handheld and onward to a monitoring center. That is the specific combination the claims are aimed at, and every ground above requires at least a two‑ or three‑reference combination plus a motivation argument. Multi‑reference combinations are more attackable than a single anticipatory reference.
- US 7,060,030 (two‑transceiver telemetry interface, filed 2002‑01‑08) is the closest § 102(e) art I found, but the secondary source labels its interface "external," so it does not by itself supply the implanted/hermetically‑sealed limitation.
- I did not retrieve the prosecution history, so I cannot say what the Examiner cited or what arguments overcame what art. That is the single highest‑value missing document.
5. Secondary considerations (Graham factor 4)
- No evidence of unexpected results appears in the specification or in anything I retrieved. The described advantages (patient mobility, avoidance of office visits, legacy‑IMD compatibility, reduced surgery) are the intended and expected consequences of relocating a known relay function into the body — the classic "advantages… inherent in the combination" that do not rebut obviousness.
- No nexus evidence to any asserted commercial success. The patent expired 2023‑01‑30, was never asserted in the CardioNet/Braemar campaigns (per the prior litigation section, it is not among the five conveyed patents: '403, '901, '850, '996, '767/'715, and not among the asserted '237/'207/'095 set), and I found no licensing revenue tied to it. Lack of assertion is not itself evidence of non‑obviousness, but there is no countervailing secondary‑consideration record to weigh.
- Copying / industry praise: none located.
- Design‑around evidence: none located.
6. What would change this conclusion
- Retrieve the verbatim claim set (claim 1 and any other independent claim) from the grant PDF or Patent Center. If claim 1 expressly recites "hermetically sealed case suitable for implantation" and "electronically independent of the implanted device," Ground 1 weakens and Ground 3 becomes the lead theory.
- Read Markowitz '630's full specification to resolve the wired‑vs‑wireless contradiction. This is the highest‑leverage unresolved fact.
- Pull the prosecution file history for application 10/099,929 to see which references were cited and which arguments were made.
- Verify the § 102(e) filing dates for US 7,060,030 / US 2003/0130708 A1 (2002‑01‑08), the Biotronik 1999‑06‑25 family, U.S. 6,312,378 (1999‑06‑03), U.S. 6,418,346 (1999‑12‑14), and U.S. 6,497,655 (1999‑12‑17) directly against the USPTO records; my dates come from a retrieved citation list.
- Confirm the priority date of Medtronic WO 02/068047 before relying on its Bluetooth‑within‑the‑body passage.
Sources: https://patents.google.com/patent/[US6957107](/patent/US6957107)/en · https://patentimages.storage.googleapis.com/34/03/c2/e14226db364786/US6957107.pdf · http://www.everypatent.com/comp/pat5626630.html · https://www.docketalarm.com/cases/[PTAB](/ptab)/IPR2015-00246/Inter_Partes_Review_of_U.S._Pat._8373559/docs/11-06-2014-Petitioner/Exhibit-1006-[US5959529](/patent/US5959529).pdf · https://patentimages.storage.googleapis.com/b2/22/7f/ae73f1ad2bc112/[US5752976](/patent/US5752976).pdf · https://patents.google.com/patent/US20060106433 · https://patentimages.storage.googleapis.com/1a/c3/5b/caa192070a88ad/EP1334747A3.pdf · https://patents.google.com/patent/WO2002068047A2/en · https://www.patentsencyclopedia.com/app/20110160801 · https://patents.justia.com/patent/7060030 · https://patents.google.com/patent/[US8265556B2](/patent/US8265556B2) · https://patents.google.com/patent/[US8638221B2](/patent/US8638221B2) · https://patents.justia.com/patent/[RE43767](/patent/RE43767) · https://companyprofiles.justatic.com/patent/[7130396](/patent/7130396) · https://patentimages.storage.googleapis.com/0c/b3/bc/478c06b604b3f8/EP1478432B1.pdf · https://patentimages.storage.googleapis.com/5a/50/b1/1193650aafb8c0/EP2355065B1.pdf · https://ptacts.uspto.gov/ptacts/public-informations/petitions/[1460891](/patent/1460891)/download-documents?artifactId=9x7LbOX2z_rMexDRD4xmRH527ReSQPKkk4n1iz34On4TDZDpL-R3pjk · https://ptacts.uspto.gov/ptacts/public-informations/petitions/[1458911](/patent/1458911)/download-documents?artifactId=J_8TQ_eHIWZMW54RCCFiqLAWRY0Pp4ehPIyMlg_OpFLCWb-SVRax8Zw
Generated 9/28/2026, 10:24:10 PM
Extensions
Patent term adjustments, term extensions, continuations, divisionals, family members, and expiration dates.
Derivative works
Defensive disclosure: derivative variations of each claim designed to render future incremental improvements obvious or non-novel.
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