Patent interference case to begin in Cardica C-Port system, Integrated Vascular claims

By Angela McDaniels

Seattle, March 23 - Cardica Inc. said the U.S. Patent and Trademark Office has declared an interference between Cardica's U.S. Patent No. 6,391,038 and Integrated Vascular Interventional Technologies LLC's pending U.S. Patent Application 10,243,543.

Cardica's patent covers its C-Port system, which is used in coronary bypass surgery.

An interference is a proceeding used to determine the priority of invention for patent claims. The declaration of interference was made by the Board of Patent Appeals after Integrated Vascular's patent application was found to be approvable except for an interfering subject matter - Cardica's patent.

In an 8-K report filed with the Securities and Exchange Commission, Cardica said it believes that if Integrated Vascular's patent claims are allowed in their present form, Cardica's products would not infringe such claims.

Cardica went on to say it will "vigorously" defend its patent during the upcoming proceeding with the patent office, which will involve issues including but not limited to whether an interference proceeding is appropriate, whether the involved claims are patentable and which company was first to invent the interfering subject matter.

In October, Cardica received a letter from Integrated Vascular that said the company had disputed Cardica's patent.

Then Cardica found an entry on the U.S. Patent and Trademark Office web site in February stating that an interference initial memorandum had been entered in Integrated Vascular's patent application.

Cardica is based in Redwood City, Calif., and designs and manufactures systems used by surgeons to perform coronary artery bypass surgery.

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