A Medical Device Daily

Proveris Scientific (Marlborough, Massachusetts) reported that the U.S. Court of Appeals for the Federal Circuit has affirmed the judgment entered against InnovaSystems (San Diego) in May 2007 for infringement of its patented SprayVIEW technology. The court also affirmed InnovaSystems' admission that it has infringed most of the patent's claims, which the company tried to recant, and the district court's entry of judgment as a matter of law in Proveris' favor on InnovaSystems' defense of invalidity.

Proveris' SprayVIEW technology for spray pattern and plume geometry is protected under U.S. Patent No. 6,785,400, which issued in 2004. The technology is used by organizations worldwide to automate, accelerate and increase the accuracy of the testing of pharmaceutical spray drug products and other sprays. Proveris' data capacity platform includes the patented Viota software platform and other patented equipment designed to help organizations obtain and maintain spray test data in a 21 C.F.R. Part 11 compliant environment.

"Although we have remained focused on delivering world-class software, equipment, and support to our customers across the globe, InnovaSystems' persistent patent infringement has been disruptive to the marketplace," said Dino Farina, president of Proveris. "We are gratified that the appeals court has also recognized the validity of our intellectual property and affirmed the permanent injunction to prevent InnovaSystems' further infringement."

Proveris says its software platform and equipment have "revolutionized" the way pharmaceutical spray drug products are developed, tested, and manufactured. Its systems are in use around the world by leading pharmaceutical companies and contract test laboratories, as well as the FDA.