ATLANTE, August 10, 2022 /PRNewswire/ — ThermaMEDx, LLC, maker of the innovative EverTears® eye patch designed to aid in the treatment of dry eyes, today announced that it is preparing petitions to file with the U.S. Patent and Trademark Office ( USPTO) challenging the validity of patent claims held by Ocugiene, Inc. and Founder Abraham Ebbie Soroudi of Beverly Hills, California.

EverTears® eye pads were developed in collaboration with ThermaMEDx co-founder and world-renowned eye teacher and optometrist, Dr. Michael Guillon. Professor Guillon’s research and clinical work to create new treatments for ocular surface problems like dry eye spans nearly 40 years. Professor Guillon is a named inventor on more than 50 patents worldwide, many of which relate to technologies developed with co-inventors at the world’s leading optical companies.

Professor Guillon’s technology has been the subject of numerous issued patents and patent applications in United States and worldwide, including an international PCT patent application for products for the treatment of eyelid disorders, such as meibomian gland dysfunction.1 ThermaMEDx has identified Ocugiene patents that were filed after Dr. Guillon’s international patent application and also issued product claims for the treatment of eye conditions.2 ThermaMEDx will seek review of these Ocugiene patents at the USPTO.

ThermaMEDx prepares petitions for inter partes (IPR) relating to Ocugiene’s patents, including U.S. Patent Nos. 7,211,070 and 7,513,893. ThermaMEDx’s IPR petitions will be filed with the Patent Trial and Appeal Board of the USPTO and will seek the invalidation of certain claims of these patents. Evidence accompanying ThermaMEDx petitions will include, among others, Dr. Guillon’s international patent application.

A ThermaMEDx spokesperson stated that “ThermaMEDx values ​​intellectual property and believes it is in the public interest to clarify the patent landscape for eye treatment products. Based on the amount of evidence that, We believe support our next petitions, we look forward to the Patent Trial and Appeal Board’s findings regarding Ocugiene’s patents.”

1 International application no. PCT/GB2003/004782 filed November 5, 2003 (published as WO 2004/041134 A1)
2 See for example, U.S. Patent No. 7,211,070 (from U.S. Application No. 10/799,209 filed March 12, 2004 and claiming the benefit of U.S. Provisional Application No. 60/526,251 filed December 1, 2003); and 7,513,893 (from U.S. Application No. 11/324,848 filed on January 3, 2006 as a continuation-in-part of U.S. Application No. 10/799,209).


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