Vive Health, LLC. v. Stander, Inc.
Infringement action filed 28 Jul 2023 in the United States District Court for the Middle District of Florida and closed 31 Oct 2023, with 4 patents asserted. Recorded basis of termination: dismissed with prejudice.
Case record
- Patents involved
- US3739793AUS6138301AUS6401280B1US8973192B2
- Case no.
- 2:23-cv-00565
- Verdict cause
- Infringement action
- Court
- M.D. Fla.
- Court level
- District Court
- Case region
- Florida
- Chief judge
- None recorded
- Trial level
- First instance
- Filed – Closed
- 28 Jul 2023 – 31 Oct 2023
- Duration
- 95 days
- Basis of termination
- Dismissed with Prejudice
- Products & marks
- Bed rail-B07NWWWKNJ · Bed rail-B094WN9ZFP
Check this patent against your own product
Prior art, claim scope, infringement exposure and design-around routes. Every answer cites the records behind it.
Get an FTO claim chart- 01Ranked prior artEvery hit source-linked
- 02Claim-level comparisonAgainst your own product
- 03Legal statusAcross 174 jurisdictions
Aid for use in sitting down or standing up
An aid for use by a crippled person in sitting down and standing up. In a preferred embodiment, the aid has generally J-shaped legs on opposite side thereof, each including an upper branch and a lower branch. The lower branches are connected together by connecting means which may be located in different places relative to the lower branches. The aid is particularly useful in assisting a crippled person in sitting down on a bed or standing up from a seated position on a bed, but the aid can be used for assistance in sitting down and standing up relative to articles other than beds. By using the aid, a person need not call a nurse or attendant to help him.
- Legal status
- Inactive
- Granted
- 19 Jun 1973
- Est. expiry
- 19 Jun 1990
- Validity challenges
- None recorded
- Licences recorded
- None recorded
- Inventors
- WILSON, ALLEN B.
- Classification
- A61G7/05A61G7/053A47K17/00A47K17/02
- Examiner
- WILLIAMOWSKY, DAVID J.
Bed transfer device
A bed transfer device for use by individuals in getting into and out of bed. The device includes a rail member and a lateral support member of generally the same shape and size. The lateral support member slides between the mattress and box spring. The rail member supported by the floor and the lateral support member allows for an individual to grasp the rail when transferring from bed.
- Legal status
- Inactive
- Granted
- 31 Oct 2000
- Est. expiry
- 22 Mar 2019
- Validity challenges
- None recorded
- Licences recorded
- None recorded
- Inventors
- BATTISTON, JOSEPH
- Classification
- A61G7/05A61G7/053A61G5/00A61G5/14
- Prosecution counsel
- KLAUBER & JACKSON
- Examiner
- TRETTEL, MICHAEL F.
Also asserted in this case
2 moreThe docket lists 4 asserted patents. Full bibliographic detail, drawings and prosecution history for the remaining 2 asserted patents are one query away in Eureka.
Parties of record
Vive Health, LLC.
- Core tech
- Not recorded
- Counsel
- Jodi-Ann Mclane · Kenneth W. Cohen
- Firm
- Aspiro Legal LLC
Stander, Inc.
- Core tech
- Not recorded
- Counsel
- Not recorded
- Firm
- Not recorded
Counsel of record
| Attorney | For | Role |
|---|---|---|
| Jodi-Ann Mclane | Vive Health, LLC. | Plaintiff |
| Kenneth W. Cohen | Vive Health, LLC. | Plaintiff |
Basis of termination
From the record · verbatim“Decision by Court. This action came before the Court and a decision has been rendered. IT IS ORDERED AND ADJUDGED that pursuant to this Court’s Order, entered October 30, 2023, judgment is hereby entered dismissing this action with prejudice. Any motions seeking an award of attorney’s fees and/or costs must be filed within the time and in the manner prescribed in Local Rule 7.01, United States District Court Middle District of Florida. Date: October 31, 2023”
Case 2:23-cv-00565 · M.D. Fla. · closed 31 October 2023
Related cases
Three questions this record usually leads to. Each one runs against the full litigation and patent corpus, and cites what it finds.
Frequently asked questions
What is case 2:23-cv-00565?
2:23-cv-00565 is a patent infringement action brought by Vive Health, LLC. against Stander, Inc., filed on 28 Jul 2023 in the United States District Court for the Middle District of Florida. The case closed on 31 October 2023.
Which patents were asserted in 2:23-cv-00565?
US3739793A (“Aid for use in sitting down or standing up”), assigned to WILSON A US, currently inactive; US6138301A (“Bed transfer device”), assigned to TUBULAR FABRICATORS INDUSTRY, currently inactive; US6401280B1 (“Portable bed railing”), assigned to BAKER, AMY C.; US8973192B2 (“Collapsible mobility assistance device”), assigned to STANDER INC.. The record also lists Bed rail-B07NWWWKNJ and Bed rail-B094WN9ZFP.
How was case 2:23-cv-00565 terminated?
The recorded basis of termination is dismissed with prejudice. The termination text reads: “Decision by Court. This action came before the Court and a decision has been rendered. IT IS ORDERED AND ADJUDGED that pursuant to this Court’s Order, entered October 30, 2023, judgment is hereby entered dismissing this action with prejudice. Any motions seeking an award of attorney’s fees and/or costs must be filed within the time and in the manner prescribed in Local Rule 7.01, United States District Court Middle District of Florida. Date: October 31, 2023”
What does dismissal with prejudice mean?
A dismissal with prejudice permanently ends the claims that were filed, so the same claims cannot be brought again against that defendant. It is the usual form when the parties have settled.
How long did case 2:23-cv-00565 take?
95 calendar days, from filing on 28 Jul 2023 to closure on 31 October 2023.
Who were the attorneys and the judge in 2:23-cv-00565?
Jodi-Ann Mclane and Kenneth W. Cohen are recorded as counsel for plaintiff Vive Health.
Disclaimer. This page reproduces publicly available court docket data for case 2:23-cv-00565 and is provided for general information and reference only. It is not legal advice and must not be relied upon as such.
Docket data has limits. Records are drawn from a snapshot and may lag the live docket. Sealed filings, amended complaints, counterclaims and post-closure motions may not be reflected. Party names, attorney names and firm affiliations are reproduced as recorded and may contain omissions. Where a field is absent from the record, this page marks it as not recorded rather than inferring a value.
No characterisation of the parties or the outcome. This page reports what the record contains. Nothing here should be read as an assertion that any party infringed, that any patent is valid or invalid, that any settlement occurred, or that any party prevailed.
No FTO or validity opinion. Nothing on this page constitutes a freedom-to-operate, novelty, validity or infringement opinion. Any decision touching a live patent dispute should be verified independently and reviewed with qualified patent counsel.