USPTO rules out Oculir's claim on noninvasive glucose measuring device patent

The U.S. Patent and Trademark Office (USPTO) has held that all claims in Oculir's Patent No. 6,958,039 to be invalid as not patentable based on prior art from a patent disclosure by Yale researcher, Dr. Marc Abreu. The final rejection forced Oculir, Inc. of San Diego, CA, to close down, with an undisclosed sum returned to investors, and has paved the way for Brain Tunnelgenix Technologies Corp. (BTT Corp.) to announce that it will launch the first noninvasive glucose testing and brain temperature measurement device for people with diabetes.

“Oculir's actions of failing to disclose to the world that Dr. Abreu was the inventor of this extraordinary technology did a great injustice to a brilliant and dedicated clinician/scientist, who has devoted his life to advancing patient care and who pioneered this revolutionary discovery as well as many others”

This device is based on Dr. Abreu's patent on the radiation signature of glucose, entitled "Apparatus and Method for Noninvasive Measurement of Analytes Using Mid-Infrared Radiation" (US Patent No. 7,403,805), and his groundbreaking discovery of the Brain Temperature Tunnel™ (BTT™) (US Patent No. 7,187,960), which enables internal body temperature to be measured continuously from outside the body for the first time in history.

"It is important to clear the record that Dr. Abreu is the true inventor of this remarkable breakthrough noninvasive device for measuring glucose and not John F. Burd et al. from Oculir," said Rick Foreman, Chief Executive Officer (CEO) of BTT Corp. "Dr. Abreu's patent application was published and available in the public realm and could be read by anyone. The patent by Burd et al. reads exactly like the published patent application by Dr. Abreu, which resulted in the invalidation of all claims in Burd's patent.

"After Oculir was notified by the USPTO, Burd, the CEO of Oculir, placed unsolicited calls and left a message to Dr. Abreu attempting to license Dr. Abreu's technology; this was followed by unsolicited calls from Oculir's attorneys to Dr. Abreu's attorneys," continued Foreman. "When Oculir ceased operations, it was strange that their public statement failed to mention that their patent was invalidated by the USPTO. However, I am glad, perhaps as a result of Oculir's investors becoming aware of Dr. Abreu's patents, that venture capitalists recovered part of their investment in a company that was based on illegitimate intellectual property."

"Dr. Abreu's refusal to allow the Oculir patent to stand demonstrates the resolve of BTT Corp. to protect the vast and valuable portfolio of intellectual property owned by BTT Corp," said Anthony R. DeChello, Vice President of Legal Affairs for BTT Corp.

Multi-monitoring devices, such as BTT Corp.'s noninvasive glucose and temperature monitoring product for diabetic patients, are the next generation of medical devices, explained Foreman. In diabetes, it will prevent infections and complications through accurate and timely fever detection, while noninvasively monitoring blood glucose levels.

"Our goal is to pursue our options for timely and broadly reaching the medical industry, investment community and other parties in the U.S. and around the world that would be interested in working with BTT Corp.," said Foreman. "We see a day when it will be clinically possible to noninvasively monitor every key biological parameter, and our strong intellectual property portfolio and product pipeline make BTT Corp. well-positioned to be a leader in this area."

Pioneering Studies on Measuring Glucose

World recognized for his contributions to the field of medicine and physics, which culminated with the discovery of the BTT and the radiation signature of glucose, one of Dr. Abreu's pioneering studies focused on his discovery of the best wavelength for measuring glucose - the mid-infrared - and a unique site for measuring - the white of the eye. His cutting edge technology now make it possible, for the first time in history, to use mid-infrared radiation for noninvasive blood analysis. This can create a new era for patients with diabetes, high cholesterol and many other disorders, with a technology validated not only by Dr. Abreu, but also by testing results published by Oculir, which showed the ability to measure glucose noninvasively using the radiation signature of glucose. It can also usher in a new era in temperature monitoring using noninvasive methodology and the BTT.

Dr. Abreu has achieved the unconceivable by being able to measure molecules in the blood from the heat irradiated by the body. His original thinking, which continues to set him apart, allowed him to identify special spectral lines for measuring the concentration of molecules from light emitted by biological tissues.

"Oculir's actions of failing to disclose to the world that Dr. Abreu was the inventor of this extraordinary technology did a great injustice to a brilliant and dedicated clinician/scientist, who has devoted his life to advancing patient care and who pioneered this revolutionary discovery as well as many others," said Foreman.

Considering that an entire company, Oculir, was established and financed based on just one of Dr. Abreu's patents, BTT Corp., by having access to the entire and large patent portfolio of Dr. Abreu, is in a unique position to create new gold standards in many areas of health care with multiple breakthrough products.

"The outcome of the USPTO decision also clearly shows the strength of our competitive position and of Dr. Abreu's patents, which are the basis for many key products being developed and commercially launched by BTT Corp.," said Foreman.