Patent dispute between imtmedical ag and Hamilton Medical AG
imtmedical argues for invalidity
of Hamilton Medical AG's Patent No. EP 1 984 805
In a lawsuit brought against imtmedical ag ("imtmedical") in Switzerland in March 2017 the company Hamilton Medical AG ("Hamilton") alleged that certain claims of its patent EP 1 984 805 (EP'805) could be infringed. imtmedical opposes to all allegations and conversely argued before the Swiss Federal Patent Court that EP'805 should be considered being void for various reasons.
In the view of imtmedical the claimed idea in EP'805 is subject to exclusion from patentability, is neither novel nor inventive and lacks other conditions for patentability. In said lawsuit imtmedical supports its arguments by the fact that the parallel US application no. 12/162,778 as filed in July 2008 was rejected by the competent US Examiner for several grounds. In a final rejection of January 29, 2015, the US Examiner already held the US application to be invalid as "the additional elements of the ventilator machine and other elements related do not amount to significantly more than the abstract idea itself. (…) They also are not performing anything other than routine and conventional activities previously known to the respiratory device industry. Thus, the claims stand rejected".
Per the examiner of the US patent and trademark office ("USPTO") the US application of Hamilton was not granted because its claims are directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. He also ruled that the claims would be anticipated by several prior art documents and would therefore be unpatentable. The decision of the USPTO is currently under appeal. In the Examiner's answer in response to the appeal brief he states that Hamilton would not have provided more information on how the claims improve the field of diagnostic assessment for mechanically ventilated patients.
About imtmedical ag
imtmedical ag is known for its world class developments in medical ventilator and testing devices and its internationally renowned medical ventilation experts. imtmedical ag brings continuous efforts to improve and protect its substantial R&D activities, its innovative solutions, and thereby supporting its leading position in the marketplace as an innovative company providing highest quality and leading medical ventilators and testing devices to its customers.
Please direct any questions in this regard to
Information on www.hamilton-medical.com
(Status Juli 14th 2017)
March 23, 2017
May 31, 2016
Veröffentlicht Juli 2017 Zurück