Aerocrine reported positive outcome in the patent infringement case against Medisoft at the Court of Appeal of Dusseldorf and the Federal Patent Court of Munich.
In March 2008, Aerocrine sued the Belgian company Medisoft for patent infringement before the District Court of Dusseldorf.
The European patents also cover Belgium, Switzerland, Spain, France, UK, Ireland, Italy, Netherlands and Sweden.
The judgments were subsequently appealed by Medisoft, which also filed nullity proceedings against the three Aerocrine patents in Germany.
Following a hearing on 27 January 2011, the Court of Appeal in Dusseldorf confirmed the decisions by the District Court in 2009 that the Medisoft device Hyp’Air FeNO infringes Aerocrine’s patents EP 0 606 351 B1 and EP 1 439 781 B1.
The Court of Appeal will also revisit Medisoft’s appeal of the infringement of Aerocrine’s EP 0 724 723 B1 patent following the positive decision by the Federal Patent Court, as well as decide on Medisoft’s alleged infringement of the additional claim in the same patent.