Aerocrine/Medisoft win patent infringement judgements in Germany


Further mixed court verdicts have been delivered in Europe regarding patent infringement disputes involving Aerocrine and its rival, Medisoft. Both companies are behind technology that monitors and managers airway inflammation.

This time, a Federal Patent Court in Munich has ruled in favour of Medisoft regarding the validity of one of Aerocrine’s German patents, namely EP 1 439 781 B1. This decision was not based on any new information, but represents an opposing view by the Court regarding the patent compared with the EPO that granted the patent in 2006 and to the Court in Liège which upheld the Belgian part of the patent in June 2012.

This first instance decision is subject to appeal and does not change Medisoft’s obligation to respect the existing three infringement decisions in Germany. The Belgian counterpart of that same patent was recently declared valid and infringed by a Court in Belgium and Medisoft, which is based in Belgium, is prohibited to manufacture and sell any of its HyPair FeNO and FeNO + machines, which measure exhaled nitric oxide (FeNO). Aerocrine looks set to appeal against the decision in Germany.

In September 2009, the District Court of Düsseldorf found that the Medisoft' Hyp’Air FeNO device infringed the German counterparts of Aerocrine’s patents EP 0 606 351 B1, EP 1 439 781 B1 and EP 0 724 723 B1. The judgements were subsequently appealed by Medisoft and the latter also filed invalidity proceedings against the three Aerocrine patents in Germany. In January 2011, the Court of Appeal in Dusseldorf backed up the decisions by the District Court in 2009 that the Medisoft device infringed 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 decision by the Federal Patent Court.

In February 2011, the validity of the German part of Aerocrine’s EP 0 724 723 B1 patent was examined at a hearing at the Federal Patent Court in Munich. The patent was upheld following a change of the infringed patent claims.

This article is tagged to:
Sector: Medical Devices
Geography: Belgium