German Court Finds in Favor of Puritan in Patent Infringement Case

Copan Italia patent infingement claims against Puritan were dismissed by the District Court in Düsseldorf (Germany) at an oral hearing on June 24, 2014, where the court made clear that Puritan’s HydraFlock and PurFlock Ultra flocked swab products are flocked differently and do not have the fiber arrangement claimed by Copan.

Copan Italia SpA (Brecia, Italy; www.copanitalia.com) had started inspection proceedings against Puritan Medical Products Co., LLC (Guilford, MA, USA; www.puritanmedproducts.com) on November 7, 2012, based on an alleged infringement of claim 1 of German utility model DE 20 2004 021 787. Claim 1 relates to flocked swabs and requires that the swabs be covered with fiber deposited by flocking in an ordered arrangement normal to the surface of the swab.

The Court’s findings are particularly relevant since the asserted ‘787 utility model is a branch-off from Copan’s European patent EP 1 608 268 B1 relating to the same invention which also requires fibers deposited by flocking in an ordered arrangement of the fibers normal to the surface of the swab. Thus, it can be concluded from the Court’s clear position regarding the ‘787 that Puritan’s HydraFlock and PurFlock Ultra flocked swabs are also outside the scope of Copan’s European patent.

All of Copan’s German utility models relating to flocked swabs3 expired at the end of March 2014 and are irrelevant for sales from that date forward. Therefore, Puritan and Puritan’s customers have unprejudiced freedom to sell Puritan’s HydraFlock and PurFlock Ultra flocked swabs in Europe without concern for Copan’s European patent or expired utility models.

Puritan Medical Products is an American manufacturer of single-use products for the healthcare, diagnostic, forensic, critical environment, food safety, and drug manufacturing industries.

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