German Court Finds in Favor of Puritan in Patent Infringement Case
By LabMedica International staff writers Posted on 06 Aug 2014 |
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.
Related Links:
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.
Related Links:
Latest Industry News
- Beckman Coulter and MeMed Expand Host Immune Response Diagnostics Partnership
- Thermo Fisher and Bio-Techne Enter Into Strategic Distribution Agreement for Europe
- ECCMID Congress Name Changes to ESCMID Global
- Bosch and Randox Partner to Make Strategic Investment in Vivalytic Analysis Platform
- Siemens to Close Fast Track Diagnostics Business
- Beckman Coulter and Fujirebio Expand Partnership on Neurodegenerative Disease Diagnostics
- Sysmex and Hitachi Collaborate on Development of New Genetic Testing Systems
- Sysmex and CellaVision Expand Collaboration to Advance Hematology Solutions
- BD and Techcyte Collaborate on AI-Based Digital Cervical Cytology System for Pap Testing
- Medlab Middle East 2024 to Address Transformative Potential of Artificial Intelligence
- Seegene and Microsoft Collaborate to Realize a World Free from All Diseases and Future Pandemics
- Medlab Middle East 2024 to Highlight Importance of Sustainability in Laboratories
- Fujirebio and Agappe Collaborate on CLIA-Based Immunoassay
- Medlab Middle East 2024 to Highlight Groundbreaking NextGen Medicine
- bioMérieux Acquires Software Company LUMED to Support Fight against Antimicrobial Resistance
- Roche Acquires LumiraDx's Point of Care Technology for USD 295 Million