Aircraft Medical Wins Long-running Video Laryngoscope Patent Litigation Against VerathonBy Aircraft Medical, PRNE
Monday, January 31, 2011
Judge Finds Aircraft's McGrath(R) Series 5 Does not Infringe Verathon's "Glidescope" Patent
EDINBURGH, Scotland, February 1, 2011 - Aircraft Medical Ltd ("Aircraft") is pleased to announce that
judgment has been passed in its favour in the long running patent
infringement litigation between it and US rival Verathon Medical Inc.
("Verathon"), a subsidiary of Roper Industries Inc.
Heard in the UK at the Scottish Court of Session, Verathon
unsuccessfully claimed that the McGrath(R) Series 5 video laryngoscope
infringed its UK EP '131 patent (the "Glidescope" patent). In a comprehensive
judgment, Lord Hodge has today ruled that Verathon's patent does not prevent
UK based Aircraft's production activities and global exports of the
McGrath(R) Series 5.
As a counter claim during the litigation, Aircraft filed an
action challenging the validity of the UK EP '131 patent. The court today
upheld Verathon's patent, but amongst other findings ruled that the claims do
not cover laryngoscopes with curved blades such as the McGrath(R) Series 5.
Therefore Verathon's patent has no commercial relevance to Aircraft's current
and planned products, including the new McGrath(R) MAC video laryngoscope.
The Court refused any award of damages to Verathon due to
Aircraft's success in the infringement action, despite their original claim
for GBP37 million. Both parties are entitled to claim modest costs associated
with their respective defences.
Matt McGrath, founder and CEO of Aircraft Medical commented
"This ruling from respected Judge Lord Hodge fully vindicates our long-held
conviction that the McGrath(R) products do not infringe Verathon's patents.
Whilst Verathon may look for an appeal, we believe today's judgment stands as
robust and unequivocal. Our technology is world-leading and we look forward
to continuing the global roll-out of our video laryngoscope products."
Aircraft recently announced it has simultaneously entered
multiple distribution contracts for its revolutionary lower cost McGrath(R)
MAC video laryngoscope, designed to complement the original premium
McGrath(R) Series 5. The new contracts cover nine countries, including China,
India, Singapore, Taiwan, South Korea, Indonesia, Philippines, Thailand and
Hong Kong. Further international distribution agreements are expected to be
announced this year.
Aircraft's patent portfolio was recently increased to include
50 patent applications extending geographically to all key global
jurisdictions. Aircraft's IP focuses on technology and growth trends in the
intubation instrument space, with its first patents now coming into force,
and its overall protective rights expected to reach to around 2030.
Aircraft Medical was represented by legal teams from DLA
Piper, headed up by Philippa Montgomerie.
Media contact: Financial Dynamics, Stephanie Cuthbert: stephanie.cuthbert at fd.com , Telephone: +44(0)20-3077-0458; Ben Atwell: ben.atwell at fd.com
Tags: Aircraft Medical, Edinburgh, February 1, scotland, United Kingdom