Category: Medical Devices
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UPC’s Dusseldorf LD enjoins Siemens mammography product over Hologic’s flying-focal-spot patent, refusing a €4 billion security demand
The UPC’s Dusseldorf LD held Siemens Healthineers’ MAMMOMAT B.brilliant infringes Hologic’s flying-focal-spot patent in three countries, relying on Siemens’s own marketing. It granted an injunction and recall, ordered destruction, and refused Siemens’s €4 billion enforcement-security demand.
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Boston Scientific raises University of Texas’s alleged inflammatory comments, A-Rod comparisons in appeal of $42M District of Delaware jury verdict
Counsel compared an expert witness to the disgraced baseball player, while also suggesting that the standard for finding invalidity should be similar to deciding whether to commit someone to a psychiatric institution.
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District judge opens door to rare “reverse doctrine of equivalents” defense in medical device dispute
The judge’s order came amid long-running litigation between Maquet and Abiomed in the United States District Court for the District of Massachusetts over intravascular blood pump technologies.
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Apple patent adversary Masimo acquired in $9.9B deal
As Masimo awaits the outcome of a United States International Trade Commission investigation into a patent non-infringement decision in its case against Apple, and a parallel appeal against a $634 million damages verdict filed by Apple, the company has agreed to be acquired by Danaher for over $9.9 billion.
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UPC Dusseldorf grants preliminary injunction over orthodontic aligners, clarifies how (not) to raise invalidity arguments, liability of financial holding
After yesterday’s permanent injunction in a printer cartridge case, the Unified Patent Court’s Dusseldorf Local Division has now handed down a preliminary injunction in a med tech case.
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UPC’s Hague LD grants Abbott two preliminary injunctions, assumes long-arm jurisdiction (Spain) over German defendants, clarifies urgency requirement
The Unified Patent Court’s Hague LD has provided clarifications on long-arm jurisdiction and urgency that have applicabiliy beyond these two cases.
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UPC’s Roche-Menarini preliminary injunction clarifies relationship between independent product and manufacturing method claims
An independent method claim cannot, without more, result in further requirements for the infringement of an independent product claim.
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Next UPC CoA landmark ruling: pragmatic on inventive-step standard; focused on when amendments could be presented; tough but fair on remedies (Edwards v. Meril)
Another major UPC appellate ruling came down on Tuesday, and it provides a variety of clarifications of transcendental importance.
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Abbott wins preliminary injunction over unitary patent against Sinocare, Menarini: The Hague LD
In a major victory for the company, Abbott has won a preliminary injunction over its EP’633, a patent with unitary effect.
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Here’s how Apple is bringing back pulse oxymetry in the U.S. with a workaround that keeps clear of Masimo’s ITC import ban patents
Apple has made headway against Masimo with a clearance decision by U.S. Customs and Border Protection for a designaround.