Swiss Federal Patent Court recognizes claims in patent infringement case against imtmedical AG
On December 17, 2019, the Swiss Federal Patent Court in St. Gallen confirmed its decision of December 18, 2018 recognizing Hamilton Medical’s claims in the patent infringement case regarding flow sensors.
Hamilton Medical AG (“Hamilton”) had filed a lawsuit against imtmedical AG (“IMT”) on May 31, 2016, alleging that IMT had infringed Hamilton’s Patent No. CH701755B1 regarding flow sensors, in particular proximal flow sensors. The court’s ruling of December 18, 2018 recognized Hamilton’s injunctive, destruction and disclosure claims against IMT. The latter then filed an appeal against this decision with the Swiss Federal Supreme Court, which approved the appeal for procedural reasons and remanded the case to the Swiss Federal Patent Court.
On December 17, 2019, that court confirmed its decision of December 18, 2018 and, above all, prohibited IMT from the commercialization of the flow sensors in question.
The appeal period runs until February 5, 2020. Hamilton's claim for compensation against IMT forms part of the second part of the pending proceedings. Hamilton reserves the right to take actions against alleged third party infringers where appropriate and necessary.
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