Final decision of Swiss Federal Supreme Court recognizes claims in patent dispute against imtmedical AG


On June 17, 2020, the Swiss Federal Supreme Court handed down a final decision rejecting another appeal brought by imtmedical AG.

In this decision, the Swiss Federal Supreme Court confirmed the decision handed down by the Swiss Federal Patent Court on December 17, 2019 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. Once again, IMT filed an appeal against this decision with the Swiss Federal Supreme Court. Now, in a final decision, the Swiss Federal Supreme Court has confirmed the aforesaid decision issued by the Swiss Federal Patent Court.

Hamilton's claim for compensation against IMT forms part of the second part of the pending proceedings. Hamilton reserves the right to take action against alleged third party infringers where appropriate and necessary.

Press release

Two other lawsuits against IMT concerning Hamilton’s Dynamic Lung concept are currently pending in Switzerland and Japan. In these lawsuits, Hamilton asserts that IMT has infringed the Swiss part of Hamilton’s European Patent (EP1984805B1) and that IMT's distributors have infringed Hamilton’s Japanese patent (JP5028424B2) regarding a device ("ventilation cockpit") for simplifying the diagnostic assessment of a mechanically ventilated patient.

In Switzerland, the Swiss Federal Patent Court's ruling of November 1, 2019 mainly recognized Hamilton’s injunctive and disclosure claims against IMT. An appeal has been brought by IMT and the Swiss Federal Supreme Court is expected to hand down a decision on this appeal by the end of this year.

In Japan, the first instance is running with arguments proceeding into calculation of damages. A decision can be expected by the end of this year or early 2021.

Date of Printing: 30.06.2022
The content of this article is for informational purposes only and is not intended to be a substitute for professional training or for standard treatment guidelines in your facility. Any recommendations made in this article with respect to clinical practice or the use of specific products, technology or therapies represent the personal opinion of the author only, and may not be considered as official recommendations made by Hamilton Medical AG. Hamilton Medical AG provides no warranty with respect to the information contained in this article and reliance on any part of this information is solely at your own risk.