In a recent decision handed down by the UK’s Intellectual Property Enterprise Court, a patent alleged to have been infringed by Hamilton Medical was found to be invalid.
The case had been brought against Hamilton Medical AG ("Hamilton") by Fleur Tehrani in November 2019, alleging that Hamilton’s INTELLiVENT-ASV ventilator control system infringed certain claims of Tehrani’s existing patent. Hamilton denied these allegations, arguing that Tehrani’s patent was so broad that it covered what was already known in earlier control systems pre-dating Tehrani’s patent. and therefore could not be valid.
The decision confirmed Hamilton’s argument. Although found to cover INTELLiVENT-ASV, the patent was invalid because it was not new - its subject matter had been clearly and unambiguously disclosed in a publication dating from 1995. This success for Hamilton brings to an end the dispute commenced by Fleur Tehrani in the UK.
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