Final decision of Swiss Federal Supreme Court recognizes claims in patent infringement case against imtmedical AG regarding Ventilation Cockpit


The Swiss Federal Supreme Court has recently handed down a final decision rejecting an appeal brought by imtmedical AG in the patent infringement case regarding the Ventilation Cockpit.

On March 23, 2017, Hamilton Medical AG (“Hamilton”) filed a lawsuit against imtmedical AG (“IMT”) at the Swiss Federal Patent Court in St. Gallen, Switzerland. In this lawsuit, Hamilton alleged that IMT had infringed Hamilton’s European Patent No. 1984805B1 regarding a device ("ventilation cockpit") for simplifying the diagnostic assessment of a mechanically ventilated patient. The claims made related primarily to the Dynamic Lung panel. In their ruling handed down on November 1, 2019, the Swiss Federal Patent Court largely accepted the injunctive and disclosure claims made by Hamilton. IMT subsequently appealed against this decision.

In their final decision of July 16, 2020, the Swiss Federal Supreme Court rejected the appeal brought by IMT and confirmed the previous ruling made by the Swiss Federal Patent Court. Hamilton's claim for compensation against IMT forms part of the second stage of the ongoing legal dispute.

In June of this year, Hamilton was successful in a second patent infringement lawsuit against IMT regarding flow sensors, and in particular proximal flow sensors. The court’s ruling in this case also recognized Hamilton’s injunctive, destruction and disclosure claims against IMT.

A further lawsuit against IMT concerning Hamilton’s Dynamic Lung concept is currently pending in Japan. There, the first instance is running with arguments proceeding into the calculation of damages. A decision can be expected by the end of this year or early 2021.

Hamilton Medical AG reserves the right to take action against alleged third party infringers where appropriate and necessary.

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Date of Printing: 21.04.2021
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