Partial decision on patent dispute
“January 2019: Partial decision on patent dispute between imtmedical and Hamilton regarding invalidity of CH701755B1 and related infringement claims regarding certain flow sensor types
On 20 December 2018, after a two year dispute between imtmedical AG (“imtmedical”) and Hamilton Medical AG (“Hamilton”), the Swiss Patent Court issued a partial judgement concerning a Swiss patent of Hamilton. imtmedical had denied any infringement and argued for nullity of Hamilton’s patent as a plea in defence. The recent judgement is not yet final or legally effective.
The court came to the conclusion that issued claim 1 of Swiss Patent CH701755B1 is invalid and, hence, dismissed all claims based thereon. However, the court ruled that a limited claim combination of said patent would be enforceable for only the territories of Switzerland and Liechtenstein. imtmedical has appealed the decision and is confident that the court will decide in our favor.
While the case is under appeal, and afterwards, imtmedical of course assures a continued supply of high quality and leading flow sensors for our full bellavista range of ventilators to all of our customers. Please contact your local distributor for information on our complete product range.
imtmedical reserves the right to take legal action against any statements to the contrary.”