Aircraft Medical Files Counter Action Against Verathon (Press Release)
Posted on Tue 12th February 2008
Edinburgh, Feb 12, 2008 - Aircraft Medical (“Aircraft”) announces that it has filed a Revocation Action against Verathon challenging the validity of its European Patent No. 1307131 (the ‘131 patent). It is expected that the counter claim in the Edinburgh Court of Session action will result in the restriction or revocation of Verathon’s patent. Aircraft has also lodged defences at the Court of Session challenging Verathon to set out the basis for its claim that Aircraft infringes the current ‘131 patent. Even discounting the serious questions regarding its validity, Verathon’s ‘131 patent does not even describe Aircraft’s products.
At this point, in related actions raised by Aircraft, the European Patent Office has found Verathon’s ‘131 patent not valid as granted, and the U.S. Patent Office has ruled in its re-examination of Verathon’s issued U.S. Patent (No. 6,543,447) that every claim is invalid. Further, in the two U.S. litigations brought by Verathon in 2006 regarding its U.S. patent, Aircraft successfully achieved a full dismissal of the first litigation and suspension of the second due to the U.S. Patent Office’s re-examination.
Matt McGrath, Chief Executive at Aircraft commented:
“The Revocation Action filed today against Verathon mounts a very serious challenge to the validity of its patent before the UK Courts. Aircraft’s non-infringement position is incontrovertible, and Verathon is simply attempting to hinder what is a fast moving and progressive area of medical technology. Today’s counter action filed by Aircraft is good news for healthcare and puts further pressure on Verathon.
“There is a buzz of activity and excitement at Aircraft Medical; our technology is saving lives and is becoming first choice at hospitals across the United States. We have a long term view and do not see Verathon’s products or patents as a threat to us”