Aircraft wins another round in US patent case (Holding Statement)
Posted on Thu 10th May 2007
HOLDING STATEMENT - In a development in the dispute between Aircraft Medical and Verathon, of Seattle, Washington (previously Saturn Biomedical Systems, Inc.) the U.S. Patent and Trademark Office has issued its First Office Action in the reexamination of Verathon’s U.S. Patent No. 6,543,447, rejecting all of the claims in the patent. Aircraft requested the reexamination of the ‘447 patent in response to a lawsuit that Saturn Biomedical filed against Aircraft on June 30, 2006 in the United States District Court in Atlanta, Georgia. Saturn claimed that Aircraft’s award winning McGRATH® Series 5 video laryngoscope infringed the claims of the ‘447 patent. The First Office Action has now rejected all forty-four claims in the ‘447 patent as invalid.
Aircraft does not accept that it infringes any claim in Verathon’s ‘447 patent. Further, in the reexamination request that it submitted to the U.S. Patent Office, Aircraft raised numerous arguments illustrating the invalidity of each claim in the ‘447 patent. On October 25, 2006, the Patent Office granted Aircraft’s request, finding there to be a substantial new question of the patentability of all of the claims. The First Office Action underscores this conclusion. Indeed, at this point, the Patent Office has held invalid every claim in the patent that Saturn raised against Aircraft in the litigation.
Aircraft Medical CEO, Mat McGrath comments “We are pleased with the findings of the U.S. Patent Office. Verathon clearly sees Aircraft’s McGRATH® Series 5 laryngoscope as a threat to its own product line and has attempted to block Aircraft from the U.S by wielding a patent that our product clearly does not infringe, and has now been held as invalid in the First Office Action by the USPTO”
This event is the latest in a series of developments favorable to Aircraft in its dispute with Verathon. In addition to having its request for the reexamination granted, Aircraft previously requested that the Atlanta court suspend the litigation there until the Patent Office completes the reexamination, a process that can take from one to two years. On January 29, 2007, the court granted Aircraft’s request, rejecting Verathon’s opposition. Saturn Biomedical (now Verathon) had initially filed a lawsuit against Aircraft in Seattle in February 2006 in relation to the same subject matter, but the Seattle court dismissed this lawsuit on grounds of lack of jurisdiction.
Aircraft’s McGRATH® Series 5 laryngoscope is the world’s first fully portable video laryngoscope, and the first video laryngoscope with single-use blade to guarantee sterility. Dr Gary Enever of Royal Victoria Newcastle, UK, described it as “the most significant advancement in laryngoscope design since the 1940’s.” The McGRATH® is protected by a suite of patents, is already demonstrating life saving benefits, and continues to build strong sales in the USA via Aircraft’s exclusive US distributor, LMA North America Inc, of San Diego (www.lmana.com). On Feb 20, 2007 Aircraft announced exclusive distribution rights for Canada have been granted to Vitaid Ltd of Toronto. (www.vitaid.com)
Aircraft Medical Ltd. is represented in the USA by Ralph A. Loren and Brian M. Gaff of the law firm of Edwards Angell Palmer & Dodge LLP, in Boston, Massachusetts.