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Aerocrine reports positive outcome in Medisoft patent infringement suit.

TELECOMWORLDWIRE-February 25, 2011-Aerocrine reports positive outcome in Medisoft patent infringement suit(C)1994-2011 M2 COMMUNICATIONS http://www.m2.com

Medical technology company Aerocrine AB reported today a positive outcome of its patent proceedings against Belgian company Medisoft PAE in Germany.

Aerocrine originally sued Medisoft for patent infringement at the District Court of Dusseldorf in March 2008 and that court ruled in September 2009 that the Medisoft device Hyp'Air FeNO infringes the German counterparts of Aerocrine's patents EP 0 606 351 B1, EP 1 439 781 B1 and EP 0 724 723 B1.

These judgments were subsequently appealed by Medisoft and the Belgian firm also filed nullity proceedings against the three Aerocrine patents in Germany.

On 1 February 2011 the validity of Aerocrine's EP 0 724 723 B1 patent was examined at a hearing at the Federal Patent Court in Munich. The patent was upheld following a change of the infringed patent claim. An additional patent claim in the EP 0 724 723 B1 patent, that was removed from the original District Court procedure in 2009 pending a decision regarding the patentability of this claim, was upheld by the Federal Patent Court with a similar change of this claim. The nullity cases on the remaining two Aerocrine patents remain pending before the Munich Court, Aerocrine said.

Meanwhile, the Court of Appeal in Dusseldorf yesterday confirmed the decisions by the District Court in 2009 that the Medisoft device Hyp'Air FeNO infringes Aerocrine's patents EP 0 606 351 B1 and EP 1 439 781 B1. The Court of Appeal will revisit Medisoft's appeal of the infringement of Aerocrine's EP 0 724 723 B1 patent following the positive decision by the Federal Patent Court, as well as decide on Medisoft's alleged infringement of the additional claim in the same patent.

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Publication:Telecomworldwire
Date:Feb 25, 2011
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