Aerocrine provides update on its patent infringement suit in Germany
SOLNA, Sweden – 23 July 2012 – Aerocrine AB today announce a negative decision by the Federal Patent Court in Munich regarding the validity of one of Aerocrine’s German patents. This first instance decision is subject to appeal and does not change Medisoft’s obligation to respect the existing three infringement decisions in Germany. The Belgian counterpart of that same patent was recently declared valid and infringed by a Court in Belgium and Medisoft, which is seated in Belgium, is prohibited to manufacture and sell any of its HyPair FeNO and FeNO + machines. Aerocrine has a strong intention to appeal the German decision.
In September of 2009, the District Court of Düsseldorf announced its decisions 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. The judgments were subsequently appealed by Medisoft and Medisoft also filed invalidity proceedings against the three Aerocrine patents in Germany.
In January 2011, the Court of Appeal in Dusseldorf confirmed the decisions by the District Court in 2009 that the Medisoft device infringes Aerocrine’s patents EP 0 606 351 B1 and EP 1 439 781 B1. The Court of Appeal will also 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.
In February 2011, the validity of the German part 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 claims.
On July 19 2012, the Munich Court provided its decision that the German counterpart of Aerocrine patent EP 1 439 781 B1 is not patentable in Germany. This decision was not based on any new information, but represents an opposing view by the Court regarding the patent compared to the EPO that granted the patent in 2006 and to the Court in Liège who upheld the Belgian part of the patent in June 2012.
Aerocrine has a strong intention to appeal the decision from the Federal Patent Court in Munich. During appeal Medisoft remains to be obliged to comply with the judgment of the Court of Appeal in Düsseldorf finding infringement of that patent and confirming an injunction.
Aerocrine is strongly confident in, and will vigorously defend, its intellectual property rights related to its products and method for measuring exhaled nitric oxide (FeNO).
For more information, contact:
Scott Myers, CEO, Aerocrine AB: +46 768 788 379 or +1 970 368 0336
Mats Carlson, Chief Technology Officer, Aerocrine AB +46 8 629 07 83
About Aerocrine:
Aerocrine AB is a medical technology company focused on the improved management and care of patients with inflammatory airway diseases. As the pioneer and leader in technology to monitor and manage airway inflammation, Aerocrine markets NIOX MINO® and NIOX Flex®. Both products enable fast and reliable management of airway inflammation and may therefore play a critical role in more effective diagnosis, treatment and follow-up of patients with inflammatory airway diseases such as asthma. Aerocrine is based in Sweden with subsidiaries in the U.S., Germany and the U.K. Aerocrine shares were listed on the Stockholm Stock Exchange in 2007.
Aerocrine may be required to disclose the information provided herein pursuant to the Securities Markets Act and/or the Financial Instruments Trading Act. The information was submitted for publication at 8:00 a.m. on July 23, 2012.