Company Announcement no. 2-2009/10 - Judgment in German patent litigation

The appellate court declares Ambu not guilty of infringing LMA patent:
 

Oberlandesgericht Düsseldorf has delivered judgment that Ambu’s original laryngeal mask products did not infringe on LMA’s German utility model, DE29924738 U1.
 

The German utility model document is identical to LMA’s European patent, EP1119386, now revoked by The European Patent Office (EPO).

The decision of EPO has been appealed by LMA, but the patent cannot be reissued in a form, which provides broader protection than the German utility model.

The court has denied LMA leave to appeal the decision to The German Federal Court of Justice.

Admission to appeal may now only be granted if the Federal Court of Justice overrules the denial.

This judgment of the appellate court is expected to be of decisive importance for termination of this patent dispute in Europe.

This announcement can be downloaded in PDF-format here.

Further information:
Lars Marcher, President & CEO, tel. +45 5136 2490, email: lm@ambu.com

Ambu develops, produces and markets diagnostic and life-supporting equipment and solutions to hospitals and rescue services. Our business areas are Airway Management, Patient Monitoring & Diagnostics and Emergency Care in which the most important products are ventilation products for artificial respiration and single-use electrodes for ECG tests and neurophysiological mappings.

Ambu’s products are sold worldwide. Exports account for 98% of sales, and sales are handled via Ambu’s foreign subsidiaries or via distributors. Ambu has approx. 1,600 employees, of whom approx. 350 work in Denmark and approx. 1,250 abroad.