Thoratec Europe Ltd v AIS GmbH Aachen Innovative Solutions [2016] EWHC 2637 (Pat) (28 October 2016)

Thoratec Europe Ltd v AIS GmbH Aachen Innovative Solutions [2016] EWHC 2637 (Pat) (28 October 2016)

The patents in suit are invalid for lack of novelty and/or obviousness over the prior art, particularly the Reitan Catheter Pump and Dekker. The HeartMate PHP product does not infringe any valid claim of the patents. The proposed amendments to the 658 patent do not save it from invalidity.

Source-derived case information.

Citation
[2016] EWHC 2637 (Pat)
Parties
Claimant: Thoratec Europe Limited; Defendant: AIS GmbH Aachen Innovative Solutions
Jurisdiction
England and Wales
Judgment Date
28 October 2016
Procedural Posture
Patent Revocation and Declaration of Non Infringement / First Instance Judgment
Outcome
Claim allowed. Patents revoked. Declaration of non-infringement granted.
Legal Topics
Patent Validity, Patent Infringement, Obviousness, Novelty, Prior Art, Amendment of Claims
Intellectual Property Patents Patent Validity Patent Infringement Obviousness Novelty Prior Art Amendment of Claims

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Parties

Thoratec Europe Limited

Claimant

AIS GmbH Aachen Innovative Solutions

Defendant

Procedural Posture

Patent Revocation and Declaration of Non Infringement / First Instance Judgment

Legal Issues

  1. 1 Whether European Patents (UK) Nos. 2 047 872 and 2 234 658 are invalid for lack of novelty and/or obviousness
  2. 2 Whether Thoratec's HeartMate PHP product infringes the patents
  3. 3 Whether proposed amendments to the 658 patent are allowable

Ratio Decidendi

The patents in suit are invalid for lack of novelty and/or obviousness over the prior art, particularly the Reitan Catheter Pump and Dekker. The HeartMate PHP product does not infringe any valid claim of the patents. The proposed amendments to the 658 patent do not save it from invalidity.

Court Disposition

Claim allowed. Patents revoked. Declaration of non-infringement granted.

Orders

  • European Patents (UK) Nos. 2 047 872 and 2 234 658 are revoked.
  • Declaration of non-infringement in respect of the HeartMate PHP product is granted.