Medical device company, Arc Medical Design, has won a patent infringement lawsuit against medical equipment maker, Cantel Medical, the company has announced.
Patent infringement
Cantel Medical was found guilty of infringing upon key designs for Arc’s Endocuff and Endocuff Vision devices.
Arc’s devices are attached to colonoscopes to assist in the detection of cancerous growths in the bowel.
Cantel was the distributor of Arc’s Endocuff product in the US, before the company failed to secure the rights to distribute Arc’s new device, the Endocuff Vision. Following this, Cantel launched a copycat device, developed alongside its distribution negotiations with Arc and with knowledge about the then unlaunched Endocuff Vision.
Cantel began to market its product and brought these proceedings in an attempt to clear the way by invalidating the UK and European patents protecting the Endocuff and Endocuff Vision. In relation to the design rights Cantel sought to attack their validity and argued that even if they were valid, there was no infringement because any similarities were due to limited design freedom rather than copying of the Arc devices.
The High Court of Justice England and Wales, Patents Court, ruled that it was ‘in no doubt that both the Endocuff and Endocuff Vision had been copied by Cantel and that it was surprised Cantel had maintained otherwise’.
The Court ruled that both of Arc’s patents (in amended form) were valid and infringed, both of the registered designs were valid with one infringed and that both of the unregistered design rights were valid and infringed.
Peter Martin, COO of Norgine and chair of the Arc Medical Design Limited Board said: “We welcome the judgement and our resounding success, recognising the strong protection for both Endocuff and Endocuff Vision. This decision validates our confidence in the intellectual property portfolio protecting our products. We will always vigorously defend our intellectual property and will initiate legal proceedings where appropriate.”
