Aircraft Medical files counter action against Verathon

Feb 13 2008

Aircraft Medical ("Aircraft") announces that it has filed a Revocation Action against Verathon challenging the validity of its European Patent No. 1307131 (the '131 patent).

It is expected that the counter claim in the Edinburgh Court of Session action will result in the restriction or revocation of Verathon's patent. Aircraft has also lodged defences at the Court of Session challenging Verathon to set out the basis for its claim that Aircraft infringes the current '131 patent. Even with serious questions regarding its validity, Verathon's '131 patent does not even describe Aircraft's products.

At this point, in related actions raised by Aircraft, the European Patent Office has found Verathon's '131 patent not valid as granted, and the U.S. Patent Office has ruled in its re-examination of Verathon's issued U.S. Patent (No. 6,543,447) that every claim is invalid. Further, in the two U.S. litigations brought by Verathon in 2006 regarding its U.S. patent, Aircraft successfully achieved a full dismissal of the first litigation and suspension of the second due to the U.S. Patent Office's re-examination.

Matt McGrath, Chief Executive at Aircraft commented:

"The Revocation Action filed today against Verathon mounts a very serious challenge to the validity of its patent before the UK Courts. Aircraft's non-infringement position is incontrovertible, and Verathon is simply attempting to hinder what is a fast moving and progressive area of medical technology. Today's counter action filed by Aircraft is good news for healthcare and puts further pressure on Verathon.

"There is a buzz of activity and excitement at Aircraft Medical; our technology is saving lives and has become first choice in hospitals across the U.S from Long Island to Seattle. We have a long term view and for many reasons do not see Verathon's products or patents as a threat to us."

Background

Aircraft Medical is the manufacturer of the McGrath(R) Series 5, the world's first fully portable video laryngoscope. Its compactness, and a cable free design, means the life saving benefits of video laryngoscope technology can fit in the pocket of a paramedic or mobile user. As a result, it is immediately available in potentially life threatening cases. The McGrath(R) Series 5 is expected to dominating the emerging video laryngoscope market.

http://www.aircraftmedical.com