Posted: January 26th, 2023
Advanced Bionics Benelux B.V. v. Med-El Elektomedizinische Geräte GmbH, Disctrict Court The Hague, The Netherlands, 18 January 2023, Case no. ECLI:NL:RBDHA:2023:212
Declaration of non infringement.
Advanced Bionics and Med-El are companies in the hearing technology industry that develop, manufacture, and distribute implantable hearing systems, including cochlear implant systems.
Med-El holds a patent (EP605) which Advanced Bionics has opposed and was upheld in an amended form on appeal. In Germany, Advanced Bionics was ruled to be infringing, but in the United Kingdom, the patent was found to be invalid for lack of inventive step.
Advanced Bionics claims that its product does not infringe on the patent and that the Dutch part of EP 605 is invalid. Med-El counterclaims for infringement. However, the Court finds that there is no literal infringement or infringement by equivalence. The Advanced Bionics product, the ‘HiRes™ Ultra 3D Cochlear Implant’ therefore does not fall within the scope of protection of the Dutch part of EP 3138 605.
A copy of the decision (in Dutch) can be read here.