HemoCue wins patent infringement suit

For more than two years, HemoCue AB and EKF-diagnostics GmbH, a company in Magdeburg, Germany, have been involved in a patent infringement suit.

The patent in dispute is licensed to HemoCue AB, a pioneer in point-of-care testing. The Dusseldorf District Court where the German patent infringement case has been tried, announced its ruling on March 9. The Court found that the EKF product infringes HemoCue's patent, registered in 1995. The product, with near worldwide patent protection, is a Swedish invention and an established standard in near-patient hemoglobin testing globally. From a single drop of capillary blood, the product determines the concentration of hemoglobin -- a test used to diagnose acute blood loss, detect anemia and screen blood donors.

According to HemoCue's CEO, Thomas Glanzmann, this is an important victory providing a decisive first instance ruling on an issue included also in other legal proceedings. The Court in Dusseldorf is one of the leading patent courts in Europe and considered one of the most experienced and proficient in this area.

HemoCue will initiate preliminary enforcement of the Court's decision. Once in place, no further sales or manufacturing of the infringing cuvette will be permissible.

"We spend a lot of time and money on protecting our proprietary rights and will continue to do so," says Clas Runnberg, responsible for legal processes at HemoCue. "For years, we are making considerable efforts in research and development of new products. These are based on our own innovations and involve unique technology, and that requires sizeable investments. Ensuring the best patent protection possible is therefore an obvious priority. The court ruling today shows that this protection, in spite of the long wait, has a value."