LAKE FOREST, Calif., Oct. 16 /PRNewswire/ -- Since 2003, HemoCue AB and EKF/Stanbio have been involved in a patent lawsuit in which an EKF/Stanbio product has been accused of infringement and a HemoCue patent has been questioned as to its validity. As a first step in the process concerning validity, the U.S. Patent & Trademark Office has taken the initial position that the claims in HemoCue's patent are unpatentable. As a second step in this process, HemoCue will now present its arguments.
"This was an expected outcome based on arguments submitted by EKF that, at this stage in the process, the Patent Office accepted at face value," said Don DuBois, General Manager of HemoCue, Inc, the company's U.S. operation. "The Patent Office has not yet considered HemoCue's arguments, which we are confident will provide a strong basis for the Patent Office to hold that the claims are indeed patentable."
According to DuBois, HemoCue was not surprised that EKF initiated the reexamination process after EKF and Stanbio were accused of infringement. "We expected this move, we're going to respond to the Patent Office, and are confident that the validity of our patent will be confirmed. We will continue to aggressively enforce all of our patented technology against those who manufacture or sell infringing products."
HemoCue recently received and enforced a judgment in a German Federal Court against EKF, which held that the German counterpart to the patent undergoing reexamination was infringed. EKF was enjoined from manufacturing and selling microcuvettes covered by the patent in Germany. That case is on appeal. As with the process in the U.S., final conclusions can only be drawn once the legal processes have come to their respective completion.
The HemoCue technology allows performance of common blood tests at the point-of-care without sacrificing the accuracy and precision offered by a central clinical lab. With a minimum of product training and instrument maintenance, the technology makes it possible for staff without laboratory training to consistently perform tests yielding accurate results.
About HemoCue AB
HemoCue is a leader in the development, manufacturing, and marketing of advanced medical testing systems that bring lab-quality results to the point-of-care. Its leading products include hemoglobin, glucose, and urine albumin point-of-care testing systems. The fundamental concept behind HemoCue products is the ability to perform common blood and urine tests at the point-of-care without sacrificing the accuracy and precision offered by a central clinical lab.
HemoCue is owned by EQT, a leading private equity group in Northern Europe.
HemoCue is being represented by the International law firm of Fulbright & Jaworski LLP.
For additional information about HemoCue, or its products and services, visit http://www.hemocue.com.