A group of intellectual property lawyers from Edwards Wildman
has successfully argued to the Board of Appeals at the US Patent & Trademark Office that the claims in a patent being asserted against the firm’s client, Aircraft Medical, were invalid. The board ruled on December 11, 2012, that of the almost 300 claims at issue, all but one were invalid. The board also construed the sole remaining claim in a way that it does not apply to Aircraft’s products.
This represents a total victory for Aircraft in a dispute that began in 2006. At that time, Verathon, Inc. sued Aircraft for infringement of a patent that covered video laryngoscopes, which are medical devices for viewing a patient’s airway. Just after Verathon filed its lawsuit, the Edwards Wildman team initiated a reexamination of the patent and successfully moved the court to stay the litigation pending the reexamination. This defeated Verathon’s blatant attempt to put Aircraft out of business just as Aircraft was trying to get off of the ground. Instead, over the last six years Aircraft has developed into one of the leading video laryngoscope companies, with products that have won widespread acclaim.
The winning IP team included partner Ralph Loren, based in the Boston office of Edwards Wildman.