The dispute over a basic patent owned by medical technology manufacturer Brahms has taken a new turn. The Regional Courts Munich and Düsseldorf have suspended the pending infringement proceedings. Now everything hinges on a validity ruling from the Federal Court of Justice.
The disputed patent EP 2 028 493 protects a test for the biomarker procalcitonin (PCT). This plays an important role in the diagnosis of infections, especially blood poisoning. For years, German medical device manufacturer Brahms, a subsidiary of the Thermo Fisher Group, has been involved in disputes with diagnostic equipment manufacturer Radiometer and Californian medical technology company Diazyme. The disputes not only concern EP 493 but also various process patents.
All infringement proceedings concerning EP 493 are suspended due to a decision of the Federal Patent Court in autumn 2018.
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