Patent holder Brahms has won the next round in the long-standing dispute over procedures for detecting infections. The Federal Patent Court has dismissed a nullity suit from Radiometer (case ID: 3 Ni 16/17)
The current dispute concerns the use patent EP 2 301 626, which protects the use of an antibiotic for the treatment of patients with a certain concentration of the biomarker procalcitonin (PCT).
The nullity suit is part of the comprehensive proceedings surrounding a basic patent which has now expired, but for which various use patents still exist. Up to now, however, the judgments have varied greatly depending on the patent.
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