Tehrani v Hamilton Bonaduz AG [2021] EWHC 3457 (IPEC)

The case: The claimant (“Professor Tehrani”) is the proprietor of UK Patent No. 2,424,721 (“the Patent”).  The Patent has the title “Method and apparatus for controlling a ventilator”, the ventilator being of the type used to assist a patient to breathe by delivering oxygen and removing carbon dioxide. The defendants (collectively “Hamilton”) make and sell ventilators.  Some of the ventilators incorporate what is called the “Intellivent-ASV System”.  Professor Tehrani alleges that the marketing of the Invellivent-ASV System has infringed the Patent. Hamilton deny infringement and counterclaim for revocation of the Patent on the grounds of lack of novelty, lack of inventive step and insufficiency.

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