EDINBURGH, Scotland, March 26 /PRNewswire/ -- On March 23, 2009 the United States Patent and Trademark Office ("USPTO") issued a Non-Final Action Closing Prosecution in the ongoing re-examination of Verathon, Inc.'s United States Patent Number 6,543,447. Aircraft Medical, Ltd. filed the request for the re-examination of this patent in 2006 following litigation (currently on hold) that Verathon initiated against Aircraft.
The new Action from the USPTO has rejected 393 claims that Verathon introduced during the re-examination procedure on grounds that they had impermissibly enlarged the scope of the patent. The remaining 19 claims that have been characterized as "patentable" have been substantially limited in scope compared to the original claims. This is not a final decision and Aircraft believes that the decision to uphold these limited remaining claims will be overturned on appeal.
Aircraft believes that this severe limiting of the claims represents a significant setback for Verathon and that the USPTO's characterization of even the remaining claims as "patentable" will be reversed in further proceedings. Aircraft maintains its position that none of its products fall within either the original or amended claims of Verathon's US Patent Number 6,543,447.
Background
Aircraft Medical is the manufacturer of the McGrath(R) Series 5, the world's first fully portable video laryngoscope. Its compactness, and a cable free design, means the life saving benefits of video laryngoscope technology can fit in the pocket of a paramedic or mobile user. As a result, it is immediately available for use in potentially life threatening cases. The McGrath(R) Series 5 is leading the growth of the portable video laryngoscope market with distribution in North America, Europe and Australasia. Matt McGrath, Aircraft Medical's CEO, was last year named "Young Scot of the Year" by the Institute of Contemporary Scotland in recognition of the invention of McGrath(R) Series 5 and its advancement of healthcare and subsequent international success.
Contact:
Financial Dynamics
Jonathan Birt: +44(0)207-269-7205
John Dineen: +44(0)207-269-7205
Contact: Financial Dynamics, Jonathan Birt: +44(0)207-269-7205, John Dineen: +44(0)207-269-7205
