With its decision of February 4, 2020, the Federal Court of Justice, Germany’s highest court in patent matters, rejected a request of the Chinese company Hisky Medical Technologies Co. Ltd. This has the consequence that the judgment of Düsseldorf Higher Regional Court, obtained by the French company Echosens S.A. in March 2018, is now final and non-appealable. Based on this judgment, Hisky’s “FibroTouch – FT-1000” device was banned from the German market due to the infringement of the German part of the Echosens’ VCTE patent EP 1 169 636 B1.
French company Echosens is a leading provider of non-invasive medical devices dedicated to the assessment of chronic liver disease with FibroScan®, a device using patented and validated VCTE™ for liver stiffness assessment, and CAP™ for steatosis quantification.
Throughout these proceedings, Echosens has been represented by the patent litigation team of the law firm HEUKING KÜHN LÜER WOJTEK, with the assistance of patent attorneys from COHAUSZ & FLORACK, and additionally by Dr. Reiner Hall for the review proceedings before the Federal Court of Justice.
Criminal proceedings are still pending in Austria because of the allegation of deliberate infringement of the Austrian part of the same European patent EP 1 169 636 B1 and of Echosens’ FibroScan® trademark.
Legal Counsel at Heuking:
Dr. Anton Horn
Dr. Sabine Dethof
Legal counsel at the Federal Court of Justice:
Dr. Reiner Hall
See also the press releases on the earlier judgements: