UK High Court Revokes Regen Lab PRP Patent for Lack of Novelty and Inventive Step
Regen Lab's patent was challenged by Estar Medical. This UK judgment adds to the recent German court's decision denying Regen Lab's patent infringement claim against Estar Medical, the European Patent Office preliminary opinion which found the same Regen Lab patent to be invalid on multiple grounds and the venue judgment in New York in which Regen Lab lost its case against Estar Medical.
HOLON, Israel, Jan. 23, 2019 /PRNewswire/ -- Estar Technologies Ltd. ("Estar Medical"), a leading global developer and manufacturer of innovative medical products in the biologics, regenerative medicine and platelet rich plasma (PRP) fields, today announced that on January 18, 2019, the UK High Court of Justice (Patents Court) ("UK Court") ruled in favor of Estar Medical in the patent litigation lawsuit initiated by Regen Lab SA ("Regen Lab").
Regen Lab had attempted to enforce its European Patent No. 2073862 against Estar Medical who, in turn, counter-claimed that the patent was invalid. The UK Court agreed with Estar Medical's position and revoked the patent. In its ruling, the UK Court stated that the Regen Lab patent "is invalid for lack of novelty and inventive step. Regen's application to amend the Patent is refused on the ground that the amended Patent would still be invalid". The court also found Regen Lab's owner and CEO, Mr. Antoine Turzi, to be "not a reliable witness". Estar Medical is pleased that the UK Court ruled in its favor, agreeing that the Regen Lab patent lacks both novelty and inventive step. Estar Medical has remained confident throughout the case of its ability to sell its leading products in the UK and elsewhere and is gratified to see that confidence affirmed by the UK Court.
The UK Court decision adds to other decisions in Estar Medical's favor. In Germany, Estar Medical won its patent infringement case against Regen Lab on June 5, 2018, where the Regional Dusseldorf District Court entirely dismissed the Regen Lab infringement claim against Estar Medical, concluding no infringement of patents had taken place. Also, on March 29, 2018, the European patent Office ("EPO") issued a preliminary non-binding opinion that Regen Lab's European Patent No. 2073862, is invalid on the grounds of (i) added matter, (ii) lack of novelty, and (iii) lack of sufficient disclosure. Unless the Opposition Division of the EPO radically changes its views at an oral hearing, the result will be the complete invalidation and revocation of the Regen Lab PRP patent in all contracting states of the European Patent Convention.
Finally, Estar Medical also won its motion to dismiss against Regen Lab in the US District Court for the Southern District of New York ("SDNY"), where the SDNY ruled that Regen Lab has no jurisdiction over Estar Medical in New York.
About Estar Technologies Ltd.
Founded in 1991, Estar Medical is a global leader and innovator in the biologics, cell therapy and platelet rich plasma (PRP) arena. Estar's products are globally marketed mainly under the renowned Tropocells® and Cellenis® brands. Estar Medical has developed a unique and extremely effective patented technology for the simple preparation of PRP by enabling the physician to easily and effectively separate and concentrate growth factors taken from the patient's own blood for the purpose of building new tissues and effectively accelerate the natural autologous wound healing process. For many years, Estar Medical has developed a significant global patent portfolio, with many issued patents and pending patent applications related to the preparation and administration of PRP and other biologics.
For more information about Estar Medical or its PRP and Cell Therapy technology and products, please visit http://www.estar-medical.com.
Contact:
Yuval Esteron
yuval@estar-medical.com
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