Korean medical device corporations Livsmed said on the 1st that it won both the invalidation trials and the scope-of-rights confirmation trials in decisions stemming from a patent dispute with ACH Medical.
According to the company, Livsmed in Jun. filed a total of four trials with the Intellectual Property Trial and Appeal Board—two invalidation trials and two scope-of-rights confirmation trials—against ACH Medical's patent. In response, last month the board ruled that ACH Medical's patent claims are invalid and that Livsmed's "ArtiSential" product does not fall within the scope of rights of the patent.
Livsmed said, "This clearly confirms that ACH Medical's claims have no legal basis."
After the patent trials were filed, ACH Medical brought a civil patent infringement suit against Livsmed. Livsmed noted, "Under patent law principles, if a patent is finally invalidated, the effect of the patent right itself is extinguished and infringement cannot be established," adding, "The civil suit based on the patent will also lose its meaning."
Livsmed is pushing to list on the Kosdaq. At the end of last year, it received "AA" and "A" ratings in a technology evaluation, and in May it filed for a preliminary review for a special-technology listing on Kosdaq. The company said the latest decision resolved legal uncertainties. Based on the secured legal stability, the company plans to actively expand its business, including accelerating entry into global markets and expanding new product lines.
Jang Dong-gyu, Livsmed executive director (patent attorney), said, "We will continue to take the lead in securing a competitive edge in the medical device industry and fostering a fair market environment, based on ongoing technological innovation, rigorous intellectual property management, and capabilities in developing global markets."