BARDEHLE PAGENBERG successfully defends patent of iVIS Technologies S.r.l. as granted against nullity complaint before Federal Patent Court

Press release dated December 2, 2019

iVIS Technologies S.r.l. (iVIS), based in Italy, is one of the world’s leading manufacturers of medical devices for treating refractive disorders and various corneal eye diseases.

For one of its inventions, iVIS was granted the European patent EP 1 649 843 which relates to a smart control of the surface power density of surgical laser systems which becomes more and more important in increasingly fast laser systems. This control not only prevents overheating and associated unintended damage to the cornea tissue but also unpredictable interference between consecutive laser pulses. Thus, the duration of the surgery is minimized and a particularly even ablation is achieved at the same time, which makes the procedure even more precise.

SCHWIND eye-tech-solutions GmbH (SCHWIND) had challenged the validity of the German part of EP 1 649 843 (60 2005 003 750.0) by way of a nullity complaint filed with the German Federal Patent Court. Due to the Court’s decision dated November 19, 2019, said nullity complaint was dismissed in its entirety and the patent was maintained as granted. SCHWIND may lodge an appeal against this decision with the German Federal Court of Justice.

Representatives of iVIS: BARDEHLE PAGENBERG (Munich)
<link record:employeeinfo:198>Dr. Georg Anetsberger (German and European Patent Attorney, Partner)
<link record:employeeinfo:213>Dr. Michael Kobler (Attorney at Law, Partner)
<link record:employeeinfo:18818>Marius Fischer (Patent Engineer and Trainee Patent Attorney)

Representatives of SCHWIND: 
Hofstetter, Schurack & Partner (Munich) and
Jones Day (Munich)
Dr. Alfons Hofstetter (Patent Attorney, Hofstetter, Schurack & Partner) Gerd Jaekel (Attorney at Law, Jones Day)

4th Nullity Senate of the German Federal Patent Court:
Presiding Judge: Ingrid Kopacek



Georg Anetsberger
German and European Patent Attorney, Partner*

Georg Anetsberger

Michael Kobler
Attorney-at-Law (Rechtsanwalt), Counsel

Michael Kobler