P.A.L.M. Wins Patent Dispute against Leica
Bernried, Oberkochen, 01.06.2005. The patent infringement suit filed against Leica Microsystems Wetzlar GmbH (Leica) by P.A.L.M. Microlaser Technologies AG, Bernried, (P.A.L.M.), a 100% subsidiary of Carl Zeiss AG, in September 2000 has been granted by the Regional Court in Munich, Germany. P.A.L.M. also won in parallel proceedings before the European Patent Office.
On April 6, 2005 Leica was sentenced by the Munich Regional Court for infringement of European patent EP 0 879 408 B1 granted to P.A.L.M. to cease and desist, to render account and to pay damages. As far as P.A.L.M had sued Leica for infringement of an utility model in this litigation the Court has come to a different judgment that does not have an effect on the Court's findings concerning Leica's patent infringement. The Munich Regional Court may order a fine in the amount of up to € 250.000 for each and every breach of the obligations to cease and desist and rendering account. The decision is not final and has been appealed by Leica. However, it is preliminarily enforceable for PALM against a security of € 500.000 independent of an appeal. The Legal Department of the Carl Zeiss Group has expressed its opinion that the appeal by Leica will not be successful as the Court has carefully considered all arguments concerning the patent infringement and has found a conclusive judgment.
The European Patent Office confirmed the validity of this patent on May 3, 2005 and upheld the patent in unamended form in the version originally granted. After P.A.L.M. had sued for infringement, Leica filed an opposition at the European Patent Office. The opposition was already rejected in the first instance proceedings, after which Leica filed an appeal at the European Patent Office. This appeal has now also been dismissed in a last-instance decision by the European Patent Office.
The patent granted to P.A.L.M. protects a laser microdissection technique in which, with the aid of a laser beam, selected biological objects are separated from the surrounding biological mass and are catapulted away from the slide towards a collecting device by means of a laser shot. This technique permits non-contact and, in particular, automatable dissection of biological objects such as cells or cell components and simultaneously guarantees the survivability of the individual biological objects and the retention of their structure. This method is used, for example, in forensic science for the isolation of individual sperm or skin cells, or for research into chromosome extraction.
Dr. Ulrich Simon, Executive Vice President and General Manager in the Microscopy Group at Carl Zeiss AG and Chairman of the Supervisory Board at P.A.L.M. Microlaser Technologies AG, greatly welcomed the decisions of the two courts: "The verdicts confirm our opinion that Leica is illegally using the principle protected by the European patent for its own laser microdissection systems. This means that the technology leadership of Carl Zeiss in this field is now recognized. We always aspire to pass on our lead in microscopy know-how and technology to users in the life sciences and accelerate the pace of technological progress. In the form of total microscopy solutions for state-of-the-art research, we provide the bundled competence and innovative strength of Carl Zeiss and P.A.L.M. as an important part of the Carl Zeiss Microscopy Group."
Marc Cyrus Vogel
Vice President Corporate Communications
Phone: +49 7364 20-3242
Fax: +49 7364 20-3122
E-Mail: vogel@zeiss.de
Gudrun Vogel
Carl Zeiss Jena GmbH
Communication
07745 Jena, Germany
Phone +49 3641 64 2770
Fax +49 3641 64 2941
E-Mail: g.vogel@zeiss.de |  www.zeiss.de/micro
 E-Mail
 Print this page |