Medtech firm faces lawsuit over COVID–19 design
Leading healthcare tech company accused of infringing COVID-19 test design | Cellex has asked court for injunctive relief | Siemens.
Biotech company Cellex has taken medical device company Siemens Healthineers—a subsidiary of Siemens—to court over the alleged infringement of a design patent.
In a suit filed Friday, July 29, at the US District Court for the District of Delaware, Cellex claimed that Siemens Healthineers’ Clinitest COVID-19 tests are infringing US design patent number D939,105.
According to Cellex, Siemens Healthineers’ tests have “substantially the same” visual design as its own rapid COVID-19 tests.
The US Patent and Trademark Office issued the design patent in December last year. It covers a “testing cassette”, Cellex’s version of the device used in many rapid tests to receive samples and deliver results.
On its website, Cellex said its test was the first COVID-19 antibody test to receive emergency use authorisation from the US Food and Drug Administration.
“Siemens’ direct and induced infringement has also caused irreparable harm to Cellex. Cellex will continue to suffer substantial loss and irreparable injury unless and until Siemens is enjoined from its wrongful actions complained of,” said the suit.
Cellex has asked the court for injunctive relief and orders directing an accounting of Siemens’ profits and an award of damages.
In May this year, Siemens Healthineers said that there had been further increased demand for its rapid COVID-19 antigen tests and raised its projected revenue to €1.3 billion.
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