Advanced Brain Monitoring, Inc. v.Koninklijke Philips N.V. et al.
The Hague (NL) Local Division · UPC-000049
Advanced Brain Monitoring, Inc. (ABM), proprietor of European Patent EP 2 437 696 B2 relating to wearable position therapy devices for treating sleep disorders, sued Koninklijke Philips N.V. and related entities for infringement of the patent with their NightBalance device. Philips counterclaimed for revocation, alleging lack of novelty, lack of inventive step, added matter, and insufficiency of disclosure. The Court of First Instance of the Unified Patent Court (Local Division The Hague) revoked the patent in its entirety as obvious over prior art JP H03-49748 A in combination with common general knowledge, dismissed the infringement action, and ordered ABM to pay costs.