Qioptiq Takes Action Against Dürr Dental SE Over Patent Infringement
Court prohibits distribution of the infringing Dürr Dental camera in Germany
Munich District Court I finds Dürr infringes Qioptiq patents; prohibits distribution and commercial use of Duerr’s VistaCam iX HD dental camera (7 O 19301/17 and 7 O 14919/18, not final).
The Munich District Court I sustained two patent infringement actions initiated by Qioptiq Photonics GmbH & Co KG (Qioptiq) against Dürr Dental SE (Duerr). The Munich District Court I explicitly found that Duerr’s VistaCam iX HD dental camera and the related “Cam”, “Proof”, and “Proxi” headpieces, also manufactured and sold by Duerr, each infringe the German parts of the European Patents EP 1 780 575 and EP 2 161 607 (“Patents”) owned by Qioptiq.
The Munich District Court I prohibited Duerr from, among other things, distributing or offering the VistaCam iX HD dental camera and the “Cam”, “Proof”, and “Proxi” headpieces in Germany.
The judgments by the Munich District Court I are not final. Duerr has appealed the judgments (6 U 221/19) and Qioptiq is opposing Duerr’s appeal. Under the very restrictive legal standards for reversing an order under appeal, Duerr must e.g. show that the claim construction adopted by the District Court is erroneous. Duerr also filed nullity actions to the German Federal Patent Court against both Patents (7 Ni 29/19 and 7 Ni 30/19).
In the meantime, the judgments of the Munich District Court I are enforceable and effective, meaning that the Duerr VistaCam iX HD dental camera and the “Cam”, “Proof”, and “Proxi” headpieces may not be offered for sale, sold or used in Germany. Qioptiq intends to continue to vigorously pursue and protect its intellectual property rights against Duerr and any other person who infringes Qioptiq’s rights by using these products. In particular, Qioptiq will pursue claims against any third parties selling, offering or commercially using the Duerr VistaCam iX HD dental camera and the Duerr “Cam”, “Proof”, and “Proxi” headpieces in Germany.
About Excelitas Technologies
Acquired by Excelitas Technologies in 2013, Qioptiq GmbH and Co KG is an Excelitas Technologies company. Excelitas Technologies® Corp. is a photonics technology leader focused on delivering innovative, high-performance, market-driven solutions to meet the lighting, optronics, detection and optical technology needs of global customers. Serving a vast array of applications across biomedical, scientific, safety, security, consumer products, semiconductor, industrial manufacturing, defense and aerospace sectors, Excelitas Technologies stands committed to enabling our customers' success in their end-markets. Excelitas Technologies has approximately 6,700 employees in North America, Europe and Asia, serving customers across the world. Connect with Excelitas on Facebook, LinkedIn and Twitter.
Excelitas Technologies Corp Contacts:
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Feldkirchen, Germany (near Munich)
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Rochester, New York. USA
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