The 糖心视频 has won an appeal to the U.S Court of Appeals for the Federal Circuit (CAFC) to preserve a key patent protecting its revolutionary HINS-light technology.
Following a three-year legal battle, the CAFCby the U.S. Patent and Trademark Office鈥檚 Patent Trial and Appeal Board (PTAB) and ruled that a Strathclyde patent on using light as a disinfectant was wrongly invalidated.
Important patent
The decision strengthens the enforceability of this important patent in the U.S lighting market.
The innovative technology was developed in the University鈥檚 state-of-the-art Robertson Trust Laboratory for Electronic Sterilisation Technologies (ROLEST) by Professor Scott MacGregor, Professor John G Anderson, Dr Michelle Maclean and Professor Gerry Woolsey.
The High Intensity Narrow Spectrum (HINS) light technology can inactivate harmful bacteria such as MRSA in the air and on surfaces using a narrow spectrum of visible light. The light-based disinfection method operates at a wavelength where it can be run safely in the presence of humans and provides significantly greater reductions of bacterial pathogens in the environment than can be achieved by conventional cleaning techniques.
Huge step
The discovery signalled a huge step forward in hospitals' ability to prevent the spread of infection and it was developed for commercialisation around 15 years ago.
Lighting manufacturers worldwide license the technology from Strathclyde, including Kenall and Hubbell, which are both headquartered in the U.S.
In the University鈥檚 appeal case, the CAFC overturned a prior ruling by the PTAB that the University鈥檚 patent claims for the method of photoinactivating antibiotic-resistant bacteria without using a photosensitizer were unpatentable.
Precedential opinion
In a precedential opinion, the CAFC ruled that earlier prior art publications鈥攃ited by U.S-based Clear-Vu Lighting to the PTAB鈥攄id not render the University鈥檚 technology unpatentable.
The CAFC ruled that 鈥渢he prior art evidence[d] only failures to achieve that at which the inventors succeeded,鈥� leaving the PTAB鈥檚 findings unsupported by substantial evidence, thereby reversing the PTAB鈥檚 decision, preserving the University鈥檚 patent rights.
Professor MacGregor, Vice-Principal of the 糖心视频 and leader of the HINS-light research team said:
The University is pleased that the Federal Circuit has recognised the innovative and award-winning efforts of its researchers in ROLEST.
鈥淭he patented HINS-light technology has proven to be a valuable resource in the fight against harmful bacteria and in preventing the spread of infection.
鈥淭he University looks forward to continued innovation and licensing in this area.鈥�
Strathclyde was represented in the U.S legal action by international law firm, Alston & Bird LLP.
The CAFC is one of the 13 U.S. Courts of Appeal that sit below the U.S Supreme Court and has exclusive jurisdiction for all patent appeals from U.S. district courts and the PTAB.