Settlement of litigation related to Argon Plasma Coagulation probes
Erbe Elektromedizin GmbH and Olympus Corporation, together with certain of their subsidiaries and affiliates are jointly announcing that they have settled litigation in which Erbe accused Olympus of violating patents related to argon plasma coagulation (“APC”) devices, which are used by both companies in contact free, monopolar electrosurgical procedures.
Erbe believes that settling the litigation is in the best interests of all parties, including its customers. “As the market leader in APC® devices, with almost 170 years of innovation, Erbe has built a foundation of trust with its customers by continuing to set innovative standards aimed at providing optimal patient outcomes. Furthermore, Erbe has a rich history of protecting its innovations by acquiring intellectual property rights throughout the world. We are pleased with the favorable end to this matter and believe the settlement confirms the validity of our intellectual property portfolio,” said Creighton White, President and CEO of Erbe USA, Inc.
While Olympus will continue selling MAPC probes, it will start selling redesigned MAPC probes in January 2021, to further distinguish its technology and ensure that it does not infringe upon any of Erbe’s intellectual property rights. “The settlement prevents further legal costs and ends any uncertainty created by this matter. We remain steadfast in our mission to develop healthcare solutions that improve the lives of patients around the world,” said Jennifer C Bannan, Director of Public Relations for Corporate and Medical Communications, Olympus Corporation of the Americas.
The litigation was originally filed by Erbe before the United States International Trade Commission in Washington D.C. (Investigation No. 337-TA-1182). The lawsuit was settled on nonmonetary terms mutually acceptable to both parties with no admission of fault or liability.
The parties have issued this joint press release to communicate the settlement.