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Plasmatreat wins dispute over European patent

The European Patent Office (EPO) by its decision of 12.12.2006 has upheld Plasmatreat's European Patent EP 0 761 415 relating to a process for increasing the wettability of the surfaces of workpieces. Opposition was filed by the companies AFS of Neusäß, RAantec based in Borgholzhausen, and arcotec of Mönsheim. The main claim of the patent protects a process in which a focused beam of plasma is generated by an arc discharge. With the aid of this plasma beam the surfaces of workpieces are treated without there being any transmission of the arc discharge. In doing this the arc discharge is operated in characteristic manner by means of a high-frequency alternating voltage.

As a result of this decision the validity of the patent has been confirmed once again after the EPO had already confirmed the patentability of the invention in first instance by its decision of 5.7.2005. The decision now announced is final at the European level. Plasmatreat regards the proprietary right at issue as a basic patent.

In connection with this Plasmatreat believes it to be appropriate to mention that in two patent infringement cases the Düsseldorf Regional Court decided in summer this year in Plasmatreat’s favour against RAantec and arcotec. In the referenced judgements the court followed Plasmatreat's motions according to which the patent in dispute had been indirectly infringed. This is because the devices called “PlasmaJet” and “arcospot” respectively are destined and suitable for carrying out the process protected to the benefit of Plasmatreat. Furthermore, on grounds of indirect patent infringement both companies have been enjoined from further infringing activities and have to render accounts as well as their obligation to damages was confirmed. The judgements are not yet final.

Plasmatreat regards the latest judgement of the EPO as being in line with a series of judgements which have confirmed its intellectual property rights. Said decisions of the Düsseldorf Patent Disputes Court demonstrate not only the value of the invention protected to the benefit of Plasmatreat, but also its enforceability.



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