Sunrise Medical successfully resolves global patent dispute involving wheelchair suspension technology
Client(s) Sunrise Medical (US) LLC
Jones Day represented Sunrise Medical in a global dispute related to its mid-wheel-drive power wheelchairs. Sunrise's competitor, Invacare Corp., initiated four infringement actions in Germany based on European patents related to suspension technology for powered wheelchairs. In response, Sunrise filed four nullity actions seeking to invalidate each of the asserted patents. In Germany, Sunrise successfully obtained several decisions of the German Federal Patent Court, invalidating the German parts of three of the four asserted European patents in first instance. Invacare appealed two of the decisions to the German Federal Supreme Court. In light of the positive outcome of the nullity proceedings initiated by Jones Day, all four infringement proceedings before German courts were stayed. The global dispute also covered two Sunrise patents in Europe. Jones Day successfully had one European patent confirmed in opposition proceedings at the European Patent Office, and a further nullity proceeding was pending at the Federal Supreme Court. The dispute extended to the U.S. when Invacare filed an infringement action in Delaware asserting seven U.S. patents, all of which were also related to suspension technology for powered wheelchairs. In the U.S., the parties litigated through expert discovery and summary judgment and Daubert briefing. Prior to the scheduled oral hearing date, the parties engaged in mediation and were able to successfully resolve the entire global dispute in a manner beneficial to both parties.
Invacare Corporation v. Sunrise Medical (US) LLC, No. 1-21-cv-00823 (D. Del.); In Germany: Case No. 7 O 118/20 (Mannheim District Court); X ZR 33/23 (Federal Supreme Court, Karlsruhe), first instance: No. 6 Ni 20/22 (EP) (Federal Patent Court, Munich); No. 7 O 111/21 (Mannheim District Court); No. 6 Ni 1/22 (EP) (Federal Patent Court, Munich); No. 7 O 129/21 (Mannheim District Court); No. 6 Ni 33/22 (EP) (Federal Patent Court, Munich); No. 7 O 130/21 (Mannheim District Court); No. 8 Ni 33/22 (EP) (Federal Patent Court, Munich); No. X ZR 61/23 (Federal Supreme Court, Karlsruhe), first instance: No. 7 Ni 26/20 (EP) (Federal Patent Court); In Europe: EPO Appeal Proceedings EP3197414B1 / EP 15843 875.4 (European Patent Office, Munich)
