Judge rules for Penox over PB

Sunday, February 27, 2005

February 28, 2005

ST. LOUIS - The U.S. Court of Appeals for the Federal Circuit ruled on Feb. 17 that the ESCO2RT ultra-lightweight portable liquid oxygen unit, manufactured and sold by Penox Technologies, does not infringe on Puritan-Bennett’s Helios H-300 liquid oxygen unit.
In a single sentence ruling, the Federal Circuit affirmed a lower court’s opinion. In that opinion, Chief Judge Larry McKinney of the Southern District observed that there were “stark” and “substantial” differences between the ESCO2RT liquid oxygen unit and the Helios patent such that no reasonable jury could find in favor of Mallinckrodt on its patent infringement claim, Penox stated in a release.
“We were confident that we would prevail in this case,” said Penox spokesman Mickey Waldman stated in a release.  “We are very pleased that the Court’s decision allows us to continue to market and sell our ESCO2RT units to healthcare providers across the country.