Comvita wins UK patent appeal

Paengaroa based natural health and beauty products company Comvita has succeeded in its appeal against a judgment by United Kingdom courts to rule one of its patents invalid.

The appeal was for the protection of a patent made by Apimed Medical Honey Limited (Apimed), a wholly owned subsidiary of Comvita Limited.


In January 2011 the English Patents County Court found that an Apimed patent for a honey impregnated wound dressing was invalid.

The Court of Appeal has now overturned this ruling and Comvita's patent has been re-instated.

The Court of Appeal has also granted a Certificate of Contested Validity, which has the effect of confirming the patent claims were contested in proceedings before a competent court.

Comvita chief executive Brett Hewlett says the decision provides a stable footing from which the Paengaroa based business can build on.

'It means the medical grade manuka honey gel sheet patent has not only been restored, but has survived comprehensive scrutiny by the UK legal system,” says Brett.

'This will now have a considerable deterrent value both in the UK and elsewhere.

'In addition, there would be cost benefits to Comvita in any subsequent revocation proceedings which might be launched against the patent in the UK or elsewhere.”

Apimed and Brightwake Limited (trading as Advancis Medical) settled Apimed's claim for patent infringement in respect of Brightwake's Algivon product last September.

This grants Brightwake a sub-licence to manufacture, distribute and sell its Algivon products in territories such as the UK, Europe, New Zealand, Australia, South Africa, Singapore and Japan. This sub-license does not include the United States of America or Canada.

In terms of the financial impact on Comvita, the costs of this appeal hearing were capped and provided for in 2011 budgeting.

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