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Strathclyde Uni Wins US Court Appeal Over Light Tech Patent

Graham Turner

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Strathclyde Uni Court Appeal
Following a three-year legal battle, the US Court of Appeals for the Federal Circuit (CAFC) reversed a decision by the Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB) and ruled that a Strathclyde patent was wrongly invalidated.

Strathclyde Uni‘s High Intensity Narrow Spectrum (HINS) light technology can inactivate harmful bacteria such as MRSA in the air and on surfaces using a narrow spectrum of visible light.

The light-based disinfection method operates at a wavelength where it can be run safely in the presence of humans and provides significantly greater reductions of bacterial pathogens in the environment than can be achieved by conventional cleaning techniques.

In the university’s appeal case, the CAFC overturned a prior ruling by the PTAB that the university’s patent claims for the method of photoinactivating antibiotic-resistant bacteria without using a photosensitizer were unpatentable.

The decision – following a three-year court battle – strengthens the enforceability of this patent in the US lighting market.


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The discovery of HINS signalled a huge step forward in hospitals’ ability to prevent the spread of infection and it was developed for commercialisation around 15 years ago.

Lighting manufacturers worldwide license the technology from Strathclyde, including Kenall and Hubbell, which are both headquartered in the US.

The CAFC ruled that “the prior art evidence[d] only failures to achieve that at which the inventors succeeded,” leaving the PTAB’s findings unsupported by substantial evidence, thereby reversing the PTAB’s decision, preserving the University’s patent rights.

Speaking about the ruling, Professor MacGregor, Vice-Principal of the University of Strathclyde and leader of the HINS-light research team said: “The patented HINS-light technology has proven to be a valuable resource in the fight against harmful bacteria and in preventing the spread of infection.

“The university looks forward to continued innovation and licensing in this area.”


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Graham Turner

Sub Editor

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